Vol. 79 Friday, No. 124 June 27, 2014 Pages 36387–36628

Vol. 79 Friday, No. 124 June 27, 2014

Pages 36387–36628

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 124

Friday, June 27, 2014

Agency for Healthcare Research and Quality Special Local Regulations: NOTICES Chinatown Chamber of Commerce Dragon Boat Race, Request for Information: Chicago, IL, 36399 Interventions to Improve Appropriate Antibiotic Use for Acute Respiratory Tract Infections, 36514–36516 Commerce Department See International Trade Administration Agriculture Department See National Institute of Standards and Technology See Food and Nutrition Service See National Oceanic and Atmospheric Administration See Forest Service See National Telecommunications and Information See Rural Business–Cooperative Service Administration See Rural Housing Service See Patent and Trademark Office See Rural Utilities Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36459 Submissions, and Approvals, 36456 Privacy Act; Systems of Records, 36459–36462 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Nutrition Database, 36456–36457 Committee for Purchase From People Who Are Blind or Severely Disabled Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Procurement List; Additions and Deletions, 36477–36478 See Committee for Purchase From People Who Are Blind or Severely Disabled Community Living Administration NOTICES Broadcasting Board of Governors Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Service Contract Analysis and Inventories; FY 2012 and Evidence-Based Falls Prevention Program, 36527–36528 2013, 36459 Reinstatement with Changes to Title III Supplemental Form to the Financial Status Report, 36528 Centers for Medicare & Medicaid Services Program Instructions for Funds: NOTICES Medicare Improvements for Patients and Providers Act: Agency Information Collection Activities; Proposals, State Plans for Medicare Savings Program, Low Submissions, and Approvals, 36516–36521 Income Subsidy & Prescription Drug Enrollment Application for Continued Approval of Critical Access Outreach and Assistance, 36528–36529 Hospital Accreditation Programs: Det Norske Veritas Healthcare, 36521–36522 Comptroller of the Currency Applications for Approval of iAmbulatory Surgical Center RULES Accreditation Programs: Debt Cancellation Contracts and Debt Suspension Joint Commission, 36522–36524 Agreement; CFR Correction, 36387 Approvals of Hospital Accreditation Programs: Leasing; CFR Correction, 36387 Joint Commission, 36524–36527 Rules, Policies, and Procedures for Corporate Activities; CFR Correction, 36387 Coast Guard RULES Consumer Product Safety Commission Arrival Exception, 36401–36405 NOTICES Drawbridge Operations: Meetings; Sunshine Act, 36478 Duwamish Waterway, Seattle, WA, 36400 St. Croix River, Stillwater, MN, 36400–36401 Safety Zones: Corporation for National and Community Service Amboys Fireworks, Raritan Bay, Perth Amboy, NJ, NOTICES 36409–36411 Agency Information Collection Activities; Proposals, Annual Events in the Captain of the Port Zone Buffalo, Submissions, and Approvals: 36405–36409 School Turnaround Americorps; National Evaluation, Fourth of July Fireworks Displays within the Captain of 36478–36479 the Port Charleston Zone, SC, 36416–36419 Freeport Chamber of Commerce Fireworks Display, South Defense Department Oyster Bay, Freeport, NY, 36412–36414 NOTICES Independence Day Celebration Fireworks, Lake Ontario, Establishment of Advisory Committees: Oswego, NY, 36414–36416 Judicial Proceedings Panel, 36479–36481 Point Pleasant Sternwheel Festival Annual Fireworks Revised Non-Foreign Overseas Per Diem Rates, 36481– Displays, Ohio River, Point Pleasant, WV, 36416 36491

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Education Department Pilots Convicted of Alcohol or Drug-Related Motor NOTICES Vehicle Offenses or Subject to State Motor Vehicle Agency Information Collection Activities; Proposals, Administrative Procedure, 36575 Submissions, and Approvals: Policy for Discontinuance of Certain Instrument Approach National Evaluation of the Technical Assistance and Procedures, 36576–36577 Dissemination Program, 36491–36492 Proposed Airport Access Restriction, 36577–36578 Applications for New Awards: Training and Information for Parents of Children with Federal Deposit Insurance Corporation Disabilities––Parent Training and Information NOTICES Centers, 36492 Financial Institutions for Which the Federal Deposit Teacher Quality Partnership Grant Program: Insurance Corporation has been Appointed Either Extension of Deadline, 36492–36493 Receiver, Liquidator, or Manager, 36513

Employment Standards Administration Federal Energy Regulatory Commission See Wage and Hour Division NOTICES Energy Department Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36498–36500 See Energy Efficiency and Renewable Energy Office Applications: See Federal Energy Regulatory Commission NOTICES North East Wisconsin Hydro, LLC, 36501–36502 Environmental Impact Statements; Availability, etc.: Rockies Express Pipeline LLC, 36500 Great Northern Transmission Line Project; Public Scoping Southern California Edison Company, 36500–36501 Meetings, 36493–36497 Combined Filings, 36502–36504 Commission Staff Attendance, 36504 Energy Efficiency and Renewable Energy Office Complaints: NOTICES Entergy Texas, Inc. v. East Texas Electric Cooperative, Agency Information Collection Activities; Proposals, Inc., Sam Rayburn Electric Cooperative, Inc., Tex–La Submissions, and Approvals, 36497–36498 Electric Cooperative of Texas, Inc., 36504–36505 Environmental Assessments; Availability, etc.: Environmental Protection Agency Allison Creek Hydroelectric Project; Copper Valley RULES Electric Association, Inc., 36505–36508 Air Quality State Implementation Plans; Approvals, Initial Market-Based Rate Filings Including Requests for Disapprovals, and Promulgations: Blanket Section 204 Authorization: South Dakota; Revisions to South Dakota Administrative Beebe 1B Renewable Energy, LLC, 36509 Code; Permit: New and Modified Sources, 36419– Fourmile Wind Energy, LLC, 36508 36428 Grand Ridge Energy Storage LLC, 36510 Analysis of Contaminants Under the Safe Drinking Water Limon Wind III, LLC, 36509 Act: Mulberry Farm, LLC, 36510 Alternative Test Procedures; Approvals, 36428–36429 Selmer Farm, LLC, 36508–36509 National Oil and Hazardous Substances Pollution Petitions: Contingency Plan: Bloom Energy Corporation, 36510–36511 Listing of Trustee Designations, 36429–36431 NOTICES Federal Motor Carrier Safety Administration Environmental Impact Statements; Availability, etc., 36511 NOTICES Request for Nominations: Agency Information Collection Activities; Proposals, Scientific Peer Reviewers; Estimating Exposures and Submissions, and Approvals: Incremental Health Effects from Lead During Motor Carrier Records Change Form, 36578–36579 Renovation, etc., 36511–36513 Hours of Service of Drivers; Exemption Applications: Illumination Fireworks, LLC; ACE Pyro LLC, 36579– Executive Office of the President 36581 See Presidential Documents Federal Aviation Administration Federal Retirement Thrift Investment Board RULES PROPOSED RULES Airworthiness Directives: Legal Process for the Enforcement of a Tax Levy or Rolls-Royce plc Turbofan Engines, 36387–36389 Criminal Restitution Order Against a Participant IFR Altitudes: Account, 36438–36440 Miscellaneous Amendments, 36389–36393 PROPOSED RULES Fish and Wildlife Service Airworthiness Directives: NOTICES DG Flugzeugbau GmbH Gliders, 36440–36442 Conference of the Parties: Piper Aircraft, Inc., 36442–36443 Convention on International Trade in Endangered Species NOTICES of Wild Fauna and Flora; Seventeenth Regular Agency Information Collection Activities; Proposals, Meeting; Species Proposals for Consideration, 36550– Submissions, and Approvals: 36552 High Density Traffic Airports; Slot Allocation and Environmental Assessments; Availability, etc.: Transfer Methods, 36574 Golden Eagles; Shiloh IV Wind Project, Solano County, Implementation to the Equal Access to Justice Act, CA; Programmatic Take Permit Decision, 36552– 36575–36576 36553

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Environmental Impact Statements; Availability, etc.: Health Resources and Services Administration Monomoy National Wildlife Refuge, Chatham, MA, NOTICES 36553–36554 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36537–36539 Food and Drug Administration Petitions: NOTICES National Vaccine Injury Compensation Program, 36539– Agency Information Collection Activities; Proposals, 36540 Submissions, and Approvals: Food Labeling Regulations, 36529 Healthcare Research and Quality Agency Prior Notice of Imported Food Under the Public Health See Agency for Healthcare Research and Quality Security and Bioterrorism Preparedness and Response Act of 2002, 36529–36530 Homeland Security Department Draft Guidance for Industry and Staff: See Coast Guard Global Unique Device Identification Database, 36530– See Transportation Security Administration 36532 See U.S. Citizenship and Immigration Services Use of Nanomaterials in Food for Animals, 36530 Guidance for Industry: Housing and Urban Development Department Assessing the Effects of Significant Manufacturing NOTICES Process Changes, Including Emerging Technologies, Federal Property Suitable as Facilities to Assist the on the Safety and Regulatory Status of Food Homeless, 36544–36550 Ingredients and Food Contact Substances, Including Food Ingredients That Are Color Additives, 36533– Interior Department 36534 See Fish and Wildlife Service Considering Whether a Food and Drug Administration- See Land Management Bureau Regulated Product Involves the Application of See Reclamation Bureau Nanotechnology, 36534–36535 Safety of Nanomaterials in Cosmetic Products, 36532– International Trade Administration 36533 NOTICES Patent Extension Regulatory Review Periods: Antidumping and Countervailing Duty Administrative VICTRELIS, 36535–36536 Reviews; Results, Extensions, Amendments, etc., Privacy Act; Systems of Records, 36536–36537 36462–36471 Countervailing Duty Administrative Reviews; Results, Food and Nutrition Service Extensions, Amendments, etc.: RULES Utility Scale Wind Towers from the People’s Republic of Agency Information Collection Activities; Proposals, China, 36471 Submissions, and Approvals: National School Lunch Program; Independent Review of International Trade Commission Applications Required by the Healthy, Hunger-Free NOTICES Kids Act of 2010, 36387 Antidumping Duty and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Forest Service Lightweight Thermal Paper From China And Germany, NOTICES 36557–36558 Meetings: Investigations; Terminations, Modifications and Rulings, Cherokee Resource Advisory Committee, 36457 etc.: Certain Sulfentrazone, Sulfentrazone Compositions, and General Services Administration Processes for Making Sulfentrazone, 36559 NOTICES Meetings: Justice Department Commission to Eliminate Child Abuse and Neglect NOTICES Fatalities, 36513–36514 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36559–36560 Health and Human Services Department See Agency for Healthcare Research and Quality Labor Department See Centers for Medicare & Medicaid Services See Mine Safety and Health Administration See Community Living Administration See Wage and Hour Division See Food and Drug Administration See Health Resources and Services Administration Land Management Bureau See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Environmental Impact Statements; Availability, etc.: Administration Proposed Coeur Rochester Mine Plan of Operations RULES Amendment 10, Pershing County, NV, 36554–36555 General Administrative Requirements; CFR Correction, Meetings: 36432 Grand Staircase–Escalante National Monument Advisory Patient Protection and Affordable Care Act: Committee, 36555–36556 Notice of Benefit and Payment Parameters for 2015; Utah Resource Advisory Council/Recreation Resource Correcting Amendment, 36431–36432 Advisory Council, 36555

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Mine Safety and Health Administration Reclamation Bureau NOTICES NOTICES Affirmative Decisions on Petitions for Modification Granted Environmental Impact Statements; Availability, etc.: in Whole or in Part, 36560–36561 Northwest Area Water Supply Project, Burke, Bottineau, Petitions for Modification of Application of Existing Divide, McHenry, et al., and Williams counties ND, Mandatory Safety Standards, 36561–36563 36556–36557

National Institute of Standards and Technology Rural Business–Cooperative Service NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Visiting Committee on Advanced Technology, 36471– Submissions, and Approvals, 36457–36458 36472 Rural Housing Service National Institutes of Health NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 36457–36458 Center for Scientific Review, 36541–36542 National Cancer Institute, 36540–36541 Rural Utilities Service National Institute of Environmental Health Sciences, NOTICES 36540 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36457–36458 National Oceanic and Atmospheric Administration Buy American Waivers: RULES Eligible Countries, 36458 Fisheries of the Exclusive Economic Zone Off Alaska: Securities and Exchange Commission Yellowfin Sole for the Bering Sea and Aleutian Islands Trawl Limited Access Sector in the Bering Sea and PROPOSED RULES Freedom of Information Act Regulations: Aleutian Islands Management Area, 36436–36437 Fee Schedule, Addition of Appeal Time Frame, and Fisheries of the Northeastern United States: Miscellaneous Administrative Changes, 36443–36445 Northeast Multispecies Fishery; Unused Catch Carryover; NOTICES Emergency Action, 36433–36436 Applications: Taking of Marine Mammals Incidental to Commercial College Retirement Equities Fund, et al., 36567–36568 Fishing Operations: Resource Real Estate Diversified Income Fund and Atlantic Large Whale Take Reduction Plan Regulations, Resource Real Estate, Inc., 36564–36566 36586–36621 Meetings; Sunshine Act, 36569 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: NASDAQ OMX PHLX LLC, 36569 Caribbean Fishery Management Council; Public Hearing, Trading Suspension Orders: 36472–36473 Medient Studios, Inc., TISO, 36569–36570 Pacific Fishery Management Council, 36473 Small Business Administration National Telecommunications and Information NOTICES Administration Conflict of Interest Exemptions: Harbert Mezzanine Partners II SBIC, L.P., 36570 NOTICES River Cities Financial Institutions Fund, L.P., 36570– Meetings: 36571 Multistakeholder Process to Develop Consumer Data RLJ Credit Opportunity Fund I, L.P., 36570 Privacy Code of Conduct Concerning Facial Disaster Declarations: Recognition Technology, 36474 Michigan, 36571 New York, 36571 Patent and Trademark Office NOTICES State Department Trial Proceedings: RULES Patent Trial and Appeal Board, 36474–36477 International Traffic in Arms Regulations: Export Control Reform; Correction, 36393–36399 Pension Benefit Guaranty Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36571–36572 Submissions, and Approvals: Nations with Programs to Reduce Incidental Capture of Sea Generic Clearance for the Collection of Qualitative Turtles in Shrimp Fisheries:, 36572–36573 Feedback on Agency Service Delivery, 36563–36564 Substance Abuse and Mental Health Services Presidential Documents Administration ADMINISTRATIVE ORDERS Government Agencies and Employees: NOTICES Workplace Flexibilities and Work–Life Programs; Grant Awards: Enhancement Efforts (Memorandum of June 23, Education Development Center, Inc., Waltham, MA, 2014), 36623–36628 36542–36543

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Link2Health Solutions, Inc., 36542 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Surface Transportation Board Petition to Classify Orphan as an Immediate Relative, NOTICES 36544 Lease and Operation Exemptions: Piedmont & Atlantic Railroad Co., Inc., dba Yadkin Veterans Affairs Department Valley Railroad Co. from Norfolk Southern Railway Co., 36581–36582 NOTICES Temporary Trackage Rights Exemptions: Agency Information Collection Activities; Proposals, Indiana Southern Railroad, LLC–Norfolk Southern Submissions, and Approvals: Railway Company, 36582 Application for Disability Compensation and Related Compensation Benefits, 36584 Susquehanna River Basin Commission Veterans Health Benefits Handbook Satisfaction Survey, NOTICES 36583–36584 Meetings, 36573–36574 Wage and Hour Division Transportation Department PROPOSED RULES See Federal Aviation Administration Family and Medical Leave Act, 36445–36455 See Federal Motor Carrier Safety Administration See Surface Transportation Board See Transportation Security Administration Separate Parts In This Issue Transportation Security Administration RULES Part II Adjustment of Passenger Civil Aviation Security Service Commerce Department, National Oceanic and Atmospheric Fee: Administration, 36586–36621 Corrections, 36432–36433 Treasury Department Part III See Comptroller of the Currency Presidential Documents, 36623–36628 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36582–36583 Reader Aids State Small Business Credit Initiative Policy Guidelines and National Standards, 36583 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, U.S. Citizenship and Immigration Services and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Agency Information Collection Activities; Proposals, LISTSERV electronic mailing list, go to http:// Submissions, and Approvals: listserv.access.gpo.gov and select Online mailing list Application for Provisional Unlawful Presence Waiver of archives, FEDREGTOC-L, Join or leave the list (or change Inadmissibility, 36543 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Memorandums: Memorandum of June 23, 2014 ...... 36625 5 CFR Proposed Rules: 1653...... 36438 7 CFR 210...... 36387 245...... 36387 12 CFR 5 (2 documents) ...... 36387 23...... 36387 37...... 36387 14 CFR 39...... 36387 95...... 36389 Proposed Rules: 39 (2 documents) ...... 36440, 36442 17 CFR Proposed Rules: 200...... 36443 22 CFR 121...... 36393 123...... 36393 126...... 36393 29 CFR Proposed Rules: 825...... 36445 33 CFR 100...... 36399 117 (2 documents) ...... 36400 140...... 36401 146...... 36401 165 (6 documents) ...... 36405, 36409, 36412, 36414, 36416 40 CFR 52...... 36419 141...... 36428 300...... 36429 45 CFR 153...... 36431 160...... 36432 49 CFR 1510...... 36432 50 CFR 229...... 36586 648...... 36433 679...... 36436

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Rules and Regulations Federal Register Vol. 79, No. 124

Friday, June 27, 2014

This section of the FEDERAL REGISTER This document announces approval of sentence and add it to the end of the contains regulatory documents having general the ICR. first sentence. Also, on the same page, applicability and legal effect, most of which in the same section, remove the are keyed to and codified in the Code of Dated: June 19, 2014. Audrey Rowe, quotation mark and the word ‘‘before’’ Federal Regulations, which is published under from the third sentence. 50 titles pursuant to 44 U.S.C. 1510. Administrator, Food and Nutrition Service. [FR Doc. 2014–15111 Filed 6–26–14; 8:45 am] [FR Doc. 2014–15092 Filed 6–26–14; 8:45 am] The Code of Federal Regulations is sold by BILLING CODE 1505–01–P the Superintendent of Documents. Prices of BILLING CODE 3410–30–P new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Comptroller of the Currency DEPARTMENT OF AGRICULTURE Comptroller of the Currency 12 CFR Part 37 Food and Nutrition Service 12 CFR Part 5 Debt Cancellation Contracts and Debt 7 CFR Parts 210 and 245 Rules, Policies, and Procedures for Suspension Agreements Corporate Activities RIN 0584–AE17 CFR Correction CFR Correction National School Lunch Program: ■ ■ In Title 12 of the Code of Federal Independent Review of Applications In Title 12 of the Code of Federal Regulations, parts 1 to 199, revised as of Required by the Healthy, Hunger-Free Regulations, Parts 1 to 199, revised as of January 1, 2014, on page 617, in § 37.7, Kids Act of 2010; Approval of January 1, 2014, on page 293, in § 5.20, in paragraph (a), in the first sentence, Information Collection Request the first sentence of paragraph (i)(5)(ii) ‘‘§ 37.6(d)’’ is corrected to read is moved to the end of paragraph ‘‘§ 37.6(b)’’ and in the last sentence AGENCY: Food and Nutrition Service, (i)(5)(i). ‘‘§ 37.6(b)’’ is corrected to read USDA. [FR Doc. 2014–15105 Filed 6–26–14; 8:45 am] ‘‘§ 37.6(d)’’. ACTION: BILLING CODE 1505–01–D Final rule; Notice of approval of [FR Doc. 2014–15113 Filed 6–26–14; 8:45 am] Information Collection Request (ICR). BILLING CODE 1505–01–D SUMMARY: In accordance with the DEPARTMENT OF THE TREASURY Paperwork Reduction Act of 1995 (PRA), the Food and Nutrition Service Comptroller of the Currency DEPARTMENT OF TRANSPORTATION (FNS) is announcing the Office of Management and Budget’s (OMB) 12 CFR Part 5 Federal Aviation Administration approval of information collection requirements contained in a final rule Rules, Policies, and Procedures for 14 CFR Part 39 published in the Federal Register. Corporate Activities [Docket No. FAA–2014–0281; Directorate DATES: The ICR associated with the CFR Correction Identifier 2014–NE–05–AD; Amendment 39– National School Lunch Program: 17878; AD 2014–13–03] ■ In Title 12 of the Code of Federal Independent Review of Applications RIN 2120–AA64 Required by the Healthy, Hunger-Free Regulations, parts 1 to 199, revised as of Kids Act of 2010 rule published in the January 1, 2014, on page 310, in § 5.34, Airworthiness Directives; Rolls-Royce Federal Register on February 6, 2014 the word ‘‘and’’ is added to the end of plc Turbofan Engines (79 FR 7049), and effective March 10, paragraph (e)(5)(vi)(C). AGENCY: Federal Aviation 2014, was approved by OMB on March [FR Doc. 2014–15108 Filed 6–26–14; 8:45 am] Administration (FAA), DOT. 12, 2014. BILLING CODE 1505–01–D ACTION: Final rule; request for FOR FURTHER INFORMATION CONTACT: comments. Lynn Rodgers-Kuperman, Chief, DEPARTMENT OF THE TREASURY Program Monitoring Branch, Child SUMMARY: We are adopting a new Nutrition Programs, Food and Nutrition Comptroller of the Currency airworthiness directive (AD) for all Service at (703) 305–2590. Rolls-Royce plc (RR) RB211 Trent 553– SUPPLEMENTARY INFORMATION: The rule 12 CFR Part 23 61, 553A2–61, 556–61, 556A2–61, titled National School Lunch Program: 556B–61, 556B2–61, 560–61, and Independent Review of Applications Leasing 560A2–61 turbofan engines. We are Required by the Healthy, Hunger-Free issuing this AD to address, through an CFR Correction Kids Act of 2010 was published on update to the electronic engine control February 6, 2014. OMB cleared the ■ In Title 12 of the Code of Federal (EEC) software, multiple risks of associated ICR on March 12, 2014 under Regulations, parts 1 to 199, revised as of uncontained engine failure and damage 0584–0573. The ICR approved under January 1, 2014, on page 466, in § 23.6, to the airplane. 0584–0573 has been transferred to remove the phrase ‘‘and Regulation W, DATES: This AD becomes effective July 0584–0026. 12 CFR part 223’’ from the third 14, 2014.

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We must receive comments on this listed under the ADDRESSES section. Community, EASA has notified us of AD by August 11, 2014. Include ‘‘Docket No. FAA–2014–0281; the unsafe condition described in the ADDRESSES: You may send comments by Directorate Identifier 2014–NE–05–AD’’ MCAI and service information any of the following methods: at the beginning of your comments. We referenced above. We are proposing this • Federal eRulemaking Portal: Go to specifically invite comments on the AD because we evaluated all http://www.regulations.gov and follow overall regulatory, economic, information provided by EASA and the instructions for sending your environmental, and energy aspects of determined the unsafe condition exists comments electronically. this AD. We will consider all comments and is likely to exist or develop on other • Mail: U.S. Department of received by the closing date and may products of the same type design. This Transportation, 1200 New Jersey amend this AD because of those AD requires removal of EEC software, Avenue SE., West Building Ground comments. Version L5.6.1 or earlier, and Floor, Room W12–140, Washington, DC We will post all comments we installation of a software version eligible 20590–0001. receive, without change, to http:// for installation. • Hand Delivery: Deliver to Mail www.regulations.gov, including any personal information you provide. We FAA’s Determination of the Effective address above between 9 a.m. and 5 Date p.m., Monday through Friday, except will also post a report summarizing each Federal holidays. substantive verbal contact with FAA No domestic operators use this • Fax: 202–493–2251. personnel concerning this AD. product. Therefore, we find that notice and opportunity for prior public For service information identified in Discussion this AD, contact Rolls-Royce plc, comment are unnecessary and that good Corporate Communications, P.O. Box The European Aviation Safety Agency cause exists for making this amendment 31, Derby, England, DE248BJ; phone: (EASA), which is the Technical Agent effective in less than 30 days. for the Member States of the European 011–44–1332–242424; fax: 011–44– Costs of Compliance 1332–249936; email: http://www.rolls- Community, has issued EASA AD 2014– royce.com/contact/civil_team.jsp; 0086, dated April 11, 2014 (referred to We estimate that this AD affects no Internet: https://www.aeromanager.com. hereinafter as ‘‘the MCAI’’), to correct an engines installed on airplanes of U.S. You may view this service information unsafe condition for the specified registry. We also estimate that it will at the FAA, Engine & Propeller products. The MCAI states: take about 1 hour per engine to comply with this AD. The average labor rate is Directorate, 12 New England Executive Investigation carried out by RR has Park, Burlington, MA. For information identified the risk of fan flutter during $85 per hour. Required parts cost is on the availability of this material at the ground maintenance running, which about $0 per engine. Based on these FAA, call 781–238–7125. indicated the need to introduce a fan flutter figures, we estimate the cost of this AD Keep Out Zone (KOZ). In addition, following on U.S. operators to be $0. Examining the AD Docket Intermediate Pressure (IP) turbine overspeed events experienced on other Trent series Authority for This Rulemaking You may examine the AD docket on engines, the need to introduce a protection Title 49 of the United States Code the Internet at http:// against IP shaft failures in the event of an specifies the FAA’s authority to issue www.regulations.gov by searching for internal engine fire was identified. rules on aviation safety. Subtitle I, and locating Docket No. FAA–2014– Fan flutter may result in multiple fan blade section 106, describes the authority of 0281; or in person at the Docket failures and consequent release of the FAA Administrator. ‘‘Subtitle VII: Operations office between 9 a.m. and 5 uncontained high energy debris. An Aviation Programs,’’ describes in more p.m., Monday through Friday, except unprotected IP shaft failure may result in IP detail the scope of the Agency’s Federal holidays. The AD docket turbine overspeed, IP turbine burst and, authority. contains this AD, the mandatory ultimately, release of uncontained high energy debris. These conditions, if not We are issuing this rulemaking under continuing airworthiness information corrected, could result in damage to, and the authority described in ‘‘Subtitle VII, (MCAI), the regulatory evaluation, any reduced control of, the aeroplane. Part A, Subpart III, Section 44701: comments received, and other General requirements.’’ Under that information. The address for the Docket You may obtain further information by examining the MCAI in the AD section, Congress charges the FAA with Office (phone: 800–647–5527) is in promoting safe flight of civil aircraft in ADDRESSES section. Comments will be docket on the Internet at http:// www.regulations.gov by searching for air commerce by prescribing regulations available in the AD docket shortly after for practices, methods, and procedures receipt. and locating Docket No. FAA–2014– 0281. the Administrator finds necessary for FOR FURTHER INFORMATION CONTACT: safety in air commerce. This regulation Mark Riley, Aerospace Engineer, Engine Relevant Service Information is within the scope of that authority Certification Office, FAA, Engine & RR has issued Alert Service Bulletin because it addresses an unsafe condition Propeller Directorate, 12 New England (ASB) No. RB.211–73–AH531, Revision that is likely to exist or develop on Executive Park, Burlington, MA 01803; 1, dated March 7, 2014. The ASB products identified in this rulemaking phone: (781) 238–7758; fax: (781) 238– describes procedures for modifying action. 7199; email: [email protected]. affected RB211 Trent 500 turbofan Regulatory Findings SUPPLEMENTARY INFORMATION: engines by installing new EEC software Version L6.1.2. We determined that this AD will not Comments Invited have federalism implications under This AD is a final rule that involves FAA’s Determination and Requirements Executive Order 13132. This AD will requirements affecting flight safety, and of This AD not have a substantial direct effect on we did not precede it by notice and This product has been approved by the States, on the relationship between opportunity for public comment. We the aviation authority of the United the national government and the States, invite you to send any written relevant Kingdom, and is approved for operation or on the distribution of power and data, views, or arguments about this AD. in the United States. Pursuant to our responsibilities among the various Send your comments to an address bilateral agreement with the European levels of government.

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For the reasons discussed above, I whichever occurs first, modify the engine by DEPARTMENT OF TRANSPORTATION certify this AD: removing EEC software, Version L5.6.1 or (1) Is not a ‘‘significant regulatory earlier. Federal Aviation Administration action’’ under Executive Order 12866, (2) Install EEC software eligible for (2) Is not a ‘‘significant rule’’ under installation. 14 CFR Part 95 the DOT Regulatory Policies and (f) Installation Prohibition [Docket No. 30967; Amdt. No. 514] Procedures (44 FR 11034, February 26, After modification of an engine as required 1979), IFR Altitudes; Miscellaneous by paragraph (e) of this AD, do not install any (3) Will not affect intrastate aviation Amendments in Alaska to the extent that it justifies EEC with a software Version L5.6.1 or earlier making a regulatory distinction, and into any engine. AGENCY: Federal Aviation (4) Will not have a significant (g) Alternative Methods of Compliance Administration (FAA), DOT. economic impact, positive or negative, (AMOCs) ACTION: Final rule. on a substantial number of small entities The Manager, Engine Certification Office, SUMMARY: This amendment adopts under the criteria of the Regulatory FAA, may approve AMOCs to this AD. Use miscellaneous amendments to the Flexibility Act. the procedures found in 14 CFR 39.19 to required IFR (instrument flight rules) make your request. List of Subjects in 14 CFR Part 39 altitudes and changeover points for Air transportation, Aircraft, Aviation (h) Related Information certain Federal airways, jet routes, or safety, Incorporation by reference, (1) For more information about this AD, direct routes for which a minimum or Safety. contact Mark Riley, Aerospace Engineer, maximum en route authorized IFR altitude is prescribed. This regulatory Adoption of the Amendment Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England action is needed because of changes Accordingly, under the authority Executive Park, Burlington, MA 01803; occurring in the National Airspace delegated to me by the Administrator, phone: (781) 238–7758; fax: (781) 238–7199; System. These changes are designed to the FAA amends 14 CFR part 39 as email: [email protected]. provide for the safe and efficient use of follows: (2) Refer to MCAI European Aviation the navigable airspace under instrument Safety Agency AD 2014–0086, dated April conditions in the affected areas. PART 39—AIRWORTHINESS 11, 2014, for more information. You may DATES: Effective Date: 0901 UTC, July DIRECTIVES examine the MCAI in the AD docket on the 24, 2014. Internet at http://www.regulations.gov by ■ FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 39 searching for and locating it in Docket No. continues to read as follows: Harry Hodges, Flight Procedure FAA–2014–0281. Standards Branch (AMCAFS–420), Authority: 49 U.S.C. 106(g), 40113, 44701. (3) RR Alert Service Bulletin No. RB.211– Flight Technologies and Programs 73–AH531, Revision 1, dated March 7, 2014, § 39.13 [Amended] Division, Flight Standards Service, which is not incorporated by reference in this Federal Aviation Administration, Mike ■ 2. The FAA amends § 39.13 by adding AD, can be obtained from RR using the Monroney Aeronautical Center, 6500 the following new airworthiness contact information in paragraph (h)(4) of South MacArthur Blvd., Oklahoma City, directive (AD): this AD. OK 73169 (Mail Address: P.O. Box 2014–13–03 Rolls-Royce plc: Amendment (4) Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, 25082, Oklahoma City, OK 73125), 39–17878; Docket No. FAA–2014–0281; telephone: (405) 954–4164. Directorate Identifier 2014–NE–05–AD. England, DE248BJ; phone: 011–44–1332– 242424; fax: 011–44–1332–249936; email: SUPPLEMENTARY INFORMATION: This (a) Effective Date http://www.rolls-royce.com/contact/civil_ amendment to part 95 of the Federal This AD is effective July 14, 2014. team.jsp; Internet: https:// Aviation Regulations (14 CFR part 95) (b) Affected ADs www.aeromanager.com. amends, suspends, or revokes IFR (5) You may view this service information altitudes governing the operation of all None. at the FAA, Engine & Propeller Directorate, aircraft in flight over a specified route (c) Applicability 12 New England Executive Park, Burlington, or any portion of that route, as well as This AD applies to all Rolls-Royce plc (RR) MA. For information on the availability of the changeover points (COPs) for RB211 Trent 553–61, 553A2–61, 556–61, this material at the FAA, call 781–238–7125. Federal airways, jet routes, or direct 556A2–61, 556B–61, 556B2–61, 560–61, and routes as prescribed in part 95. (i) Material Incorporated by Reference 560A2–61 turbofan engines. None. The Rule (d) Reason Issued in Burlington, Massachusetts, on The specified IFR altitudes, when This AD was prompted by the risk of fan used in conjunction with the prescribed flutter occurring during ground maintenance June 13, 2014. running, and the risk of intermediate- Ann C. Mollica, changeover points for those routes, pressure (IP) shaft failure which may result ensure navigation aid coverage that is Acting Assistant Directorate Manager, Engine adequate for safe flight operations and in IP turbine overspeed and disk burst. We & Propeller Directorate, Aircraft Certification free of frequency interference. The are issuing this AD to address, through an Service. update to the electronic engine control (EEC) reasons and circumstances that create software, multiple risks of uncontained [FR Doc. 2014–14807 Filed 6–26–14; 8:45 am] the need for this amendment involve engine failure and damage to the airplane. BILLING CODE 4910–13–P matters of flight safety and operational (e) Actions and Compliance efficiency in the National Airspace Comply with this AD within the System, are related to published compliance times specified, unless already aeronautical charts that are essential to done. the user, and provide for the safe and (1) After the effective date of this AD, efficient use of the navigable airspace. within 3 months or 200 flight cycles, In addition, those various reasons or

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circumstances require making this necessary to keep them operationally Issued in Washington, DC, on June 20, amendment effective before the next current. It, therefore—(1) is not a 2014. scheduled charting and publication date ‘‘significant regulatory action’’ under John Duncan, of the flight information to assure its Executive Order 12866; (2) is not a Director, Flight Standards Service. timely availability to the user. The ‘‘significant rule’’ under DOT Adoption of the Amendment effective date of this amendment reflects Regulatory Policies and Procedures (44 those considerations. In view of the FR 11034; February 26, 1979); and (3) Accordingly, pursuant to the close and immediate relationship does not warrant preparation of a authority delegated to me by the between these regulatory changes and regulatory evaluation as the anticipated Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is safety in air commerce, I find that notice impact is so minimal. For the same amended as follows effective at 0901 and public procedure before adopting reason, the FAA certifies that this UTC, July 24, 2014. this amendment are impracticable and amendment will not have a significant contrary to the public interest and that economic impact on a substantial good cause exists for making the PART 95—[AMENDED] number of small entities under the amendment effective in less than 30 ■ 1. The authority citation for part 95 days. criteria of the Regulatory Flexibility Act. continues to read as follows: List of Subjects in 14 CFR Part 95 Conclusion Authority: 49 U.S.C. 106(g), 40103, 40106, The FAA has determined that this Airspace, Navigation (air). 40113, 40114, 40120, 44502, 44514, 44719, regulation only involves an established 44721. body of technical regulations for which ■ 2. Part 95 is amended to read as frequent and routine amendments are follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT [Amendment 514 effective date July 24, 2014]

From To MEA MAA

§ 95.3000 Low Altitude RNAV Routes § 95.3252 RNAV Route T252 is Amended to Read in Part

KOTZEBUE, AK VOR/DME ...... PERCI, AK WP ...... 17500 NE BND ...... 3500 ...... SW BND ...... 3000 ......

§ 95.3265 RNAV Route T265 is Amended by Adding

AHMED, IL FIX ...... START, IL FIX ...... *4000 8000 *2500—MOCA START, IL FIX ...... BULLZ, IL FIX ...... *4000 8000 *2500—MOCA

§ 95.3265 RNAV Route T265 is Amended to Delete

KELSI, IL FIX ...... BULLZ, IL FIX ...... *4000 8000 *2300—MOCA

§ 95.4000 High Altitude RNAV Routes

§ 95.4019 RNAV Route Q19 is Amended by Adding

PLESS, IL FIX ...... ST LOUIS, MO VORTAC ...... *18000 45000 *18000—GNSS MEA *DME/DME/IRU MEA ST LOUIS, MO VORTAC ...... DES MOINES, IA VORTAC ...... *18000 45000 *18000—GNSS MEA *DME/DME/IRU MEA DES MOINES, IA VORTAC ...... SIOUX FALLS, SD VORTAC ...... *18000 45000 *18000—GNSS MEA *DME/DME/IRU MEA SIOUX FALLS, SD VORTAC ...... ABERDEEN, SD VOR/DME ...... *18000 45000 *18000—GNSS MEA *DME/DME/IRU MEA

§ 95.4019 RNAV Route Q19 is Amended to Read in Part

NASHVILLE, TN VORTAC ...... PLESS, IL FIX ...... *18000 45000 *18000—GNSS MEA *DME/DME/IRU MEA

§ 95.4020 RNAV Route Q20 is Amended to Read in Part

UNNOS, NM WP ...... FUSCO, TX FIX ...... *24000 45000 *18000—GNSS MEA *DME/DME/IRU MEA

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 514 effective date July 24, 2014]

From To MEA MAA

FUSCO, TX FIX ...... JUNCTION, TX VORTAC ...... *24000 45000 *18000—GNSS MEA *DME/DME/IRU MEA From To MEA

§ 95.6001 Victor Routes–U.S.

§ 95.6014 VOR Federal Airway V14 is Amended to Read in Part

SPRINGFIELD, MO VORTAC ...... VICHY, MO VOR/DME ...... 3100

§ 95.6035 VOR Federal Airway V35 is Amended to Delete

MORGANTOWN, WV VORTAC ...... INDIAN HEAD, PA VORTAC ...... *5000 *4400—MOCA INDIAN HEAD, PA VORTAC ...... JOHNSTOWN, PA VORTAC ...... *5000 *4500—MOCA JOHNSTOWN, PA VORTAC ...... TYRONE, PA VORTAC ...... 4500 TYRONE, PA VORTAC ...... PHILIPSBURG, PA VORTAC ...... 4500

§ 95.6088 VOR Federal Airway V88 is Amended to Read in Part

SPRINGFIELD, MO VORTAC ...... VICHY, MO VOR/DME ...... 3100

§ 95.6132 VOR Federal Airway V132 is Amended to Read in Part

SPRINGFIELD, MO VORTAC ...... FORNEY, MO VOR ...... 3100

§ 95.6139 VOR Federal Airway V139 is Amended to Read in Part

CAPE CHARLES, VA VORTAC ...... *DUNFE, VA FIX ...... NE BND ...... **4000 SSW BND ...... **2000 *7000—MRA **1600—MOCA *DUNFE, VA FIX ...... SNOW HILL, MD VORTAC ...... **4000 *7000—MRA **1600—MOCA

§ 95.6170 VOR Federal Airway V170 is Amended to Read in Part

DUPONT, DE VORTAC ...... ODESA, MD FIX ...... #*2000 *2000—GNSS MEA #DUPONT R–233 UNUSABLE BEYOND 22 NM. ODESA, MD FIX ...... SWANN, MD FIX ...... #*2500 *1500—MOCA *2000—GNSS MEA #UNUSABLE SWANN, MD FIX ...... PALEO, MD FIX ...... #*2500 *1700—MOCA #UNUSABLE

§ 95.6214 VOR Federal Airway V214 is Amended to Read in Part

SWANN, MD FIX ...... ODESA, MD FIX ...... #*2500 *1500—MOCA *2000—GNSS MEA #UNUSABLE ODESA, MD FIX ...... DUPONT, DE VORTAC ...... #*2000 *2000—GNSS MEA #DUPONT R–233 UNUSABLE BEYOND 22NM

§ 95.6276 VOR Federal Airway V276 is Amended to Delete

ERIE, PA VORTAC ...... FRANKLIN, PA VOR ...... 3600 FRANKLIN, PA VOR ...... CLARION, PA VOR/DME ...... *3700 *3200—MOCA CLARION, PA VOR/DME ...... TYRONE, PA VORTAC ...... 4600 TYRONE, PA VORTAC ...... RASHE, PA FIX ...... 4500

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From To MEA

§ 95.6433 VOR Federal Airway V433 is Amended to Read in Part

NOTTINGHAM, MD VORTAC ...... SWANN, MD FIX ...... #*2500 *1700—MOCA #UNUSABLE SWANN, MD FIX ...... ODESA, MD FIX ...... #*2500 *1500—MOCA *2000—GNSS MEA #UNUSABLE ODESA, MD FIX ...... DUPONT, DE VORTAC ...... #*2000 *2000—GNSS MEA #DUPONT R–233 UNUSABLE BEYOND 22NM

§ 95.6445 VOR Federal Airway V445 is Amended to Read in Part

SWANN, MD FIX ...... ODESA, MD FIX ...... #*2500 *1500—MOCA *2000—GNSS MEA #UNUSABLE ODESA, MD FIX ...... DUPONT, DE VORTAC ...... #*2000 *2000—GNSS MEA #DUPONT R–233 UNUSABLE BEYOND 22NM From To MEA MAA

§ 95.7001 Jet Routes

§ 95.7042 Jet Route J42 is Amended to Read in Part

TONIO, KY FIX ...... BECKLEY, WV VORTAC ...... 18000 35000

§ 95.7045 Jet Route J45 is Amended to Read in Part

ST LOUIS, MO VORTAC ...... KIRKSVILLE, MO VORTAC ...... 18000 45000 KIRKSVILLE, MO VORTAC ...... DES MOINES, IA VORTAC ...... 18000 45000 #DES MOINES R–141 UNUSABLE, USE KIRK- VILLE R–323

§ 95.7051 Jet Route J51 is Amended to Read in Part

NOTTINGHAM, MD VORTAC ...... PALEO, MD FIX ...... 18000 29000 #UNUSABLE PALEO, MD FIX ...... DUPONT, DE VORTAC ...... 18000 29000 #UNUSABLE

§ 95.7151 Jet Route J151 is Amended to Read in Part

ST LOUIS, MO VORTAC ...... KIRKSVILLE, MO VORTAC ...... 18000 45000 KIRKSVILLE, MO VORTAC ...... OMAHA, IA VORTAC ...... 18000 45000 OMAHA, IA VORTAC ...... O’NEILL, NE VORTAC ...... 18000 45000

§ 95.7233 Jet Route J233 is Amended to Read in Part

ST LOUIS, MO VORTAC ...... KIRKSVILLE, MO VORTAC ...... 18000 45000 KIRKSVILLE, MO VORTAC ...... WATERLOO, IA VORTAC ...... 18000 45000 Airway segment Changeover points From To Distance From

§ 95.8005 Jet Routes Changeover Points

J233 is Amended to Add Changeover Point

KIRKSVILLE, MO VORTAC ...... WATERLOO, IA VORTAC ...... 78 KIRKSVILLE

J233 is Amended to Delete Changeover Point

WATERLOO, IA VORTAC ...... ST LOUIS, MO VORTAC ...... 55 WATERLOO

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[FR Doc. 2014–15196 Filed 6–26–14; 8:45 am] pertaining to cluster munitions 142173–26–0)’’ is removed and ‘‘(3,3- BILLING CODE 4910–13–P (previously, Note 16) because its bis(chloromethyl)oxetane) (CAS 78–71– presence created unnecessary confusion 7) is added in its place. In the third with respect to U.S. policy on cluster column, in Category IX, paragraph DEPARTMENT OF STATE munitions. (a)(2), a comma is placed after Pursuant to ECR, the Department of ‘‘subchapter,’’ and ‘‘that reveal technical 22 CFR Parts 121, 123, and 126 Commerce has been publishing data or contain parts, components, revisions to the Export Administration RIN 1400–AD46 accessories, or attachments controlled in Regulations, including various revisions this subchapter’’ is placed after the [Public Notice: 8784] to the Commerce Control List (CCL). comma. ‘‘Note to paragraph (a)(2)’’ is Revision of the USML and CCL are removed. Amendment to the International Traffic coordinated so there is uninterrupted ■ 6. On page 45, in the first column, in in Arms Regulations: Third Rule regulatory coverage for items moving Category IX, paragraph (a)(11)(iii), the Implementing Export Control Reform; from the jurisdiction of the Department second sentence is removed. The Correction of State to that of the Department of following text is added after paragraph Commerce. However, the Department of AGENCY: Department of State. (a)(11): ‘‘Note to paragraph (a)(11): Commerce’s companion to the rule ACTION: ‘‘Classified’’ means classified pursuant Final rule, correction. corrected in this notice (see ‘‘Control of to Executive Order 13526, or Military Training Equipment, Energetic SUMMARY: The Department of State is predecessor order, and a security Materials, Personal Protective correcting a final rule that appeared in classification guide developed pursuant Equipment, Shelters, Articles Related to the Federal Register of January 2, 2014 thereto or equivalent, or to the Launch Vehicles, Missiles, Rockets, (79 FR 34). The final rule amended the corresponding classification rules of Military Explosives, and Related Items,’’ International Traffic in Arms another government or international 79 FR 264) is not being corrected in this Regulations (ITAR) as part of the organization.’’ In the third column, in edition of the Federal Register. President’s Export Control Reform (ECR) Category X, paragraph (d)(2), the effort. The following corrections are made to the rule, ‘‘Amendment to the quotation marks are removed from DATES: This rule is effective July 1, International Traffic in Arms ‘‘specially designed.’’ 2014. Regulations: Third Rule Implementing PART 123 [CORRECTED] FOR FURTHER INFORMATION CONTACT: Mr. Export Control Reform,’’ FR Doc. 2013– C. Edward Peartree, Director, Office of 31323, published on January 2, 2014 (79 § 123.20 [Corrected] Defense Trade Controls Policy, FR 34): ■ Department of State, telephone (202) 7. On page 47, in the first column, in 663–2792; email DDTCResponseTeam@ PART 121 [CORRECTED] paragraph (a), ‘‘none of which are subject to the provisions of this state.gov. ATTN: Regulatory Change, § 121.1 [Corrected] Corrections to Third ECR Final Rule. subchapter’’ is removed and ‘‘which are ■ 1. On page 40, in the first column, in not subject to this subchapter’’ is added SUPPLEMENTARY INFORMATION: The Category IV, paragraph (b)(1), ‘‘(e.g., in its place. Department provides the following launch tables, TOW missile, corrections to the rule, ‘‘Amendment to MANPADS)’’ is removed. PART 126 [CORRECTED] the International Traffic in Arms ■ 2. On page 41, in the third column, in Regulations: Third Rule Implementing ■ 8. On page 47, in the second column, Export Control Reform,’’ published on Category V, paragraph (a)(6), ‘‘(CAS 145250–81–3)’’ is placed after the close- before the signature, add the following January 2, 2014, and effective on July 1, amendments: 2014 (79 FR 34). As part of the parenthesis. President’s Export Control Reform (ECR) ■ 3. On page 42, in the second column, PART 126—GENERAL POLICIES AND effort, the Department of State is in Category V, paragraph (a)(37), ‘‘70 PROVISIONS ° amending the International Traffic in and degrees C’’ is removed and ‘‘343 K ° ° Arms Regulations (ITAR) to revise five (70 C) and 373 K (100 C)’’ is added in ■ 12. The authority citation for part 126 more U.S. Munitions List (USML) its place. continues to read as follows: categories and provide other changes. ■ 4. On page 43, in the first column, in Authority: Secs. 2, 38, 40, 42, and 71, Pub. The changes in this rule are meant to Category V, paragraph (e)(2), ‘‘BAMO L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, clarify the regulation by revising certain (bis(azidomethyl)’’ is removed and 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 text and providing conforming updates ‘‘BAMO-3-3-(bis(azidomethyl)’’ is added U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, to Supplement No. 1 to part 126, taking in its place. 1994 Comp., p. 899; Sec. 1225, Pub. L. 108– into account revisions made to the ■ 5. On page 44, in the first column, in 375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 266; Sections 7045 and 7046, Pub. L. 112–74; USML categories in the rule published Category V, paragraph (f)(19), ‘‘110445– E.O. 13637, 78 FR 16129. on January 2, 2014. Additionally, 33–5’’ is removed ‘‘68412–46–4’’ is supplement No. 1 to part 126 is added in its place. In paragraph (g)(1), ■ 13. Supplement No. 1 to part 126 is amended by removing the note ‘‘bischloromethyloxetane) (CAS revised to read as follows:

SUPPLEMENT NO. 1* [*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.]

(CA) (AS) (UK) USML Category Exclusion § 126.5 § 126.16 § 126.17

I–XXI ...... Classified defense articles and services. See Note 1 ...... X X X I–XXI ...... Defense articles listed in the Missile Technology Control Regime (MTCR) Annex X X X

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SUPPLEMENT NO. 1*—Continued [*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.]

(CA) (AS) (UK) USML Category Exclusion § 126.5 § 126.16 § 126.17

I–XXI ...... U.S. origin defense articles and services used for marketing purposes and not ...... X X previously licensed for export in accordance with this subchapter. I–XXI ...... Defense services for or technical data related to defense articles identified in this X ...... supplement as excluded from the Canadian exemption. I–XXI ...... Any transaction involving the export of defense articles and services for which X ...... congressional notification is required in accordance with § 123.15 and § 124.11 of this subchapter. I–XXI ...... U.S. origin defense articles and services specific to developmental systems that ...... X X have not obtained written Milestone B approval from the U.S. Department of Defense milestone approval authority, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of De- fense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. I–XXI ...... Nuclear weapons strategic delivery systems and all components, parts, acces- X ...... sories, and attachments specifically designed for such systems and associated equipment. I–XXI ...... Defense articles and services specific to the existence or method of compliance ...... X X with anti-tamper measures, where such measures are readily identifiable, made at originating Government direction. I–XXI ...... Defense articles and services specific to reduced observables or counter low ...... X X observables in any part of the spectrum. See Note 2. I–XXI ...... Defense articles and services specific to sensor fusion beyond that required for ...... X X display or identification correlation. See Note 3. I–XXI ...... Defense articles and services specific to the automatic target acquisition or rec- ...... X X ognition and cueing of multiple autonomous unmanned systems. I–XXI ...... Nuclear power generating equipment or propulsion equipment (e.g., nuclear re- ...... X actors), specifically designed for military use and components therefor, specifically designed for military use. See also § 123.20 of this subchapter. I–XXI ...... Libraries (parametric technical databases) specially designed for military use ...... X with equipment controlled on the USML. See Note 13. I–XXI ...... Defense services or technical data specific to applied research as defined in X ...... § 125.4(c)(3) of this subchapter, design methodology as defined in § 125.4(c)(4) of this subchapter, engineering analysis as defined in § 125.4(c)(5) of this subchapter, or manufacturing know-how as defined in § 125.4(c)(6) of this subchapter. See Note 12. I–XXI ...... Defense services other than those required to prepare a quote or bid proposal in X ...... response to a written request from a department or agency of the United States Federal Government or from a Canadian Federal, Provincial, or Terri- torial Government; or defense services other than those required to produce, design, assemble, maintain or service a defense article for use by a registered U.S. company, or a U.S. Federal Government Program, or for end-use in a Canadian Federal, Provincial, or Territorial Government Program. See Note 14. I ...... Firearms, close assault weapons, and combat shotguns ...... X ...... II(k) ...... Software source code related to USML Category II(c), II(d), or II(i). See Note 4 ...... X X II(k) ...... Manufacturing know-how related to USML Category II(d). See Note 5 ...... X X X III ...... Ammunition for firearms, close assault weapons, and combat shotguns listed in X ...... USML Category I. III ...... Defense articles and services specific to ammunition and fuse setting devices for ...... X guns and armament controlled in USML Category II. III(e) ...... Manufacturing know-how related to USML Category III(d)(1) or III(d)(2) and their X X X specially designed components. See Note 5. III(e) ...... Software source code related to USML Category III(d)(1) or III(d)(2). See Note 4 ...... X X IV ...... Defense articles and services specific to man-portable air defense systems X X X (MANPADS). See Note 6. IV ...... Defense articles and services specific to rockets, designed or modified for non- ...... X military applications that do not have a range of 300 km (i.e., not controlled on the MTCR Annex). IV ...... Defense articles and services specific to torpedoes ...... X X IV ...... Defense articles and services specific to anti-personnel landmines. See Note 15 X X X IV ...... Defense articles and services specific to cluster munitions ...... X X X IV(i) ...... Software source code related to USML Category IV(a), IV(b), IV(c), or IV(g). See ...... X X Note 4. IV(i) ...... Manufacturing know-how related to USML Category IV(a), IV(b), IV(d), or IV(g) X X X and their specially designed components. See Note 5. V ...... The following energetic materials and related substances: ...... X a. TATB (triaminotrinitrobenzene) (CAS 3058–38–6); b. Explosives controlled in USML Category V(a)(32);

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c. Iron powder (CAS 7439–89–6) with particle size of 3 micrometers or less produced by reduction of iron oxide with hydrogen; d. BOBBA–8 (bis(2-methylaziridinyl)2-(2-hydroxypropanoxy) propylamino phosphine oxide), and other MAPO derivatives; e. N-methyl-p-nitroaniline (CAS 100–15–2); or f. Trinitrophenylmethylnitramine (tetryl) (CAS 479–45–8). V(a)(13) ...... ANF or ANAzF as described in USML Category V(a)(13)(iii) and (iv) ...... X V(a)(23) ...... Difluoraminated derivative of RDX as described in USML Category V(a)(23)(iii) ...... X V(c)(7) ...... Pyrotechnics and pyrophorics specifically formulated for military purposes to en- ...... X hance or control radiated energy in any part of the IR spectrum. V(d)(3) ...... Bis-2, 2-dinitropropylnitrate (BDNPN) ...... X V(i) ...... Developmental explosives, propellants, pyrotechnics, fuels, oxidizers, binders, ...... X X additives, or precursors therefor, funded by the Department of Defense via contract or other funding authorization in accordance with notes 1 to 3 for USML Category V(i). This exclusion does not apply if such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. VI ...... Defense articles specific to cryogenic equipment, and specially designed compo- ...... X nents or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). VI ...... Defense articles specific to superconductive electrical equipment (rotating ma- ...... X chinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. VI ...... Defense articles and services specific to naval technology and systems relating ...... X X to acoustic spectrum control and awareness. See Note 10. VI(a) ...... Nuclear powered vessels ...... X X X VI(e) ...... Defense articles and services specific to naval nuclear propulsion equipment. X X X See Note 7. VI(g) ...... Software source code related to USML Category VI(a) or VI(c). See Note 4 ...... X X VII ...... Defense articles specific to cryogenic equipment, and specially designed compo- ...... X nents or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). VII ...... Defense articles specific to superconductive electrical equipment (rotating ma- ...... X chinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. VIII ...... Defense articles specific to cryogenic equipment, and specially designed compo- ...... X nents and accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). VIII ...... Defense articles specific to superconductive electrical equipment (rotating ma- ...... X chinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. VIII(a) ...... All USML Category VIII(a) items ...... X ...... VIII(f) ...... Developmental aircraft parts, components, accessories, and attachments identi- X ...... fied in USML Category VIII(f).

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VIII(i) ...... Manufacturing know-how related to USML Category VIII(a) or VIII(e), and spe- X X X cially designed parts or components therefor. See Note 5. VIII(i) ...... Software source code related to USML Category VIII(a) or VIII(e). See Note 4 ...... X X IX ...... Training or simulation equipment for Man Portable Air Defense Systems ...... X X (MANPADS). See Note 6. IX(e) ...... Software source code related to USML Category IX(a) or IX(b). See Note 4 ...... X X IX(e) ...... Software that is both specifically designed or modified for military use and spe- ...... X cifically designed or modified for modeling or simulating military operational scenarios. X(e) ...... Manufacturing know-how related to USML Category X(a)(1) or X(a)(2), and spe- X X X cially designed components therefor. See Note 5. XI(a) ...... Defense articles and services specific to countermeasures and counter-counter- ...... X X measures See Note 9. XI(a) ...... High Frequency and Phased Array Microwave Radar systems, with capabilities ...... X ...... such as search, acquisition, tracking, moving target indication, and imaging radar systems. See Note 16. XI ...... Defense articles and services specific to naval technology and systems relating ...... X X to acoustic spectrum control and awareness. See Note 10. XI(b), XI(c), XI(d) ...... Defense articles and services specific to USML Category XI(b) (e.g., commu- ...... X X nications security (COMSEC) and TEMPEST). XI(d) ...... Software source code related to USML Category XI(a). See Note 4 ...... X X XI(d) ...... Manufacturing know-how related to USML Category XI(a)(3) or XI(a)(4), and X X X specially designed components therefor. See Note 5. XII ...... Defense articles and services specific to countermeasures and counter-counter- ...... X X measures. See Note 9. XII ...... Defense articles and services specific to USML Category XII(c) articles, except X ...... any 1st- and 2nd-generation image intensification tubes and 1st- and 2nd-generation image intensification night sighting equipment. End-items in USML Category XII(c) and related technical data limited to basic operations, maintenance, and training information as authorized under the exemption in § 125.4(b)(5) of this subchapter may be exported directly to a Canadian Gov- ernment entity (i.e., federal, provincial, territorial, or municipal) consistent with § 126.5, other exclusions, and the provisions of this subchapter. XII ...... Technical data or defense services for night vision equipment beyond basic op- X X X erations, maintenance, and training data. However, the AS and UK Treaty exemptions apply when such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. XII(f) ...... Manufacturing know-how related to USML Category XII(d) and specially de- X X X signed components therefor. See Note 5. XII(f) ...... Software source code related to USML Category XII(a), XII(b), XII(c), or XII(d)...... X X See Note 4. XIII(b) ...... Defense articles and services specific to USML Category XIII(b) (Military Infor- ...... X X mation Security Assurance Systems, cryptographic devices, software, and components). XIII(d) ...... Carbon/carbon billets and preforms which are reinforced in three or more dimen- ...... X sional planes, specifically designed, developed, modified, configured or adapted for defense articles. XIII(e) ...... Defense articles and services specific to armored plate manufactured to comply ...... X with a military standard or specification or suitable for military use. See Note 11. XIII(g) ...... Defense articles and services related to concealment and deception equipment ...... X and materials. XIII(h) ...... Energy conversion devices other than fuel cells ...... X XIII(j) ...... Defense articles and services related to hardware associated with the measure- ...... X X ment or modification of system signatures for detection of defense articles as described in Note 2. XIII(l) ...... Software source code related to USML Category XIII(a). See Note 4 ...... X X XIV ...... Defense articles and services related to toxicological agents, including chemical ...... X X agents, biological agents, and associated equipment. XIV(a), XIV(b), XIV(d), Chemical agents listed in USML Category XIV(a), (d) and (e), biological agents X ...... XIV(e), XIV(f). and biologically derived substances in USML Category XIV(b), and equipment listed in USML Category XIV(f) for dissemination of the chemical agents and biological agents listed in USML Category XIV(a), (b), (d), and (e). XV(a) ...... Defense articles and services specific to spacecraft/satellites. However, the Ca- X X X nadian exemption may be used for commercial communications satellites that have no other type of payload.

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XV(b) ...... Defense articles and services specific to ground control stations for spacecraft ...... X X telemetry, tracking, and control. Defense articles and services are not excluded under this entry if they do not control the spacecraft. Receivers for receiving satellite transmissions are also not excluded under this entry. XV(c) ...... Defense articles and services specific to GPS/PPS security modules ...... X X XV(c) ...... Defense articles controlled in USML Category XV(c) except end-items for end- X ...... use by the Federal Government of Canada exported directly or indirectly through a Canadian-registered person. XV(d) ...... Defense articles and services specific to radiation-hardened microelectronic cir- X X X cuits. XV(e) ...... Anti-jam systems with the ability to respond to incoming interference by adapt- X ...... ively reducing antenna gain (nulling) in the direction of the interference. XV(e) ...... Antennas having any of the following: ...... X a. Aperture (overall dimension of the radiating portions of the antenna) greater than 30 feet; b. All sidelobes less than or equal to ×35 dB relative to the peak of the main beam; or c. Designed, modified, or configured to provide coverage area on the surface of the earth less than 200 nautical miles in diameter, where ‘‘coverage area’’ is defined as that area on the surface of the earth that is illuminated by the main beam width of the antenna (which is the angular distance between half power points of the beam). XV(e) ...... Optical intersatellite data links (cross links) and optical ground satellite terminals X ...... XV(e) ...... Spaceborne regenerative baseband processing (direct up and down conversion X ...... to and from baseband) equipment. XV(e) ...... Propulsion systems which permit acceleration of the satellite on-orbit (i.e., after X ...... mission orbit injection) at rates greater than 0.1 g. XV(e) ...... Attitude control and determination systems designed to provide spacecraft point- X ...... ing determination and control or payload pointing system control better than 0.02 degrees per axis. XV(e) ...... All specifically designed or modified systems, components, parts, accessories, X ...... attachments, and associated equipment for all USML Category XV(a) items, except when specifically designed or modified for use in commercial communications satellites. XV(e) ...... Defense articles and services specific to spacecraft and ground control station ...... X X systems (only for telemetry, tracking and control as controlled in USML Cat- egory XV(b)), subsystems, components, parts, accessories, attachments, and associated equipment. XV(f) ...... Technical data and defense services directly related to the other defense articles X X X excluded from the exemptions for USML Category XV. XVI ...... Defense articles and services specific to design and testing of nuclear weapons X X X XVII ...... Classified articles, and technical data and defense services relating thereto, not X X X elsewhere enumerated. See Note 1. XVIII ...... Defense articles and services specific to directed energy weapon systems ...... X X XIX(e), XIX(f)(1), Defense articles and services specific to gas turbine engine hot section compo- ...... X X XIX(f)(2), XIX(g). nents and to Full Authority Digital Engine Control Systems (FADEC) or Digital Electronic Engine Controls (DEEC). See Note 8. XIX(g) ...... Technical data and defense services for gas turbine engine hot sections. (This X X X does not include hardware). See Note 8. XX ...... Defense articles and services related to submersible vessels, oceanographic, X X X and associated equipment. XX ...... Defense articles and services specific to naval technology and systems relating ...... X X to acoustic spectrum control and awareness. See Note 10. XX ...... Defense articles specific to cryogenic equipment, and specially designed compo- ...... X nents or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). XX ...... Defense articles specific to superconductive electrical equipment (rotating ma- ...... X chinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. XX(a) ...... Nuclear powered vessels ...... X X X

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XX(b) ...... Defense articles and services specific to naval nuclear propulsion equipment. X X X See Note 7. XX(c) ...... Defense articles and services specific to submarine combat control systems ...... X X XX(d) ...... Software source code related to USML Category XX(a). See Note 4 ...... X X XXI ...... Articles, and technical data and defense services relating thereto, not otherwise X X X enumerated on the USML, but placed in this category by the Director, Office of Defense Trade Controls Policy. Note 1: Classified defense articles and services are not eligible for export under the Canadian exemptions. U.S. origin articles, technical data, and services controlled in USML Category XVII are not eligible for export under the UK Treaty exemption. U.S. origin classified defense articles and services are not eligible for export under either the UK or AS Treaty exemptions except when being released pursuant to a U.S. Department of Defense written request, directive, or contract that provides for the export of the defense article or service. Note 2: The phrase ‘‘any part of the spectrum’’ includes radio frequency (RF), infrared (IR), electro-optical, visual, ultraviolet (UV), acoustic, and magnetic. Defense articles related to reduced observables or counter reduced observables are defined as: (a) Signature reduction (radio frequency (RF), infrared (IR), Electro-Optical, visual, ultraviolet (UV), acoustic, magnetic, RF emissions) of defense platforms, including systems, subsystems, components, materials (including dual-purpose materials used for Electromagnetic Interference (EM) reduction), technologies, and signature prediction, test and measurement equipment and software, and material transmissivity/reflectivity prediction codes and optimization software. (b) Electronically scanned array radar, high power radars, radar processing algorithms, periscope-mounted radar systems (PATRIOT), LADAR, multistatic and IR focal plane array-based sensors, to include systems, subsystems, components, materials, and technologies. Note 3: Defense Articles related to sensor fusion beyond that required for display or identification correlation is defined as techniques designed to automatically combine information from two or more sensors/sources for the purpose of target identification, tracking, designation, or passing of data in support of surveillance or weapons engagement. Sensor fusion involves sensors such as acoustic, infrared, electro optical, frequency, etc. Display or identification correlation refers to the combination of target detections from multiple sources for assignment of common target track designation. Note 4: Software source code beyond that source code required for basic operation, maintenance, and training for programs, systems, and/or subsystems is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Note 5: Manufacturing know-how, as defined in § 125.4(c)(6) of this subchapter, is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Note 6: Defense Articles specific to Man Portable Air Defense Systems (MANPADS) includes missiles that can be used without modification in other applications. It also includes production and test equipment and components specifically designed or modified for MANPAD systems, as well as training equipment specifically designed or modified for MANPAD systems. Note 7: Naval nuclear propulsion plants includes all of USML Category VI(e). Naval nuclear propulsion information consists of technical data that concern the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance, and repair of the propulsion plants of naval nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support facilities. Ex- amples of defense articles covered by this exclusion include nuclear propulsion plants and nuclear submarine technologies or systems; nuclear powered vessels (see USML Categories VI and XX). Note 8: A complete gas turbine engine with embedded hot section components or digital engine controls is eligible for export or transfer under the Treaties. Technical data, other than those data required for routine external maintenance and operation, related to the hot section is not eligible for export under the Canadian exemption. Technical data, other than those data required for routine external maintenance and operation, related to the hot section or digital engine controls, as well as individual hot section parts or components are not eligible for the Treaty exemption whether shipped separately or accompanying a complete engine. Gas turbine engine hot section exempted defense article components and technology are combustion chambers and liners; high pressure turbine blades, vanes, disks and related cooled structure; cooled low pressure turbine blades, vanes, disks and related cooled structure; cooled augmenters; and cooled nozzles. Examples of gas turbine engine hot section developmental technologies are Integrated High Performance Turbine Engine Technology (IHPTET), Versatile, Affordable Advanced Turbine En- gine (VAATE), and Ultra-Efficient Engine Technology (UEET), which are also excluded from export under the exemptions. Note 9: Examples of countermeasures and counter-countermeasures related to defense articles not exportable under the AS or UK Treaty exemptions are: (a) IR countermeasures; (b) Classified techniques and capabilities; (c) Exports for precision radio frequency location that directly or indirectly supports fire control and is used for situation awareness, target identification, target acquisition, and weapons targeting and Radio Direction Finding (RDF) capabilities. Precision RF location is defined as angle of arrival accuracy of less than five degrees (RMS) and RF emitter location of less than ten percent range error; (d) Providing the capability to reprogram; and (e) Acoustics (including underwater), active and passive countermeasures, and counter-countermeasures. Note 10: Examples of defense articles covered by this exclusion include underwater acoustic vector sensors; acoustic reduction; off-board, underwater, active and passive sensing, propeller/propulsor technologies; fixed mobile/floating/powered detection systems which include in-buoy signal processing for target detection and classification; autonomous underwater vehicles capable of long endurance in ocean environments (manned submarines excluded); automated control algorithms embedded in on-board autonomous platforms which enable (a) group behaviors for target detection and classification, (b) adaptation to the environment or tactical situation for enhancing target detection and classification; ‘‘in- telligent autonomy’’ algorithms that define the status, group (greater than 2) behaviors, and responses to detection stimuli by autonomous, underwater vehicles; and low frequency, broadband ‘‘acoustic color,’’ active acoustic ‘‘fingerprint’’ sensing for the purpose of long range, single pass identification of ocean bottom objects, buried or otherwise (controlled under Category USML XI(a)(1), (a)(2), (b), (c), and (d)). Note 11: This exclusion does not apply to the platforms (e.g., vehicles) for which the armored plates are applied. For exclusions related to the platforms, refer to the other exclusions in this list, particularly for the category in which the platform is controlled. The excluded defense articles include constructions of metallic or non-metallic materials or combinations thereof specially designed to provide protection for military systems. The phrase ‘‘suitable for military use’’ applies to any articles or materials which have been tested to level IIIA or above IAW NIJ standard 0108.01 or comparable national standard. This exclusion does not include military helmets, body armor, or other protective garments which may be exported IAW the terms of the AS or UK Treaty.

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Note 12: Defense services or technical data specific to applied research (§ 125.4(c)(3) of this subchapter), design methodology (§ 125.4(c)(4) of this subchapter), engineering analysis (§ 125.4(c)(5) of this subchapter), or manufacturing know-how (§ 125.4(c)(6) of this subchapter) are not eligible for export under the Canadian exemptions. However, this exclusion does not include defense services or technical data specific to build- to-print as defined in § 125.4(c)(1) of this subchapter, build/design-to-specification as defined in § 125.4(c)(2) of this subchapter, or basic research as defined in § 125.4(c)(3) of this subchapter, or maintenance (i.e., inspection, testing, calibration or repair, including overhaul, reconditioning and one-to-one replacement of any defective items parts or components, but excluding any modification, enhancement, upgrade or other form of al- teration or improvement that changes the basic performance of the item) of non-excluded defense articles which may be exported subject to other exclusions or terms of the Canadian exemptions. Note 13: The term ‘‘libraries’’ (parametric technical databases) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems. Note 14: In order to utilize the authorized defense services under the Canadian exemption, the following must be complied with: (a) The Canadian contractor and subcontractor must certify, in writing, to the U.S. exporter that the technical data and defense services being exported will be used only for an activity identified in Supplement No. 1 to part 126 of this subchapter and in accordance with § 126.5 of this subchapter; and (b) A written arrangement between the U.S. exporter and the Canadian recipient must: (1) Limit delivery of the defense articles being produced directly to an identified manufacturer in the United States registered in accordance with part 122 of this subchapter; a department or agency of the United States Federal Government; a Canadian-registered person authorized in writing to manufacture defense articles by and for the Government of Canada; a Canadian Federal, Provincial, or Territorial Government; (2) Prohibit the disclosure of the technical data to any other contractor or subcontractor who is not a Canadian-registered person; (3) Provide that any subcontract contain all the limitations of § 126.5 of this subchapter; (4) Require that the Canadian contractor, including subcontractors, destroy or return to the U.S. exporter in the United States all of the technical data exported pursuant to the contract or purchase order upon fulfillment of the contract, unless for use by a Canadian or United States Government entity that requires in writing the technical data be maintained. The U.S. exporter must be provided written certification that the technical data is being retained or destroyed; and (5) Include a clause requiring that all documentation created from U.S. origin technical data contain the statement that, ‘‘This document contains technical data, the use of which is restricted by the U.S. Arms Export Control Act. This data has been provided in accordance with, and is subject to, the limitations specified in § 126.5 of the International Traffic in Arms Regulations (ITAR). By accepting this data, the consignee agrees to honor the requirements of the ITAR.’’ (c) The U.S. exporter must provide the Directorate of Defense Trade Controls a semi-annual report regarding all of their on-going activities authorized under § 126.5 of this subchapter. The report shall include the article(s) being produced; the end-user(s); the end-item into which the product is to be incorporated; the intended end-use of the product; and the name and address of all the Canadian contractors and subcontractors. Note 15: This exclusion does not apply to demining equipment in support of the clearance of landmines and unexploded ordnance for humani- tarian purposes. As used in this exclusion, ‘‘anti-personnel landmine’’ means any mine placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; any manually-em- placed munition or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time. Note 16: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this entry, the term ‘‘systems’’ includes equipment, devices, software, assemblies, modules, components, practices, processes, methods, approaches, schema, frameworks, and models.

Rose E. Gottemoeller, immediately prior to, during, and when so directed by that officer. Vessels Under Secretary, Arms Control and immediately after the Dragon Boat race. will be operated at a no wake speed to International Security, Department of State. During the aforementioned period, the reduce the wake to a minimum, and in [FR Doc. 2014–15147 Filed 6–26–14; 8:45 am] Coast Guard will enforce restrictions a manner which will not endanger BILLING CODE 4710–25–P upon, and control movement of, vessels participants in the event or any other in a portion of the Captain of the Port craft. The rules contained in the above Lake Michigan Zone. two sentences shall not apply to DEPARTMENT OF HOMELAND DATES: The regulations in 33 CFR participants in the event or vessels of SECURITY 100.909 will be enforced from 7 a.m. the patrol operating in the performance until 5 p.m. on June 28, 2014. of their assigned duties. The Patrol Coast Guard FOR FURTHER INFORMATION CONTACT: If Commander may direct the anchoring, you have questions on this document, mooring, or movement of any boat or 33 CFR Part 100 call or email MST1 John Ng, Waterways vessel within the regatta area. [Docket No. USCG–2013–0327] Management Division, Marine Safety This document is issued under Unit Chicago, Chicago, IL at (630) 986– authority of 33 CFR 100.909, Chinatown Regattas and Marine Parades in the 2155, email [email protected]. Chamber of Commerce Dragon Boat COTP Lake Michigan Zone— Race; Chicago, IL, and 5 U.S.C. 552(a). SUPPLEMENTARY INFORMATION: The Coast In addition to this publication in the Chinatown Chamber of Commerce Guard will enforce the special local Dragon Boat Race, Chicago, IL Federal Register, the Coast Guard will regulation listed in 33 CFR 100.909, provide the maritime community with AGENCY: Coast Guard, DHS. Chinatown Chamber of Commerce advance notification of the enforcement ACTION: Notice of enforcement of Dragon Boat Race; Chicago, IL. This of this special local regulation via regulation. special local regulation will encompass Broadcast Notice to Mariners or Local all waters of the South Branch of the Notice to Mariners. The Captain of the SUMMARY: The Coast Guard will enforce Chicago River from the West 18th Street Port, Lake Michigan, or his or her on- the special local regulation on the South Bridge at position 41°51′28″ N, ° ′ ″ scene representative may be contacted Branch of the Chicago River for the 087 38 06 W to the Amtrak Bridge at via Channel 16, VHF–FM. Chinatown Chamber of Commerce position 41°51′20″ N, 087°38′13″ W Dragon boat Race in Chicago, Illinois. (NAD 83). This year, this special local Dated: June 16, 2014. This regulated area will be enforced regulation will be enforced from 7 a.m. M.W. Sibley, from 7 a.m. until 5 p.m. on June 28, until 5 p.m. on June 28, 2014. Captain, U.S. Coast Guard, Captain of the 2014. This action is necessary and Vessels desiring to transit the Port, Lake Michigan. intended to ensure safety of life and regulated area may do so only with prior [FR Doc. 2014–15122 Filed 6–26–14; 8:45 am] property on navigable waters approval of the Patrol Commander and BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND traffic from 3:30 p.m. on June 29, 2014 The drawbridge must return to the SECURITY to 10 p.m. on June 29, 2014 to current deviation operating schedule (79 accommodate the event. The event will FR 21128, April 15, 2014) immediately Coast Guard be attended by the public, plus local at the end of the effective period of this and national dignitaries, as SDOT temporary deviation. This deviation 33 CFR Part 117 dedicates the new bridge and reopens a from the operating regulations is [Docket No. USCG–2014–0498] historic and critical transportation link. authorized under 33 CFR 117.35. Festivities will include a parade across Dated: June 12, 2014. Drawbridge Operation Regulation; the bridge and a street party featuring Steven M. Fischer, music and other performances, as well Duwamish Waterway, Seattle, WA Bridge Administrator, Thirteenth Coast Guard as food and drink vendors. Participants District. AGENCY: Coast Guard, DHS. will be able to walk across the bridge ACTION: Notice of deviation from and tour its south tower. Currently the [FR Doc. 2014–15124 Filed 6–26–14; 8:45 am] drawbridge regulation. bridge operates under a temporary BILLING CODE 9110–04–P deviation (USCG–2014–0237, 79 FR SUMMARY: The Coast Guard has issued a 21128, April 15, 2014) from 12:01 a.m. temporary deviation from the operating DEPARTMENT OF HOMELAND on March 30, 2014 to 11:59 p.m. on SECURITY schedule that governs the South Park September 1, 2014 to enable timely Highway Bridge across the Duwamish completion of the bridge construction Coast Guard Waterway, mile 3.8, at Seattle, project. This deviation allows the Washington. The deviation is necessary drawbridge to remain closed to mariners 33 CFR Part 117 to accommodate the Grand Opening needing a full channel, double bascule event of the South Park Highway Bridge. leaf drawbridge opening unless 12 hours [Docket No. USCG–2014–0470] This deviation allows the drawbridge to advance notice is provided. Mariners remain in the closed position and need that only require a single leaf half Drawbridge Operation Regulation; St. not open to marine traffic. channel drawbridge opening will be Croix River, Stillwater, MN DATES: This deviation is effective from given an opening upon signal. A draw AGENCY: Coast Guard, DHS. 3:30 p.m. on June 29, 2014 to 10 p.m. tender will be present 24 hours a day, on June 29, 2014. 7 days week. ACTION: Notice of deviation from ADDRESSES: The docket for this The South Park Highway Double drawbridge regulations. deviation, [USCG–2014–0498] is Bascule Bridge is located at Duwamish SUMMARY: The Coast Guard has issued a available at http://www.regulations.gov. Waterway, mile 3.8, in the city of temporary deviation from the operating Type the docket number in the Seattle, Washington, and provides 34.8 schedule that governs the Stillwater ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ feet of vertical clearance above at center Highway Drawbridge across the St. Click on Open Docket Folder on the line span while in the closed position and 30 Croix River, mile 23.4, at Stillwater, associated with this deviation. You may feet of vertical clearance at the extreme Minnesota. The deviation is necessary also visit the Docket Management east and west ends of the navigable due to increased vehicular traffic after a Facility in Room W12–140 on the channel and unlimited vertical local Independence Day fireworks ground floor of the Department of clearance with the bascule bridge in the display. The deviation allows the bridge Transportation West Building, 1200 fully open position. Vertical clearances to be in the closed-to-navigation New Jersey Avenue SE., Washington, are referenced to mean high-water position to clear increased traffic DC 20590, between 9 a.m. and 5 p.m., elevation (MHW). Horizontal clearance congestion. Monday through Friday, except Federal is 128 feet. However, horizontal holidays. clearance may be restricted by DATES: This deviation is effective from FOR FURTHER INFORMATION CONTACT: If construction barges. As such, mariners 10:00 p.m. to 11:30 p.m., July 4, 2014. you have questions on this temporary are advised to consult the Local Notice ADDRESSES: The docket for this deviation, call or email Mr. Steven M. to Mariners for current conditions. deviation, [USCG–2014–0470] is Fischer, Thirteenth District Bridge Maritime traffic on this stretch of the available at http://www.regulations.gov. Administrator, Coast Guard; telephone Duwamish waterway consists of vessels Type the docket number in the 206–220–7282, email: ranging from small pleasure craft, ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ [email protected]. If you sailboats, small tribal fishing boats, and Click on Open Docket Folder on the line have questions on viewing the docket, commercial tug and tow, and mega associated with this deviation. You may call Cheryl Collins, Program Manager, yachts. Vessels able to pass through the also visit the Docket Management Docket Operations, telephone 202–366– bridge in the closed positions may do so Facility in Room W12–140 on the 9826. at anytime but are advised to use ground floor of the Department of SUPPLEMENTARY INFORMATION: The South caution as the area surrounding the Transportation West Building, 1200 Park Highway double bascule span bridge has numerous construction craft New Jersey Avenue SE., Washington, drawbridge replacement project has and equipment in the water. The bridge DC 20590, between 9 a.m. and 5 p.m., progressed to the point of completion. will not be able to open for emergencies Monday through Friday, except Federal The City of Seattle Department of and there is no immediate alternate Holidays. Transportation (SDOT) requested a route for vessels to pass. The Coast FOR FURTHER INFORMATION CONTACT: If change to the current deviation Guard will also inform the users of the you have questions on this temporary schedule under which the bridge waterways through our Local and deviation, call or email Eric A. operates to hold a grand opening Broadcast Notices to Mariners of the Washburn, Bridge Administrator, celebration scheduled for June 29, 2014. change in operating schedule for the Western Rivers, Coast Guard; telephone This new temporary deviation will bridge so that vessels can arrange their 314–269–2378, email Eric.Washburn@ allow the bridge to remain in the closed transits to minimize any impact caused uscg.mil. If you have questions on position and need not open to marine by the temporary deviation. viewing the docket, call Cheryl F.

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Collins, Program Manager, Docket from one Outer Continental Shelf block U.S.C. United States Code Operations, telephone 202–366–9826. area to another. II. Regulatory History SUPPLEMENTARY INFORMATION: The DATES: This final rule is effective June Section 704 of the Coast Guard and Minnesota Department of 27, 2014. Maritime Transportation Act of 2012 Transportation requested a temporary ADDRESSES: Documents mentioned in (Pub. L. 112–213) (2012 CGMTA) deviation for the Stillwater Highway this preamble as being available in the specifically exempts U.S. mobile Drawbridge, across the St. Croix River, docket (USCG–2013–0797) are available offshore drilling units (MODUs) and mile 23.4, at Stillwater, Minnesota to for inspection or copying at the Docket other U.S. vessels from the requirement remain in the closed-to-navigation Management Facility (M–30), U.S. to submit a Notice of Arrival (NOA) position on July 4, 2014 as follows: Department of Transportation, West when transiting within the Outer From 10:00 p.m. to 11:30 p.m. on July Building Ground Floor, Room W12–140, Continental Shelf (OCS) unless the 4, 2014, the lift span will remain in the 1200 New Jersey Avenue SE., vessel is arriving from a foreign port or closed-to-navigation position. Washington, DC 20590, between 9 a.m. place. Under section 704, U.S. MODUs The Stillwater Highway Drawbridge and 5 p.m., Monday through Friday, and other U.S. vessels are exempt from currently operates in accordance with except Federal holidays. You may also having to submit an NOA when moving 33 CFR 117.667(b), which states specific find this docket on the Internet by going from one OCS block area to another. seasonal and commuter hours operating to http://www.regulations.gov, inserting The Coast Guard is issuing this final requirements. USCG–2013–0797 in the ‘‘Search’’ box, rule without prior notice and There are no alternate routes for and then clicking ‘‘Search.’’ opportunity to comment pursuant to vessels transiting this section of the St. FOR FURTHER INFORMATION CONTACT: If section 4(a) of the Administrative Croix River. you have questions on this rule, call or Procedure Act (APA) (5 U.S.C. 553(b)). The Stillwater Highway Drawbridge, email Mr. Dennis Fahr, Office of This provision authorizes an agency to in the closed-to-navigation position, Operating and Environmental Standards issue a rule without prior notice and provides a vertical clearance of 10.9 feet (CG–OES), Coast Guard; telephone 202– opportunity to comment when the above normal pool. Navigation on the 372–1427, email [email protected]. agency for good cause finds that those waterway consists primarily of If you have questions on viewing the procedures are ‘‘impracticable, commercial sightseeing/dinner cruise docket, call Ms. Cheryl Collins, Program unnecessary, or contrary to the public boats and recreational watercraft. This Manager, Docket Operations, telephone interest.’’ temporary deviation has been 202–366–9826. Under 5 U.S.C. 553(b)(B), the Coast coordinated with waterway users. No SUPPLEMENTARY INFORMATION: Guard finds that good cause exists for objections were received. not publishing an NPRM with respect to In accordance with 33 CFR 117.35(e), Table of Contents for Preamble this rule because it is unnecessary. The the drawbridge must return to its regular I. Abbreviations Coast Guard finds that notice and operating schedule immediately at the II. Regulatory History comment for this rulemaking is end of the effective period of this III. Basis and Purpose unnecessary because we are merely temporary deviation. This deviation IV. Background making a regulatory amendment to from the operating regulations is V. Discussion of Final Rule conform to section 704 of the 2012 VI. Regulatory Analyses authorized under 33 CFR 117.35. A. Regulatory Planning and Review CGMTA, which specifically exempts Dated: June 13, 2014. B. Small Entities U.S. MODUs and other U.S. vessels Eric A. Washburn, C. Assistance for Small Entities traveling between OCS block areas from D. Collection of Information Bridge Administrator, Western Rivers. having to submit an NOA. Public notice E. Federalism of this regulatory amendment is, [FR Doc. 2014–15127 Filed 6–26–14; 8:45 am] F. Unfunded Mandates Reform Act therefore, unnecessary because public BILLING CODE 9110–04–P G. Taking of Private Property comment cannot affect, influence, or H. Civil Justice Reform inform any Coast Guard action in I. Protection of Children DEPARTMENT OF HOMELAND J. Indian Tribal Governments implementing the Congressionally- SECURITY K. Energy Effects mandated NOA exemption for U.S. L. Technical Standards MODUs and other U.S. vessels traveling Coast Guard M. Environment between OCS block areas. In accordance with 5 U.S.C. 553(d)(1) I. Abbreviations 33 CFR Parts 140 and 146 and (3), this rule will become effective 2012 CGMTA Coast Guard and Maritime upon the date of publication in the [Docket No. USCG–2013–0797] Transportation Act of 2012 Federal Register. Under 5 U.S.C. APA Administrative Procedure Act 553(d)(1), an agency is permitted to RIN 1625–AC12 BOE Bureau of Ocean Energy Management, make ‘‘a substantive rule which grants Regulation and Enforcement or recognizes an exemption or relieves Notice of Arrival Exception BOEM Bureau of Ocean Energy Management a restriction . . .’’ to become AGENCY: Coast Guard, DHS. BOEMRE Bureau of Ocean Energy immediately effective. The Coast Guard ACTION: Final rule. Management, Regulation and Enforcement is making this rule effective BSEE Bureau of Safety and Environmental immediately because it recognizes the SUMMARY: The Coast Guard is amending Enforcement legislative exemption provided to U.S. its regulations to implement a statutory DHS Department of Homeland Security MODUs and other U.S. vessels from the change, enacted under section 704 of E.O. Executive Order requirement to submit an NOA when the Coast Guard and Maritime FR Federal Register traveling between OCS block areas. MODU Mobile Offshore Drilling Unit Transportation Act of 2012, exempting NOA Notice of Arrival Additionally, the Coast Guard finds that U.S. mobile offshore drilling units and NVMC National Vessel Movement Center good cause exists for making this rule other U.S. vessels from submitting a OCS Outer Continental Shelf effective immediately upon publication Notice of Arrival when moving directly OMB Office of Management and Budget in the Federal Register pursuant to 5

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U.S.C. 553(d)(3). Delaying the effective block area’’ are analogous, we are effectively prevent or respond to a safety date to provide a full 30 day notice is implementing the legislative exemption or security concern on the OCS. unnecessary because the rule merely contained in section 704 of the 2012 The January 13, 2011, NOA final rule makes a regulatory amendment to CGMTA by adding ‘‘OCS block area’’ to and related materials may be viewed conform to the legislation passed by the existing exemptions in §§ 146.215 online at http://www.regulations.gov, Congress under section 704 of the 2012 and 146.401. Therefore, U.S. MODUs docket number: USCG–2008–1088. CGMTA. and other U.S. vessels arriving on the Upon publication of that final rule, OCS directly from a different OCS block the U.S. domestic offshore industry III. Basis and Purpose area, as well as those MODUs and indicated that compliance with the final The purpose of this rulemaking is to vessels arriving from a U.S. port or rule was difficult because of the nature implement the legislative exemption place, would be exempt from the NOA of the services that these vessels provide provided under section 704 of the 2012 OCS requirements. Also, to reflect the when engaged in activities on the OCS. CGMTA, which exempts U.S. MODUs reorganization of MMS into BOEMRE in Through our partnership with the and other U.S. vessels traveling between 2010, and subsequently BOEMRE into Offshore Marine Service Association, OCS block areas from having to submit BOEM and BSEE in 2011, we are we established a working group to an NOA. Under current regulations in amending §§ 140.10, 140.101 (b through specifically address the design of an 33 CFR part 146, subparts C and E, U.S. d), 140.103 (b and c) and 140.105(a OCS-specific reporting form. MODUs and vessels are required to through e). We are also amending In the intervening time between the submit an NOA when moving from one §§ 146.102, 146.200, 146.402 and effective date of the 2011 NOA final rule OCS block area to another. In order to 146.405(b)(2) to reflect the current title and the 2012 CGMTA, we requested align 33 CFR part 146, subparts C and and acronym of ‘‘BOEM’’, which is voluntary compliance with the 2011 E with the NOA exemption provided called ‘‘BOE’’ in this section of our final rule using the current e-NOA–OCS under the 2012 CGMTA, we are existing regulations. application so that we could ascertain amending §§ 146.215 and 146.401 by the practicality of the current IV. Background specifically exempting U.S. MODUs and application and the information other U.S. vessels from having to submit On January 13, 2011, the Coast Guard requested. This voluntary compliance an NOA when traveling directly from published a final rule in the Federal period allowed us to gather information one OCS block area to another. U.S. Register (76 FR 2254) that established as to what was needed to reduce the MODUs and vessels arriving directly the NOA requirements for vessels, reporting burden. In December 2012, the from a foreign port or place, however, facilities, and MODUs operating on the 2012 CGMTA was signed into law. It would still be subject to the NOA OCS. The final rule was designed to contains a section that exempts U.S. requirements under 33 CFR 146.215 and enhance maritime domain awareness MODUs and other U.S. documented 146.405. over OCS activities. The rule increased vessels from reporting block-to-block Sections 146.215 and 146.401 already maritime security and safety by movements and filing an NOA unless contain an NOA exemption for ‘‘those requiring U.S. and foreign-flagged arriving on the OCS directly from a U.S. MODUs arriving directly from a vessels, floating facilities, and MODUs foreign port. U.S. port or place’’ and ‘‘those U.S. arriving on and/or engaging in OCS vessels traveling directly from a U.S. activities to report their arrival time; V. Discussion of Final Rule port or place’’ respectively; however, location; and information regarding the Through this rulemaking, we are §§ 146.215 and 146.405 require NOAs floating facilities; MODUs; and the amending §§ 146.215 and 146.401 by when a MODU or vessel vessel’s voyage, cargo, crew, and vessel exempting U.S. MODUs and other U.S. ‘‘arrives. . .from a different OCS block information. vessels from having to submit an NOA area.’’ Whether an OCS block area is The ‘‘OCS’’ is defined in 33 CFR when traveling directly from one OCS considered a ‘‘U.S. port or place,’’ thus 140.10 to include ‘‘all submerged lands block area to another. These regulatory exempting U.S. MODUs or other U.S. lying seaward and outside of the area of amendments are necessary in order to vessels traveling from one block area to ‘lands beneath navigable waters’ as conform to the legislation passed by another from the NOA OCS defined in section 2(a) of the Submerged Congress under section 704 of the 2012 requirements provided under §§ 146.215 Lands Act (43 U.S.C. 1301(a)) and of CGMTA, which specifically exempts and 146.405, depends on the definitions which the subsoil and seabed appertain U.S. MODUs and other U.S. vessels of ‘‘U.S. port or place’’ and ‘‘OCS block to the United States and are subject to traveling between OCS block areas from area.’’ A ‘‘U.S. port or place’’ is its jurisdiction and control.’’ ‘‘OCS having to submit an NOA. We are also determined by U.S. Customs and Border activity’’ is defined in 33 CFR 140.10 as making a non-substantive amendment to Protection through a fact-specific ‘‘any offshore activity associated with §§ 140.10, 140.101, 140.103, 140.105, customs ruling. ‘‘OCS block area’’ is the exploration for, or development or 146, 102, 146.200, 146.402 and 146.405 defined in both subparts C and E as ‘‘the production of, the minerals of the Outer to reflect the current title and acronym names given by the Bureau of Ocean Continental Shelf.’’ for BOEM and BSEE. Energy Management, Regulation and The rule implemented provisions of Enforcement (BOE) 1 [which succeeded the Security and Accountability for VI. Regulatory Analyses the Minerals Management Service Every Port Act of 2006 and increased We developed this rule after (MMS) in 2010] 2 to define the OCS overall maritime domain awareness by considering numerous statutes and areas used to facilitate management or requiring owners or operators of U.S. executive orders (E.O.s) related to leasing on the OCS.’’ Because the and foreign-flagged vessels, floating rulemaking. Below we summarize our authority has not expressly addressed facilities, and MODUs to submit NOA analyses based on these statutes or whether ‘‘U.S. port or place’’ and ‘‘OCS information to the Coast Guard’s E.O.s. National Vessel Movement Center 1 On October 1, 2011, BOE was split into the (NVMC) prior to engaging in OCS A. Regulatory Planning and Review Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental activities. Such information is critical to Executive Orders 12866 (‘‘Regulatory Enforcement (BSEE), 76 FR 64432. maritime safety and security and Planning and Review’’) and 13563 2 75 FR 61051. enables the Coast Guard to more (‘‘Improving Regulation and Regulatory

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Review’’) direct agencies to assess the burden for vessel owners and operators; requires federal agencies to consider the costs and benefits of available regulatory and (3) impacts on costs, if any. The potential impact of regulations on small alternatives and, if regulation is alternatives considered are as follows: entities during rulemaking. However, necessary, to select regulatory Alternative 1: Revise 33 CFR part 146 we are implementing this legislative approaches that maximize net benefits to remove the current submission exemption in section 704 of the 2012 (including potential economic, requirement of an NOA for owners and CGMTA as a final rule, foregoing notice environmental, public health and safety operators of U.S. MODUs and vessels and comment under 5 U.S.C. 553(b)(B) effects, distributive impacts, and that transit from one OCS block area to and the RFA does not require an agency equity). Executive Order 13563 another (preferred alternative). At to prepare a regulatory flexibility emphasizes the importance of present, owners and operators of U.S. analysis for rules promulgated under quantifying both costs and benefits, of MODUs and vessels are required to section 553(b)(B). Therefore, the Coast reducing costs, of harmonizing rules, submit a NOA to the NVMC when Guard is not required to publish a and of promoting flexibility. departing from or arriving to one OCS regulatory flexibility analysis. This rule has not been designated a block area to another. Implementation of ‘‘significant regulatory action’’ under this final rule will eliminate the NOA C. Assistance for Small Entities section 3(f) of E.O. 12866 as submission requirement for the above supplemented by E.O. 13563, and does affected vessels. Under section 213(a) of the Small not require an assessment of potential Alternative 2: Take no regulatory Business Regulatory Enforcement costs and benefits under section 6(a)(3) action. This option was not selected as Fairness Act of 1996 (Pub. L. 104–121), of E.O. 12866. Accordingly, the final it would not implement section 704 of we offered to assist small entities in rule has not been reviewed by the Office the 2012 CGMTA. Under this understanding the rule so that they of Management and Budget (OMB). alternative, regulatory language would could better evaluate its effects on them Nonetheless, we developed an analysis remain inconsistent with section 704 of and participate in the rulemaking. If the of the costs and benefits of the rule to the 2012 CGMTA and current practice. rule affects your small business, ascertain its probable impacts on organization, or governmental Analysis of Alternatives industry. A final Regulatory Assessment jurisdiction and you have questions follows: We chose Alternative 1, which concerning its provisions or options for This final rule will implement a implements section 704 of the Act as compliance, please consult Lieutenant statutory change that exempts U.S. described in Section V of the preamble Commander Michael Lendvay, Office of MODUs and U.S. vessels from above. We chose to reject Alternative 2, Commercial Vessel Compliance, Coast submitting NOAs to the NVMC when the ‘‘no regulatory action’’ alternative, Guard; telephone 202 372–1218, email transiting from one OCS block area to because it would not implement section [email protected]. The Coast another, as defined above. This rule will 704 of the Act and would not harmonize Guard will not retaliate against small align our regulations with section 704 of regulatory language with the statute. entities that question or complain about the 2012 CGMTA, which specifically this rule or any policy or action of the exempts these vessels from submitting Costs Coast Guard. NOAs when traveling from one OCS We do not expect this final rule to block area to another. U.S. MODUs and impose new costs on the public or Small businesses may send comments vessels arriving from a U.S. port or place industry. This final rule will align our on the actions of Federal employees and traveling to the OCS and those same regulations with section 704 of the 2012 who enforce, or otherwise determine vessels that travel from the OCS to a CGMTA, which exempts U.S. MODUs compliance with, Federal regulations to U.S. port or place are exempt from and vessels from submitting NOAs to the Small Business and Agriculture submitting NOAs in 33 CFR part 146. the NVMC when traveling from one Regulatory Enforcement Ombudsman However, based on Coast Guard data, no OCS block area to another. and the Regional Small Business NOAs have been received from affected Regulatory Fairness Boards. The Benefits U.S. vessel owners and operators since Ombudsman evaluates these actions December 2012, when the CGMTA was This rule makes conforming annually and rates each agency’s signed into law. Therefore, this rule will regulatory amendments to the responsiveness to small business. If you not have an economic impact on owners legislation passed by Congress under wish to comment on actions by and operators of U.S. MODUs and section 704 of the 2012 CGMTA, which employees of the Coast Guard, call 1– vessels that transit the OCS. specifically exempts U.S. MODUs and 888–REG–FAIR (1–888–734–3247). All vessels arriving from a foreign other U.S. vessels traveling between port or place to an OCS block area and OCS block areas from having to submit D. Collection of Information vessels departing from an OCS block an NOA. By conforming the regulations This rule calls for no new collection area traveling to a foreign port or place to the legislation, we eliminate any are still required to submit NOAs to the potential for confusion regarding of information under the Paperwork NVMC in accordance with 33 CFR part whether an NOA must be submitted Reduction Act of 1995 (44 U.S.C. 3501– 146 as these vessels are not exempt when U.S. MODUs and U.S. vessels 3520). On December 20, 2012, the 2012 under this final rule. travel from one OCS block area to CGMTA was passed, which exempts In the development of this rule, we another. The Coast Guard has U.S. vessels and MODUs that transit considered two alternatives (including determined that because there have from one OCS block area to another the preferred alternative). The key been no NOAs submitted to the NVMC from submitting NOAs to the NVMC. As factors that we evaluated in considering since passage of the 2012 CGMTA, there a result, vessel owners and operators each alternative included: (1) The are no cost savings attributable to this have not submitted NOAs since that degree to which the alternative final rule. time. This change has been incorporated comported with the congressional into the ICR burden estimates during its mandate in section 704 of the 2012 Small Entities renewal. Therefore no collection of CGMTA; (2) what benefits, if any, would The Regulatory Flexibility Act of 1980 information is necessary from this final be derived, such as the reduction in (RFA), 5 U.S.C. 601–612, as amended, rule.

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E. Federalism F. Unfunded Mandates Reform Act Statement of Energy Effects under E.O. A rule has implications for federalism The Unfunded Mandates Reform Act 13211. under E.O. 13132, Federalism, if it has of 1995 (2 U.S.C. 1531–1538) requires L. Technical Standards a substantial direct effect on the States, Federal agencies to assess the effects of on the relationship between the national their discretionary regulatory actions. In The National Technology Transfer government and the States, or on the particular, the Act addresses actions and Advancement Act (15 U.S.C. 272 distribution of power and that may result in the expenditure by a note) directs agencies to use voluntary responsibilities among the various State, local, or tribal government, in the consensus standards in their regulatory levels of government. We have analyzed aggregate, or by the private sector of activities unless the agency provides this rule under that Order and have $100,000,000 (adjusted for inflation) or Congress, through the Office of determined that it is consistent with the more in any one year. Though this rule Management and Budget, with an fundamental federalism principles and will not result in such an expenditure, explanation of why using these preemption requirements described in we do discuss the effects of this rule standards would be inconsistent with E.O. 13132. Our analysis is explained elsewhere in this preamble. applicable law or otherwise impractical. below. Voluntary consensus standards are Congress specifically granted the G. Taking of Private Property technical standards (e.g., specifications authority to the Secretary of the This rule will not cause a taking of of materials, performance, design, or Department in which the Coast Guard is private property or otherwise have operation; test methods; sampling operating to regulate artificial islands, taking implications under E.O. 12630, procedures; and related management installations, and other devices Governmental Actions and Interference systems practices) that are developed or permanently or temporarily attached to with Constitutionally Protected Property the OCS and in the waters adjacent Rights. adopted by voluntary consensus thereto as it relates to the safety of life. standards bodies. Title 43 U.S.C. 1333(d)(1) states that the H. Civil Justice Reform This rule does not use technical Secretary ‘‘shall have the authority to This rule meets applicable standards standards. Therefore, we did not promulgate and enforce such reasonable in sections 3(a) and 3(b)(2) of E.O. consider the use of voluntary consensus regulations with respect to lights and 12988, Civil Justice Reform, to minimize standards. other warning devices, safety litigation, eliminate ambiguity, and equipment, and other matters relating to reduce burden. M. Environment the promotion of safety of life and We have analyzed this rule under property on the artificial islands, I. Protection of Children Department of Homeland Security installations, and other devices . . . or We have analyzed this rule under E.O. Management Directive 023–01 and on the waters adjacent thereto, as he 13045, Protection of Children From may deem necessary.’’ As this rule Environmental Health Risks and Safety Commandant Instruction M16475.lD, exempts certain MODUs and vessels Risks. This rule is not an economically which guide the Coast Guard in from submitting NOAs when transiting significant rule and does not create an complying with the National from one OCS block area to another, it environmental risk to health or risk to Environmental Policy Act of 1969 falls within the scope of authority safety that may disproportionately affect (NEPA) (42 U.S.C. 4321–4370f), and Congress granted exclusively to the children. have concluded that this action is one Secretary, especially since the rule of a category of actions that do not J. Indian Tribal Governments implements a statutory change enacted individually or cumulatively have a by Congress under section 704 of the This rule does not have tribal significant effect on the human 2012 CGMTA. This authority has been implications under E.O. 13175, environment. A final environmental delegated to the Coast Guard and is Consultation and Coordination With analysis checklist and a categorical exercised in this rulemaking, and the Indian Tribal Governments, because it exclusion determination are available in States may not regulate within this does not have a substantial direct effect the docket where indicated under category of arrival notification. on one or more Indian tribes, on the ADDRESSES. This rule involves Therefore, the rule is consistent with the relationship between the Federal Congressionally mandated regulations. principles of federalism and preemption Government and Indian tribes, or on the requirements in E.O. 13132. distribution of power and List of Subjects While it is well settled that States may responsibilities between the Federal 33 CFR Part 140 not regulate in categories in which Government and Indian tribes. Congress intended the Coast Guard to be K. Energy Effects Continental shelf, Investigations, the sole source of a vessel’s obligations, Marine safety, Occupational safety and the Coast Guard recognizes the key role We have analyzed this rule under E.O. health, Penalties, Reporting and that State and local governments may 13211, Actions Concerning Regulations recordkeeping requirements. have in making regulatory That Significantly Affect Energy Supply, determinations. Additionally, for rules Distribution, or Use. We have 33 CFR Part 146 with federalism implications and determined that it is not a ‘‘significant Continental shelf, Marine safety, preemptive effect, E.O. 13132 energy action’’ under that order because specifically directs agencies to consult it is not a ‘‘significant regulatory action’’ Occupational safety and health, with State and local governments during under E.O. 12866 and is not likely to Reporting and recordkeeping the rulemaking process. If you believe have a significant adverse effect on the requirements, Vessels. this rule has implications for federalism supply, distribution, or use of energy. For the reasons discussed in the under E.O. 13132, please contact the The Administrator of the Office of preamble, the Coast Guard amends 33 person listed in the FOR FURTHER Information and Regulatory Affairs has CFR parts 140 and 146 as follows: INFORMATION CONTACT section of this not designated it as a significant energy preamble. action. Therefore, it does not require a

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■ a. In paragraph (a), remove the text DEPARTMENT OF HOMELAND ‘‘Minerals Management Service (MMS) SECURITY TITLE 33—NAVIGATION AND and add, in its place, the words ‘‘Bureau NAVIGABLE WATERS of Safety and Environmental Coast Guard Enforcement (BSEE)’’; PART 140—GENERAL ■ b. In paragraph (b), remove the words 33 CFR Part 165 ‘‘an MMS’’ and add, in its place, the [Docket No. USCG–2014–0081] ■ 1. The authority citation for part 140 words ‘‘a BSEE’’; and continues to read as follows: ■ c. In paragraphs (c), (d), and (e) RIN 1625–AA00 Authority: 43 U.S.C. 1333, 1348, 1350, remove the text ‘‘MMS’’ wherever it 1356; Department of Homeland Security appears and add, in its place, the text Safety Zones; Annual Events in the Delegation No. 0170.1. ‘‘BSEE’’; and Captain of the Port Zone Buffalo § 140.10 [Amended] PART 146—OPERATIONS AGENCY: Coast Guard, DHS. ■ 2. In § 140.10, in the definition of ACTION: Final rule. Bureau of Ocean Energy Management, ■ 6. The authority citation for part 146 SUMMARY: Regulation and Enforcement inspector continues to read as follows: The Coast Guard is revising or BOEMRE inspector, remove the text its safety zone regulations for annually Authority: 33 U.S.C. 1223, 1226; 43 U.S.C. recurring firework displays and marine ‘‘Ocean Energy Management, Regulation 1333, 1348, 1350, 1356; Sec. 109, Pub. L. No. and Enforcement inspector or 109–347, 120 Stat. 1884; Department of events within the Captain of the Port BOEMRE’’ and add, in its place, the Homeland Security Delegation No. 0170.1. Zone Buffalo. The safety zones revised text, ‘‘Safety and Environmental or established by this final rule are § 146.102 [Amended] Enforcement inspector or BSEE’’; and necessary to protect the surrounding after the text ‘‘employed by the Bureau ■ 7. In § 146.102, in the definition of public, spectators, participants, and of’’, remove the text ‘‘Ocean Energy ‘‘OCS block area’’, after the words vessels from the hazards associated with Management, Regulation and’’ and add, ‘‘Bureau of Ocean Energy Management’’, fireworks displays, hydroplane boat in its place, the text ‘‘Safety and remove the text ‘‘, Regulation and races, and other events of a similar Environmental’’. Enforcement (BOE)’’ and add, in its nature posing a potential hazard to the safety of life and property on the ■ place, the text ‘‘(BOEM)’’. 3. Amend § 140.101 as follows: navigable waters. This final rule is ■ a. Revise the section heading; § 146.200 [Amended] intended to restrict vessels from ■ b. In paragraph (b), after the words designated areas on navigable ‘‘by the Bureau of’’, remove the words ■ 8. In § 146.200, in the definition of waterways during these events. ‘‘Ocean Energy Management, Regulation ‘‘OCS block area’’, after the words and Enforcement (BOEMRE)’’ and add, ‘‘Bureau of Ocean Energy Management’’ DATES: This rule is effective July 28, in its place, the words ‘‘Safety and remove the text ‘‘, Regulation and 2014. Environmental Enforcement (BSEE)’’; Enforcement (BOE)’’ and add, in its ADDRESSES: Documents mentioned in ■ c. In paragraph (c), remove the text place, the text ‘‘(BOEM)’’. this preamble are part of docket [USCG– ‘‘BOEMRE’’ wherever it appears and § 146.215 [Amended] 2014–0081]. To view documents add, in its place, the text ‘‘BSEE’’; and mentioned in this preamble as being ■ d. In paragraph (d), in the first ■ 9. In § 146.215(a) introductory text, available in the docket, go to http:// sentence, after the words ‘‘Coast Guard after the words ‘‘directly from a U.S. www.regulations.gov, type the docket marine inspector or,’’ remove the words port or place’’, add the words ‘‘or from number in the ‘‘SEARCH’’ box and click ‘‘an BOEMRE’’ and add, in its place, the an OCS block area’’. ‘‘SEARCH.’’ Click on Open Docket words ‘‘a BSEE’’; and after the text ‘‘The § 146.401 [Amended] Folder on the line associated with this Coast Guard marine inspector or the’’, rulemaking. You may also visit the remove the text ‘‘BOEMRE’’ and add, in ■ 10. In § 146.401, after the words Docket Management Facility in Room its place, the text ‘‘BSEE’’. ‘‘directly from a U.S. port or place,’’, W12–140 on the ground floor of the The revision reads as follows: add the words ‘‘or from an OCS block Department of Transportation West area,’’. § 140.101 Inspection by Coast Guard Building, 1200 New Jersey Avenue SE., marine inspectors or Bureau of Safety and § 146.402 [Amended] Washington, DC 20590, between 9 a.m. Environmental Enforcement inspectors. and 5 p.m., Monday through Friday, ■ 11. In § 146.402, in the definition of except Federal holidays. * * * * * ‘‘OCS block area’’, after the words FOR FURTHER INFORMATION CONTACT: If ‘‘Bureau of Ocean Energy Management’’ § 140.103 [Amended] you have questions on this rule, call or remove the text ‘‘, Regulation and ■ email LT Christopher Mercurio, Chief of 4. Amend § 140.103 as follows: Enforcement (BOE)’’ and add, in its ■ Waterways Management, U.S. Coast a. In paragraph (b), after the words place, the text ‘‘(BOEM)’’. ‘‘Bureau of’’, remove the words ‘‘Ocean Guard Sector Buffalo; telephone 716– Energy Management, Regulation and § 146.405 [Amended] 843–9573, email [email protected]. If Enforcement (BOEMRE)’’ and add, in its ■ 12. In § 146.405(b)(2), remove the text you have questions on viewing the place, the words ‘‘Safety and ‘‘BOE’’ and add, in its place, the text docket, call Barbara Hairston, Program Environmental Enforcement (BSEE)’’; ‘‘BOEM’’. and Manager, Docket Operations, telephone ■ b. In paragraph (c), remove the text Dated: June 23, 2014. 202–366–9826 or 1–800–647–5527. ‘‘BOEMRE’’ wherever it appears and J. G. Lantz, SUPPLEMENTARY INFORMATION: add, in its place, the text ‘‘BSEE’’. Director of Commercial Regulations and Standards, U.S. Coast Guard. Table of Acronyms § 140.105 [Amended] [FR Doc. 2014–14997 Filed 6–26–14; 8:45 am] DHS Department of Homeland ■ 5. Amend § 140.105 as follows: BILLING CODE 9110–04–P Security

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FR Federal Register C. Discussion of Comments, Changes or under section 1 of Executive Order NPRM Notice of Proposed Rulemaking and the Final Rule 13563. The Office of Management and § Section As noted above, we received no Budget has not reviewed it under those comments on the NPRM (79 FR 24656). Orders. A. Regulatory History and Information We have not made any changes from the 2. Impact on Small Entities The regulations found in 33 CFR proposed rule. 165.939 serve to protect the boating For all of the above reasons, the Under the Regulatory Flexibility Act public from hazards associated with Captain of the Port Sector Buffalo is (5 U.S.C. 601–612), we have considered firework displays that take place on a revising 33 CFR 165.939. This revision the impact of this rule on small entities. navigable waterway within the Captain will change the verbiage on the The Coast Guard received no comments of the Port (COTP) Zone Buffalo. For enforcement period for all 29 safety from the Small Business Administration boundaries of this COTP zone, see 33 zones currently listed and establish six on this rule. The Coast Guard certifies CFR 3.45–10. additional safety zones in § 165.939. under 5 U.S.C. 605(b) that this rule will In 2013, the Captain of the Port These new safety zones are being added not have a significant economic impact Buffalo revised the regulations found in as paragraphs (30) Thunder on the on a substantial number of small 33 CFR 165.939 through a final rule Niagara Hydroplane boat races, North entities. published April 23, 2013 (78 FR 23850). Tonawanda, NY; (31) Antique Boat This rule would affect the following Those revisions clarified the locations of Show Hydroplane boat races, Grand entities, some of which might be small many outdated safety zones and Island, NY; (32) D-Day Conneaut Air entities: The owners and operators of established seven additional safety show, Conneaut, OH; (33) Bay Swim, vessels intending to transit or anchor in zones within the Captain of the Port Erie, PA; (34) Rover Fest fireworks any one of the safety zones while these Zone Buffalo area of responsibility. On display, Cleveland, OH; and (35) zones are being enforced. These safety May 1, 2014, we published an NPRM Cleveland National Air show, zones will not have a significant entitled Safety Zones; Annual Fireworks Cleveland, OH. Although this rule will economic impact on a substantial Events in the Captain of the Port Buffalo remain in effect throughout the year, the number of small entities for the Zone in the Federal Register (79 FR safety zones within it will be enforced following reasons: Each safety zone in 24656) that proposed to revise § 165.939 only before and during each this rule will be in enforced for no more to provide greater regulatory flexibility corresponding event. than 10 hours in any 24-hour period for enforcement notification and to add The enforcement dates and times for with the majority of zones only being in six safety zones. We received no each of the safety zones listed in enforced for a few hours in any 24 hour comments on the proposed rule. § 165.939 are subject to change, but the period. Each of the safety zones will be duration of enforcement would remain enforced only once per year and will be B. Basis and Purpose the same or nearly the same as the total in areas with low commercial vessel Section 165.939 currently lists 29 number of hours identified for that zone traffic. Furthermore, these safety zones permanent safety zones within the in § 165.939. For any given year, in the have been designed to allow traffic to Captain of the Port Zone Buffalo. Each event of a change in the enforcement pass safely around each zone. In the of these 29 safety zones corresponds to period, the Captain of the Port Sector event that a safety zone affects shipping, an annually recurring fireworks display. Buffalo will provide notice to the public commercial vessels may request by publishing a Notice of Enforcement After the recent 2013 summer season permission from the Captain of the Port in the Federal Register, as well as, it was noted the effective times and Buffalo or his or her designated issuing a Broadcast Notice to Mariners. dates published for these events were representative to transit the safety zone. Entry into, transiting, or anchoring not always rigidly adhered to by If you think that your business, within the safety zones identified in fireworks sponsors and event organizers organization, or governmental § 165.939 will be prohibited unless and thus a subsequent regulatory update jurisdiction qualifies as a small entity authorized by the Captain of the Port enacting greater regulatory flexibility for and that this rule would have a Buffalo or his on-scene representative. enforcement notification was desired in significant economic impact on it, The Captain of the Port or his on-scene order to maximize Coast Guard please submit a comment (see representative may be contacted via efficiency and public safety. Also, the ADDRESSES) explaining why you think it VHF Channel 16. COTP Buffalo has decided to enforce qualifies and how and to what degree safety zones for one additional firework D. Regulatory Analyses this rule would economically affect it. display and five additional marine We developed this rule after 3. Assistance for Small Entities events. considering numerous statutes and With the above findings in mind, the executive orders related to rulemaking. Under section 213(a) of the Small Coast Guard is revising 33 CFR 165.939 Below we summarize our analyses Business Regulatory Enforcement to provide more flexibility in the based on these statutes or executive Fairness Act of 1996 (Pub. L. 104–121), enforcement periods and to include orders. we want to assist small entities in several non-fireworks events. understanding this rule. If the rule The Captain of the Port Buffalo has 1. Regulatory Planning and Review would affect your small business, determined that these events present This rule is not a significant organization, or governmental significant hazards to public spectators regulatory action under section 3(f) of jurisdiction and you have questions and participants. Such hazards include Executive Order 12866, Regulatory concerning its provisions or options for premature detonations, dangerous Planning and Review, as supplemented compliance, please contact the person detonations, dangerous projectiles, by Executive Order 13563, Improving listed in the FOR FURTHER INFORMATION falling or burning debris, vessels of Regulation and Regulatory Review, and CONTACT, above. The Coast Guard will unique design operating at great speed, does not require an assessment of not retaliate against small entities that and large numbers of competitive potential costs and benefits under question or complain about this rule or swimmers. section 6(a)(3) of Executive Order 12866 any policy or action of the Coast Guard.

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4. Collection of Information to health or risk to safety that might Authority: 33 U.S.C. 1231; 46 U.S.C. disproportionately affect children. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; This rule will not call for a new 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; collection of information under the 11. Indian Tribal Governments Pub. L. 107–295, 116 Stat. 2064; Department Paperwork Reduction Act of 1995 (44 This rule does not have tribal of Homeland Security Delegation No. 0170.1. U.S.C. 3501–3520). implications under Executive Order ■ 2. Revise § 165.939 to read as follows: 5. Federalism 13175, Consultation and Coordination with Indian Tribal Governments, § 165.939 Safety Zones; Annual Events in A rule has implications for federalism because it would not have a substantial the Captain of the Port Buffalo Zone. under Executive Order 13132, direct effect on one or more Indian (a) Safety Zones. The following are Federalism, if it has a substantial direct tribes, on the relationship between the designated as safety zones. The effect on the States, on the relationship Federal Government and Indian tribes, enforcement dates and times for each of between the national government and or on the distribution of power and the safety zones listed in this section are the States, or on the distribution of responsibilities between the Federal subject to change, but the duration of power and responsibilities among the Government and Indian tribes. enforcement would remain the same or various levels of government. We have nearly the same as the total number of 12. Energy Effects analyzed this rule under that Order and hours as published. In the event of a determined that this rule does not have This rule is not a ‘‘significant energy change, the Captain of the Port Sector implications for federalism. action’’ under Executive Order 13211, Buffalo will provide notice to the public Actions Concerning Regulations That 6. Protest Activities by publishing a Notice of Enforcement Significantly Affect Energy Supply, in the Federal Register, as well as, The Coast Guard respects the First Distribution, or Use. issuing a Broadcast Notice to Mariners. Amendment rights of protesters. 13. Technical Standards (1) Boldt Castle 4th of July Fireworks, Protesters are asked to contact the Heart Island, NY. (i) Location. All U.S. person listed in the FOR FURTHER This rule does not use technical waters of the Saint Lawrence River INFORMATION CONTACT section to standards. Therefore, we did not within a 1,120 foot radius of land coordinate protest activities so that your consider the use of voluntary consensus position 44°20′38.5″ N, 075°55′19.1″ W message can be received without standards. (NAD 83) at Heart Island, NY. jeopardizing the safety or security of 14. Environment (ii) Enforcement period. July 4 from people, places or vessels. We have analyzed this rule under 8:30 p.m. to 10:30 p.m. each year. (2) Clayton Chamber of Commerce 7. Unfunded Mandates Reform Act Department of Homeland Security Fireworks, Calumet Island, NY. (i) The Unfunded Mandates Reform Act Management Directive 023–01 and Commandant Instruction M16475.lD, Location. All U.S. waters of the Saint of 1995 (2 U.S.C. 1531–1538) requires Lawrence River within an 840 foot Federal agencies to assess the effects of which guide the Coast Guard in ° ′ ″ complying with the National radius of land position 44 15 04 N, their discretionary regulatory actions. In 076°05′40″ W (NAD 83) at Calumet particular, the Act addresses actions Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and Island, NY. that may result in the expenditure by a (ii) Enforcement period. July 3 from 9 State, local, or tribal government, in the have made a preliminary determination that this action is one of a category of p.m. to 11:30 p.m. of each year. aggregate, or by the private sector of (3) French Festival Fireworks, Cape actions that do not individually or $100,000,000 (adjusted for inflation) or Vincent, NY. (i) Location. All U.S. more in any one year. Though this rule cumulatively have a significant effect on the human environment. This rule is waters of the Saint Lawrence River would not result in such an within an 840 foot radius of land expenditure, we do discuss the effects of categorically excluded, under figure 2– ° ′ ″ ° ′ ″ 1, paragraph (34)(g), of the Commandant position 44 07 54.6 N, 076 20 01.3 W this rule elsewhere in this preamble. Instruction because it involves the (NAD 83) in Cape Vincent, NY. (ii) Enforcement period. The second 8. Taking of Private Property establishment of a safety zone. An environmental analysis checklist weekend of July from 9:15 p.m. to 11 This rule would not cause a taking of and a categorical exclusion p.m. each year. private property or otherwise have determination are available in the (4) Lyme Community Days, taking implications under Executive docket where indicated under Chaumont, NY. (i) Location. All U.S. Order 12630, Governmental Actions and waters of Chaumont Bay within a 560 ADDRESSES. We seek any comments or Interference with Constitutionally ° ′ ″ information that may lead to the foot radius of position 44 04 06.3 N, Protected Property Rights. ° ′ ″ discovery of a significant environmental 076 08 56.8 W (NAD 83) in Chaumont, 9. Civil Justice Reform impact from this rule. NY. (ii) Enforcement period. The fourth This rule meets applicable standards List of Subjects in 33 CFR Part 165 weekend of July from 8:30 p.m. to 11 in sections 3(a) and 3(b)(2) of Executive Harbors, Marine Safety, Navigation p.m. each year. Order 12988, Civil Justice Reform, to (water), Reporting and recordkeeping (5) Village Fireworks, Sackets Harbor, minimize litigation, eliminate requirements, Security measures, NY. (i) Location. All U.S. waters of ambiguity, and reduce burden. Waterways. Black River Bay within an 840 foot radius of position 43°56′51.9″ N, 10. Protection of Children From For the reasons discussed in the 076°07′46.9″ W (NAD 83) in Sackets Environmental Health Risks preamble, the Coast Guard is amending 33 CFR part 165 as follows: Harbor, NY. We have analyzed this rule under (ii) Enforcement period. July 4 from Executive Order 13045, Protection of PART 165—REGULATED NAVIGATION 8:30 p.m. to 10:30 p.m. each year. Children from Environmental Health AREAS AND LIMITED ACCESS AREAS (6) Can-Am Festival, Sackets Harbor, Risks and Safety Risks. This rule is not NY. (i) Location. All U.S. waters of an economically significant rule and ■ 1. The authority citation for Part 165 Black River Bay within a 1,120 foot would not create an environmental risk continues to read as follows: radius of position 43°57′15.9″ N,

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076°06′39.2″ W (NAD 83) in Sackets (ii) Enforcement period. July 3 from (23) Mentor Harbor Yacht Club Harbor, NY. 9:30 p.m. to 10:30 p.m. each year. Fireworks, Mentor Harbor, OH. (i) (ii) Enforcement period. The third (15) Rochester Harbor and Carousel Location. All U.S. waters of Lake Erie weekend of July from 9 p.m. to 10:45 Festival, Rochester, NY. (i) Location. All and Mentor Harbor within a 700 foot p.m. each year. U.S. waters of Lake Ontario within a radius of land position 41°43′36″ N, (7) Oswego Harborfest, Oswego, NY. 1,120 foot radius of land position 081°21′09″ W (NAD 83) in Mentor (i) Location. All U.S. waters of Lake 43°15′40.2″ N, 077°36′05.1″ W (NAD 83) Harbor, OH. Ontario within a 1,000 foot radius of in Rochester, NY. (ii) Enforcement period. July 3 from 9 position 43°28′10″ N, 076°31′04″ W (ii) Enforcement period. The fourth p.m. to 10:30 p.m. each year. (NAD 83) in Oswego, NY. Monday of June from 8 p.m. to 10 p.m. (24) Browns Football Halftime (ii) Enforcement period. The last each year. Fireworks, Cleveland, OH. (i) Location. Saturday of July from 9 to 10:30 p.m. (16) A Salute to our Heroes, Hamlin All U.S. waters of Cleveland Harbor and each year. Beach State Park, NY. (i) Location. All Lake Erie encompassed by a line (8) Brewerton Fireworks, Brewerton, U.S. waters of Lake Ontario within a 560 beginning at approximate land position NY. (i) Location. All U.S. waters of Lake foot radius of land position 43°21′51.9″ 41°30′49.4″ N, 081°41′37.2″ W (the Oneida within an 840 foot radius of N, 077°56′59.6″ W (NAD 83) in Hamlin, northwest corner of Burke Lakefront ° ′ ″ barge position 43 14 16.4 N, NY. Airport); continuing northwest to ° ′ ″ 076 08 03.6 W (NAD 83) in Brewerton, (ii) Enforcement period. The first 41°31′10.6″ N, 081°41′53.0″ W; then NY. weekend of July from 9:45 p.m. to 11:30 southwest to 41°30′48.6″ N, (ii) Enforcement period. July 3 from 9 p.m. each year. 081°42′30.9″ W (the northwest corner of p.m. to 10:30 p.m. each year. (17) Olcott Fireworks, Olcott, NY. (i) dock 28 at the Cleveland Port Authority) (9) Celebrate Baldwinsville Fireworks, Location. All U.S. waters of Lake then northeast back to the starting point Baldwinsville, NY. (i) Location. All U.S. Ontario within a 1,120 foot radius of at 41°30′49.4″ N, 081°41′37.2″ W (NAD waters of the Seneca River within a 700 ° ′ ″ land position 43 20 23.6 N, 83). foot radius of land position 43°09′24.9″ 078°43′09.5″ W (NAD 83) in Olcott, NY. ° ′ ″ (ii) Enforcement period. On a Sunday N, 076 20 18.9 W (NAD 83) in (ii) Enforcement period. July 3 from during the second or third Cleveland Baldwinsville, NY. 9:30 p.m. to 11 p.m. of each year. Browns home game each year. The (ii) Enforcement period. The first (18) North Tonawanda Fireworks, Captain of the Port will issue a Notice weekend of July from 9 p.m. to 11 p.m. North Tonawanda, NY. (i) Location. All of Enforcement each year for this each year. U.S. waters of the East Niagara River Browns Football Halftime Fireworks’ (10) Island Festival Fireworks, within a 1,400 foot radius of land Baldwinsville, NY. (i) Location. All U.S. position 43°01′39.6″ N, 078°53′07.5″ W safety zone. (25) City of Cleveland 4th of July, waters of the Seneca River within a (NAD 83) in North Tonawanda, NY. 1,120 foot radius of land position (ii) Enforcement period. July 4 from Cleveland, OH. (i) Location. All U.S. 43°09′22″ N, 076°20′15″ W (NAD 83) in 8:45 p.m. to 10:15 p.m. of each year. waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of Baldwinsville, NY. (19) Tonawanda’s Canal Fest ° ′ ″ ° ′ ″ (ii) Enforcement period. The first Fireworks, Tonawanda, NY. (i) Location. land position 41 30 10 N, 081 42 36 W weekend of July from 9:30 p.m. to 11 All U.S. waters of the East Niagara River (NAD 83) at Dock 20 in Cleveland, OH. p.m. each year. within a 210 foot radius of land position (ii) Enforcement period. July 4 from (11) Seneca River Days, Baldwinsville, 43°01′17.8″ N, 078°52′40.9″ W (NAD 83) 9:30 p.m. to 11 p.m. each year. NY. (i) Location. All U.S. waters of the in Tonawanda, NY. (26) Cleveland Yachting Club Seneca River within an 840 foot radius (ii) Enforcement period. The fourth Fireworks Display, Rocky River, OH. (i) of land position 43°09′25″ N, 076°20′21″ Sunday of July from 9 p.m. to 10:30 p.m. Location. All U.S. waters of the Rocky River and Lake Erie within a 560 foot W (NAD 83) in Baldwinsville, NY. each year. ° ′ ″ (ii) Enforcement period. The second (20) Celebrate Erie Fireworks, Erie, radius of land position 41 29 25.7 N, ° ′ ″ weekend of July from 9 p.m. to 10:30 PA. (i) Location. All U.S. waters of 081 50 18.5 W (NAD 83), at Sunset p.m. each year. Presque Isle Bay within an 800 foot Point on the western side of the mouth (12) City of Syracuse Fireworks radius of land position 42°08′19″ N, of the Rocky River in Cleveland, OH. Celebration, Syracuse, NY. (i) Location. 080°05′29″ W (NAD 83) in Erie, PA. (ii) Enforcement period. The second All U.S. waters of Onondaga Lake (ii) Enforcement period. The third Thursday of July from 9:15 p.m. to 11 within a 350 foot radius of land position weekend of August from 9:45 p.m. to p.m. each year. 43°03′37″ N, 076°09′59″ W (NAD 83) in 10:30 p.m. each year. (27) Sheffield Lake Fireworks, Syracuse, NY. (21) Conneaut Fourth of July Sheffield Lake, OH. (i) Location. All (ii) Enforcement period. The last Fireworks, Conneaut, OH. (i) Location. U.S. waters of Lake Erie within a 700 weekend of June from 9:30 p.m. to 10:30 All U.S. waters of Lake Erie within an foot radius of land position 41°29′26.2″ p.m. each year. 840 foot radius of position 41°58′01.3″ N, 082°06′47.7″ W (NAD 83), at the lake (13) Tom Graves Memorial Fireworks, N, 080°33′39.5″ W (NAD 83) in Erie, PA. front area in Sheffield Lake, OH. Port Bay, NY. (i) Location. All U.S. (ii) Enforcement period. The first (ii) Enforcement period. The second waters of Port Bay within an 840 foot Sunday of July from 9 p.m. to 11:30 p.m. Friday of July from 9:30 p.m. to 11 p.m. radius of barge position 43°18′14.8″ N, each year. each year. 076°50′17.3″ W (NAD 83) in Port Bay, (22) Fairport Harbor Mardi Gras, (28) Lorain 4th of July Celebration NY. Fairport, OH. (i) Location. All U.S. Fireworks, Lorain, OH. (i) Location. All (ii) Enforcement period. July 3 from 9 waters of Lake Erie within a 350 foot U.S. waters of Lorain Harbor within a p.m. to 10:30 p.m. of each year. radius of land position 41°45′30″ N, 1,400 foot radius of land position (14) Village Fireworks, Sodus Point, 081°16′18″ W (NAD 83) east of the 41°28′35.5″ N, 082°10′51.3″ W (NAD NY. (i) Location. All U.S. waters of harbor entrance at Fairport Harbor 83), east of the harbor entrance on the Sodus Bay within a 1,120 foot radius of Beach, OH. end of the break wall near Spitzer’s land position 43°16′28.7″ N, (ii) Enforcement period. The Marina. 076°58′27.5″ W (NAD 83) in Sodus beginning of the second week of July (ii) Enforcement period. July 4 from Point, NY. from 9 p.m. to 10:30 p.m. each year. 9:15 p.m. to 11 p.m. each year.

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(29) Lorain Port Fest Fireworks (35) Cleveland National Air show, application of this section is Display, Lorain, OH. (i) Location. All Cleveland, OH. (i) Location. The safety unnecessary or impractical for the U.S. waters of Lorain Harbor within a zone encompass the portion of Lake Erie purposes of public or environmental 750 foot radius of land position and Cleveland Harbor within a line safety. 41°28′02.4″ N, 082°10′21.9″ W (NAD 83) originating near Burke Lakefront Airport (f) Notification. The Captain of the in Lorain, OH. from position 41°30′20″ N and Port Buffalo will notify the public that (ii) Enforcement period. The third 081°42′20″ W to 41°30′50″ N and the safety zones in this section are or weekend of July from 9:45 p.m. to 11 081°42′49″ W, to 41°32′09″ N and will be enforced by all appropriate p.m. each year. 081°39′49″ W, to 41°31′53″ N and means to the affected segments of the (30) Thunder of the Niagara 081°39′24″ W, then return to the original public through publication in the Hydroplane boat races, North position (NAD 83). Federal Register as practicable, in Tonawanda, NY. (i) Location. All U.S. (ii) Enforcement period. On the Friday accordance with 33 CFR 165.7(a). waters of Niagara River, near North before Labor Day through the Additionally, the enforcement dates and Tonawanda, NY within 2 miles of the Wednesday following Labor Day with times for each of the safety zones listed North Grand Island Bridge, maximum daily times from 8 a.m. to 6 above are subject to change, though the encompassed by a line starting at p.m. The daily time period will be duration of enforcement would remain 43°03′32.95″ N, 078°54′46.93″ W to reduced as operations permit. the same or nearly the same total 43°03′14.55″ N, 078°55′15.97″ W then to (b) Definitions. The following number of hours as stated above. In 43°02′39.72″ N, 078°54′13.05″ W then to definitions apply to this section: either event, whether the safety zones 43°02′59.99″ N, 078°53′41.99″ W and (1) On-scene Representative means occur at the dates and times as stated returning to the point of origin (NAD any Coast Guard commissioned, above, or whether the date or time of a 83). warrant, or petty officer designated by safety zone changes, the Captain of the (ii) Enforcement period. The second the Captain of the Port Buffalo to Port Buffalo will similarly make such of weekend of August from 9 a.m. to 5 monitor a safety zone, permit entry into notification as described in this p.m. each year. the zone, give legally enforceable orders paragraph (f). Such means of further (31) Antique Boat Show Hydroplane to persons or vessels within the zones, notification may also include, but are boat races, Grand Island, NY. (i) and take other actions authorized by the not limited to Broadcast Notice to Location. All waters of Niagara River, Captain of the Port. Mariners or Local Notice to Mariners. (2) Public vessel means vessels Grand Island, NY encompassed by a line The Captain of the Port will issue a owned, chartered, or operated by the starting at position 42°59′59″ N, Broadcast Notice to Mariners notifying United States, or by a State or political 078°56′22″ W, East to 49°59′54″ the public when enforcement of the ° ′ ″ ° ′ ″ subdivision thereof. safety zone is cancelled. N,078 56 14 W, South to 42 57 54 N, (c) Regulations. In accordance with 078°56′04″ W, West to 42°057′48″ N, Dated: June 12, 2014. ° ′ ″ the general regulations in § 165.23, entry 078 56 22 W and returning to the point into, transiting, or anchoring within is B. W. Roche, of origin (NAD 83) the aforementioned safety zones are Captain, U.S. Coast Guard, Captain of the (ii) Enforcement period. The first prohibited unless authorized by the Port Buffalo. weekend of September from 9 a.m. to 4 Captain of the Port Buffalo or his [FR Doc. 2014–15119 Filed 6–26–14; 8:45 am] p.m. each year. designated on-scene representative. BILLING CODE 9110–04–P (32) D-Day Conneaut Air Show, (1) The safety zones described in Conneaut, OH. (i) Location. All U.S. paragraph (a) of this section are closed waters of Conneaut Township Park, to all vessel traffic, except as may be DEPARTMENT OF HOMELAND Lake Erie, Conneaut, OH encompassed SECURITY ° ′ permitted by the Captain of the Port by a line starting at 41 57.71 N, Buffalo or his designated on-scene 080°34.18′ W; to 41°58.36′N, 080°34.17′ Coast Guard ° ′ ° ′ representative. W; then to 41 58.53 N, 080 33.55 W; to (2) Vessel operators desiring to enter ° ′ ° ′ 41 58.03 N, 080 33.72 W; and returning or operate within the safety zones 33 CFR Part 165 to the point of origin. (NAD 83). described in paragraph (a) of this [Docket Number USCG–2014–0188] (ii) Enforcement period. The third section must contact the Captain of the weekend of August from 1:45 p.m. to Port Buffalo or his on-scene RIN 1625–AA00 5:30 p.m. each year. representative to obtain permission to Safety Zone; Celebrate the Amboys (33) Bay Swim, Erie, PA. (i) Location. do so. The Captain of the Port Buffalo Fireworks; Raritan Bay, Perth Amboy, All U.S. waters of Presque Isle Bay, Erie, or his on-scene representative may be NJ PA within a 1000 feet of a line starting contacted via VHF Channel 16. Vessel at Vista 3 in Presque Isle State Park at operators given permission to enter or AGENCY: Coast Guard, DHS. ° ′ ″ ° ′ ″ position 42 07 29.30 N, 80 08 48.82 W operate in a safety zone must comply ACTION: Temporary final rule. and ending at to the Erie Yacht Club at with all directions given to them by the position 42°07′21.74″ N, 80°07′58.30″ W Captain of the Port Buffalo, or his on- SUMMARY: The Coast Guard is (NAD 83). scene representative. establishing a temporary safety zone on (ii) Enforcement period. The third (d) Exemption. Public vessels, as the navigable waters of Raritan Bay in week in June each year. defined in paragraph (c) of this section, the vicinity of Perth Amboy, New Jersey (34) Rover Fest fireworks display, are exempt from the requirements in for a fireworks display. This temporary Cleveland, OH. (i) Location. All U.S. this section. safety zone is necessary to protect waters of Lake Erie, Cleveland, OH (e) Waiver. For any vessel, the Captain spectators and vessels from the hazards within a 280 foot radius from position of the Port Buffalo or his designated associated with fireworks displays. This 41°30′34.23″ N and 081°41′ 55.73″ W representative may waive any of the rule is intended to restrict all vessels (NAD 83). requirements of this section, upon from a portion of Raritan Bay before, (ii) Enforcement period. The second finding that operational conditions or during, and immediately after the or third weekend of July each year. other circumstances are such that fireworks event.

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DATES: This rule is effective from 8:45 B. Basis and Purpose operated and are not dominant in their p.m. on July 3, 2014 to 10:15 p.m. on The legal basis for this rule is 33 fields, and governmental jurisdictions July 4, 2014. U.S.C. 1231; 46 U.S.C. Chapter 701, with populations of less than 50,000. The Coast Guard received 0 comments ADDRESSES: Documents mentioned in 3306, 3703; 50 U.S.C. 191, 195; 33 CFR this preamble are part of docket [USCG– 1.05–1, 6.04–1, 6.04–6, 160.5; Public from the Small Business Administration 2014–0188]. To view documents Law 107–295, 116 Stat. 2064; on this rule. The Coast Guard certifies mentioned in this preamble as being Department of Homeland Security under 5 U.S.C. 605(b) that this rule will available in the docket, go to http:// Delegation No. 0170.1. not have a significant economic impact www.regulations.gov, type the docket This temporary safety zone is on a substantial number of small number in the ‘‘SEARCH’’ box and click necessary to ensure the safety of entities. ‘‘SEARCH.’’ Click on Open Docket spectators and vessels from hazards This proposed rule will affect the Folder on the line associated with this associated with the fireworks display. following entities, some of which may rulemaking. You may also visit the C. Discussion of Comments, Changes be small entities: The owners and Docket Management Facility in Room and the Final Rule operators of vessels intending to transit W12–140 on the ground floor of the or anchor in a small portion of Raritan No comments were received but one Department of Transportation West Bay during the effective period. change was made to the final rule. The Building, 1200 New Jersey Avenue SE., sponsor changed the event date to July This safety zone would not have a Washington, DC 20590, between 9 a.m. 3, 2014 and added July 4, 2014 as a rain significant economic impact on a and 5 p.m., Monday through Friday, date. The NPRM stated that the event substantial number of small entities for except Federal holidays. date was July 4, 2014. On April 18, the following reasons: This rule would FOR FURTHER INFORMATION CONTACT: If 2014, the Coast Guard received be in effect for only 90 minutes late at you have questions on this rule, call or notification via email that the event night when vessel traffic is low, vessel email Lieutenant Kristopher Kesting, sponsor requested the date of the event traffic can pass safely around the safety Sector NY Waterways Management, U.S. be changed to July 3, 2014 and that July zone, and the Coast Guard will notify Coast Guard; Telephone (718) 354–4154, 4, 2014 would be utilized as a rain date. mariners before activating the zone by Email [email protected]. If appropriate means which may include D. Regulatory Analyses you have questions on viewing or but are not limited to Local Notice to submitting material to the docket, call We developed this rule after Mariners and Broadcast Notice to Cheryl Collins, Program Manager, considering numerous statutes and Mariners. Docket Operations, telephone (202) executive orders related to rulemaking. 3. Assistance for Small Entities 366–9826. Below we summarize our analyses based on these statutes and executive Under section 213(a) of the Small SUPPLEMENTARY INFORMATION: orders. Business Regulatory Enforcement Table of Acronyms 1. Regulatory Planning and Review Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in COTP Captain of the Port This rule is not a significant understanding this rule. If the rule DHS Department of Homeland Security regulatory action under section 3(f) of FR Federal Register would affect your small business, NPRM Notice of Proposed Rulemaking Executive Order 12866, Regulatory organization, or governmental Planning and Review, as supplemented jurisdiction and you have questions A. Regulatory History and Information by Executive Order 13563, Improving concerning its provisions or options for Regulation and Regulatory Review, and On April 25, 2014, we published a compliance, please contact the person does not require an assessment of notice of proposed rulemaking (NPRM) listed in the FOR FURTHER INFORMATION potential costs and benefits under entitled Celebrate The Amboys CONTACT, above. section 6(a)(3) of Executive Order 12866 Fireworks; Raritan Bay, Perth Amboy, Small businesses may send comments or under section 1 of Executive Order NJ in the Federal Register (79 FR on the actions of Federal employees 13563. The Office of Management and 22919). We received no comments on who enforce, or otherwise determine Budget has not reviewed it under those the proposed rule. No public meeting compliance with, Federal regulations to Orders. was requested and none was held. The Coast Guard’s enforcement of this the Small Business and Agriculture Under 5 U.S.C. 553(d)(3), the Coast safety zone will be of short duration, Regulatory Enforcement Ombudsman Guard finds that good cause exists for lasting only 90 minutes. The safety zone and the Regional Small Business making this rule effective less than 30 will restrict access to only a small Regulatory Fairness Boards. The days after publication in the Federal portion of the navigable waterways of Ombudsman evaluates these actions Register. The rule must become Raritan Bay. Vessels will be able to annually and rates each agency’s effective on the date specified in order navigate around the proposed safety responsiveness to small business. If you to provide for the safety of spectators zone. Furthermore, vessels may be wish to comment on actions by and vessels operating in the area near authorized to transit through the safety employees of the Coast Guard, call 1– this event. Delaying the effective date of zone with the permission of the COTP. 888–REG–FAIR (1–888–734–3247). The this rule would be contrary to the public Coast Guard will not retaliate against interest and would expose spectators 2. Impact on Small Entities small entities that question or complain and vessels to the hazards associated The Regulatory Flexibility Act of 1980 about this rule or any policy or action with the fireworks event. The sponsor (RFA), 5 U.S.C. 601–612, as amended, of the Coast Guard. advised that any change to the date of requires federal agencies to consider the 4. Collection of Information the event would cause economic potential impact of regulations on small hardship on the event sponsor, entities during rulemaking. The term This rule will not call for a new negatively impacting other activities ‘‘small entities’’ comprises small collection of information under the being held in conjunction with the businesses, not-for-profit organizations Paperwork Reduction Act of 1995 (44 event. that are independently owned and U.S.C. 3501–3520).

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5. Federalism because it does not have a substantial § 165.T01–0188 Safety Zone; Celebrate the direct effect on one or more Indian Amboys Fireworks; Raritan Bay, Perth A rule has implications for federalism Amboy, NJ. under Executive Order 13132, tribes, on the relationship between the Federalism, if it has a substantial direct Federal Government and Indian tribes, (a) Regulated Area. The following area effect on the States, on the relationship or on the distribution of power and is a temporary safety zone: all navigable between the national government and responsibilities between the Federal waters of Raritan Bay within a 360 yard the States, or on the distribution of Government and Indian tribes. radius around position 40°29′16.8″ N, power and responsibilities among the 12. Energy Effects 074°15′32.4″ W. various levels of government. We have This action is not a ‘‘significant (b) Enforcement Period. This rule will analyzed this rule under that Order and energy action’’ under Executive Order be enforced on July 3, 2014 from 8:45 determined that this rule does not have 13211, Actions Concerning Regulations p.m. to 10:15 p.m., or in the event of implications for federalism. That Significantly Affect Energy Supply, inclement weather this rule will be 6. Protest Activities Distribution, or Use. enforced on July 4, 2014, same times apply. The Coast Guard respects the First 13. Technical Standards Amendment rights of protesters. (c) Definitions. The following Protesters are asked to contact the This rule does not use technical definitions apply to this section: standards. Therefore, we did not person listed in the FOR FURTHER consider the use of voluntary consensus (1) Designated Representative. A INFORMATION CONTACT section to standards. ‘‘designated representative’’ is any Coast coordinate protest activities so that your Guard commissioned, warrant or petty message can be received without 14. Environment officer of the U.S. Coast Guard who has jeopardizing the safety or security of We have analyzed this rule under been designated by the Captain of the people, places or vessels. Department of Homeland Security Port New York (COTP), to act on his or 7. Unfunded Mandates Reform Act Management Directive 023–01 and her behalf. A designated representative may be on an official patrol vessel or The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, which guide the Coast Guard in may be on shore and will communicate of 1995 (2 U.S.C. 1531–1538) requires with vessels via VHF–FM radio or Federal agencies to assess the effects of complying with the National Environmental Policy Act of 1969 loudhailer. In addition, members of the their discretionary regulatory actions. In Coast Guard Auxiliary may be present to particular, the Act addresses actions (NEPA)(42 U.S.C. 4321–4370f), and have determined that this action is one inform vessel operators of this that may result in the expenditure by a regulation. State, local, or tribal government, in the of a category of actions that do not aggregate, or by the private sector of individually or cumulatively have a (2) Official Patrol Vessels. Official $100,000,000 (adjusted for inflation) or significant effect on the human patrol vessels may consist of any Coast more in any one year. Though this rule environment. This rule involves Guard, Coast Guard Auxiliary, state, or will not result in such an expenditure, establishment of a temporary safety local law enforcement vessels assigned we do discuss the effects of this rule zone. This rule may be categorically or approved by the COTP. excluded from further review under elsewhere in this preamble. (d) Regulations. paragraph 34(g) of Figure 2–1 of the 8. Taking of Private Property Commandant Instruction. An (1) The general regulations contained This rule will not cause a taking of environmental analysis checklist in 33 CFR 165.23, as well as the private property or otherwise have supporting this determination and a following regulations, apply. taking implications under Executive Categorical Exclusion Determination are (2) No vessels, except for fireworks Order 12630, Governmental Actions and available in the docket where indicated barge and accompanying vessels, will be Interference with Constitutionally under ADDRESSES. We seek any allowed to transit the safety zone Protected Property Rights. comments or information that may lead without the permission of the COTP, or to the discovery of a significant a designated representative. 9. Civil Justice Reform environmental impact from this rule. (3) All persons and vessels shall This rule meets applicable standards List of Subjects in 33 CFR Part 165 comply with the instructions of the in sections 3(a) and 3(b)(2) of Executive Marine safety, Navigation (water), COTP or a designated representative. Order 12988, Civil Justice Reform, to Upon being hailed by a U.S. Coast minimize litigation, eliminate Reporting and recordkeeping requirements, Waterways. Guard vessel by siren, radio, flashing ambiguity, and reduce burden. light or other means, the operator of a For the reasons discussed in the 10. Protection of Children vessel shall proceed as directed. preamble, the Coast Guard amends 33 We have analyzed this rule under CFR part 165 as follows: (4) Vessel operators desiring to enter Executive Order 13045, Protection of or operate within the regulated area Children from Environmental Health PART 165—REGULATED NAVIGATION shall contact the COTP or a designated Risks and Safety Risks. This rule is not AREAS AND LIMITED ACCESS AREA representative via VHF channel 16 or an economically significant rule and 718–354–4353 (Sector New York does not create an environmental risk to ■ 1. The authority citation for part 165 command center) to obtain permission health or risk to safety that may continues to read as follows: to do so. disproportionately affect children. Authority: 33 U.S.C. 1231; 46 U.S.C. Dated: June 11, 2014. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; G. Loebl, 11. Indian Tribal Governments 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. This rule does not have tribal 107–295, 116 Stat. 2064; Department of Captain, U.S. Coast Guard, Captain of the implications under Executive Order Homeland Security Delegation No. 0170.1. Port New York. 13175, Consultation and Coordination ■ 2. Add § 165.T01–0188 to read as [FR Doc. 2014–15115 Filed 6–26–14; 8:45 am] with Indian Tribal Governments, follows: BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND A. Regulatory History and Information Below we summarize our analyses SECURITY On April 25, 2014 the Coast Guard based on these statutes and executive published an NPRM entitled ‘‘Safety orders. Coast Guard Zone; Freeport Chamber of Commerce 1. Regulatory Planning and Review Fireworks Display; South Oyster Bay; 33 CFR Part 165 Freeport, NY’’ in the Federal Register This rule is not a significant [Docket Number USCG–2014–0240] (79 FR 22930). No public comments regulatory action under section 3(f) of were received on the proposed rule. No Executive Order 12866, Regulatory RIN 1625–AA00 public meeting was requested and none Planning and Review, as supplemented by Executive Order 13563, Improving Safety Zone; Freeport Chamber of was held. Regulation and Regulatory Review, and Commerce Fireworks Display; South Under 5 U.S.C. 553(d)(3), the Coast does not require an assessment of Oyster Bay; Freeport, NY Guard finds that good cause exists for making this rule effective less than 30 potential costs and benefits under AGENCY: Coast Guard, DHS. days after publication in the Federal section 6(a)(3) of Executive Order 12866 ACTION: Temporary final rule. Register. The comment period for the or under section 1 of Executive Order NPRM associated with the Freeport 13563. The Office of Management and SUMMARY: The Coast Guard is Chamber of Commerce Fireworks Budget has not reviewed it under those establishing a temporary safety zone on Display expired on May 27, 2014. The Orders. the navigable waters of South Oyster event is scheduled to occur on July 5, The Coast Guard determined that this Bay near Guy Lombardo Marina in 2014. Thus, there is now insufficient rulemaking is not a significant Freeport, NY for the Freeport Chamber time for a 30 day effective period before regulatory action for the following of Commerce Fireworks Display. This the need to enforce this safety zone on reasons: The safety zone will be action is necessary to provide for the July 5, 2014. enforced for a relatively short duration, safety of life on navigable waters during The fireworks display will take place just a little over an hour on a single day. the event. Entering into, transiting on July 5, 2014 to coincide with Also, the safety zone covers only a small through, remaining, anchoring or Independence Day. Delaying the portion of the navigable waterways and mooring within this safety zone is enforcement of this safety zone to allow waterway users may still transit around prohibited without permission from the a 30 day effective period will be the safety zone. Additionally, mariners Captain of the Port (COTP) Sector Long impractical and contrary to the public may request permission from the COTP Island Sound. interest because it would inhibit the Sector Long Island Sound or the DATES: This rule is effective from 8:45 Coast Guard’s ability to fulfill its designated representative to transit p.m. on July 5, 2014 until 10 p.m. on mission to keep the ports and through the zone. Finally, advance July 12, 2014. waterways safe. public notifications will be made to the ADDRESSES: Documents mentioned in B. Basis and Purpose local maritime community through the this preamble are part of docket [USCG– Local Notice to Mariners as well as The legal basis for this temporary rule Broadcast Notice to Mariners to 2014–0240]. To view documents is 33 U.S.C. 1231; 46 U.S.C. Chapter mentioned in this preamble as being maximize public awareness of this 701, 3306, 3703; 50 U.S.C. 191, 195; 33 safety zone. available in the docket, go to http:// CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; www.regulations.gov, type the docket Public Law 107–295, 116 Stat. 2064; 2. Impact on Small Entities number in the ‘‘SEARCH’’ box and click Department of Homeland Security ‘‘SEARCH.’’ Click on Open Docket The Regulatory Flexibility Act of 1980 Delegation No. 0170.1 which (RFA), 5 U.S.C. 601–612, as amended, Folder on the line associated with this collectively authorize the Coast Guard rulemaking. You may also visit the requires federal agencies to consider the to define regulatory safety zones. potential impact of regulations on small Docket Management Facility in Room This temporary rule is necessary to entities during rulemaking. The term W12–140 on the ground floor of the promote the safety of life on navigable ‘‘small entities’’ comprises small Department of Transportation West waterways during the Freeport Chamber businesses, not-for-profit organizations Building, 1200 New Jersey Avenue SE., of Commerce fireworks display in South that are independently owned and Washington, DC 20590, between 9 a.m. Oyster Bay near the Guy Lombardo operated and are not dominant in their and 5 p.m., Monday through Friday, Marina in Freeport, NY. except Federal holidays. fields, and governmental jurisdictions FOR FURTHER INFORMATION CONTACT: If C. Discussion of Comments, Changes with populations of less than 50,000. you have questions on this rule, call or and the Final Rule The Coast Guard received zero email Petty Officer Scott Baumgartner, No comments were received and no comments from the Small Business Prevention Department, Coast Guard changes have been made to the final Administration on this rule. The Coast Sector Long Island Sound, (203) 468– rule. The Coast Guard is establishing a Guard certifies under 5 U.S.C. 605(b) 4559, [email protected]. If safety zone for the Freeport Chamber of that this rule will not have a significant you have questions on viewing or Commerce fireworks display to provide economic impact on a substantial submitting material to the docket, call for the safety of life on navigable waters number of small entities. Cheryl Collins, Program Manager, during the event. This safety zone This rule will affect the following Docket Operations, telephone (202) includes all waters of South Oyster Bay entities, some of which may be small 366–9826. within 600 feet of the fireworks launch entities: The owners or operators of SUPPLEMENTARY INFORMATION: site located at Guy Lombardo Marina in vessels intending to enter, transit, Freeport, NY. anchor or moor within the safety zone Table of Acronyms during the enforcement period. The D. Regulatory Analyses COTP Captain of the Port temporary safety zone will not have a DHS Department of Homeland Security We developed this rule after significant economic impact on a FR Federal Register considering numerous statutes and substantial number of small entities for NPRM Notice of Proposed Rulemaking executive orders related to rulemaking. the same reasons discussed in the

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Regulatory Planning and Review coordinate protest activities so that your consider the use of voluntary consensus section. message can be received without standards. If you think that your business, jeopardizing the safety or security of 14. Environment organization, or governmental people, places or vessels. jurisdiction qualifies as a small entity We have analyzed this rule under and that this rule would have a 7. Unfunded Mandates Reform Act Department of Homeland Security significant economic impact on it, The Unfunded Mandates Reform Act Management Directive 023–01 and please submit a comment (see of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, ADDRESSES) explaining why you think it Federal agencies to assess the effects of which guide the Coast Guard in qualifies and how and to what degree their discretionary regulatory actions. In complying with the National this rule would economically affect it. particular, the Act addresses actions Environmental Policy Act of 1969 that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and 3. Assistance for Small Entities State, local, or tribal government, in the have determined that this action is one Under section 213(a) of the Small aggregate, or by the private sector of of a category of actions that do not Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or individually or cumulatively have a Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule significant effect on the human we want to assist small entities in will not result in such an expenditure, environment. This rule involves the understanding this rule. If the rule we do discuss the effects of this rule establishment of a safety zone and thus, would affect your small business, elsewhere in this preamble. it is categorically excluded from further organization, or governmental review under paragraph 34(g) of Figure 8. Taking of Private Property jurisdiction and you have questions 2–1 of the Commandant Instruction. An concerning its provisions or options for This rule will not cause a taking of environmental analysis checklist compliance, please contact the person private property or otherwise have supporting this determination and a listed in the FOR FURTHER INFORMATION taking implications under Executive Categorical Exclusion Determination are CONTACT, above. Order 12630, Governmental Actions and available in the docket where indicated Small businesses may send comments Interference with Constitutionally under ADDRESSES. We seek any on the actions of Federal employees Protected Property Rights. comments or information that may lead who enforce, or otherwise determine 9. Civil Justice Reform to the discovery of a significant compliance with, Federal regulations to environmental impact from this rule. the Small Business and Agriculture This rule meets applicable standards Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165 and the Regional Small Business Order 12988, Civil Justice Reform, to Harbors, Marine safety, Navigation Regulatory Fairness Boards. The minimize litigation, eliminate (water), Reporting and recordkeeping Ombudsman evaluates these actions ambiguity, and reduce burden. requirements, Security measures, Waterways. annually and rates each agency’s 10. Protection of Children From responsiveness to small business. If you Environmental Health Risks For the reasons discussed in the wish to comment on actions by preamble, the Coast Guard amends 33 employees of the Coast Guard, call 1– We have analyzed this rule under CFR part 165 as follows: 888–REG–FAIR (1–888–734–3247). The Executive Order 13045, Protection of Coast Guard will not retaliate against Children from Environmental Health PART 165—REGULATED NAVIGATION small entities that question or complain Risks and Safety Risks. This rule is not AREAS AND LIMITED ACCESS AREAS about this rule or any policy or action an economically significant rule and of the Coast Guard. 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: 4. Collection of Information disproportionately affect children. Authority: 33 U.S.C. 1231; 46 U.S.C. This rule will not call for a new 11. Indian Tribal Governments Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; collection of information under the 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Paperwork Reduction Act of 1995 (44 This rule does not have tribal Pub. L. 107–295, 116 Stat. 2064; Department U.S.C. 3501–3520). implications under Executive Order of Homeland Security Delegation No. 0170.1. 13175, Consultation and Coordination 5. Federalism ■ 2. Add § 165.T01–0240 to read as with Indian Tribal Governments, follows: A rule has implications for federalism because it does not have a substantial under Executive Order 13132, direct effect on one or more Indian § 165.T01–0240 Safety Zone; Freeport Federalism, if it has a substantial direct tribes, on the relationship between the Chamber of Commerce Fireworks Display; effect on the States, on the relationship Federal Government and Indian tribes, South Oyster Bay, Freeport, NY. between the national government and or on the distribution of power and (a) Location. The following area is a the States, or on the distribution of responsibilities between the Federal safety zone: All waters of South Oyster power and responsibilities among the Government and Indian tribes. Bay within a 600-foot radius of the various levels of government. We have fireworks launch site located at the Guy analyzed this rule under that Order and 12. Energy Effects Lombardo Marina in Freeport, NY in determined that this rule does not have This action is not a ‘‘significant approximate position 40°37′27.27″ N, implications for federalism. energy action’’ under Executive Order 073°34′34.64″ W North American Datum 13211, Actions Concerning Regulations 1983. 6. Protest Activities That Significantly Affect Energy Supply, (b) Enforcement Period. This rule will The Coast Guard respects the First Distribution, or Use. be enforced on July 5, 2014 from 8:45 Amendment rights of protesters. p.m. to 10:00 p.m. If the event is Protesters are asked to contact the 13. Technical Standards postponed due to inclement weather, person listed in the FOR FURTHER This rule does not use technical then this rule will be enforced on July INFORMATION CONTACT section to standards. Therefore, we did not 12, 2014 from 8:45 p.m. to 10:00 p.m.

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(c) Regulations. The general DEPARTMENT OF HOMELAND A. Regulatory History and Information regulations contained in 33 CFR 165.23 SECURITY apply. During the enforcement period, The Coast Guard is issuing this temporary final rule without prior entering into, transiting through, Coast Guard notice and opportunity to comment remaining, mooring or anchoring within 33 CFR Part 165 pursuant to authority under section 4(a) this safety zone is prohibited unless of the Administrative Procedure Act authorized by the Captain of the Port (APA) (5 U.S.C. 553(b)). This provision [Docket Number USCG–2014–0473] (COTP) or the designated authorizes an agency to issue a rule representatives. without prior notice and opportunity to (1) Definitions. The following RIN 1625–AA00 comment when the agency for good definitions apply to this section: cause finds that those procedures are Safety Zone; Independence Day ‘‘impracticable, unnecessary, or contrary (i) Designated Representative. A Celebration Fireworks, Lake Ontario, to the public interest.’’ Under 5 U.S.C. ‘‘designated representative’’ is any Oswego, NY commissioned, warrant or petty officer 553(b)(B), the Coast Guard finds that good cause exists for not publishing a of the U.S. Coast Guard who has been AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) designated by the COTP, Sector Long ACTION: Temporary final rule. with respect to this rule because doing Island Sound, to act on his or her behalf. so would be impracticable and contrary SUMMARY: The Coast Guard is The designated representative may be to the public interest. The final details establishing a temporary safety zone on on an official patrol vessel or may be on for this event were not known to the Lake Ontario, Oswego, NY. This safety shore and will communicate with Coast Guard until there was insufficient zone is intended to restrict vessels from vessels via VHF–FM radio or loudhailer. time remaining before the event to a portion of Lake Ontario during the In addition, members of the Coast Guard publish an NPRM. Thus, delaying the Independence Day Celebration Auxiliary may be present to inform effective date of this rule to wait for a Fireworks display. This temporary vessel operators of this regulation. comment period to run would be both safety zone is necessary to protect impracticable and contrary to the public (ii) Official Patrol Vessels. Official mariners and vessels from the interest because it would inhibit the patrol vessels may consist of any Coast navigational hazards associated with a Coast Guard’s ability to protect Guard, Coast Guard Auxiliary, state, or fireworks display. local law enforcement vessels assigned spectators and vessels from the hazards DATES: This rule will be effective from or approved by the COTP Sector Long associated with a maritime fireworks 9:15 p.m. until 10:45 p.m. on July 6, Island Sound. display, which are discussed further 2014. below. (iii) Spectators. All persons and ADDRESSES: Under 5 U.S.C. 553(d)(3), the Coast vessels not registered with the event Documents mentioned in this preamble are part of docket [USCG– Guard finds that good cause exists for sponsor as participants or official patrol 2014–0473]. To view documents making this temporary rule effective less vessels. mentioned in this preamble as being than 30 days after publication in the (2) Spectators desiring to enter or available in the docket, go to http:// Federal Register. For the same reasons operate within the regulated area should www.regulations.gov, type the docket discussed in the preceding paragraph, contact the COTP Sector Long Island number in the ‘‘SEARCH’’ box and click waiting for a 30-day notice period to run Sound at 203–468–4401 (Sector Long ‘‘SEARCH.’’ Click on Open Docket would be impracticable and contrary to Island Sound command center) or the Folder on the line associated with this the public interest. designated representative via VHF rulemaking. You may also visit the B. Basis and Purpose channel 16 to obtain permission to do Docket Management Facility in Room so. Spectators given permission to enter W12–140 on the ground floor of the Between 9:15 p.m. and 10:45 p.m. on or operate in the safety zone must Department of Transportation West July 6, 2014, a fireworks display will be comply with all directions given to Building, 1200 New Jersey Avenue SE., held on Lake Ontario in Oswego, NY. them by the COTP Sector Long Island Washington, DC 20590, between 9 a.m. The Captain of the Port Buffalo has Sound or the designated on-scene and 5 p.m., Monday through Friday, determined that fireworks launched representative. except Federal holidays. proximate to a gathering of watercraft pose a significant risk to public safety (3) Upon being hailed by an official FOR FURTHER INFORMATION CONTACT: If and property. Such hazards include patrol vessel or the designated you have questions on this rule, call or email LT Christopher Mercurio, Chief of premature and accidental detonations, representative, by siren, radio, flashing dangerous projectiles, and falling or light or other means, the operator of the Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716– burning debris. vessel shall proceed as directed. Failure 843–9343, email to comply with a lawful direction may C. Discussion of the Final Rule [email protected]. If result in expulsion from the safety zone, you have questions on viewing the With the aforementioned hazards in citation for failure to comply, or both. docket, call Renee V. Wright, Program mind, the Captain of the Port Buffalo Dated: June 13, 2014. Manager, Docket Operations, telephone has determined that this temporary E. J. Cubanski, III, (202) 366–9826. safety zone is necessary to ensure the Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: safety of spectators and vessels during Port Sector Long Island Sound. the Independence Day Celebration Table of Acronyms Fireworks display. This zone will be [FR Doc. 2014–15117 Filed 6–26–14; 8:45 am] DHS Department of Homeland Security effective and enforced from 9:15 p.m. BILLING CODE 9110–04–P FR Federal Register until 10:45 p.m. on July 6, 2014. This NPRM Notice of Proposed Rulemaking zone will encompass all waters of Lake TFR Temporary Final Rule Ontario, Oswego, NY, within an 840-

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foot radius of position 43°27′54.25″ N entities: The owners or operators of 6. Unfunded Mandates Reform Act ° ′ ″ and 76 30 57.75 W (NAD 83). vessels intending to transit or anchor in The Unfunded Mandates Reform Act Entry into, transiting, or anchoring a portion of Lake Ontario on the evening of 1995 (2 U.S.C. 1531–1538) requires within the safety zone is prohibited of July 6, 2014. Federal agencies to assess the effects of unless authorized by the Captain of the This safety zone will not have a their discretionary regulatory actions. In Port Buffalo or his designated on-scene significant economic impact on a particular, the Act addresses actions representative. The Captain of the Port substantial number of small entities for that may result in the expenditure by a or his designated on-scene the following reasons: This safety zone State, local, or tribal government, in the representative may be contacted via would be activated, and thus subject to aggregate, or by the private sector of VHF Channel 16. enforcement, for only 90 minutes late in $100,000,000 (adjusted for inflation) or D. Regulatory Analyses the day. Traffic may be allowed to pass more in any one year. Though this rule through the zone with the permission of will not result in such an expenditure, We developed this rule after the Captain of the Port. The Captain of considering numerous statutes and we do discuss the effects of this rule the Port can be reached via VHF elsewhere in this preamble. executive orders related to rulemaking. channel 16. Before the activation of the Below we summarize our analyses zone, we would issue local Broadcast 7. Taking of Private Property based on these statutes and executive Notice to Mariners. This rule will not cause a taking of orders. 3. Assistance for Small Entities private property or otherwise have 1. Regulatory Planning and Review taking implications under Executive This rule is not a significant Under section 213(a) of the Small Order 12630, Governmental Actions and regulatory action under section 3(f) of Business Regulatory Enforcement Interference with Constitutionally Executive Order 12866, Regulatory Fairness Act of 1996 (Pub. L. 104–121), Protected Property Rights. we want to assist small entities in Planning and Review, as supplemented 8. Civil Justice Reform by Executive Order 13563, Improving understanding this rule. If the rule This rule meets applicable standards Regulation and Regulatory Review, and would affect your small business, in sections 3(a) and 3(b)(2) of Executive does not require an assessment of organization, or governmental Order 12988, Civil Justice Reform, to potential costs and benefits under jurisdiction and you have questions minimize litigation, eliminate section 6(a)(3) of Executive Order 12866 concerning its provisions or options for ambiguity, and reduce burden. or under section 1 of Executive Order compliance, please contact the person 13563. The Office of Management and listed in the FOR FURTHER INFORMATION 9. Protection of Children Budget has not reviewed it under those CONTACT section above. Small businesses may send comments We have analyzed this rule under Orders. Executive Order 13045, Protection of We conclude that this rule is not a on the actions of Federal employees who enforce, or otherwise determine Children from Environmental Health significant regulatory action because we Risks and Safety Risks. This rule is not anticipate that it will have minimal compliance with, Federal regulations to the Small Business and Agriculture an economically significant rule and impact on the economy, will not does not create an environmental risk to interfere with other agencies, will not Regulatory Enforcement Ombudsman and the Regional Small Business health or risk to safety that may adversely alter the budget of any grant disproportionately affect children. or loan recipients, and will not raise any Regulatory Fairness Boards. The novel legal or policy issues. The safety Ombudsman evaluates these actions 10. Indian Tribal Governments annually and rates each agency’s zone created by this rule will be This rule does not have tribal responsiveness to small business. If you relatively small and enforced for implications under Executive Order wish to comment on actions by relatively short time. Also, the safety 13175, Consultation and Coordination employees of the Coast Guard, call zone is designed to minimize its impact with Indian Tribal Governments, 1–888–REG–FAIR (1–888–734–3247). on navigable waters. Furthermore, the because it does not have a substantial The Coast Guard will not retaliate safety zone has been designed to allow direct effect on one or more Indian against small entities that question or vessels to transit around it. Thus, tribes, on the relationship between the complain about this rule or any policy restrictions on vessel movement within Federal Government and Indian tribes, or action of the Coast Guard. that particular area are expected to be or on the distribution of power and minimal. Under certain conditions, 4. Collection of Information responsibilities between the Federal moreover, vessels may still transit Government and Indian tribes. through the safety zone when permitted This rule will not call for a new by the Captain of the Port. collection of information under the 11. Energy Effects Paperwork Reduction Act of 1995 (44 2. Impact on Small Entities This action is not a ‘‘significant U.S.C. 3501–3520). energy action’’ under Executive Order Under the Regulatory Flexibility Act 5. Federalism 13211, Actions Concerning Regulations (5 U.S.C. 601–612), we have considered That Significantly Affect Energy Supply, the impact of this rule on small entities. A rule has implications for federalism Distribution, or Use. The Coast Guard certifies under 5 U.S.C. under Executive Order 13132, 605(b) that this rule will not have a Federalism, if it has a substantial direct 12. Technical Standards significant economic impact on a effect on the States, on the relationship This rule does not use technical substantial number of small entities. between the national government and standards. Therefore, we did not The Coast Guard certifies under 5 U.S.C. the States, or on the distribution of consider the use of voluntary consensus 605(b) that this rule will not have a power and responsibilities among the standards. significant economic impact on a various levels of government. We have substantial number of small entities. analyzed this rule under that Order and 13. Environment This rule will affect the following determined that this rule does not have We have analyzed this rule under entities, some of which might be small implications for federalism. Department of Homeland Security

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Management Directive 023–01 and permitted by the Captain of the Port FOR FURTHER INFORMATION CONTACT: If Commandant Instruction M16475.lD, Buffalo or his designated on-scene you have questions on this notice of which guide the Coast Guard in representative. enforcement, contact Petty Officer Third complying with the National (3) The ‘‘on-scene representative’’ of Class Patrick Hunsaker at (304) 733– Environmental Policy Act of 1969 the Captain of the Port Buffalo is any 0198, or you may email him at STL-PF- (NEPA) (42 U.S.C. 4321–4370f), and Coast Guard commissioned, warrant or [email protected]. have determined that this action is one petty officer who has been designated SUPPLEMENTARY INFORMATION: This year, of a category of actions that do not by the Captain of the Port Buffalo to act the Coast Guard will enforce the safety individually or cumulatively have a on his behalf. zone for the annual Point Pleasant significant effect on the human (4) Vessel operators desiring to enter Sternwheel Festival listed in 33 CFR environment. This rule involves the or operate within the safety zone shall 100.801 Table 1, No. 25, on June 28th, establishment of a safety zone and, contact the Captain of the Port Buffalo 2014 from 9:45 p.m. until 10:45 p.m. therefore it is categorically excluded or his on-scene representative to obtain This establishes the currently published from further review under paragraph permission to do so. The Captain of the date of the last weekend in June or first 34(g) of Figure 2–1 of the Commandant Port Buffalo or his on-scene weekend in July as found in 33 CFR Instruction. An environmental analysis representative may be contacted via 165.801 Table 1, No. 25. checklist supporting this determination VHF Channel 16. Vessel operators given Under the provisions of 33 CFR and a Categorical Exclusion permission to enter or operate in the 165.801, entry into, or remaining or Determination are available in the safety zone must comply with all anchoring within the safety zone listed docket where indicated under directions given to them by the Captain in Table 1, No. 25 is prohibited unless ADDRESSES. We seek any comments or of the Port Buffalo, or his on-scene authorized by the Captain of the Port or information that may lead to the representative. a designated representative. Persons or discovery of a significant environmental Dated: June 16, 2014. vessels desiring to enter into or pass impact from this rule. B. W. Roche, through the Safety Zone must request permission from the Captain of the Port List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the Port Buffalo. or a designated representative. If Harbors, Marine safety, Navigation [FR Doc. 2014–15118 Filed 6–26–14; 8:45 am] permission is granted, all persons and (water), Reporting and recordkeeping BILLING CODE 9110–04–P vessels shall comply with the requirements, Security measures, instructions of the Captain of the Port or Waterways. designated representative. For the reasons discussed in the DEPARTMENT OF HOMELAND This notice is issued under authority preamble, the Coast Guard amends 33 SECURITY of 5 U.S.C. 552(a). In addition to this CFR part 165 as follows: notice in the Federal Register, the Coast Coast Guard Guard will provide the maritime PART 165—REGULATED NAVIGATION community with advance notification of AREAS AND LIMITED ACCESS AREAS 33 CFR Part 165 this enforcement period via Local Notice to Mariners and Marine ■ [Docket No. USCG–2014–0384] 1. The authority citation for part 165 Information Broadcasts. continues to read as follows: Annual Fireworks Displays and Other If the Captain of the Port Ohio Valley Authority: 33 U.S.C. 1231; 46 U.S.C. Events in the Eighth Coast Guard or Patrol Commander determines that Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; District Requiring Safety Zones; Point the safety zone need not be enforced for 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pleasant Sternwheel Festival; Ohio the full duration stated in this notice of Pub. L. 107–295, 116 Stat. 2064; Department River 265.2–266.2; Point Pleasant, WV enforcement, he or she may use a of Homeland Security Delegation No. 0170.1. Broadcast Notice to Mariners to grant AGENCY: Coast Guard, DHS. ■ 2. Add § 165.T09–0473 to read as general permission to enter the follows: ACTION: Notice of enforcement of regulated area. regulation. § 165.T09–0473 Safety Zone; Dated: June 6, 2014. Independence Day Celebration Fireworks, SUMMARY: The Coast Guard will enforce R. V. Timme, Lake Ontario, Oswego, NY. the Point Pleasant Sternwheel Festival Captain, U.S. Coast Guard, Captain of the (a) Location. This zone will safety zone from 9:45 p.m. until 10:45 Port Ohio Valley. encompass all waters of Lake Ontario, p.m. on June 28th, 2014. This action is [FR Doc. 2014–15121 Filed 6–26–14; 8:45 am] Oswego, NY within an 840 FT radius of necessary for the safety of participants BILLING CODE 9110–04–P position 43°27′54.25″ N and and spectators, including all crews, 76°30′57.75″ W (NAD 83). vessels, and persons on navigable (b) Effective and Enforcement Period. waters during the Point Pleasant DEPARTMENT OF HOMELAND This section is effective and will be Sternwheel Festival. During the SECURITY enforced on July 6, 2014, from 9:15 p.m. enforcement period, entry into, until 10:45 p.m. transiting through or anchoring in the Coast Guard (c) Regulations. (1) In accordance with safety zone is prohibited to all vessels the general regulations in § 165.23 of not registered with the sponsor as 33 CFR Part 165 this part, entry into, transiting, or participants or official patrol vessels, [Docket No. USCG–2014–0471] anchoring within the safety zone unless specifically authorized by the described in paragraph (a) of § 165.T09– Captain of the Port (COTP) Ohio Valley RIN 1625–AA00 or a designated representative. 0473 is prohibited unless authorized by Safety Zones; Fourth of July Fireworks DATES: the Captain of the Port Buffalo or his The regulations in 33 CFR Displays Within the Captain of the Port designated on-scene representative. 165.801, Table 1, No. 25, will be Charleston Zone, SC (2) This safety zone is closed to all enforced from 9:45 p.m. until 10:45 p.m. vessel traffic, except as may be on June 28th, 2014. AGENCY: Coast Guard, DHS.

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ACTION: Temporary final rule. 553(b)(B), the Coast Guard finds that Persons and vessels are prohibited good cause exists for not publishing a from entering, transiting through, SUMMARY: The Coast Guard is notice of proposed rulemaking (NPRM) anchoring in, or remaining within any establishing two temporary safety zones with respect to this rule because the of the safety zones unless authorized by during Fourth of July Fireworks Coast Guard did not receive necessary the Captain of the Port Charleston or a Displays on certain navigable waterways information regarding the fireworks designated representative. Persons and in Murrells Inlet and North Myrtle displays until May 27, 2014. As a result, vessels desiring to enter, transit through, Beach, South Carolina. These safety the Coast Guard did not have sufficient anchor in, or remain within any of the zones are necessary to protect the public time to publish an NPRM and to receive safety zones may contact the Captain of from hazards associated with launching public comments prior to the fireworks the Port Charleston via telephone at fireworks over navigable waters of the displays. Any delay in the effective date (843) 740–7050, or a designated United States. Persons and vessels are of this rule would be contrary to the representative via VHF radio on channel prohibited from entering, transiting public interest because immediate 16, to request authorization. If through, anchoring in, or remaining action is needed to minimize potential authorization to enter, transit through, within any of the safety zones unless danger to the public during the anchor in, or remain within any of the authorized by the Captain of the Port fireworks displays. safety zones is granted by the Captain of Charleston or a designated For the same reason discussed above, the Port Charleston or a designated representative. under 5 U.S.C. 553(d)(3) the Coast representative, all persons and vessels DATES: This rule is effective on July 4, Guard finds that good cause exists for receiving such authorization must 2014 and will be enforced from 9:00 making this rule effective less than 30 comply with the instructions of the p.m. until 10:25 p.m. days after publication in the Federal Captain of the Port Charleston or a ADDRESSES: Documents indicated in this Register. designated representative. The Coast Guard will provide notice of the safety preamble as being available in the B. Basis and Purpose docket are part of docket USCG–2014– zones by Broadcast Notice to Mariners, 0471 and are available online by going The legal basis for the rule is the Marine Safety Information Bulletins, to http://www.regulations.gov, inserting Coast Guard’s authority to establish and on-scene designated USCG–2014–0471 in the ‘‘Keyword’’ regulated navigation areas and other representatives. limited access areas: 33 U.S.C. 1231; 46 box, and then clicking ‘‘Search.’’ They D. Regulatory Analyses are also available for inspection or U.S.C. Chapter 701, 3306, 3703; 50 copying at the Docket Management U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, We developed this rule after Facility (M–30), U.S. Department of 6.04–6, and 160.5; Public Law 107–295, considering numerous statutes and Transportation, West Building Ground 116 Stat. 2064; Department of Homeland executive orders related to rulemaking. Floor, Room W12–140, 1200 New Jersey Security Delegation No. 0170.1.The Below we summarize our analyses Avenue SE., Washington, DC 20590, purpose of the rule is to protect the based on these statutes and executive between 9 a.m. and 5 p.m., Monday public from the hazards associated with orders. launching fireworks over navigable through Friday, except Federal holidays. 1. Regulatory Planning and Review FOR FURTHER INFORMATION CONTACT: If waters of the United States. you have questions on this temporary C. Discussion of Rule This rule is not a significant final rule, call or email CWO regulatory action under section 3(f) of Christopher L. Ruleman, Sector Multiple fireworks displays are Executive Order 12866, Regulatory Charleston Office of Waterways planned for Fourth of July celebrations Planning and Review, as supplemented Management, Coast Guard; telephone throughout the Captain of the Port by Executive Order 13563, Improving (843) 740–3184, email Charleston Zone. The fireworks will be Regulation and Regulatory Review, and [email protected]. If you launched from land, piers, or barges. does not require an assessment of have questions on viewing the docket, The fireworks will explode over potential costs and benefits under call Cheryl Collins, Program Manager, navigable waters of the United States. section 6(a)(3) of Executive Order 12866 Docket Operations, telephone (202) The Coast Guard is establishing two or under section 1 of Executive Order 366–9826. temporary safety zones for Fourth of 13563. The office of Management and July Fireworks Displays on navigable Budget has not reviewed it under those SUPPLEMENTARY INFORMATION: waters of the United States within the orders. The economic impact of this rule Table of Acronyms Captain of the Port Charleston Zone. is not significant for the following The two safety zones, with the specific DHS Department of Homeland Security reasons: (1) The safety zone will only be FR Federal Register enforcement period for each safety zone, enforced for a total of one and a half NPRM Notice of Proposed Rulemaking are listed below. hours; (2) although persons and vessels 1. Murrells Inlet, South Carolina. All may not enter, transit through, anchor A. Regulatory History and Information waters within a 1,000 yard radius in, or remain within the safety zone The Coast Guard is issuing this around Veterans Pier, from which the without authorization from the Captain temporary final rule without prior fireworks will be launched, located on of the Port Charleston or a designated notice and opportunity to comment the Atlantic Intracoastal Waterway. This representative, they may operate in the pursuant to authority under section 4(a) safety zone will be enforced from 9:00 surrounding area during the of the Administrative Procedure Act p.m. until 10:15 p.m. on July 4, 2014. enforcement period; (3) persons and (APA) (5 U.S.C. 553(b)). This provision 2. North Myrtle Beach, South vessels may still enter, transit through, authorizes an agency to issue a rule Carolina. All waters within a 500 yard anchor in, or remain within the safety without prior notice and opportunity to radius around Cherry Grove Pier, from zone if authorized by the Captain of the comment when the agency for good which the fireworks will be launched, Port Charleston or a designated cause finds that those procedures are located on the Atlantic Ocean. This representative; and (4) the Coast Guard ‘‘impracticable, unnecessary, or contrary safety zone will be enforced from 9:00 will provide advance notification of the to the public interest.’’ Under 5 U.S.C. p.m. until 10:25 p.m. on July 4, 2014. safety zone to the local maritime

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community by Local Notice to Mariners the States, or on the distribution of responsibilities between the Federal and Broadcast Notice to Mariners. power and responsibilities among the Government and Indian tribes. various levels of government. We have 2. Impact on Small Entities 12. Energy Effects analyzed this rule under that Order and The Regulatory Flexibility Act of 1980 determined that this rule does not have This action is not a ‘‘significant (RFA), 5 U.S.C. 601–612, as amended, implications for federalism. energy action’’ under Executive Order requires federal agencies to consider the 13211, Actions Concerning Regulations potential impact of regulations on small 6. Protest Activities That Significantly Affect Energy Supply, entities during rulemaking. The term The Coast Guard respects the First Distribution, or Use. ‘‘small entities’’ comprises small Amendment rights of protesters. 13. Technical Standards businesses, not-for-profit organizations Protesters are asked to contact the that are independently owned and person listed in the FOR FURTHER This rule does not use technical operated and are not dominant in their INFORMATION CONTACT section to standards. Therefore, we did not fields, and governmental jurisdictions coordinate protest activities so that your consider the use of voluntary consensus with populations of less than 50,000. message can be received without standards. The Coast Guard certifies under 5 U.S.C. jeopardizing the safety or security of 14. Environment 605(b) that this rule will not have a people, places or vessels. significant economic impact on a We have analyzed this rule under substantial number of small entities. 7. Unfunded Mandates Reform Act Department of Homeland Security For the reasons discussed in the Management Directive 023–01 and The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, Regulatory Planning and Review section of 1995 (2 U.S.C. 1531–1538) requires above, this rule will not have a which guide the Coast Guard in Federal agencies to assess the effects of complying with the National significant economic impact on a their discretionary regulatory actions. In substantial number of small entities. Environmental Policy Act of 1969 particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f). Based 3. Assistance for Small Entities that may result in the expenditure by a on our analysis, we concluded this State, local, or tribal government, in the Under section 213(a) of the Small action is one of a category of actions that aggregate, or by the private sector of Business Regulatory Enforcement do not individually or cumulatively $100,000,000 (adjusted for inflation) or Fairness Act of 1996 (Pub. L. 104–121), have a significant effect on the human more in any one year. Though this rule we want to assist small entities in environment. This rule is categorically will not result in such an expenditure, understanding this rule. If the rule excluded from further review under we do discuss the effects of this rule would affect your small business, paragraph 34(g) of Figure 2–1 of the elsewhere in this preamble. organization, or governmental Commandant Instruction. We seek any jurisdiction and you have questions 8. Taking of Private Property comments or information that may lead concerning its provisions or options for to the discovery of a significant This rule will not cause a taking of compliance, please contact the person environmental impact from this rule. private property or otherwise have listed in the FOR FURTHER INFORMATION An environmental analysis checklist taking implications under Executive CONTACT section above. and a Categorical Exclusion Small businesses may send comments Order 12630, Governmental Actions and Determination were completed for this on the actions of Federal employees Interference with Constitutionally event in previous years. Since this event who enforce, or otherwise determine Protected Property Rights. has remained materially unchanged compliance with, Federal regulations to 9. Civil Justice Reform from the time of the prior the Small Business and Agriculture determinations, a new environmental Regulatory Enforcement Ombudsman This rule meets applicable standards analysis checklist and Categorical and the Regional Small Business in sections 3(a) and 3(b)(2) of Executive Exclusion Determination were not Regulatory Fairness Boards. The Order 12988, Civil Justice Reform, to completed for 2014. The previously Ombudsman evaluates these actions minimize litigation, eliminate completed environmental analysis annually and rates each agency’s ambiguity, and reduce burden. checklist and Categorical Exclusion responsiveness to small business. If you 10. Protection of Children Determination can be found in docket wish to comment on actions by folder for USCG–2013–0415 at employees of the Coast Guard, call 1– We have analyzed this rule under www.regulations.gov. Executive Order 13045, Protection of 888–REG–FAIR (1–888–734–3247). The List of Subjects in 33 CFR Part 165 Coast Guard will not retaliate against Children from Environmental Health small entities that question or complain Risks and Safety Risks. This rule is not Harbors, Marine safety, Navigation about this rule or any policy or action an economically significant rule and (water), Reporting and recordkeeping of the Coast Guard. does not create an environmental risk to requirements, Security measures, health or risk to safety that may Waterways. 4. Collection of Information disproportionately affect children. For the reasons discussed in the This rule will not call for a new 11. Indian Tribal Governments preamble, the Coast Guard amends 33 collection of information under the CFR part 165 as follows: Paperwork Reduction Act of 1995 (44 This rule does not have tribal U.S.C. 3501–3520). implications under Executive Order PART 165—REGULATED NAVIGATION 13175, Consultation and Coordination AREAS AND LIMITED ACCESS AREAS 5. Federalism with Indian Tribal Governments, A rule has implications for federalism because it does not have a substantial ■ 1. The authority citation for part 165 under Executive Order 13132, direct effect on one or more Indian continues to read as follows: Federalism, if it has a substantial direct tribes, on the relationship between the Authority: 33 U.S.C. 1231; 46 U.S.C. effect on States, on the relationship Federal Government and Indian tribes, Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; between the national government and or on the distribution of power and 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;

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Pub. L. 107–295, 116 Stat. 2064; Department ENVIRONMENTAL PROTECTION either electronically in of Homeland Security Delegation No. 0170.1. AGENCY www.regulations.gov or in hard copy at ■ 2. Add a temporary § 165.T07–0471 to the Air Program, Environmental read as follows: 40 CFR Part 52 Protection Agency (EPA), Region 8, [EPA–R08–OAR–2014–0241; FRL–9912–24- 1595 Wynkoop Street Denver, Colorado § 165.T07–0471 Safety Zone; Fourth of 80202–1129. EPA requests you contact July Fireworks Displays Within Captain of Region 8] FOR FURTHER the Port Charleston Zone, SC. the individual listed in the Partial Approval and Partial INFORMATION CONTACT section to view (a) Regulated Area. The following Disapproval and Promulgation of Air the hard copy of the docket. You may regulated areas are safety zones. Quality Implementation Plans; South view the hard copy of the docket (1) Murrells Inlet, South Carolina. All Dakota; Revisions to South Dakota Monday through Friday, 8:00 a.m. to waters within a 1,000 yard radius Administrative Code; Permit: New and 4:00 p.m., excluding Federal holidays. around Veterans Pier, from which the Modified Sources fireworks will be launched, located on FOR FURTHER INFORMATION CONTACT: the Atlantic Intracoastal Waterway. AGENCY: Environmental Protection Kevin Leone, Air Program, Mailcode (2) North Myrtle Beach, South Agency (EPA). 8P–AR, Environmental Protection Carolina. All waters within a 500 yard ACTION: Final rule. Agency, Region 8, 1595 Wynkoop radius around Cherry Grove Pier, from Street, Denver, Colorado 80202–1129, which the fireworks will be launched, SUMMARY: The Environmental Protection (303) 312–6227, or [email protected]. Agency (EPA) is taking final action to located on the Atlantic Ocean. SUPPLEMENTARY INFORMATION: (b) Effective and enforcement periods. partially approve and partially Paragraph (a)(1) of this section will be disapprove State Implementation Plan Table of Contents enforced from 9:00 p.m. until 10:15 p.m. (SIP) revisions submitted by the State of I. Background on July 4, 2014. Paragraph (a)(2) of this South Dakota on June 14, 2010, June 20, II. Response to Comments section will be enforced from 9:00 p.m. 2011, and July 29, 2013. All three SIP III. Basis for our Final Action until 10:25 p.m. on July 4, 2014. submittals revise the portion of the IV. Final Action (c) Definition. The term ‘‘designated Administrative Rules of South Dakota V. Statutory and Executive Orders Review representative’’ means Coast Guard (ARSD) that pertain to the issuance of Definitions Patrol Commanders, including Coast South Dakota air quality permits. In Guard coxswains, petty officers, and addition, the June 14, 2010 submittal For the purpose of this document, we other officers operating Coast Guard revises certain definitions and dates of are giving meaning to certain words or vessels, and Federal, state, and local incorporation by reference. The June 14, initials as follows: officers designated by or assisting the 2010 submittal contains new, amended (i) The words or initials Act or CAA Captain of the Port Charleston in the and renumbered rules; the June 20, 2011 mean or refer to the Clean Air Act, enforcement of the regulated area. submittal contains new rules; and the unless the context indicates otherwise. (d) Regulations. (1) All persons and July 29, 2013 submittal contains (ii) The initials ARSD mean or refer to vessels are prohibited from entering, amended rules. In this rulemaking, we the Administrative Rules of South transiting through, anchoring in, or are taking final action on all portions of Dakota. remaining within the regulated area the June 14, 2010 submittal, except for (iii) The initials DENR mean the unless authorized by the Captain of the those portions of the submittal which do Department of Environment and Natural Port Charleston or a designated not belong in the SIP. We are also taking Resources. representative. final action on portions of the June 20, (2) Persons and vessels desiring to 2011 submittal that were not acted on in (iv) The words EPA, we, us or our enter, transit through, anchor in, or our April 18, 2014 rulemaking regarding mean or refer to the United States remain within the regulated area may greenhouse gases and the State’s Environmental Protection Agency. contact the Captain of the Port Prevention of Significant Deterioration (v) The words minor NSR mean NSR Charleston by telephone at 843–740– (PSD) program. We are taking final established under section 110(a)(2)(C) of 7050, or a designated representative via action on portions of the July 29, 2013 the Act and 40 CFR 51.160 through VHF radio on channel 16, to request submittal that supersede portions of the 51.164. authorization. If authorization to enter, two previous submittals; the remainder (vi) The initials NAAQS mean or refer transit through, anchor in, or remain of the July 29, 2013 submittal will be to National Ambient Air Quality within the regulated area is granted by acted on at a later date. This action is Standards. the Captain of the Port Charleston or a being taken under section 110 of the (vii) The initials NSR mean new designated representative, all persons Clean Air Act (CAA). source review, a phrase intended to and vessels receiving such authorization DATES: This final rule is effective July encompass the stationary source must comply with the instructions of 28, 2014. regulatory programs that regulate the the Captain of the Port Charleston or a ADDRESSES: EPA has established a construction and modification of designated representative. docket for this action under Docket ID stationary sources as provided under (3) The Coast Guard will provide No. EPA–R08–OAR–2014–0241. All CAA section 110(a)(2)(C), CAA Title I, notice of the regulated area by Local documents in the docket are listed in parts C and D, and 40 CFR 51.160 Notice to Mariners, Broadcast Notice to the www.regulations.gov index. through 51.166. Mariners, and on-scene designated Although listed in the index, some (viii) The initials PSD mean or refer representatives. information is not publicly available, to Prevention of Significant Dated: June 17, 2014. e.g., CBI or other information whose Deterioration. R. R. Rodriguez, disclosure is restricted by statute. (ix) The initials SIP mean or refer to Captain, U.S. Coast Guard, Captain of the Certain other material, such as State Implementation Plan. Port Charleston. copyrighted material, will be publicly (x) The words State or South Dakota [FR Doc. 2014–15137 Filed 6–26–14; 8:45 am] available only in hard copy. Publicly mean the State of South Dakota, unless BILLING CODE 9110–04–P available docket materials are available the context indicates otherwise.

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I. Background action we are proposing, is included in the phrase: ‘‘unless it meets the The CAA (section 110(a)(2)(C)), 40 the docket for this rulemaking. requirements in 74:36:20:02.01’’ in CFR 51.160, and the other statutory and South Dakota’s June 14, 2010 74:36:04:20:02 (Construction Permit regulatory provisions discussed in this submittal also contains rule revisions Required); (3) Not take action on final notice, require states to have that are not included in SIPs. These 74:36:05 (Operating Permits for Part 70 legally enforceable procedures in their rules, which we are not taking action on Sources); 74:36:07 (New Source SIPs to prevent construction or here (i.e., New Source Performance Performance Standards); 74:36:08 modification of a source if it would Standards, operating permits for part 70 (National Emission Standards for violate any SIP control strategies or sources, etc.), are outlined in the cross- Hazardous Air Pollutants); 74:36:09 interfere with attainment or walk table located in the docket for this (Prevention of Significant Deterioration); 74:36:16 (Acid Rain maintenance of the national ambient air rulemaking. South Dakota’s June 20, 2011, Program); and 74:36:19 (Mercury Budget quality standards (NAAQS). Such minor submittal includes the following rule Trading Program). new source review (NSR) programs are revisions: (1) Revises Sections We provided a detailed explanation of for pollutants from stationary sources 74:36:01:01, 74:36:01:08, 74:36:01:15 the bases for our proposal. See 79 FR that do not require PSD or and 74:36:09:02 related to regulation of 21426–21429. We invited comment on nonattainment NSR permits. A state greenhouse gases (revisions to Sections all aspects of our proposal and provided may customize the requirements of its 74:36:01:08, 74:36:01:15 and 74:36:09:02 a 30-day comment period. The comment minor NSR program as long as the to comply with EPA’s Greenhouse Gas period ended on May 16, 2014. program meets the minimum statutory Tailoring Rule were previously acted In this action, we are responding to and regulatory requirements. on); 2 EPA is taking final action on the comments we received and taking On June 14, 2010, South Dakota final rulemaking action on the rules submitted revisions to its minor source 74:36:01:01 in this rulemaking); (2) Revises Chapter 74:36:20 by revising from the State’s June 14, 2010, June 20, NSR program. The June 14, 2010 2011, and July 29, 2013 submittals. submittal included: (1) Revisions to the Section 74:36:20:02 (Construction definitions associated with the Air Permits Required); and (3) Adds new II. Response to Comments Pollution Control Program to ensure the Section 74:36:20:02.01 (Initiating Construction Prior to Permit Issuance). In response to our April 16, 2014 definitions are current and consistent proposed rulemaking, we received Section 74:36:20:02.01 allows sources with other chapters in the regulations. comments from Department of who meet certain conditions to start These revisions include: grammatical Environment and Natural Resources construction prior to receiving a permit changes, renumbering, modified (DENR) Secretary Steven M. Pirner on provided they meet the requirements in definitions, new definitions and deleted behalf of the State of South Dakota. In that section. EPA is taking final action definitions; (2) Revisions to the date of this section, we summarize these on 74:36:20:02 and 74:36:20:02.01 in federal regulations referenced 3 comments and provide our responses. throughout ARSD Article 74:36; (3) this rulemaking. Comment: The comments explain that With respect to South Dakota’s July Addition of a construction permit DENR submitted a draft copy of ARSD 29, 2013 submittal, we are only taking program for new minor sources and 74:36:20:02.01 in December 2010 to EPA final action on the following revisions: minor modifications to existing sources, for informal comments prior to (1) The removal of section created by adding new Chapter 74:36:20 beginning the State’s formal rule making 74:36:04:03.01 (Minor Source Operating (Construction Permits for New Sources process; and that EPA provided Permit Variance); and (2) Revisions to or Modifications); and (4) Revisions to preliminary comments back to DENR section 74:36:10 (New Source Review). the minor source operating permit via email on January 11, 2011. DENR’s In our April 16, 2014 proposed action programs to incorporate the changes comments on our proposal suggest that (79 FR 21424), we proposed to: (1) associated with the new proposed DENR notified EPA that those Approve 74:36:01:01 (Definitions); construction permit program. preliminary concerns were addressed in 74:36:02 (Ambient Air Quality); In South Dakota’s regulations in ARSD 74:36:20:02.01(1), 74:36:03 (Air Quality Episodes); ARSD Article 74:36 that are currently 74:36:20:02.01(2) and 74:36:20:02.01(6). 74:36:04 (Operating Permits for Minor approved into the SIP, the minor source DENR’s comments further explain that it Sources); 74:36:10 (New Source Review); construction permit and operating believed EPA’s concerns were addressed 74:36:11 (Performance Testing); permit programs are combined so, in at that time, since EPA did not provide 74:36:12 (Control of Visible Emissions); practice, a source receives one permit the same comment during the public 74:36:13 (Continuous Emissions from the State which serves as both a notice phase of the rule making. Monitoring); 74:36:18 (Regulations for construction and operating permit.1 The Response: EPA disagrees with this State Facilities in the Rapid City Area); revisions in the June 14, 2010 submittal comment. While we aim to provide and 74:36:20 (Construction Permits for separate the two programs into a new comments before and during a state’s New Sources or Modifications); minor source construction permit rule making process, the CAA neither 74:36:01:01(73) (Subject to Regulation); program and a minor source operating requires that EPA comment on proposed the deletion of 74:36:04:03.01 (Minor permit program. Under the new SIP rules, nor does it preclude EPA from Source Operating Permit Variance); (2) revisions, a source would first apply for carrying out its statutory duty to Disapprove 74:36:20:02.01 (Initiating a construction permit before applying disapprove an inadequate SIP if EPA Construction Prior to Permit Issuance); for an operating permit. A cross-walk does not provide comments to a state. table, which discusses the rule revisions The notion that EPA’s silence suggests 2 On February 11, 2014 (79 FR 8130) EPA in Article 74:36 individually, and the proposed action on these provisions. EPA finalized a SIP is approvable—simply because its action on April 18, 2014 (79 FR 21852). EPA did not comment during the State’s 1 For major sources and major modifications, the 3 Under a consent decree, by May 30, 2014, EPA formal rule making process—has no State already has two SIP-approved construction is required to sign a notice of final action to support in the Act, it is contrary to the permit programs (PSD and nonattainment NSR) approve, disapprove, approve in part and and, separately for major sources, a title V operating disapprove in part, or conditionally approve this purposes of the Act and EPA’s express permit program that has been approved through the June 20, 2011 SIP submittal. WildEarth Guardians obligation to approve only SIP title V (not the SIP) process. v. EPA, Civil Action No. 1:12–cv–03307 (D. Colo.). submittals that meet the requirements of

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the Act, as explained elsewhere in this comment suggests that even if EPA’s after construction, is consistent with the final action. Moreover, nothing in EPA’s argument had validity, DENR is regulatory requirements. preliminary comments suggested that required by its regulations to notice the The comment suggests, but provides the State’s draft rules would be construction permit ‘‘before the no evidence that, EPA’s disapproval of approvable if the State were to make the applicant can operate any equipment 4 this rule would give another state an suggested changes. which emits air pollutants into the air.’’ advantage over South Dakota’s DENR comments indicate that it Response: EPA disagrees with this economic development. Neither the provided notification to us that our comment. We apply applicable CAA CAA nor EPA’s implementing preliminary concerns were addressed by provisions and EPA regulations to regulations contain any specific provisions in ARSD 74:36:20:02.01(1), determine the approvability of the SIP. 74:36:20:02.01(2) and 74:36:20:02.01(6). requirement that we take economic As we explained in our proposed notice, development into account in The comment does not cite to a EPA regulations ‘‘require a minimum particular communication from the determining the approvability of SIP 30-day period for public comment on amendments. While we are not required State. Therefore, we are unclear what the information submitted by the owner notification DENR is referring to. We are to consider economic development or operator prior to construction.’’ 79 FR impacts, the State’s comments provide aware of one email from the State 21428. These regulations explicitly regarding this topic; 5 however, that no details regarding economic mandate that state SIP minor permitting development impacts for us to consider. email summarizes other provisions in regulations ‘‘include the opportunity for the State rules. Additionally, DENR’s SIP rules have public comment on information contained the 30-day public comment Comment: DENR provided an analysis submitted by owners and operators.’’ 40 of the public comments received on the period minor source permits for many CFR 51.160, 51.161(a). The regulations years.8 While the DENR’s comments State’s proposed rule, and disagreed further require that the information with ‘‘EPA’s implication that all public indicate that it has been implementing available to the public ‘‘must include commenters were concerned about new rule ARSD 74:36:20:01.01 for the agency’s analysis of the effect of allowing construction prior to receiving approximately three years,9 it provides construction or modification on ambient a construction permit.’’ no information regarding impacts to air quality, including the agency’s Response: We disagree with the economic development in the State proposed approval or disapproval.’’ assertions in this comment. The prior to implementation of the new EPA’s regulations specify that state SIP comment does not cite to specific program. permitting procedures ‘‘shall include, as language in the proposed notice; Finally, the comments suggest there however, we assume the commenter is a minimum . . . a 30-day period for submittal of public comment.’’ These are other state SIPs where EPA has referring to Footnote 5 in our proposed approved less than the 30-day public rulemaking where we stated: ‘‘[t]he public participation requirements apply 6 comment period, and mentions Iowa, State also received public comments to ‘‘construction or modification’’ of a without, however, providing either from 13 individuals on this issue and ‘‘facility, building, structure or 7 citations to any relevant Iowa related concerns.’’ 79 FR 21428. EPA installation.’’ Finally, the regulations regulations or references to prior EPA did not intend to interpret the meaning require that public notice be sent to the interpretations. Therefore, we do not or intent of the public comments on the EPA Regional Office and to all other know what the comment refers to. To State’s proposed rule, but simply state and local air pollution control included this footnote to point out that agencies having jurisdiction in the the extent EPA may have approved the State received adverse comments region in which the new or modified provisions in other SIPs that allow for during its rulemaking process that source ‘‘will be located.’’ 40 CFR less than the 30-day public comment expressed concerns regarding the State’s 51.161(d). period, as we explained in the proposed proposed rules. The State rule allows owners and notice and this final action, our current Comment: DENR suggests that EPA is operators to ‘‘initiate construction prior interpretation of 40 CFR 51.161 is that being arbitrary and capricious in to issuance of the construction permit,’’ it requires that state SIPs include a enforcing the language in 40 CFR 51.161 ARSD 74:36:20:02.01, and public notice minimum of a 30-day period for for public participation in minor NSR is provided after construction. DENR’s submittal of public comments on permitting programs. DENR indicates comment notes that notice of the proposed minor source permits. that there are ‘‘EPA approved state construction permit is provided ‘‘before Comment: DENR asserted that the implementation plans that have been in the applicant can operate any CAA (Section 110(a)(2)(C)) and the place for many years which do not equipment.’’ Providing an opportunity federal regulations (40 CFR 51.160(a) require a 30-day public notice for any for public comment before the applicant and (b)) ‘‘do not state a construction non-PSD construction permits,’’ and can operate the equipment does not permit must be issued prior to provides as an example ‘‘Iowa’s state meet the requirements in 40 CFR construction activities beginning.’’ For implementation plan which is South 51.161, as the State rules fail to provide support of this assertion, DENR Dakota’s neighbor and competitor for the opportunity for comment prior to references EPA’s preliminary comments economic development projects.’’ The construction and therefore are comment states that ‘‘EPA cannot give inconsistent with EPA regulations. They 8 For example, EPA approved 74:36:04:12 (Public one state an advantage over another in also fail to provide either the public or Participation in Permitting Process) on April 7, economic development by requiring EPA and local permitting authorities 2003. [68 FR 16726.] inconsistent mandates to SIPs.’’ DENR’s either notice or an opportunity to 9 Normally, a state should generally not be implementing a SIP revision prior to EPA approval, comment on where the facility ‘‘will be when the revision is a relaxation of the existing SIP. 4 Email from Laurel Dygowski, South Dakota SIP located.’’ Moreover, DENR’s comment General Motors Corp. v. United States, 496 U.S. Program Manager, EPA Region 8 Air Program, to lacks any analysis of how the State rule, 530, at 540 (‘‘There can be little or no doubt that Brian Gustafson, South Dakota (January 11, 2011). which provides for public participation the existing SIP remains the ‘applicable 5 Email from Kyrk Rombough, Natural Resource implementation plan’ even after the State has Engineering Director DENR Air Quality Program, to submitted a proposed revision’’). EPA reviews SIP Kevin Leone, Environmental Scientist, EPA Region 6 40 CFR 51.160(a). revisions for compliance with the Act and 8 Air Program (January 18, 2011). 7 Id. regulations.

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on the proposed rules,10 as well as applicable portions of the State’s control modification,13 there is no State EPA’s mention in the proposed notice of strategy, or (2) interfere with attainment administrative approval or review of prior approval of such programs.11 of maintenance of any NAAQS in the any kind prior to construction activities. Response: We disagree with this State or in a neighboring state. 40 CFR The State receives notice from the comment. The CAA contains provisions 51.160(a). The SIP must also include the owner or operator before construction for the preconstruction review and means by which a state can ‘‘prevent’’ starts; however, there are no provisions approval of new and modified sources construction that ‘‘will interfere with in the rule that specify any action the of air pollution, which are generally the attainment or maintenance of a State is to take regarding that notice or implemented by a state through a national standard.’’ 40 CFR 51.160(b). any mechanism to ensure permitting program as part of an Therefore, SIPs must require that preconstruction review and approval. approved SIP, or in some cases by EPA. owners or operators of source that are Therefore, neither the State, public, nor For minor sources, which are those subject to minor NSR submit EPA can determine whether the project sources that have the potential to emit information to the state so the state can will be in compliance with the CAA and below major source thresholds of the determine if the construction or implementing regulations before PSD and nonattainment NSR program, modification of the source will result in construction is initiated and completed. the CAA has specific requirements. a violation of the control strategy or The State rules allow construction to Under CAA section 110(a)(2)(C), the interfere with attainment of proceed, and provide for review of the state’s SIP must provide for ‘‘the maintenance of the NAAQS. 40 CFR construction while it is underway (or regulation of the modification and 51.160(b). SIPs must also contain, after the construction is complete). As construction of any stationary source among other elements, a ‘‘control discussed above, we interpret the CAA . . . as necessary to ensure that national strategy,’’ which is a combination of and implementing regulations to require ambient air quality standards are regulation and approval of construction measures (including emission achieved.’’ 12 Therefore, all SIPs must of any stationary source before the limitations and measures that apply to contain minor source preconstruction construction occurs, not as proposed by stationary sources) designed to achieve approval programs. The CAA contains the State, review and approval the reduction of emission necessary for separate and distinct requirements for construction in process or after it has attainment and maintenance of the operating permits, which we are not occurred. While we have not interpreted NAAQS. 40 CFR 51.100(n). Therefore, reviewing in this action. the CAA and regulations to require that there are minimum statutory and EPA’s implementing regulations states implement the SIP requirement regulatory requirements that apply to specify the requirements for minor NSR for a minor source program through the minor source permit programs, programs, and the relevant provisions mechanism of a permitting program, we adherence to which is determined under are discussed here. 40 CFR 51.160– have required that SIPs include some 51.164. Each state SIP must set forth the CAA by EPA. CAA section 110. mechanism for preconstruction review legally enforceable procedures which Under the current, federally-approved and approval of proposed minor sources will allow the state to determine South Dakota SIP, minor sources are before the activities commence. Such whether the construction or subject to the State’s permitting review and approval is necessary to modification of a minor source, or a requirements and must receive determine whether the proposed ‘‘minor modification’’ of an existing authorization to proceed with the construction or modification will violate source, ‘‘will’’ (1) result in a violation of construction or modification in a control strategy or interfere with accordance with the SIP, [ARSD attainment or maintenance of the 10 The comments reference the following from 74:36:04:02], unless they meet NAAQS and to ‘‘prevent such EPA’s preliminary comments, ‘‘[i]t should be noted that EPA’s regulations at 40 CFR 51.160 do not exemption requirements in ARSD construction or modification’’ that will require the issuance of a permit for the construction 74:36:04:03. do so as required by 51.160(a) and (b).14 of modification of minor sources, but only that the The proposed rules provide for State SIP include a procedure to prevent the construction Under the State’s proposed program of a source or modification that would violate the that allows for initiating construction approval before the owner or operator SIP control strategy or interfere with attainment or prior to issuance, the owner or operator begins operating the source and emitting maintenance of the NAAQS.’’ Email from Laurel may begin construction or modification pollutants but provide no mechanism to Dygowski, South Dakota SIP Program Manager, EPA evaluate or prevent proposed Region 8 Air Program, to Brian Gustafson, South if they meet two basic requirements: (1) Dakota (January 11, 2011). EPA’s regulations do not Submit a permit application to the explicitly require that a state’s minor source department; and (2) notify the 13 The proposed SIP rule provides that: The owner or operator assume liability for construction program provide approval of construction through department that they intend to initiate the specific mechanism of a permit, so long as there (ARSD 74:36:20:02.01(5)); the owner or operator is some preconstruction approval process that construction. ARSD 74:36:20:01.01(1), may not operate the equipment and emit air meets the requirements of 40 CFR 51.160–161. (2). Once these two requirements are pollutants prior to receiving a construction permit 11 The comments do not refer to a particular met, the owner or operator may begin (ARSD 74:36:20:02.01(5)); if the department demonstrates that the construction or modification quotation from the proposed rule; however, we and complete construction or assume the commenter is referring to the following: will interfere with the attainment or maintenance ‘‘[w]e acknowledge that EPA may have approved modification of true minor sources. of the NAAQS or increment, the owner or operator some state minor source programs with approaches/ ARSD 74:36:20:01.01(3), (4). The must cease construction (ARSD 74:36:20:02.01(6)); requirements similar to those proposed by South proposed rules do not require State and (4) the owner or operator will be required to make any changes to the new source or Dakota, which may warrant EPA evaluation in the review of the proposed construction or future.’’ 79 FR 21428. Our current interpretation of modification of an existing source that may be the CAA and regulatory requirements are as modification before the construction of imposed in the construction permit (ARSD explained in this action. modification occurs. The State rules 74:36:20:02.01(7)). 12 The Act defines ‘‘construction’’ when used on also do not provide for the State to 14 We would note, however, to a substantial connection with any source or facility, to include affirmatively approve the proposed degree, it is the permit process itself, embodied in ‘‘modification,’’ which ‘‘means any physical change South Dakota’s current SIP regulations, that in, or change in the method of operation of, a modification or construction before it provides the vehicle to identify and make stationary source which increases the amount of commences or before completion of the enforceable specific measures necessary to protect any air pollutant emitted by such source or which construction or modification. While the NAAQS. As explained in the notice, it is the results in the emission of any air pollutant not there are provisions in the rule that lack of such authority for the State to review and previously emitted. CAA sections 111(a)(4), approve the modification or construction that is 169(2)(C). cover activities after construction and fatal to the proposed revisions.

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construction. Therefore, the proposed And leaving aside the lack of regulatory The fact that South Dakota has changes to the SIP are incomplete as and public input into siting decisions, implemented the proposed changes to they lack the ‘‘legally enforceable after a source has been constructed there the SIP before EPA’s final action, is not, procedures that enable’’ the State to may remain fundamental design issues as the comment appears to suggest, a make the necessary determination and that cannot be overcome by the basis for EPA approval. Under CAA ensure that the State ‘‘will prevent such provisions in the proposed rules. section 116, a state may not implement construction’’ if the source ‘‘will’’ Second, the comment indicates that the any emission limitation or any control violate the control strategy or interfere State has taken enforcement action or abatement requirement that is less with NAAQS attainment. Finally, the where necessary; however, it provides stringent than the applicable, approved commenter appears to imply that our no details regarding such actions. Third, SIP. The current SIP requires that preliminary comments to the State are the comment suggests that true minor sources obtain a permit from the State controlling or binding on our final sources have not caused or interfered prior to construction. The proposed SIP action. As explained above, while we with attaining or maintaining the revisions are less stringent than the aim, and often do, provide comments NAAQS, but provides no evidence to existing SIP because they allow sources early and throughout a state’s support this statement and does not to construct without obtaining a permit rulemaking process, those comments are address the legal requirement for legally prior to construction. Therefore, not final agency actions. There is enforceable procedures to ‘‘prevent’’ proposed SIP revisions violate CAA nothing in the Act that requires such construction of a source that ‘‘will’’ section 116 by exempting sources from comments, much less that makes them have such effects. Finally, the comments the existing SIP requirement to obtain a binding on EPA such as to require that indicate that if DENR believes permit before beginning construction. EPA approve a SIP that does not meet enforcement were necessary, it would Furthermore, as we explained in our regulatory requirements. To the prevent the source from ‘‘operating.’’ proposal, Section 110(i) of the CAA contrary, Congress entrusted with EPA The comment does not include a specifically precludes states from an oversight role to ensure the reference to what authority the DENR changing requirements of the SIP except requirements of the Act are met. would use for such enforcement. through SIP revisions approved by EPA. Moreover, nothing in EPA’s preliminary Moreover, the comment asserts that the SIP revisions will be approved by EPA comments suggested that the State’s State has authority to prevent source only if they meet all requirements of the draft rules would be approvable if the operation but does not attempt to assert Act and the implementing regulations. State were to make the suggested that the program authorizes the state to The CAA gives EPA both the authority changes. ‘‘prevent such construction’’ as may and the obligation to review a proposed Comment: DENR also takes exception violate the control strategy or interfere program’s compliance with the Act and to EPA’s implication that DENR’s with attainment. EPA acknowledges that applicable regulations and to decision to approve or deny a permit 74:36:20:02.01 (Initiating construction disapprove regulations that do not meet would be influenced by a facility that prior to permit issuance) has some legal requirements. Therefore, a state’s has been built (the ‘‘equity in the safeguards in place; however, the rules implementation of proposed SIP ground’’ issue) and could potentially fall short of meeting the requirements of amendments prior to EPA approval, cause a violation of a NAAQS. The the CAA and implementing regulations. does not limit EPA’s authority to take comments also note EPA’s concerns Comment: DENR indicates it final rulemaking action to disapprove expressed in the proposal regarding ‘‘believes it has provided enough SIP provisions that the state has been fundamental design issues that cannot provisions in allowing construction implementing without SIP approval. be overcome should the State seek prior to DENR completing its analysis Finally, the commenter suggests the modifications to protect the NAAQS. (i.e., statement of basis) of the project permit rules preventing sources from DENR explains that: (1) The State rules and issuing a construction permit after operating protect the State’s control require the owner or operator to assume a 30-day public comment period to strategy and the NAAQS, and points to these risks and make required changes protect’’ both the State’s control strategy the State’s attainment status for all the before operation; (2) the State ‘‘has and the NAAQS. DENR explains this is NAAQS. However, the commenter taken enforcement action when demonstrated by approximately three provides nothing further in its necessary on facilities that have violated years of program implementation. DENR comments in the way of rationale and their permits and/or that began also explains that the State is in full data to show that allowing unpermitted construction and operation prior to attainment with all the NAAQS. construction will ensure the State’s obtaining the appropriate permits;’’ (3) Response: EPA disagrees with this continuing and future attainment status. since the State established its initial SIP comment because the final rule, as CAA section 110(l) requires a in the 1970’s ‘‘the construction and adopted by the State, allows no review demonstration that a SIP revision does operation of a true minor source has not or comment on siting decisions and not interfere with any requirement caused or interfered with attaining or does not require any type of concerning attainment and maintenance maintaining a National Ambient Air administrative approval from the State of the NAAQs and that any relaxation is Quality Standard;’’ and (4) if DENR prior to allowing unpermitted sufficiently protective of air quality and believes a NAAQS would be violated, ‘‘construction’’ activities. Therefore, other CAA requirements in order for ‘‘DENR would prevent a source from neither the State, public, nor EPA can EPA to approve. The fact that the SIP operating until appropriate changes evaluate siting decisions or determine submittal and the comments lack a were made to protect’’ the NAAQS. whether the project ‘‘will’’ be in demonstration (e.g., air quality Response: EPA agrees in part with compliance with the CAA and monitoring data and trends, projected this comment. First, we acknowledge implementing regulations before minor source participation and impacts, that there are some safeguards in the construction occurs. Regardless of South and emission inventory data and trends) proposed rule; however, we remain Dakota’s current attainment status of the to show that the minor source concerned that there is no mechanism NAAQS, 74:36:20:02.01 does not meet permitting rule revisions are not likely for either the public or local regulatory the minimum requirements as outlined to interfere with NAAQS or the State’s authorities with jurisdiction to comment in the beginning of Section II of this SIP control strategy provides further on where ‘‘the source will be located.’’ rulemaking. evidence that the SIP is not approvable.

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Without a demonstration from the State that public notice be sent to the EPA of Visible Emissions); 74:36:13 that shows the minor sources that are Regional Office and to all other state (Continuous Emissions Monitoring subject to this program will not impact and local air pollution control agencies Systems); 74:36:18 (Regulations for attainment and maintenance, we have having jurisdiction in the region in State Facilities in the Rapid City Area); no information to determine the which the new or modified source ‘‘will and 74:36:20 (Construction Permits for significance of the proposed rule and be located.’’ 40 CFR 51.161(d). New Sources or Modifications); (2) whether the sources will impact the We are approving those rules that Disapprove 74:36:20:02.01 (Initiating NAAQS. Minor sources, either meet the relevant requirements and Construction Prior to Permit Issuance), individually or collectively, may impact disapproving those rules that do not and the phrase ‘‘, unless it meets the attainment. Finally, even if we assume meet the relevant requirements, or are requirements in 74:36:20:02.01’’ in the substitution of the new program for not appropriate for inclusion in the SIP. 74:36:20:02 (Construction Permit the prior minor source permit program Specifically, we are disapproving Required); (3) Not take action on were allowed under section 110(l), the 74:36:04:20:01 (Initiating Construction 74:36:05 (Operating Permits for Part 70 State has provided no demonstration to Prior to Permit Issuance), and the Sources); 74:36:07 (New Source show the new rules achieve the same related phrase: ‘‘unless it meets the Performance Standards); 74:36:08 results as the existing rules for these requirements in 74:36:20:02.01’’ in (National Emission Standards for sources. Therefore, we lack information 74:36:04:20:02 (Construction Permit Hazardous Air Pollutants); 74:36:09 and a basis to approve these Required). We are disapproving the (Prevention of Significant amendments to the SIP under section related phrase because it references the Deterioration); 74:36:16 (Acid Rain 110(1). rule we are disapproving. Program); and 74:36:19 (Mercury Budget For a detailed description of the bases Trading Program). III. Basis for Our Final Action for our actions on the individual rules, We have fully considered the please refer to our notice of proposed V. Statutory and Executive Orders comments we received, and have rulemaking (79 FR 21424) and our Review concluded that no changes from our response to comments in section II of Under the Clean Air Act, the proposed rule are warranted. As this action. Administrator is required to approve a discussed in our proposal and this rule, We are sensitive to the concerns SIP submission that complies with the our action is based on an evaluation of expressed in the State’s comments. We provisions of the Act and applicable South Dakota’s rules against the also understand the State’s goals in Federal regulations 42 U.S.C. 7410(k); promulgating rule 74:36:20:02.01, as requirements of CAA sections 40 CFR 52.02(a). Thus, in reviewing SIP expressed during the State’s rulemaking, 110(a)(2)(C), 110(i), 110(l), 116, our submissions, EPA’s role is to approve were to ‘‘expedite the construction of minor source NSR regulations at 40 CFR state choices, provided that they meet specific facilities that will have minimal 51.160–51.164, and other requirements the criteria of the Clean Air Act. impact to the ambient air and for those discussed in section II of this action. Accordingly, this final action merely Section 110(a)(2)(C) of the Act projects that may be impacted by approves certain state law as meeting contains the requirements for inclement weather (i.e. winter Federal requirements, disapproves other preconstruction review programs for months),’’ 15 ‘‘and to ensure that new state law as not meeting Federal minor sources and requires that each businesses and existing businesses requirements, and does not impose SIP include a program to regulate the looking to expand are permitted in an additional requirements beyond those construction and modification of expedited manner.’’ 16 79 FR 21428. If stationary sources as necessary to assure requested by South Dakota, EPA will imposed by state law. For that reason, this action: that the NAAQS are achieved. work with the State to develop revised • EPA’s minor source implementing rules that are consistent with the State Is not a ‘‘significant regulatory regulations are in 40 CFR 51.160– goals and consistent with the CAA and action’’ subject to review by the Office 51.164. The regulations require that a implementing regulations.17 of Management and Budget under SIP include ‘‘legally enforceable Executive Order 12866 (58 FR 51735, procedures that enable’’ the permitting IV. Final Action October 4, 1993); agency to determine whether In this rulemaking, we are taking final • Does not impose an information construction ‘‘will result in’’ action to: (1) Approve revisions to collection burden under the provisions interference with the NAAQS, 40 CFR 74:36:01:01 (Definitions); 74:36:02 of the Paperwork Reduction Act (44 51.160(a). The SIP must also include the (Ambient Air Quality); 74:36:03 (Air U.S.C. 3501 et seq.); means by which a state or local agency Quality Episodes); 74:36:04 (Operating • Is certified as not having a can ‘‘prevent’’ construction that ‘‘will Permits for Minor Sources); 74:36:10 significant economic impact on a interfere with the attainment or (New Source Review); 74:36:11 substantial number of small entities maintenance of a national standard.’’ 40 (Performance Testing); 74:36:12 (Control under the Regulatory Flexibility Act (5 CFR 51.160(b). 40 CFR 51.161(a) U.S.C. 601 et seq.); requires that the legally enforceable 15 State of South Dakota SIP Submittal, at PDF • Does not contain any unfunded procedures in 40 CFR 51.160 must also pages 170–171 (June 14, 2011, part 1 of 2). mandate or significantly or uniquely 16 State of South Dakota SIP Submittal, at PDF require the state or local agency to page 105 (June 14, 2011, part 2 of 2) (Board of affect small governments, as described provide opportunity for public comment Minerals and Environment Minutes, February 17, in the Unfunded Mandates Reform Act on information submitted by owners or 2011). of 1995 (Pub. L. 104–4); operators. The public information must 17 One option for South Dakota is to amend its • Does not have Federalism ‘‘initiating construction prior to permit issuance’’ implications as specified in Executive include the agency’s analysis of the section to allow only certain limited, seasonal, pre- effect of construction or modification on permit construction activities and specify which Order 13132 (64 FR 43255, August 10, ambient air quality, including the activities are allowed, and exclude construction of 1999); agency’s proposed approval or any emitting unit. An example of this type of pre- • Is not an economically significant permit construction language can be found in the disapproval. 40 CFR 51.161(b) requires Administrative Rules of Montana (ARM) regulatory action based on health or a minimum 30-day public comment 17.8.743(2), which EPA approved on August 8, safety risks subject to Executive Order period. Finally, the regulations require 2011 (76 FR 40237). 13045 (62 FR 19885, April 23, 1997);

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• Is not a significant regulatory action Under section 307(b)(1) of the Clean ■ b. By adding the table entry for subject to Executive Order 13211 (66 FR Air Act, petitions for judicial review of ‘‘74:36:01:10’’ in numerical order; 28355, May 22, 2001); this action must be filed in the United ■ c. By revising the table entry for • Is not subject to requirements of States Court of Appeals for the ‘‘74:36:01:20’’; Section 12(d) of the National appropriate circuit by August 26, 2014. ■ d. By adding the table entry for Technology Transfer and Advancement Filing a petition for reconsideration by ‘‘74:36:01:21’’ in numerical order; Act of 1995 (15 U.S.C. 272 note) because the Administrator of this final rule does ■ e. By revising the table entries for application of those requirements would not affect the finality of this action for ‘‘74:36:02:02’’ through ‘‘74:36:02:05’’, be inconsistent with the Clean Air Act; the purposes of judicial review nor does ‘‘74:36:03:01’’, and ‘‘74:36:03:02’’; and it extend the time within which a ■ f. By adding the table entries for • petition for judicial review may be filed, ‘‘74:36:04:02’’, ‘‘74:36:04:02.01’’, and Does not provide EPA with the and shall not postpone the effectiveness discretionary authority to address, as ‘‘74:36:04:03’’ in numerical order; of such rule or action. This action may ■ g. By revising the table entry for appropriate, disproportionate human not be challenged later in proceedings to health or environmental effects, using ‘‘74:36:04:04’’; enforce its requirements. (See CAA ■ h. By adding the table entries for practicable and legally permissible section 307(b)(2).) methods, under Executive Order 12898 ‘‘74:36:04:06’’, ‘‘74:36:04:07’’, (59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52 ‘‘74:36:04:09’’, ‘‘74:36:04:10’’, ‘‘74:36:04:12’’, ‘‘74:36:04:12.01’’, In addition, this rule does not have Environmental protection, Air ‘‘74:36:04:13’’, ‘‘74:36:04:15’’ through tribal implications as specified by pollution control, Carbon monoxide, ‘‘74:36:04:18’’, ‘‘74:36:04:20’’, Executive Order 13175 (65 FR 67249, Incorporation by reference, ‘‘74:36:04:20.01’’, ‘‘74:36:04:20.04’’, November 9, 2000), because the SIP is Intergovernmental relations, Lead, ‘‘74:36:04:23’’, ‘‘74:36:04:27’’, and not approved to apply in Indian country Nitrogen dioxide, Ozone, Particulate ‘‘74:36:04:32’’ in numerical order; located in the state, and EPA notes that matter, Reporting and recordkeeping ■ i. By revising the table entries for it will not impose substantial direct requirements, Sulfur oxides, Volatile ‘‘74:36:10:02’’, ‘‘74:36:10:03.01’’, costs on tribal governments or preempt organic compounds. ‘‘74:36:10:05’’, ‘‘74:36:10:07’’, and tribal law. Authority: 42 U.S.C. 7401 et seq. ‘‘74:36:10:08’’; The Congressional Review Act, 5 Dated: May 29, 2014. ■ j. By removing the table entries for U.S.C. 801 et seq., as added by the Small Shaun L. McGrath, ‘‘74:36:10:09’’ and ‘‘74:36:10:10’’ and Business Regulatory Enforcement Regional Administrator, Region 8. the second entry for ‘‘74:36:13:07’’ ; Fairness Act of 1996, generally provides ■ k. By revising the table entries for that before a rule may take effect, the 40 CFR part 52 is amended as follows: ‘‘74:36:11:01’’, ‘‘74:36:12:01’’, agency promulgating the rule must PART 52—APPROVAL AND ‘‘74:36:12:03’’, ‘‘74:36:13:02’’, submit a rule report, which includes a PROMULGATION OF ‘‘74:36:13:03’’, ‘‘74:36:13:04’’, copy of the rule, to each House of the IMPLEMENTATION PLANS ‘‘74:36:13:06’’, the first entry for Congress and to the Comptroller General ‘‘74:36:13:07’’, and the entries for of the United States. EPA will submit a ■ 1. The authority citation for Part 52 ‘‘74:36:13:08’’, and ‘‘74:36:18:10’’; and report containing this action and other continues to read as follows: ■ l. By adding a new centered heading required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq. for ‘‘74:36:20 [Construction Permits For the U.S. House of Representatives, and New Sources Or Modifications]’’ and the Comptroller General of the United Subpart QQ—South Dakota the table entries ‘‘74:36:20:01 through States prior to publication of the rule in 74:36:20:24’’, in numerical order. the Federal Register. A major rule ■ 2. Section 52.2170 is amended in the The amendments read as follows: cannot take effect until 60 days after it table titled ‘‘State of South Dakota is published in the Federal Register. Regulations’’ in paragraph (c)(1): § 52.2170 Identification of plan. This action is not a ‘‘major rule’’ as ■ a. By revising the table entries for * * * * * defined by 5 U.S.C. 804(2). ‘‘74:36:01:01’’ and ‘‘74:36:01:05’’; (c) * * *

State EPA approval date State citation Title/subject effective 1 Explanations date and citation

74:36:01 Definitions

74:36:01:01 ...... Definitions ...... 4/20/2011 6/27/2014, [Insert Federal Register citation]. 74:36:01:05 ...... Applicable requirements of the 6/28/2010 6/27/2014, [Insert Federal Clean Air Act defined. Register citation].

******* 74:36:01:10 ...... Modification defined ...... 6/28/2010 6/27/2014, [Insert Federal Register citation].

******* 74:36:01:20 ...... Physical change in or change 6/28/2010 6/27/2014, [Insert Federal in the method of operation Register citation]. defined. 74:36:01:21 ...... Commence construction de- 6/28/2010 6/27/2014, [Insert Federal fined. Register citation].

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State EPA approval date State citation Title/subject effective 1 Explanations date and citation

74:36:02 Ambient Air Quality

74:36:02:02 ...... Ambient air quality standards 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:02:03 ...... Methods of sampling and 6/28/2010 6/27/2014, [Insert Federal analysis. Register citation]. 74:36:02:04 ...... Air quality monitoring network 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:02:05 ...... Ambient air monitoring re- 6/28/2010 6/27/2014, [Insert Federal quirements. Register citation].

74:36:03 Air Quality Episodes

74:36:03:01 ...... Air pollution emergency epi- 6/28/2010 6/27/2014, [Insert Federal sode. Register citation]. 74:36:03:02 ...... Episode emergency contin- 6/28/2010 6/27/2014, [Insert Federal gency plan. Register citation].

74:36:04 Operating Permits for Minor Sources

74:36:04:02 ...... Minor source operating permit 6/28/2010 6/27/2014, [Insert Federal required. Register citation]. 74:36:04:02.01 ...... Minor source operating permit 6/28/2010 6/27/2014, [Insert Federal exemption. Register citation]. 74:36:04:03 ...... Emission unit exemptions ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:04:04 ...... Standard for issuance of a 6/28/2010 6/27/2014, [Insert Federal minor source operating per- Register citation]. mit. 74:36:04:06 ...... Timely and complete applica- 6/28/2010 6/27/2014, [Insert Federal tion for operating permit re- Register citation]. quired. 74:36:04:07 ...... Required contents of complete 6/28/2010 6/27/2014, [Insert Federal application for operating Register citation]. permit. 74:36:04:09 ...... Permit application—Complete- 6/28/2010 6/27/2014, [Insert Federal ness review. Register citation]. 74:36:04:10 ...... Time period for department’s 6/28/2010 6/27/2014, [Insert Federal recommendation. Register citation]. 74:36:04:12 ...... Public participation in permit- 6/28/2010 6/27/2014, [Insert Federal ting process. Register citation]. 74:36:04:12.01 ...... Public review of department’s 6/28/2010 6/27/2014, [Insert Federal draft permit. Register citation]. 74:36:04:13 ...... Final permit decision—Notice 6/28/2010 6/27/2014, [Insert Federal to interested persons. Register citation]. 74:36:04:15 ...... Contents of operating permit .. 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:04:16 ...... Operating permit expiration .... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:04:17 ...... Renewal of operating permit .. 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:04:18 ...... Operating permit revision ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:04:20 ...... Procedures for administrative 6/28/2010 6/27/2014, [Insert Federal permit amendments. Register citation]. 74:36:04:20.01 ...... Minor permit amendment re- 6/28/2010 6/27/2014, [Insert Federal quired. Register citation]. 74:36:04:20.04 ...... Department deadline to ap- 6/28/2010 6/27/2014, [Insert Federal prove minor permit amend- Register citation]. ment. 74:36:04:23 ...... Reopening operating permit 6/28/2010 6/27/2014, [Insert Federal for cause. Register citation]. 74:36:04:27 ...... Operating permit termination, 6/28/2010 6/27/2014, [Insert Federal revision, and revocation. Register citation]. 74:36:04:32 ...... General permits ...... 6/28/2010 6/27/2014, [Insert Federal Register citation].

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State EPA approval date State citation Title/subject effective 1 Explanations date and citation

*******

74:36:10 New Source Review

74:36:10:02 ...... Definitions ...... 6/25/2013 6/27/2014, [Insert Federal Register citation]. 74:36:10:03.01 ...... New source review 6/25/2013 6/27/2014, [Insert Federal preconstruction permit re- Register citation]. quired. 74:36:10:05 ...... New source review 6/25/2013 6/27/2014, [Insert Federal preconstruction permit. Register citation]. 74:36:10:07 ...... Determining credit for emis- 6/25/2013 6/27/2014, [Insert Federal sion offsets. Register citation]. 74:36:10:08 ...... Projected actual emissions ..... 6/25/2013 6/27/2014, [Insert Federal Register citation].

74:36:11 Performance Testing

74:36:11:01 ...... Stack performance testing or 6/28/2010 6/27/2014, [Insert Federal other testing methods. Register citation].

74:36:12 Control of Visible Emissions

74:36:12:01 ...... Restrictions on visible emis- 6/28/2010 6/27/2014, [Insert Federal sions. Register citation]. 74:36:12:03 ...... Exceptions granted to alfalfa 6/28/2010 6/27/2014, [Insert Federal pelletizers or dehydrators. Register citation].

74:36:13 Continuous Emissions Monitoring Systems

74:36:13:02 ...... Minimum performance speci- 6/28/2010 6/27/2014, [Insert Federal fications for all continuous Register citation]. emission monitoring systems. 74:36:13:03 ...... Reporting requirements ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:13:04 ...... Notice to department of ex- 6/28/2010 6/27/2014, [Insert Federal ceedance. Register citation]. 74:36:13:06 ...... Compliance certification ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:13:07 ...... Credible evidence ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:13:08 ...... Compliance assurance moni- 6/28/2010 6/27/2014, [Insert Federal toring. Register citation].

*******

74:36:18 Regulations for State Facilities In the Rapid City Area

******* 74:36:18:10 ...... Visible emission limit for con- 6/28/2010 6/27/2014, [Insert Federal struction and continuous op- Register citation]. eration activities.

*******

74:36:20 Construction Permits For New Sources Or Modifications

74:36:20:01 ...... Applicability ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:20:02 ...... Construction permit required .. 4/20/2011 6/27/2014, [Insert Federal Except for ‘‘, unless it meets Register citation]. the requirements in section 74:36:20:02.01’’. 74:36:20:03 ...... Construction permit exemption 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:20:04 ...... Emission unit exemptions ...... 6/28/2010 6/27/2014, [Insert Federal Register citation]. 74:36:20:05 ...... Standard for issuance of con- 6/28/2010 6/27/2014, [Insert Federal struction permit. Register citation]. 74:36:20:06 ...... Timely and complete applica- 6/28/2010 6/27/2014, [Insert Federal tion for a construction per- Register citation]. mit required.

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State EPA approval date State citation Title/subject effective 1 Explanations date and citation

74:36:20:07 ...... Required contents of complete 6/28/2010 6/27/2014, [Insert Federal application for a construc- Register citation]. tion permit. 74:36:20:08 ...... Applicant required to supple- 6/28/2010 6/27/2014, [Insert Federal ment or correct application. Register citation]. 74:36:20:09 ...... Permit application—Complete- 6/28/2010 6/27/2014, [Insert Federal ness review. Register citation]. 74:36:20:10 ...... Time period for department’s 6/28/2010 6/27/2014, [Insert Federal recommendation. Register citation]. 74:36:20:11 ...... Public participation in permit- 6/28/2010 6/27/2014, [Insert Federal ting process. Register citation]. 74:36:20:12 ...... Public review of department’s 6/28/2010 6/27/2014, [Insert Federal draft permit. Register citation]. 74:36:20:13 ...... Final permit decision—Notice 6/28/2010 6/27/2014, [Insert Federal to interested persons. Register citation]. 74:36:20:14 ...... Right to petition for contested 6/28/2010 6/27/2014, [Insert Federal case hearing. Register citation]. 74:36:20:15 ...... Contents of construction per- 6/28/2010 6/27/2014, [Insert Federal mit. Register citation]. 74:36:20:16 ...... Administrative permit amend- 6/28/2010 6/27/2014, [Insert Federal ment. Register citation]. 74:36:20:17 ...... Procedures for administrative 6/28/2010 6/27/2014, [Insert Federal permit amendments. Register citation]. 74:36:20:18 ...... Reopening construction permit 6/28/2010 6/27/2014, [Insert Federal for cause. Register citation]. 74:36:20:19 ...... Procedures to reopen con- 6/28/2010 6/27/2014, [Insert Federal struction permit. Register citation]. 74:36:20:20 ...... Construction permit does not 6/28/2010 6/27/2014, [Insert Federal exempt from other require- Register citation]. ments. 74:36:20:21 ...... Expiration of a construction 6/28/2010 6/27/2014, [Insert Federal permit. Register citation]. 74:36:20:22 ...... Notice of constructing or oper- 6/28/2010 6/27/2014, [Insert Federal ating noncompliance—Con- Register citation]. tents. 74:36:20:23 ...... Petition for contested case on 6/28/2010 6/27/2014, [Insert Federal alleged violation. Register citation]. 74:36:20:24 ...... Circumvention of emissions 6/28/2010 6/27/2014, [Insert Federal not allowed. Register citation].

******* 1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.

* * * * * ENVIRONMENTAL PROTECTION 35096 in the issue of Thursday, June 19, [FR Doc. 2014–14031 Filed 6–26–14; 8:45 am] AGENCY 2014, make the following correction: BILLING CODE 6560–50–P On page 35093, the table titled 40 CFR Part 141 ‘‘ALTERNATIVE TESTING METHODS [EPA–HQ–OW–2014–0408; FRL–9912–52– FOR CONTAMINANTS LISTED AT 40 OW] CFR 141.852(a)(5)’’ should read as follows: Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures Correction In rule document 2014–14369, appearing on pages 35081 through

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.852(a)(5)

SM 20th, Organism Methodology category Method 21st edi- SM 22nd Edition 28 SM Online 3 tions 16

Total Coliforms ...... Lactose Fermentation Standard Total Coliform ...... 9221 B.1, B.2 ...... 9221 B.1, B.2–06. Methods. Fermentation Tech- nique. Enzyme Substrate Colilert® ...... 9223 B ...... 9223 B–04. Methods. Colisure® ...... 9223 B ...... 9223 B–04. Colilert-18® ...... 9223 B ... 9223 B ...... 9223 B–04. Tecta EC/TC .33 Escherichia coli ...... Escherichia coli Proce- EC–MUG medium ...... 9221 F.1 ...... 9221 F.1–06. dure (following Lac- tose Fermentation Methods). Enzyme Substrate Colilert® ...... 9223 B ...... 9223 B–04. Methods. Colisure® ...... 9223 B ...... 9223 B–04. Colilert-18® ...... 9223 B ... 9223 B ...... 9223 B–04. Tecta EC/TC.33

[FR Doc. C1–2014–14369 Filed 6–26–14; 8:45 am] action applies to the Deepwater Horizon the Natural Resource Damage Assessment BILLING CODE 1505–01–D Oil Spill only, and does not affect any and restoration efforts will maximize prior or subsequent designations. coordination across the Federal Government and enhance overall efficiencies regarding DATES: This rule is effective on June 27, Gulf Coast ecosystem restoration. ENVIRONMENTAL PROTECTION 2014. AGENCY Accordingly, without limiting the FOR FURTHER INFORMATION CONTACT: Ms. designations in Executive Order 12777 of 40 CFR Part 300 Gale C. Bonanno, Office of Water (4503– October 18, 1991, or any other existing T), U.S. Environmental Protection designations, and pursuant to section [FRL–9739–9–OW] Agency, 1200 Pennsylvania Avenue 2706(b)(2) of title 33, United States Code, I hereby designate the Administrator of EPA NW., Washington, DC 20460; telephone National Oil and Hazardous and the Secretary of Agriculture as additional number 202–564–2243; email address: Substances Pollution Contingency trustees for Natural Resource Damage [email protected]. Plan; Listing of Trustee Designations Assessment and restoration solely in SUPPLEMENTARY INFORMATION: In connection with injury to, destruction of, loss AGENCY: Environmental Protection accordance with E.O. 13626 of of, or loss of use of natural resources, Agency (EPA). September 10, 2012 (77 FR 56749, including their supporting ecosystems, ACTION: Final rule. September 13, 2012), entitled, ‘‘Gulf resulting from the Deepwater Horizon Oil Spill. The addition of these Federal trustees Coast Ecosystem Restoration,’’ EPA is SUMMARY: In this action, the does not, in and of itself, alter any existing revising Subpart G of the NCP, 40 CFR agreements among or between the trustees Environmental Protection Agency (EPA part 300, to reflect the President’s or ‘‘the Agency’’) is conforming the and any other entity. All Federal trustees are designation of the Administrator of EPA directed to consult, coordinate, and listing of trustee designations for natural and the Secretary of Agriculture as cooperate with each other in carrying out all resources in the National Oil and additional trustees in connection with of their trustee duties and responsibilities. Hazardous Substances Pollution injury to, destruction of, loss of, or loss The Administrator of EPA is hereby Contingency Plan (NCP) in accordance of use of natural resources, including directed to revise Subpart G of the National with Executive Order (E.O.) 13626, their supporting ecosystems, resulting Oil and Hazardous Substances Pollution Contingency Plan to reflect the designations ‘‘Gulf Coast Ecosystem Restoration,’’ from the Deepwater Horizon Oil Spill. issued on September 10, 2012. E.O. for the Deepwater Horizon Oil Spill Section 5 of E.O. 13626 provides as discussed in this section. 13626 designated the Administrator of follows: EPA and the Secretary of the United Today EPA is issuing a final rule States Department of Agriculture Sec. 5. Designating Trustees for Natural revising Subpart G of the National Oil (USDA) to act as additional trustees for Resource Damage Assessment. Given their and Hazardous Substances Pollution authorities, programs, and expertise, the Natural Resource Damage Assessment Environmental Protection Agency (EPA) and Contingency Plan to reflect the and restoration solely in connection the Department of Agriculture (USDA) have designations for the Deepwater Horizon with injury to, destruction of, loss of, or institutional capacities that can contribute Oil Spill discussed in Section 5 of the loss of use of natural resources, significantly to the Natural Resource Damage E.O. including their supporting ecosystems, Assessment and restoration efforts, including E.O. 13626 is an exercise of the resulting from the Deepwater Horizon scientific and policy expertise as well as President’s statutory authorities under Oil Spill. The Administrator’s and experience gained in the Task Force process section 311 of the Federal Water Secretary’s trusteeship became effective and other planning efforts in the Gulf area. Pollution Control Act (FWPCA) (33 immediately pursuant to the President’s In addition, EPA’s and USDA’s relevant U.S.C. 1321), section 1006 of the Oil authorities cover a range of natural resources designation. This action is being taken and their supporting ecosystems, including Pollution Act of 1990 (OPA) (33 U.S.C. pursuant to a directive in the Executive waters, sediments, barrier islands, wetlands, 2706), and 3 U.S.C. 301. Under OPA Order to revise Subpart G of the NCP to soils, land management, air resources, and section 1002, those responsible for oil reflect the additional designations for drinking water supplies. The inclusion of spills are liable for, among other things, the Deepwater Horizon Oil Spill. This EPA and USDA as trustees participating in damages for injury to, destruction of,

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loss of, or loss of use of, natural Notice-and-comment rulemaking is require the collection of any resources, including the reasonable unnecessary because this action is information. costs of assessing the damage. These ministerial in nature. The President damages are recoverable by a United exercised his statutory authority under C. Regulatory Flexibility Act States trustee, a State trustee, an Indian section 311 of the Federal Water Today’s final rule is not subject to the tribe trustee, or a foreign trustee. 33 Pollution Control Act (33 U.S.C. 1321), Regulatory Flexibility Act (RFA), which U.S.C. 2702(b)(2)(A). Under OPA section 1006 of the Oil Pollution Act of generally requires an agency to prepare section 1006, Federal trustees are 1990 (33 U.S.C. 2706), and 3 U.S.C. 301 a regulatory flexibility analysis for any authorized to pursue claims for natural to designate the Administrator and the rule that will have a significant resource damages under 33 U.S.C. Secretary as trustees and directed EPA economic impact on a substantial 2702(b)(2)(A) for natural resources to revise Subpart G of the NCP belonging to, managed by, controlled by, accordingly. There is no discretion to number of small entities. The RFA or appertaining to the United States. 33 alter the designation and this is simply applies only to rules subject to notice U.S.C. 2706(a). Designated Federal a revision to the text of the Code of and comment rulemaking requirements trustees are authorized to: Assess Federal Regulations to reflect the under the Administrative Procedure Act natural resource damages for the natural designations made by the President. (APA) or any other statute. This rule is resources under their trusteeship; upon Providing an opportunity for notice and not subject to notice and comment request of and reimbursement from a comment, therefore, is unnecessary. requirements under the APA or any State or Indian tribe and at the Federal There also is good cause under APA other statute because it does not impose officials’ discretion, assess damages for section 553(d)(3) for this revision to any requirements on any entity, the natural resources under the State’s become effective on the date of including small entities. or tribe’s trusteeship; and develop and publication of this action. Section implement a plan for the restoration, 553(d)(3) of the APA allows an effective D. Unfunded Mandates Reform Act rehabilitation, replacement, or date less than 30 days after publication This action contains no Federal acquisition of the equivalent, of the ‘‘as otherwise provided by the agency mandates under the provisions of Title natural resources under their for good cause found and published II of the Unfunded Mandates Reform trusteeship. 33 U.S.C. 2706(c). with the rule.’’ 5 U.S.C. 553(d)(3). The In compliance with Section 5 of E.O. Act of 1995 (UMRA), 2 U.S.C. 1531– purpose of the 30-day waiting period 1538 for State, local, or tribal 13626, today EPA is amending prescribed in APA section 553(d)(3) is governments or the private sector. The subsection 300.600(b) of Subpart G of to give affected parties a reasonable time action imposes no enforceable duty on the NCP to include a new paragraph (5). to adjust their behavior and prepare The designation of the Administrator before the final rule takes effect. This any State, local or tribal governments or of EPA and the Secretary of Agriculture rule, however, does not create any new the private sector. Therefore, this action as trustees for the Deepwater Horizon regulatory requirements or take other is not subject to the requirements of Oil Spill was effective upon the actions such that affected parties would sections 202 or 205 of the UMRA. This President’s signature of E.O. 13626. This need time to prepare before the rule action is also not subject to the action merely conforms the NCP’s takes effect. Rather, this action merely requirements of section 203 of UMRA trustee ‘‘listing’’ provisions for purposes revises the listing of trustees in Subpart because it contains no regulatory of identifying the relevant trustees for a G of the NCP to reflect designations requirements that might significantly or particular incident under OPA. See 40 done by the President through E.O. uniquely affect small governments. CFR 300.3(b)(6); 59 FR 47385 (Sept. 15, 13626. For these reasons, there is good 1994). This action is taken solely to E. Executive Order 13132 (Federalism) cause under APA section 553(d)(3) for comply with E.O. 13626 and includes this revision to become effective on the no other amendments to the NCP or This action does not have federalism date of publication of this action. other regulatory action. This action implications. It will not have substantial applies to the Deepwater Horizon Oil Statutory and Executive Order Reviews direct effects on the States, on the Spill only, and does not affect any prior relationship between the national or subsequent designations. A. Executive Order 12866: Regulatory government and the States, or on the Regulations and procedures governing Planning and Review and Executive distribution of power and the conduct and functions of trustees for Order 13563: Improving Regulation and responsibilities among the various Regulatory Review natural resources under OPA are levels of government, as specified in provided in the NCP, and the Natural This action is not a ‘‘significant Executive Order 13132. This action Resource Damage Assessment (NRDA) regulatory action’’ under the terms of merely revises the list of trustee regulations at 15 CFR Part 990 issued by Executive Order 12866 (58 FR 51735, designations in Subpart G of the NCP to the National Oceanic and Atmospheric October 4, 1993) and is therefore not reflect new designations the President Administration (NOAA) pursuant to subject to review under Executive made in E.O. 13626. Thus, Executive OPA section 1006(e), 33 U.S.C. 2706(e). Orders 12866 and 13563 (76 FR 3821, Order 13132 does not apply to this Section 553 of the Administrative January 21, 2011). action. Procedure Act (APA), 5 U.S.C. B. Paperwork Reduction Act 553(b)(3)(B), provides that, when an F. Executive Order 13175 agency for good cause finds notice and This action does not impose an public procedure are impracticable, information collection burden under the This action does not have tribal unnecessary, or contrary to the public provisions of the Paperwork Reduction implications, as specified in Executive interest, the agency may issue a rule Act, 44 U.S.C. 3501 et seq. Burden is Order 13175 (65 FR 67249, November 9, without providing notice and an defined at 5 CFR 1320.3(b). This action 2000). It does not create new binding opportunity for public comment. There merely revises the list of trustee legal requirements that substantially is good cause to revise Subpart G of the designations in Subpart G of the NCP to and directly affect Tribes. Thus, NCP without providing notice and an reflect new designations the President Executive Order 13175 does not apply opportunity for public comment. made in E.O. 13626 and does not to this action.

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G. Executive Order 13045: Protection of supported by a brief statement. 5 U.S.C. DEPARTMENT OF HEALTH AND Children From Environmental Health 808(2). As stated previously, EPA has HUMAN SERVICES Risks and Safety Risks made such a good cause finding, EPA interprets EO 13045 (62 FR including the reasons therefore, and 45 CFR Part 153 19885, April 23, 1997) as applying only established an effective date of June 27, [CMS–9954–F2] to those regulatory actions that concern 2014. EPA will submit a report RIN–0938–AR89 health or safety risks, such that the containing this rule and other required analysis required under section 5–501 of information to the U.S. Senate, the U.S. Patient Protection and Affordable Care the EO has the potential to influence the House of Representatives, and the Act; HHS Notice of Benefit and regulation. This action is not subject to Comptroller General of the United Payment Parameters for 2015; EO 13045 because it does not establish States prior to publication of the rule in Correcting Amendment an environmental standard intended to the Federal Register. This action is not mitigate health or safety risks. a ‘‘major rule’’ as defined by 5 U.S.C. AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. H. Executive Order 13211: Actions 804(2). ACTION: Final rule; correcting Concerning Regulations That List of Subjects in 40 CFR Part 300 Significantly Affect Energy Supply, amendment. Distribution, or Use Environmental protection, Chemicals, SUMMARY: In the March 11, 2014 issue This action is not subject to Executive Hazardous materials, Hazardous of the Federal Register (79 FR 13744), Order 13211 (66 FR 28355 (May 22, substances, Intergovernmental relations, we published a final rule entitled, 2001)), because it is not a significant Natural resources, Oil pollution. ‘‘Patient Protection and Affordable Care regulatory action under Executive Order Dated: June 18, 2014. Act; HHS Notice of Benefit and Payment 12866. Parameters for 2015.’’ The effective date Gina McCarthy, was May 12, 2014. This correcting I. Executive Order 12898: Federal Administrator. amendment corrects a technical error Actions To Address Environmental identified in the March 11, 2014 final Justice in Minority Populations and For the reasons set out in the rule. Low-Income Populations preamble, 40 CFR part 300 is amended DATES: Effective Date: This correcting Executive Order (EO) 12898 (59 FR as follows: amendment is effective June 26, 2014. 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental PART 300—NATIONAL OIL AND FOR FURTHER INFORMATION CONTACT: Jeff justice. Its main provision directs HAZARDOUS SUBSTANCES Wu, (301) 492–4305 or Adrianne federal agencies, to the greatest extent POLLUTION CONTINGENCY PLAN Glasgow, (410) 786–0686. practicable and permitted by law, to SUPPLEMENTARY INFORMATION: ■ 1. The authority citation for part 300 make environmental justice part of their I. Background mission by identifying and addressing, is revised to read as follows: In FR Doc. 2014–0505 (79 FR 13744), as appropriate, disproportionately high Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. and adverse human health or the final rule entitled ‘‘Patient 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Protection and Affordable Care Act; environmental effects of their programs, 2013 Comp., p.306; E.O. 12777, 56 FR 54757, policies, and activities on minority HHS Notice of Benefit and Payment 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR Parameters for 2015; Final Rule’’ populations and low-income 2923, 3 CFR, 1987 Comp., p.193. populations in the United States. (hereinafter referred to as the 2015 EPA has determined that this final Subpart G—Trustees for Natural Payment Notice), there was a technical rule will not have disproportionately Resources error that is identified and corrected in high and adverse human health or the regulations text of this correcting environmental effects on minority or amendment. The provision of this ■ 2. Section 300.600 is revised by low-income populations because it does correcting amendment is effective June adding paragraph (b)(5), to read as not affect the level of protection 26, 2014. follows: provided to human health or the II. Summary of Errors in the environment. § 300.600 Designation of federal trustees. Regulations Text J. Congressional Review Act * * * * * On page 13834 in the definition of The Congressional Review Act, 5 (b) * * * ‘‘contributing entity at 45 CFR § 153.20, U.S.C. 801 et seq., as added by the Small (5) Additional trustees for the we inadvertently used the word Business Regulatory Enforcement ‘‘volume’’ instead of ‘‘value.’’ As Deepwater Horizon Oil Spill. The Fairness Act of 1996, generally provides detailed in the preamble of the 2015 Administrator of EPA and the Secretary that before a rule may take effect, the Payment Notice (79 FR 13744, 13775), of Agriculture shall act as trustees in agency promulgating the rule must for purposes of the definition of submit a rule report, which includes a connection with injury to, destruction contributing entity, ‘‘a de minimis copy of the rule, to each House of the of, loss of, or loss of use of natural amount means up to 5 percent, as Congress and to the Comptroller General resources, including their supporting measured by the amount of enrollment of the United States. Section 808 allows ecosystems, resulting from the or claims processing transactions for the issuing agency to make a rule Deepwater Horizon Oil Spill. non-pharmacy and non-excepted effective sooner than otherwise [FR Doc. 2014–15158 Filed 6–26–14; 8:45 am] benefits which are outsourced, or by the provided by the CRA if the agency BILLING CODE 6550–50–P value of the outsourced enrollment or makes a good cause finding that notice claims processing transactions for non- and public procedure is impracticable, pharmacy and non-excepted benefits unnecessary or contrary to the public (measured by the cost of the outsourced interest. This determination must be services compared to the sum of those

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costs plus the fully loaded costs—that Accordingly, 45 CFR is corrected by DEPARTMENT OF HOMELAND is, including an appropriate share of making the following correcting SECURITY indirect costs, such as fixed and amendment to part 153: overhead expenses—reasonably Transportation Security Administration allocated, borne by the self-insured plan PART 153—STANDARDS RELATED TO for such services).’’ Accordingly, we are REINSURANCE, RISK CORRIDORS, 49 CFR Part 1510 revising the definition to include the AND RISK ADJUSTMENT UNDER THE correct word. AFFORDABLE CARE ACT [Docket No. TSA–2001–11120; Amendment No. 1510–4] III. Waiver of Proposed Rulemaking ■ 1. The authority citation for part 153 and Delay in Effective Date RIN 1652–AA68 continues to read as follows: We ordinarily publish a notice of Adjustment of Passenger Civil Aviation proposed rulemaking in the Federal Authority: Secs. 1311, 1321, 1341–1343, Pub. L. 111–148, 24 Stat. 119. Security Service Fee; Interim Final Register to provide a period for public Rule; Correction comment before the provisions of a rule § 153.20 [Corrected] take effect in accordance with section AGENCY: Transportation Security 553(b) of the Administrative Procedure ■ 2. In § 153.20, amend paragraph (2) of Administration (TSA), DHS. Act (APA) (5 U.S.C. 553(b)). However, the definition of ‘‘contributing entity’’ ACTION: Interim final rule; request for we can waive this notice and comment by removing the word ‘‘volume’’ and comments; correction. procedure if the Secretary finds, for adding in its place ‘‘value.’’ good cause, that the notice and SUMMARY: The Transportation Security Dated: June 17, 2014. comment process is impracticable, Administration (TSA) is correcting an unnecessary, or contrary to the public C’Reda Weeden, interim final rule (IFR) published in the interest, and incorporates a statement of Executive Secretary to the Department, Federal Register on June 20, 2014. This the finding and the reasons therefore in Department of Health and Human Services. IFR implements amendments to 49 the notice. [FR Doc. 2014–15099 Filed 6–26–14; 8:45 am] U.S.C. 44940, which authorizes TSA to Section 553(d) of the APA ordinarily BILLING CODE 4120–01–P impose fees to defray the government’s requires a 30-day delay in the effective costs for providing civil aviation date of final rules after the date of their security services, such as those related publication in the Federal Register. DEPARTMENT OF HEALTH AND to screening personnel, screening This 30-day delay in effective date can HUMAN SERVICES equipment, and other specified security be waived, however, if an agency finds services.1 That document inadvertently for good cause that the delay is Office of the Secretary failed to note the proper citation in a impracticable, unnecessary, or contrary footnote in the Background section. This to the public interest, and the agency 45 CFR Part 160 document corrects the interim final rule incorporates a statement of the findings by revising this section. and its reasons in the rule issued. General Administrative Requirements DATES: Effective Date: This IFR is This document merely corrects a CFR Correction effective at 12:00 a.m. (Eastern Daylight technical error in the regulation text and Time) on July 21, 2014. does not change the policy set forth in ■ In Title 45 of the Code of Federal Comment Date: Comments must be the 2015 Payment Notice. Therefore, we Regulations, Parts 1 to 199, revised as of received by August 19, 2014. believe that undertaking further notice October 1, 2013, on page 983, in FOR FURTHER INFORMATION CONTACT: and comment procedures to incorporate § 160.103, a definition of Manifestation Michael Gambone, Office of Revenue, this correction and delay the effective or manifested is added in alphabetical TSA–14, Transportation Security date for this change is unnecessary. In order to read as follows: Administration, 601 South 12th Street, addition, we believe it is important for Arlington, VA 20598–6014; telephone the public to have the correct § 160.103 Definitions. (571) 227–2323; email [email protected]. information as soon as possible, and * * * * * SUPPLEMENTARY INFORMATION: In FR Doc. believe it is contrary to the public 2014–14488 appearing on page 35463 in interest to delay when they become Manifestation or manifested means, with respect to a disease, disorder, or the Federal Register of Friday, June 20, effective. For the reasons stated 2014, the following correction is made: previously, we find there is good cause pathological condition, that an to waive notice and comment individual has been or could reasonably Correction procedures and the 30-day delay in the be diagnosed with the disease, disorder, In FR Doc. 2014–14488, published on effective date for this correcting or pathological condition by a health June 20, 2014 (79 FR 35461), make the amendment. care professional with appropriate following correction: training and expertise in the field of List of Subjects in 45 CFR Part 153 1. On page 35463, in the first column, medicine involved. For purposes of this footnote three is corrected to read as Administrative practice and subchapter, a disease, disorder, or follows: procedure, Adverse selection, Health pathological condition is not manifested ‘‘ 3 Consistent with 49 U.S.C. care, Health insurance, Health records, if the diagnosis is based principally on 40102(a)(5), ‘‘air transportation’’ means Organization and functions genetic information. ‘‘foreign air transportation, interstate air (Government agencies), Premium * * * * * transportation, or the transportation of stabilization, Reporting and [FR Doc. 2014–15102 Filed 6–26–14; 8:45 am] mail by aircraft.’’ recordkeeping requirements, BILLING CODE 1505–01–D Reinsurance, Risk adjustment, Risk 1 See 49 U.S.C. 44940(a)(1) (enumerating specific corridors, Risk mitigation, State and aviation security services intended to be funded at local governments. least in part by the fee referenced herein).

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Dated: June 24, 2014. Bullard, Regional Administrator, implementing regulations that hold Traci Klemm, National Marine Fisheries Service, 55 sectors accountable for using carryover Assistant Chief Counsel for Multi Modal Great Republic Drive, Gloucester, MA of annual catch entitlement (ACE) from Security Standards. 01930. Mark the outside of the FY 2012 in FY 2013. The Court [FR Doc. 2014–15162 Filed 6–26–14; 8:45 am] envelope, ‘‘Comments on the Court invalidated the carryover measures BILLING CODE 9110–05–P remedy carryover emergency rule.’’ implemented in association with • Fax: (978) 281–9135, Attn: Michael Framework Adjustment 50 (FW 50) to Ruccio. the NE Multispecies Fishery DEPARTMENT OF COMMERCE Instructions: Comments sent by any Management Plan (FMP) because the other method, to any other address or measures failed to prevent total National Oceanic and Atmospheric individual, or received after the end of potential catches of certain stocks (ACEs Administration the comment period, may not be plus carryovers) from exceeding their considered by NMFS. All comments annual biological catches (ABCs). This 50 CFR Part 648 received are a part of the public record action implements revised carryover and will generally be posted for public measures for FY 2013 to comply with [Docket No. 140616507–4507–01] viewing on www.regulations.gov the Court’s findings. The action does not RIN 0648–BE19 without change. All personal identifying delete the specific regulations information (e.g., name, address, etc.), invalidated by the Court at Magnuson-Stevens Fishery confidential business information, or § 648.87(b)(1)(i)(C) because they were Conservation and Management Act otherwise sensitive information already removed, inadvertently, when Provisions; Fisheries of the submitted voluntarily by the sender will FW 51 measures were implemented on Northeastern United States; Northeast be publicly accessible. NMFS will May 1, 2014. This action requires an Multispecies Fishery; Unused Catch accept anonymous comments (enter ‘‘N/ accountability measure for a sector that Carryover; Emergency Action A’’ in the required fields if you wish to harvests its carryover catch from FY AGENCY: National Marine Fisheries remain anonymous). Attachments to 2012 of a stock in FY 2013 if the Service (NMFS), National Oceanic and electronic comments will be accepted in cumulative sub-annual catch limit Atmospheric Administration (NOAA), Microsoft Word, Excel, or Adobe PDF (ACL) for all sectors, and, the overall Commerce. file formats only. ACL of such stock is exceeded. The A National Environmental Policy Act accountability measure is a pound-for- ACTION: Temporary rule; emergency (NEPA) Supplemental Information action; request for comments. pound reduction (or ‘‘payback’’) of that Report (SIR), including a Regulatory sector’s FY 2014 ACE for an applicable SUMMARY: NMFS is changing the Impact Review, has been prepared for stock equal to the amount of the accounting system and accountability this action. Copies of the SIR prepared carryover used after deducting a de measures implemented last year for for this action by NMFS are available minimis amount. fishing year 2012 Northeast from John K. Bullard, Regional The following stepwise evaluation multispecies fishery sector annual catch Administrator, 55 Great Republic Drive, process provides a detailed explanation entitlement carryover used during Gloucester, MA 01930. The SIR is of when and how the payback fishing year 2013. This change accessible via the Internet at http:// accountability measure would be implements a stock level pound-for- www.nero.noaa.gov. triggered and assessed: Step 1: Has the total fishery-level ACL pound payback accountability measure FOR FURTHER INFORMATION CONTACT: if a sector uses its 2012 carryover and Michael Ruccio, Fishery Policy Analyst, for a stock been exceeded? • No—There is no reduction in FY both the sector sub-annual catch limit phone: 978–281–9104. 2014 ACE for that stock required (i.e., and the overall annual catch limit are SUPPLEMENTARY INFORMATION: This rule exceeded. This rule is necessary to no repayment required). Other to respond to a recent U.S. District Court components of the fishery underutilized comply with an April 4, 2014, ruling by decision in Conservation Law the U.S. District Court for the District of their available catch limits for that stock Foundation v. Pritzker, et al. (Case No. sufficient to offset any carryover used. Columbia that invalidated and vacated 1:13–CV–0821–JEB) provides • the fishing year 2013 carryover Yes—Proceed to step 2. information in a question in response Step 2: Has the sector sub-ACL (i.e., measures. format. The key questions are: sum total of all sector ACE) been DATES: Effective June 27, 2014, except 1. What action is being taken by this rule? exceeded? for the amendment to § 648.87 2. What are the events and background that • No—There is no reduction in FY (b)(1)(i)(C)(2)(i) which is effective June led to this rule becoming necessary? 2014 ACE for that stock required (i.e., 27, 2014, through December 24, 2014. 3. What is the justification for taking this no repayment required). Even though Comments must be received on or action? the total fishery-level ACL was before July 28, 2014. 4. What are the next steps NMFS will take? exceeded, sectors collectively did not ADDRESSES: You may submit comments, This section includes information on exceed their sub-ACL for that stock. identified by NOAA–NMFS–2014–0070, the fishing year (FY) 2013 remedy and While some sectors may have used by any of the following methods: information about carryover accounting carryover for that stock, other sectors • Electronic submissions: Submit all for FY 2014 and beyond. Additional did not or underutilized available ACE electronic public comments via the information on how this rule complies for that stock by enough to offset the Federal eRulemaking Portal. Go to with applicable law is provided in the carryover used, resulting in total catch www.regulations.gov/ Classification section. less than the sub-ACL. #!docketDetail;D=NOAA-NMFS-2014- • Yes—Proceed to step 3. 0070, click the ‘‘Comment Now!’’ icon, 1. What action is being taken by this Step 3: After sectors’ FY 2013 catch complete the required fields, and enter rule? reconciliation with NMFS has occurred, or attach your comments. As a result of the Court order and determine which sectors used FY 2012 • Mail: Paper, disk, or CD–ROM remand in Conservation Law carryover ACE for a stock. For each of comments should be sent to John K. Foundation v. Pritzker, et al., we are those sectors, determine the amount of

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carryover used that must be deducted was to avoid potential negative impacts The Court also expressed concern about from that sector’s FY 2014 ACE as on safe at-sea operations at the end of minimizing disruption to the fishing follows: the fishing year and on sectors involving industry in light of its ruling being • Step 3a: Subtract the de minimis carryover use, leases, or trades that issued with only weeks remaining in FY carryover amount for that stock from the would result from a sudden, late-season 2013. carryover amount used by the sector. change in carryover accounting We initially notified sector managers The de minimis amount was recently practices. We also took emergency of the Court’s decision on the day it was determined to be 1 percent of the FY action to reduce the amount of Gulf of issued, April 4, 2014. An information 2013 sector sub-ACL subdivided to the Maine cod carryover so that OFL would bulletin was distributed to the industry sectors according to their percent sector not be exceeded if available carryover and public on April 16, 2014, outlining contribution per stock. and the ACL were fully utilized. details of the Court’s decision and • Step 3b: Reduce the sector’s FY Our clarifying action in FW 50 also providing information on our initial 2014 ACE for that stock by the amount specified new carryover accountability plan to address the remand. This calculated in Step 3a. This is the measures for FY 2014 and beyond. We bulletin explained our intent to apply equivalent to a pound-for-pound put in place measures that specified the FW 50 approach for FY 2014 and payback of FY 2012 carryover used carryover catch, except for a nominal beyond as the FY 2013 carryover minus the de minimis allowance. (‘‘de minimis’’) amount would be response. Under this approach, sectors 2. What are the events and background considered in determining using carryover could be held that led to this rule becoming accountability for catch limit overages accountable for FY 2012 carryover used necessary? under certain conditions. Specifically, if the total catch exceeded the total carryover used would be subject to a stock-level FY 2013 ACL. We took action in May 2013 to clarify pound-for-pound reduction in the next After substantial input from sectors, how unused multispecies sector ACE year’s ACE for that stock when the total the New England Fishery Management carried over from FY 2012 for use in FY ACL is exceeded for a stock. A de Council, and others, a subsequent 2013 would function. The clarification minimis amount of used carried over bulletin was issued on May 6, 2014, that was made using Magnuson-Stevens Act catch would be exempt from reduction modified the initial information. We section 305(d) authority and was put in if the accountability measure was outlined the modified approach for place as part of the rulemaking for FW triggered. We exempted this small responding to the Court remand based 50 to the FMP. The clarification amount of carryover from the on a two-tiered accountability described how carryover catch would be accountability measure so fishermen evaluation that is being implemented by counted in evaluating if accountability could plan for safe end-of-year fishing. this rule. That is, sectors that used FY measures were triggered because ACLs The FY 2013 carryover and other 2012 carryover ACE in FY 2013 for a had been exceeded. In the FW 50 measures implemented by us in the FW particular groundfish stock will be held rulemaking, we also clarified how 50 rules were challenged by the accountable to pay back the carryover carryover accounting and accountability Conservation Law Foundation in U.S. used, except for a de minimis amount, would function for FY 2014 and District Court (District of Columbia).1 from their FY 2014 ACE only if both the beyond. The FW 50 interim final rule On April 4, 2014, the U.S. District Court total ACL and sector sub-ACL are published on May 3, 2013 (78 FR for the District of Columbia found that exceeded. 26172), and the final rule published on the FY 2013 carryover provisions 3. What is the justification for taking August 29, 2013 (78 FR 53363). violated the Magnuson-Stevens Act this action? Regulations implementing FW 50 because the measures allowed for measures stated that FY 2013 was the potential total catch levels (allocated Section 305(c) of the Magnuson- last year for which carried over catch, if sector ACEs plus 2012 carryover) to Stevens Act authorizes NMFS, through used by sectors, would not be counted exceed the ABC. The Court vacated FY delegation from the Secretary of against ACLs to determine 2012 carryover provisions and Commerce, to take emergency action accountability, should overages occur. remanded the issue to us to implement outside the Council process if the This had been the accounting practice measures to prevent catches due to Secretary finds that an emergency since the establishment of the expanded carryover from exceeding ABCs for each involving a fishery exists. See, 16 U.S.C. sector program in 2010 (Amendment 16 stock and to account for any overages of 1855(c)(1) and (2). We previously issued to the FMP). FY 2013 catch limits. The Court guidance defining when ‘‘an In developing FY 2013 measures, we acknowledged that it was unlikely we emergency’’ involving a fishery exists. recognized that the maximum carryover could implement regulations to prevent 62 FR 44421; August 21, 1997. This (10 percent of FY 2012 sector ACE), if catches from exceeding ABC before guidance defines an emergency as a used in conjunction with the much April 30, 2014, the end of FY 2013. The situation that (1) arose from recent, lower catch limits being put in place, FY 2013 ABCs are available in the unforeseen events, (2) presents a serious could cause overages of the ACL, ABC Framework Adjustment 50 interim final conservation problem in the fishery, and and, for one stock, the overfishing limit rule (May 3, 2013; 78 FR 26172). The (3) can be addressed through interim (OFL). We explained these concerns in Court noted that we could still emergency regulations for which the the FW 50 rulemaking. We put in place implement measures to account and immediate benefits outweigh the value measures to maintain the previously make-up for any overages of catch limits of advance notice, public comment, and described system in which carryover through a payback that would reduce the deliberative consideration of the catch was not involved in the 2014 sector allocations. The Court impacts on participants to the same accountability measures evaluation. required us to notify the sectors and extent as would be expected under the This was intended to be a transition others as quickly as possible about the formal rulemaking process. This action year designed to help mitigate the Court Order and our need to implement satisfies these criteria. negative impacts of much lower catch remedial measures to address the Order. The April 4, 2014, decision from the limits being implemented for FY 2013. U.S. District Court for the District of Our general rationale in continuing this 1 Conservation Law Foundation v. Pritzker, et al. Columbia was both recent and carryover approach for one more year (Case No. 1:13–CV–0821–JEB) unforeseen. The decision and order

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requires immediate action on our part to management plan in accordance with a stock has been determined to be address what the Court found was a the Magnuson-Stevens Act. In this case, necessary. It is possible that 6 sectors serious conservation problem. The FY carryover accounting must be changed may be required to repay approximately 2013 carryover system provided a to respond to the Court’s order finding 60,000 lb (27,216 kg) of carryover used possibility that sectors could harvest the FY 2013 approach violated the if the total ACL is determined to have fish in excess of the ABC. Magnuson-Stevens Act. been exceeded when final catch data are The need to quickly provide available later this fall. We intend to regulatory information on the FY 2012 4. What are the next steps NMFS will update this information frequently as to FY 2013 carryover catch without the take? additional data become available. opportunity for prior public comment, Determining Whether the 2013 Carryover Accounting for FY 2014 as more fully discussed below in the Carryover Accountability Measures Is and Beyond. The Court decision was CLASSIFICATION section, outweighs Triggered clear that we could not permit the total the value of the benefits that would be potential catch (i.e., the total of the ACL Currently, catch information for FY provided by standard Administrative plus available carryover) to exceed the 2013 is incomplete and it is not possible Procedure Act notice-and-comment ABC for any given stock. The current FY to fully determine if carryover-related rulemaking. We have little discretion in 2014 carryover system was developed accountability triggers have been or will complying with the Court’s vacatur and before the decision does not take into be met in FY 2013. Final FY 2013 catch remand. The Court decision stated that account the court’s findings. accounting for all fishery components, we violated the Magnuson-Stevens Act We will be providing guidance to the including information on state water by allowing the carryover approach for Council on what may be necessary to and other fishery sub-component catch, FY 2013 as outlined in FW 50 because address the inconsistency between of the potential of harvesting fish stocks will be available in September. In current carryover provisions and the in excess of their ABCs. The scope of addition to modifications already Court’s decision. This guidance may options that could be developed by us implemented for the Weekly Sector ACE include advice that the Council take to address the remand were limited to Comparison Reports that show catch, action to modify the FMP so carryover accountability changes given the after- carryover, and the de minimis amount, is consistent with the Court’s decision. the-fact nature (i.e., rulemaking after the per stock by sector, we will provide In the meantime, we may have to take fishing year ended) and the need to specific details if any accountability action to ensure that potential catch ensure consistency with the FMP, triggers are met, which would result in does not exceed ABC for any particular National Standard 1 guidelines, and the sectors having to pay back overages stock in FY 2014. from FY 2014 ACE. We will enact the Court’s decision. The Court clearly Classification articulated the need to expedite payback reduction of FY 2014 ACE, if explanations of the impact to carryover necessary, through rulemaking. Further The Assistant Administrator resulting from the vacatur decision and information on this process will be Fisheries, NOAA, finds that it is for rulemaking to be completed in a conveyed in Greater Atlantic Region impracticable, unnecessary, and timely manner for adequate Information Bulletins, as needed. contrary to the public interest to provide accountability measures and to Based on catch information available for prior notice and an opportunity for minimize disruptions to the fishing through June 11, 2014, none of the ABCs public comment. The opportunity for industry. Based on communications for any of the stocks allocated to sectors public comment, pursuant to authority with sector managers and plaintiff have been exceeded due to recreational set forth at 5 U.S.C. 553(b)(B), would be Conservation Law Foundation following catch, except for Gulf of Maine haddock. unnecessary, impracticable, and the April 16 bulletin, we revised the The sector catch for most stocks remains contrary to the public interest because initial remand approach by providing below the sector sub-ACL meaning that NMFS has no discretion in some additional flexibility in the two- the second criterion has not been met implementing the measures of this rule. tiered approach (i.e., triggering (i.e., exceeding sector sub-ACL) and no The changes implemented by this rule accountability if both the total ACL and carryover-related accountability are necessary to respond immediately to sector sub-ACL are exceeded). This measure will be triggered even if the a court-ordered remand. As such, the approach maintains accountability at final total catch is above the total ACL. scope of options is very narrow and the ACL level, consistent with both the It is noteworthy that there are additional public comment is largely FMP and National Standard 1 accountability measures that may still unnecessary given the lack of discretion guidelines. We believe that this be enacted if the total catch does exceed available to develop alternative approach also satisfies the Court’s ACL. Three stocks: Gulf of Maine approaches that would satisfy the remand. Given the unforeseen haddock, American plaice, and witch remand. Furthermore, the Court circumstances, the limited scope of flounder, all had varying levels of expressly stated that public notification options available to address the remand, carryover use in FY 2013. Although the and rulemaking should occur quickly as and the need to expeditiously overall ACL for Gulf of Maine haddock the remand was rendered with less than implement regulations to address legal has been exceeded, the sector sub-ACL a month of the fishing year remaining. and conservation concerns, the use of has not. Thus, the carryover-repayment It would be unreasonable to delay Magnuson-Stevens Act section 305(c) accountability measure is not triggered. rulemaking unnecessarily as sectors rulemaking is necessary and justified. American plaice total sector catch is need to understand the implications of We are also relying on the authority also slightly below the sub-ACL even the Court decision and NMFS’ approach of section 305(d) of the Magnusson- though some sectors made use of to resolving the remand. For a limited Stevens Act to implement this action carryover. The sector sub-ACL for witch time in the beginning of FY 2014, because that was the authority used to flounder has been exceeded but the sectors have an opportunity to reconcile implement the 2013 carryover measures. overall ACL has not. Based on currently overages by trading or leasing ACE It is appropriate to make these changes available information through June 11, among themselves. It is important that under the same authority. 16 U.S.C. 2014, the accountability triggers have sectors quickly understand how catch 1855(d). Section 305(d) allows us to not been met for any stock and no accounting is changed by this rule so issue regulations to carry out a fishery payback reduction of FY 2014 ACE for they may pursue reconciliation options.

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While this information was previously Authority: 16 U.S.C. 1801 et seq. § 648.87 Sector allocation. provided to sectors, it is necessary to ■ 2. In § 648.87, effective June 27, 2014, * * * * * finalize the regulations that put in place remove paragraph (b)(1)(i)(C), and add (b) * * * the process NMFS outlined to the Court, paragraphs (b)(1)(i)(C) heading, (1) * * * sectors, and the public. It is also (b)(1)(i)(C)(1) introductory text, (i) * * * important that NMFS provide (b)(1)(i)(C)(1)(i) through (ii), and (C) * * * information on how the remaining (b)(1)(i)(C)(2) to read as follows: (2) *** (i) For FY 2013, carryover of accounting process will occur, which is a particular stock from FY 2012 also provided in this rule. To the extent § 648.87 Sector allocation. attributed to a sector, other than the that flexibility in the measures could be * * * * * NMFS-specified de minimis amount, provided, NMFS has done so. While (b) * * * shall be counted against the sector’s formal public comment was not sought (1) * * * ACE for purposes of determining an through rulemaking, NMFS did consider (i) * * * overage subject to the AM in paragraph feedback on potential approaches to (C) Carryover. (1) With the exception (b)(4)(iii) of this section if both the satisfy the remand, provided by the of GB yellowtail flounder, a sector may overall stock-level ACL and sector sub- plaintiffs Conservation Law Foundation, carryover an amount of ACE equal to 10 ACL for a particular stock have been sector managers, the Council, and the percent of its original ACE for each exceeded. public. stock that is unused at the end of one * * * * * Similarly, the need to implement fishing year into the following fishing [FR Doc. 2014–15153 Filed 6–26–14; 8:45 am] these measures in a timely manner to year. BILLING CODE 3510–22–P respond to the Court constitutes good (i) Eastern GB Stocks Carryover. Any cause under authority contained in 5 unused ACE allocated for Eastern GB U.S.C. 553(d)(3), to make this rule stocks in accordance with paragraph DEPARTMENT OF COMMERCE effective upon publication in the (b)(1)(i)(B) of this section will contribute Federal Register. Given the need to National Oceanic and Atmospheric to the 10 percent carryover allowance Administration respond to the Court remand and to for each stock, as specified in this inform the public of the measures paragraph ((b)(1)(i)(C)(1)), but will not 50 CFR Part 679 NMFS intended to implement through increase in individual sectors allocation this rule so that they may plan for the of Eastern GB stocks during the [Docket No. 131021878–4158–02] changes, the provisions of this rule have following year. already been conveyed to the public. RIN 0648–XD348 (ii) This carryover ACE remains Additional delay in making this rule’s effective during the subsequent fishing Fisheries of the Exclusive Economic measures effective would be contrary to year even if vessels that contributed to Zone Off Alaska; Yellowfin Sole for the the public interest. Additionally, the the sector allocation during the previous Bering Sea and Aleutian Islands Trawl public has already been notified in fishing year are no longer participating Limited Access Sector in the Bering advance of the rule’s publication what in the same sector for the subsequent Sea and Aleutian Islands Management measures would be put in place. This is fishing year. Area highly unusual, but was necessary given (2) Carryover accounting. (i) the timing of the Court’s decision AGENCY: National Marine Fisheries [Reserved] relative to the end of the fishing year. Service (NMFS), National Oceanic and This rule has been determined to be (ii) Beginning in FY 2014, carryover of Atmospheric Administration (NOAA), not significant for purposes of Executive a particular stock attributed to a sector, Commerce. Order 12866. other than the NMFS-specified de minimis amount, shall be counted ACTION: Temporary rule; modification of This emergency rule is exempt from closure. the procedures of the Regulatory against the sector’s ACE for purposes of Flexibility Act because the rule is issued determining an overage subject to the SUMMARY: NMFS is opening directed without opportunity for prior notice and AM in paragraph (b)(4)(iii) of this fishing for the Bering Sea and Aleutian opportunity for public comment. section if the overall stock-level ACL Islands trawl limited access sector’s Accordingly, no Regulatory Flexibility has been exceeded. yellowfin sole fishery in the Bering Sea Analysis is required and none has been (iii) NMFS shall determine and and Aleutian Islands Management Area prepared. announce the de minimis amount for FY (BSAI). This action is necessary to fully 2014 and may modify each subsequent use the 2014 total allowable catch (TAC) List of Subjects in 50 CFR Part 648 year. De minimis determinations shall of yellowfin sole for the BSAI trawl Fisheries, Fishing, Reporting and be made consistent with the APA. limited access sector in the BSAI. recordkeeping requirements. (iv) The Council may request, on an DATES: Effective 1200 hrs, Alaska local Dated: June 23, 2014. annual basis, for NMFS to reduce the time (A.l.t.), June 25, 2014, through amount of the available eligible Eileen Sobeck, 2400 hrs, A.l.t., December 31, 2014. carryover amount to ensure the total Comments must be received at the Assistant Administrator for Fisheries, potential catch, the stock-level ACL plus National Marine Fisheries Service. following address no later than 4:30 the carryover amount, does not exceed p.m., A.l.t., July 9, 2014. For the reasons stated in the the stock overfishing limit. Any such ADDRESSES: You may submit comments preamble, 50 CFR part 648 is amended reduction of carryover amount shall be on this document, identified by NOAA– as follows: done consistent with the APA. NMFS–2013–0152, by any of the PART 648—FISHERIES OF THE * * * * * following methods: NORTHEASTERN UNITED STATES ■ 3. In § 648.87, effective June 27, 2014, • Electronic Submission: Submit all through December 24, 2014, add electronic public comments via the ■ 1. The authority citation for part 648 paragraph (b)(1)(i)(C)(2)(i) to read as Federal e-Rulemaking Portal. Go to continues to read as follows: follows: www.regulations.gov/

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#!docketDetail;D=NOAA-NMFS-2013- Pursuant to the final 2014 and 2015 requirement to provide prior notice and 0152, click the ‘‘Comment Now!’’ icon, harvest specifications for groundfish in opportunity for public comment complete the required fields, and enter the BSAI (79 FR 12108, March 4, 2014), pursuant to the authority set forth at 5 or attach your comments. NMFS closed the directed fishery for U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as • Mail: Submit written comments to yellowfin sole for the BSAI trawl such requirement is impracticable and Glenn Merrill, Assistant Regional limited access sector on May 18, 2014 contrary to the public interest. This Administrator, Sustainable Fisheries (79 FR 29136, May 21, 2014) under requirement is impracticable and Division, Alaska Region NMFS, Attn: § 679.21(e)(7)(v). contrary to the public interest as it Ellen Sebastian. Mail comments to P.O. As of June 18, 2014, NMFS has would prevent NMFS from responding Box 21668, Juneau, AK 99802–1668. determined that approximately 60 to the most recent fisheries data in a Instructions: Comments sent by any metric tons of 2014 Pacific halibut timely fashion and would delay the other method, to any other address or bycatch allowance specified for vessels opening of yellowfin sole for the BSAI individual, or received after the end of participating in the BSAI trawl limited trawl limited access sector in the BSAI. the comment period, may not be access yellowfin sole fishery remains NMFS was unable to publish a notice considered by NMFS. All comments unharvested as established by the final providing time for public comment received are a part of the public record 2014 and 2015 harvest specifications for because the most recent, relevant data and will generally be posted for public groundfish in the BSAI (79 FR 12108, only became available as of June 20, viewing on www.regulations.gov March 4, 2014) and reapportionment 2014. without change. All personal identifying published in the Federal Register on The AA also finds good cause to information (e.g., name, address), June 25, 2014. Therefore, in accordance waive the 30-day delay in the effective confidential business information, or with § 679.25(a)(1)(i), (a)(2)(i)(C), and date of this action under 5 U.S.C. otherwise sensitive information (a)(2)(iii)(D), and to fully utilize the 553(d)(3). This finding is based upon submitted voluntarily by the sender will 2014 TAC of yellowfin sole for the BSAI the reasons provided above for waiver of be publicly accessible. NMFS will trawl limited access sector in the BSAI, prior notice and opportunity for public accept anonymous comments (enter ‘‘N/ NMFS is terminating the previous comment. A’’ in the required fields if you wish to closure and is opening directed fishing Without this inseason adjustment, remain anonymous). Attachments to for yellowfin sole for the BSAI trawl NMFS could not allow the fishery for electronic comments will be accepted in limited access sector in the BSAI. This yellowfin sole for the BSAI trawl Microsoft Word, Excel, or Adobe PDF will enhance the socioeconomic well- limited access sector in the BSAI to be file formats only. being of harvesters in this area. The harvested in an expedient manner and FOR FURTHER INFORMATION CONTACT: Administrator, Alaska Region (Regional in accordance with the regulatory Mary Furuness, 907–586–7228. Administrator) considered the following schedule. Under § 679.25(c)(2), SUPPLEMENTARY INFORMATION: NMFS factors in reaching this decision: (1) The interested persons are invited to submit manages the groundfish fishery in the current catch of yellowfin sole and written comments on this action to the BSAI according to the Fishery halibut PSC by the BSAI trawl limited above address until July 9, 2014. Management Plan for Groundfish of the access sector in the BSAI and, (2) the This action is required by §§ 679.20, Bering Sea and Aleutian Islands harvest capacity and stated intent on 679.21, and 679.25 and is exempt from Management Area (FMP) prepared by future harvesting patterns of vessels in review under Executive Order 12866. the North Pacific Fishery Management participating in this fishery. Authority: 16 U.S.C. 1801 et seq. Council under authority of the Magnuson-Stevens Fishery Classification Dated: June 24, 2014. Conservation and Management Act. This action responds to the best Emily H. Menashes, Regulations governing fishing by U.S. available information recently obtained Acting Director, Office of Sustainable vessels in accordance with the FMP from the fishery. The Acting Assistant Fisheries, National Marine Fisheries Service. appear at subpart H of 50 CFR part 600 Administrator for Fisheries, NOAA [FR Doc. 2014–15104 Filed 6–24–14; 4:15 pm] and 50 CFR part 679. (AA), finds good cause to waive the BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 124

Friday, June 27, 2014

This section of the FEDERAL REGISTER 8401–79. The TSP is a tax-deferred a substantial number of small entities. contains notices to the public of the proposed retirement savings plan for Federal This regulation will affect Federal issuance of rules and regulations. The civilian employees and members of the employees, members of the uniformed purpose of these notices is to give interested uniformed services. The TSP is similar services who participate in the Thrift persons an opportunity to participate in the to cash or deferred arrangements Savings Plan, and their beneficiaries. rule making prior to the adoption of the final rules. established for private-sector employees The TSP is a Federal defined under section 401(k) of the Internal contribution retirement savings plan Revenue Code (26 U.S.C. 401(k)). created FERSA and is administered by FEDERAL RETIREMENT THRIFT Legal Process for the Enforcement of the Agency. INVESTMENT BOARD Internal Revenue Service Levies or Paperwork Reduction Act Restitution Pursuant to the Mandatory 5 CFR Part 1653 Victims Restitution Act I certify that these regulations do not require additional reporting under the Legal Process for the Enforcement of The TSP’s governing statute includes Paperwork Reduction Act. a Tax Levy or Criminal Restitution an anti-alienation provision that Order Against a Participant Account protects funds from execution, levy, Unfunded Mandates Reform Act of attachment, garnishment, or other legal 1995 AGENCY: Federal Retirement Thrift process, except for certain enumerated Investment Board. Pursuant to the Unfunded Mandates exceptions that, until recently, did not Reform Act of 1995, 2 U.S.C. 602, 632, ACTION: Proposed rule with request for include federal tax levies. On January 653, 1501–1571, the effects of this comments. 14, 2013 the President signed into law regulation on state, local, and tribal Public Law 112–267, 126 Stat. 2440 governments and the private sector have SUMMARY: The Federal Retirement Thrift (2013), entitled ‘‘To amend title 5, been assessed. This regulation will not Investment Board (Agency) proposes to United States Code, to make clear that compel the expenditure in any one year amend its regulations to explain the accounts in the Thrift Savings Fund are of $100 million or more by state, local, Board’s procedures for responding to tax subject to certain Federal tax levies.’’ and tribal governments, in the aggregate, levies and criminal restitution orders The legislation amends 5 U.S.C. or by the private sector. Therefore, a that comply with statutory 8437(e)(3) to state, ‘‘Moneys due or statement under § 1532 is not required. requirements. payable from the Thrift Savings Fund to DATES: Comments must be received on any individual and, in the case of an List of Subjects in 5 CFR Part 1653 or before August 26, 2014. individual who is an employee or Member (or former employee or Taxes, Claims, Government ADDRESSES: You may submit comments employees, Pensions, Retirement. using one of the following methods: Member), the balance in the account of • Federal Rulemaking Portal: http:// the employee or Member (or former Gregory T. Long, www.regulations.gov. Follow the employee or Member) . . . shall be Executive Director, Federal Retirement Thrift instructions for submitting comments. subject to a Federal tax levy under Investment Board. • section 6331 of the Internal Revenue Mail: Office of General Counsel, For the reasons stated in the Attn: James Petrick, Federal Retirement Code of 1986.’’ In enacting the amendment to 5 U.S.C. 8437, Congress preamble, the Agency proposes to Thrift Investment Board, 77 K Street amend 5 CFR part 1653 as follows: NE., Suite 1000, Washington, DC 20002. placed IRS levies in a small company of exceptions which include child support • Hand Delivery/Courier: The address PART 1653—COURT ORDERS AND obligations, alimony obligations, and for sending comments by hand delivery LEGAL PROCESSES AFFECTING restitution pursuant to the Mandatory or courier is the same as that for THRIFT SAVINGS PLAN ACCOUNT submitting comments by mail. Victims Restitution Act (MVRA). Congress has deemed these instances as • Facsimile: Comments may be ■ 1. The authority citation for part 1653 the only permissible reasons for funds submitted by facsimile at (202) 942– continues to read as follows: 1676. to be diverted from a participant’s The most helpful comments explain account. The Agency has previously Authority: 5 U.S.C. 8432d, 8435, 8436(b), promulgated regulations governing the 8437(e), 8439(a)(3), 8467, 8474(b)(5) and the reason for any recommended change 8474(c)(1). and include data, information, and the payments from accounts in each of these ■ authority that supports the situations. The proposed regulations for 2. Subpart D is added to read as recommended change. levies and criminal restitution will be follows: similar to those previously issued. FOR FURTHER INFORMATION CONTACT: Subpart D—Process for the Enforcement of Erin The Agency proposes to add a new Graham at 202–942–1605. a Participant’s Legal Obligation To Pay a section, Subpart D, to Part 1653, to Federal Tax Levy or Criminal Restitution SUPPLEMENTARY INFORMATION: The explain the Agency’s procedures for Order Agency administers the Thrift Savings responding to legal process for the Plan (TSP), which was established by Sec. enforcement of a participant’s levy or 1653.31 Definitions. the Federal Employees’ Retirement criminal restitution order. 1653.32 Qualifying Federal tax levy. System Act of 1986 (FERSA), Public Regulatory Flexibility Act 1653.33 Qualifying criminal restitution Law 99–335, 100 Stat. 514. The TSP order. provisions of FERSA are codified, as I certify that this regulation will not 1653.34 Processing Federal tax levies and amended, largely at 5 U.S.C. 8351 and have a significant economic impact on criminal restitution orders.

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1653.35 Calculating entitlement. § 1653.33 Qualifying criminal restitution at the current address as provided at 1653.36 Payment. order. http://www.tsp.gov. Receipt by the TSP (a) The TSP will only honor the terms record keeper is considered receipt by Subpart D—Process for the of a criminal restitution order that is the TSP. To be complete, a tax levy or Enforcement of a Participant’s Legal qualifying under paragraph (b) of this criminal restitution order must meet all Obligation To Pay a Federal Tax Levy section. the requirements of § 1653.32 or or Criminal Restitution Order (b) A criminal restitution order must § 1653.33; it must also provide (or be meet each of the following requirements accompanied by a document that § 1653.31 Definitions. to be considered qualifying: provides): (a) Definitions generally applicable to (1) The restitution must be ordered in (1) The participant’s TSP account the Thrift Savings Plan are set forth at the sentencing of the participant as number or Social Security number 5 CFR 1690.1 required by 18 U.S.C. 3663A and 18 (SSN); and (b) As used in this subpart: U.S.C. 3664. (2) The name and mailing address of Criminal restitution order means a (2) The restitution order and the payee. complete copy of the judgment in a accompanying documentation must (c) As soon as practicable after the criminal case issued by a federal court require the TSP to: TSP receives a document that purports ordering restitution for a crime (i) Pay a stated dollar amount from a to be a qualifying tax levy or criminal described in 18 U.S.C. 3663A. participant’s TSP account; or restitution order, the participant’s Tax levy means a signed form 668–A (ii) Freeze the participant’s TSP account will be frozen. After the served by the IRS for the satisfaction of account in anticipation of an order to participant’s account is frozen, no a federal tax debt. pay from the account. withdrawal or loan disbursements will (c) The following orders will not be be allowed until the account is § 1653.32 Qualifying Federal tax levy. considered qualifying: unfrozen. All other account activity will (a) The TSP will only honor the terms (1) A restitution order relating to a be permitted, including contributions, of a tax levy that is qualifying under TSP account with a zero dollar account loan repayments, adjustments, paragraph (b) of this section. balance; contribution allocations and interfund (b) A tax levy must meet each of the (2) A restitution order relating to a transfers. Once a disbursement from the following requirements to be considered TSP account that contains only account is made in accordance with the qualifying: nonvested money, unless the money restitution order or levy, the hold will (1) The Internal Revenue Service will become vested within 30 days of be removed from the participant’s issued the levy. the date the TSP receives the order if the account. (2) The levy includes a signature participant were to remain in (d) As soon as practicable after receipt certifying that it attaches to a retirement Government service; of a complete copy of a tax levy or plan. (3) A restitution order requiring the criminal restitution order, the TSP will (3) The levy requires the TSP to pay TSP to make a payment in the future; review it to determine whether it is a stated dollar amount from a TSP (4) A forfeiture order related to a qualifying as described in § 1653.32 or participant’s account. monetary garnishment of funds; § 1653.33. The TSP will mail a decision (4) The levy is dated no earlier than (5) A restitution order requiring a letter to all parties containing the thirty (30) days before receipt. series of payments from the TSP following information: (5) The levy is issued in the name of account; (1) A determination regarding the participant only. (6) A restitution order that designates whether the restitution order or levy is (6) The levy expressly refers to the the specific TSP Fund, source of qualifying; ‘‘Thrift Savings Plan’’ or describes the contributions, or balance from which (2) A statement of the applicable TSP in such a way that it cannot be the payment or portions of the payment statutes and regulations; (3) An explanation of the effect the confused with other Federal shall be made. Government retirement benefits or non- restitution order or levy has on the Federal retirement benefits. § 1653.34 Processing tax levies and participant’s TSP account; and (c) The following levies will not be criminal restitution orders. (4) If the qualifying restitution order considered qualifying: (a) The payment of tax levies and or levy requires payment, the letter will (1) A levy relating to a TSP account criminal restitution orders from the TSP provide: with a zero dollar account balance; is governed solely by the Federal (i) An explanation of how the (2) A levy relating to a TSP account Employees’ Retirement Systems Act, 5 payment will be calculated and an that contains only nonvested money, U.S.C. chapter 84, and by the terms of estimated amount of payment; (ii) The anticipated date of payment. unless the money will become vested this subpart. Although the TSP will (e) The TSP decision letter is final. within 30 days of the date the TSP honor tax levies or criminal restitution There is no administrative appeal from receives the order if the participant were orders properly issued, those entities the TSP decision. to remain in Government service; have no jurisdiction over the TSP and (3) A levy requiring the TSP to make the TSP cannot be made a party to the § 1653.35 Calculating entitlement. a payment at a specified date in the underlying proceedings. (a) A levy or criminal restitution order future; (b) The TSP will review a tax levy or can only require the payment of a (4) A levy that does not contain a criminal restitution order to determine specified dollar amount from the TSP. signature certifying that it applies to whether it is enforceable against the (b) If the restitution order or levy retirement plans; TSP only after it has received a awards a specific dollar amount, the (5) A levy requiring a series of complete copy of the document. Receipt payee’s entitlement will be the lesser of: payments; by an employing agency or any other (1) The dollar amount stated in the (6) A levy that designates the specific agency of the Government does not levy or restitution order; or TSP Fund, source of contributions, or constitute receipt by the TSP. Tax levies (2) The vested account balance on the balance from which the payment or and criminal restitution orders should date of disbursement, minus any portions of the payment shall be made. be submitted to the TSP record keeper outstanding loan balance.

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§ 1653.36 Payment. DEPARTMENT OF TRANSPORTATION availability of this material at the FAA, call (816) 329–4148. (a) Payment pursuant to a qualifying Federal Aviation Administration levy or criminal restitution order will be Examining the AD Docket made 30 days after the TSP decision 14 CFR Part 39 You may examine the AD docket on letter. the Internet at http:// [Docket No. FAA–2013–0929; Directorate (b) In no case will payment exceed the Identifier 2013–CE–031–AD] www.regulations.gov by searching for participant’s calculated entitlement. and locating Docket No. FAA–2013– RIN 2120–AA64 (c) The entire amount of a restitution 0929; or in person at the Docket Management Facility between 9 a.m. order or levy entitlement must be Airworthiness Directives; DG disbursed at one time. A series of and 5 p.m., Monday through Friday, Flugzeugbau GmbH Gliders except Federal holidays. The AD docket payments will not be made. A payment contains this proposed AD, the pursuant to a restitution order or levy AGENCY: Federal Aviation regulatory evaluation, any comments extinguishes all rights to any further Administration (FAA), Department of Transportation (DOT). received, and other information. The payment under that order or levy, even street address for the Docket Office if the entire amount of the entitlement ACTION: Notice of proposed rulemaking (NPRM). (telephone (800) 647–5527) is in the cannot be paid. Any further award must ADDRESSES section. Comments will be be contained in a separate restitution SUMMARY: We propose to adopt a new available in the AD docket shortly after order or levy. airworthiness directive (AD) for any DG receipt. (d) If a participant has funds in more Flugzeugbau GmbH Model DG–1000T FOR FURTHER INFORMATION CONTACT: Jim than one type of account, payment will glider equipped with a Solo Rutherford, Aerospace Engineer, FAA, be made from each account in the Kleinmotoren Model 2350 C engine that Small Airplane Directorate, 901 Locust, following order, until the amount of the would revise AD 2013–22–14. This Room 301, Kansas City, Missouri 64106; levy or restitution order is reached: proposed AD results from mandatory telephone: (816) 329–4165; fax: (816) continuing airworthiness information (1) Civilian account; 329–4090; email: jim.rutherford@ (MCAI) originated by an aviation faa.gov. (2) Uniformed services account; authority of another country to identify SUPPLEMENTARY INFORMATION: (3) Beneficiary participant account. and correct an unsafe condition on an aviation product. The MCAI describes (e) Payment will be made pro rata Comments Invited the unsafe condition as engine shaft We invite you to send any written from the participant’s traditional and failure and consequent propeller relevant data, views, or arguments about Roth balances. The distribution from the detachment. We are issuing this this proposed AD. Send your comments traditional balance will be further pro- proposed AD to require actions to to an address listed under the rated between the tax-deferred balance address the unsafe condition on these ADDRESSES section. Include ‘‘Docket No. and tax-exempt balance. The payment products. from the Roth balance will be further FAA–2013–0929; Directorate Identifier DATES: pro-rated between contributions in the We must receive comments on 2013–CE–031–AD’’ at the beginning of this proposed AD by August 11, 2014. Roth balance and earnings in the Roth your comments. We specifically invite balance. In addition, all payments will ADDRESSES: You may send comments by comments on the overall regulatory, economic, environmental, and energy be distributed pro rata from all TSP any of the following methods: • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will Funds in which the participant’s http://www.regulations.gov. Follow the consider all comments received by the account is invested. All pro-rated instructions for submitting comments. closing date and may amend this amounts will be based on the balances • Fax: (202) 493–2251. proposed AD because of those in each fund or source of contributions • Mail: U.S. Department of comments. on the day the disbursement is made. Transportation, Docket Operations, M– We will post all comments we (f) The payment is taxable to the 30, West Building Ground Floor, Room receive, without change, to http://www. participant and is subject to ten percent W12–140, 1200 New Jersey Avenue SE., regulations.gov, including any personal Federal income tax withholding. The Washington, DC 20590. information you provide. We will also tax withholding will be taken from the • Hand Delivery: U.S. Department of post a report summarizing each payee’s entitlement and the gross Transportation, Docket Operations, substantive verbal contact we receive amount of the payment (i.e., the net M–30, West Building Ground Floor, about this proposed AD. Room W12–140, 1200 New Jersey payment distributed to the payee plus Discussion the amount withheld from the payment Avenue SE., Washington, DC 20590, for taxes) will be reported to the IRS as between 9 a.m. and 5 p.m., Monday On October 24, 2013, we issued AD 2013–22–14, Amendment 39–17646 (78 income to the participant. through Friday, except Federal holidays. For service information identified in FR 65869, November 4, 2013) (‘‘AD (g) A properly paid levy or restitution this proposed AD, contact Solo 2013–22–14’’). That AD required actions order cannot be returned to the TSP. Kleinmotoren GmbH, Postfach 60 01 52, intended to address an unsafe condition [FR Doc. 2014–14937 Filed 6–26–14; 8:45 am] D 71050 Sindelfingen, Germany; on any DG Flugzeugbau GmbH Model BILLING CODE 6760–01–P telephone: +49 07031–301–0; fax: +49 DG–1000T glider equipped with a Solo 07031–301–136; email: aircraft@solo- Kleinmotoren Model 2350 C engine and germany.com; Internet: http:// was based on mandatory continuing aircraft.solo-online.com/. You may view airworthiness information (MCAI) this referenced service information at originated by an aviation authority of the FAA, Small Airplane Directorate, another country. 901 Locust, Kansas City, Missouri Since we issued AD 2013–22–14, the 64106. For information on the manufacturer of the Solo Kleinmotoren

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Model 2350 C engine has developed an comply with the proposed retained For the reasons discussed above, I engine modification to restore engine requirement of placing a copy of AD certify this proposed regulation: operation. 2013–22–14 into the Limitations section (1) Is not a ‘‘significant regulatory The European Aviation Safety Agency of the aircraft flight manual, which action’’ under Executive Order 12866, (EASA), which is the Technical Agent prohibits engine operation. The average (2) Is not a ‘‘significant rule’’ under for the Member States of the European labor rate is $85 per work-hour. the DOT Regulatory Policies and Community, has issued AD No.: 2013– Based on these figures, we estimate Procedures (44 FR 11034, February 26, 0217R1, dated May 5, 2014 (referred to the cost of this proposed retained 1979), after this as ‘‘the MCAI’’), to correct an requirement on U.S. operators to be $85, (3) Will not affect intrastate aviation unsafe condition for the specified or $42.50 per product. in Alaska, and products. The MCAI states: In addition, we estimate that the (4) Will not have a significant optional engine modification would economic impact, positive or negative, An occurrence of Solo 2350 C engine shaft take about 1.5 work-hours and require on a substantial number of small entities failure and consequent propeller detachment under the criteria of the Regulatory was reported. The preliminary investigation parts costing $100, for a cost of $227.50. revealed that the failed shaft was earlier If both products of U.S. registry Flexibility Act. modified in accordance with an approved incorporated the engine modification, List of Subjects in 14 CFR Part 39 method. the cost of the proposed modification on This condition, if not corrected, could lead U.S. operators would be $455. Air transportation, Aircraft, Aviation to additional cases of release of the propeller If the engine modification is done, it safety, Incorporation by reference, from the engine, possibly resulting in damage would also take about .5 work-hour per Safety. to the sailplane, or injury to persons on the product to remove the engine operation The Proposed Amendment ground. restriction (copy of AD 2013–22–14) To address this potential unsafe condition, Accordingly, under the authority from the Limitations section of the EASA issued Emergency AD 2013–0217–E to delegated to me by the Administrator, aircraft flight manual. The average labor prohibit operation of the engine. the FAA proposes to amend 14 CFR part rate is $85 per work-hour, for a cost of Since that AD was issued, Solo 39 as follows: Kleinmotoren GmbH developed a $42.50 per product. modification consisting of installing an According to the manufacturer, some PART 39—AIRWORTHINESS improved eccenter axle-pulley assembly, of the costs of this proposed AD may be DIRECTIVES allowing to resume operation of the engine. covered under warranty, thereby For the reason described above, this AD is reducing the cost impact on affected ■ 1. The authority citation for part 39 revised to incorporate the optional individuals. We do not control warranty modification, cancelling the operational continues to read as follows: restriction. coverage for affected individuals. Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking You may examine the MCAI on the § 39.13 [Amended] Internet at http://www.regulations.gov Title 49 of the United States Code ■ 2. Amend § 39.13 by removing by searching for and locating Docket No. specifies the FAA’s authority to issue Amendment 39–17646 (78 FR 65869, FAA–2013–0929. rules on aviation safety. Subtitle I, November 4, 2013), and adding the section 106, describes the authority of Relevant Service Information following new AD: the FAA Administrator. ‘‘Subtitle VII: Solo Kleinmotoren GmbH issued Aviation Programs,’’ describes in more DG Flugzeugbau GmbH: Docket No. FAA– Technische Mitteilung Service Bulletin 2013–0929; Directorate Identifier 2013– detail the scope of the Agency’s CE–031–AD. Nr. 4603–14, dated April 28, 2014. The authority. actions described in this service We are issuing this rulemaking under (a) Comments Due Date information are intended to correct the the authority described in ‘‘Subtitle VII, We must receive comments by August 11, unsafe condition identified in the Part A, Subpart III, section 44701: 2014. MCAI. General requirements.’’ Under that (b) Affected ADs section, Congress charges the FAA with FAA’s Determination and Requirements promoting safe flight of civil aircraft in This AD revises AD 2013–22–14, of the Proposed AD Amendment 39–17646 (78 FR 65869, air commerce by prescribing regulations November 4, 2013) (‘‘AD 2013–22–14’’). This product has been approved by for practices, methods, and procedures the aviation authority of another the Administrator finds necessary for (c) Applicability country, and is approved for operation safety in air commerce. This regulation This AD applies to DG Flugzeugbau GmbH in the United States. Pursuant to our is within the scope of that authority Model DG–1000T gliders, all serial numbers, bilateral agreement with this State of because it addresses an unsafe condition that are: Design Authority, they have notified us that is likely to exist or develop on (1) Equipped with a Solo Kleinmotoren of the unsafe condition described in the Model 2350 C engine; and products identified in this rulemaking (2) certificated in any category. MCAI and service information action. referenced above. We are proposing this (d) Subject Regulatory Findings AD because we evaluated all Air Transport Association of America information and determined the unsafe We determined that this proposed AD (ATA) Code 72: Engine. would not have federalism implications condition exists and is likely to exist or (e) Reason develop on other products of the same under Executive Order 13132. This type design. proposed AD would not have a This AD was prompted by mandatory substantial direct effect on the States, on continuing airworthiness information (MCAI) Costs of Compliance originated by an aviation authority of another the relationship between the national country to identify and correct an unsafe We estimate that this proposed AD Government and the States, or on the condition on an aviation product. The MCAI will affect 2 products of U.S. registry. distribution of power and describes the unsafe condition as engine We also estimate that it would take responsibilities among the various shaft failure and consequent propeller about .5 work-hour per product to levels of government. detachment. We are issuing this AD to

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prevent engine shaft failure and propeller (h) Related Information FOR FURTHER INFORMATION CONTACT: Gary detachment, which could result in damage to Refer to MCAI EASA AD No.: 2013– Wechsler, Aerospace Engineer, Atlanta the glider and injury to persons on the 0217R1, dated May 5, 2014, for related Aircraft Certification Office, FAA, 1701 ground. information. You may examine the MCAI on Columbia Avenue, College Park, Georgia (f) Actions and Compliance the Internet at http://www.regulations.gov by 30337; telephone: (404) 474–5575; fax: searching for and locating Docket No. FAA– Unless already done, do the following (404) 474–5606; email: gary.wechsler@ 2013–0929. For service information related to faa.gov. actions in paragraphs (f)(1) through (f)(4) of this AD, contact Solo Kleinmotoren GmbH, this AD. Postfach 60 01 52, D 71050 Sindelfingen, SUPPLEMENTARY INFORMATION: (1) As of November 25, 2013 (the effective Germany; telephone: +49 07031–301–0; fax: date retained from AD 2013–22–14), do not +49 07031–301–136; email: aircraft@solo- Discussion operate the engine unless the engine is germany.com; Internet: http://aircraft.solo- We issued a notice of proposed modified following instructions that are online.com. You may view this referenced approved by the FAA specifically for AD rulemaking (NPRM) to amend 14 CFR service information at the FAA, Small part 39 to include an AD that would 2013–22–14. Contact the FAA office Airplane Directorate, 901 Locust, Kansas identified in paragraph (g)(1) of this AD to get City, Missouri 64106. For information on the apply to Piper Aircraft, Inc. Models PA– more information about obtaining such availability of this material at the FAA, call 28–140, PA–28–150, PA–28–160, PA– instructions. (816) 329–4148. 28–180, PA–28R–180, and PA–28R–200 (2) As of November 25, 2013 (the effective airplanes. That NPRM published in the date retained from AD 2013–22–14), place a Issued in Kansas City, Missouri, on June 19, 2014. Federal Register on August 20, 2013 (78 copy of AD 2013–22–14 or this AD into the FR 51121). That NPRM proposed to Timothy Smyth, Limitations section of the aircraft flight supersede AD 71–21–08, Amendment manual (AFM). Acting Manager, Small Airplane Directorate, 39–1312 (36 FR 19572, October 8, 1971), (3) To remove the prohibited engine Aircraft Certification Service. by adding airplanes to and changing the operation requirement in paragraph (f)(1) of [FR Doc. 2014–15058 Filed 6–26–14; 8:45 am] this AD, modify the engine as specified in the compliance time of AD 71–21–08 fuel BILLING CODE 4910–13–P Actions paragraph of Solo Kleinmotoren selector valve cover replacement GmbH Technische Mitteilung Service requirements. Bulletin Nr. 4603–14, dated April 28, 2014, Because of the comments received on DEPARTMENT OF TRANSPORTATION unless already modified with FAA-approved the NPRM (78 FR 51121, August 20, instructions as specified in paragraph (f)(1) of Federal Aviation Administration 2013), the FAA re-evaluated the data this AD. collected on the safety concern and Note 1 to paragraph (f)(3) of this AD: This 14 CFR Part 39 concluded that: service information contains German to • There was evidence of pilot English translation. The European Aviation [Docket No. FAA–2013–0742; Directorate inexperience and an absence of fuel Safety Agency (EASA) used the English Identifier 2013–CE–012–AD] selector valve maintenance (in translation in referencing the document. For enforceability purposes, we will refer to the RIN 2120–AA64 accordance with Piper Service Bulletin Solo Kleinmotoren GmbH service 355, dated June 5, 1972) in the Piper information as the title appears on the Airworthiness Directives; Piper PA–28–180 crash of December 28, 2011; document. Aircraft, Inc. and • The low frequency of PA–28 series (4) Prior to further flight after modifying AGENCY: Federal Aviation the engine as specified in paragraph (f)(1) or safety events due to the inadvertent Administration (FAA), DOT. paragraph (f)(3) of this AD, remove the selection of the ‘‘OFF’’ position of fuel engine operation restriction (copy of AD ACTION: Proposed rule; withdrawal. selector valves, since AD 71–21–08 was 2013–22–14) from the Limitations section of published on October 13, 1971, does not SUMMARY: This document withdraws a the AFM. warrant AD action. notice of proposed rulemaking (NPRM) To mitigate the safety concern from (g) Other FAA AD Provisions that would have applied to certain Piper recurring, the FAA may take other The following provisions also apply to this Aircraft, Inc. Models PA–28–140, PA– airworthiness action such as a special AD: 28–150, PA–28–160, PA–28–180, PA– airworthiness information bulletin (1) Alternative Methods of Compliance 28R–180, and PA–28R–200 airplanes. (SAIB) to recommend the actions (AMOCs): The Manager, Standards Office, The proposed airworthiness directive FAA, has the authority to approve AMOCs contained in the proposed rule and (AD) would have superseded AD 71– for this AD, if requested using the procedures capture the concerns identified by the 21–08, Amendment 39–1312, which found in 14 CFR 39.19. Send information to public during the NPRM (78 FR 51121, currently requires replacement of the ATTN: Jim Rutherford, Aerospace Engineer, August 20, 2013) comment period. fuel selector valve cover. This proposed FAA, Small Airplane Directorate, 901 Locust, Withdrawal of this NPRM (78 FR Room 301, Kansas City, Missouri 64106; AD would have added additional 51121, August 20, 2013) constitutes telephone: (816) 329–4165; fax: (816) 329– airplanes to the AD’s applicability only such action and does not preclude 4090; email: [email protected]. Before section and changed the compliance the agency from issuing future using any approved AMOC on any glider to time of the required actions. Since rulemaking on this issue, nor does it which the AMOC applies, notify your issuance of the NPRM, the FAA has re- appropriate principal inspector (PI) in the commit the agency to any course of evaluated this airworthiness concern FAA Flight Standards District Office (FSDO), action in the future. or lacking a PI, your local FSDO. and determined that an unsafe (2) Airworthy Product: For any requirement condition does not exist that would Regulatory Findings in this AD to obtain corrective actions from warrant AD action. This withdrawal Since this action only withdraws an a manufacturer or other source, use these does not prevent the FAA from NPRM, it is neither a proposed nor a actions if they are FAA-approved. Corrective initiating future rulemaking on this final rule and therefore, is not covered actions are considered FAA-approved if they subject. are approved by the State of Design Authority under Executive Order 12866, the (or their delegated agent). You are required DATES: As of June 27, 2014, the Regulatory Flexibility Act, or DOT to assure the product is airworthy before it proposed rule published August 20, Regulatory Policies and Procedures (44 is returned to service. 2013 (78 FR 51121), is withdrawn. FR 11034, February 26, 1979).

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List of Subjects in 14 CFR Part 39 • Send an email to rule-comments@ that ‘‘[a]gencies should charge fees that Air transportation, Aircraft, Aviation sec.gov. Please include File Number S7– recoup the full allowable direct costs 07–14 on the subject line; or they incur.’’ 3 safety, Incorporation by reference, • Safety. Use the Federal eRulemaking Portal OMB recognized that costs would (http://www.regulations.gov). Follow the necessarily vary from agency to agency The Withdrawal instructions for submitting comments. and directed that each agency promulgate regulations specifying the Accordingly, the notice of proposed Paper Comments charges for search, review, and rulemaking (NPRM), FAA–2013–0742, • published in the Federal Register on Send paper comments to Secretary, duplication. The OMB Guidelines state August 20, 2013 (78 FR 51121), is Securities and Exchange Commission, that ‘‘agencies should charge at the withdrawn. 100 F Street NE., Washington, DC salary rate[s] [i.e. basic pay plus 16 20549–1090. percent] of the employee[s] making the Issued in Kansas City, Missouri, on June All submissions should refer to File 19, 2014. search’’ or, ‘‘where a homogeneous class Number S7–07–14. This file number of personnel is used exclusively . . . Timothy Smyth, should be included on the subject line agencies may establish an average rate Acting Manager, Small Airplane Directorate, if email is used. To help us process and for the range of grades typically Aircraft Certification Service. review your comments more efficiently, involved.’’ 4 [FR Doc. 2014–15139 Filed 6–26–14; 8:45 am] please use only one method. The The Commission’s current regulation BILLING CODE 4910–13–P Commission will post all comments on contains set rates for FOIA request the Commission’s Internet Web site search and review activities: $16/hour (http://www.sec.gov/rules/ for grade 11 and below; and $28/hour SECURITIES AND EXCHANGE proposed.shtml). Comments are also for grade 12 and above. The COMMISSION available for Web site viewing and Commission is proposing to revise its printing in the Commission’s Public regulation to reflect the formula 17 CFR Part 200 Reference Room, 100 F Street NE., contained in the OMB Guidelines (basic [Release No. 34–72440; File No. S7–07–14] Washington, DC 20549 on official pay plus 16 percent) rather than setting business days between the hours of forth a fixed price. Moreover, the RIN 3235–AL58 10:00 a.m. and 3:00 p.m. All comments proposed regulation provides that the Freedom of Information Act received will be posted without change; Commission will establish a Regulations: Fee Schedule, Addition of we do not edit personal identifying representative rate for each of the three Appeal Time Frame, and Miscellaneous information from submissions. You different groups of grades typically Administrative Changes should submit only information that involved: Personnel in grades SK 8 or you wish to make available publicly. below; personnel in grades SK 9 to 13; AGENCY: Securities and Exchange FOR FURTHER INFORMATION CONTACT: John and personnel in grades SK 14 or Commission. Livornese, FOIA/PA Officer, Office of above.5 The Commission’s Web site will ACTION: Proposed rule. FOIA Services, (202) 551–3831; contain current rates for search and Securities and Exchange Commission, review fees for each class. The rates will SUMMARY: The Securities and Exchange 100 F Street NE., Washington, DC be updated as salaries change and will Commission (‘‘Commission’’ or ‘‘SEC’’) 20549–5041. be determined by using the formula in is publishing for comment proposed SUPPLEMENTARY INFORMATION: the regulation. For the current calendar amendments to the Commission’s year, the fees would be assessed as regulations under the Freedom of 1. Purpose follows: SK–8 or below: $29/hour; Information Act (‘‘FOIA’’) to allow the The Commission is proposing to SK–9 to 13: $61/hour; and SK–14 or Commission to collect fees that reflect 6 amend its FOIA regulations at 17 CFR above: $89/hour. its actual costs, add an appeals time 200.80 and 17 CFR 200.80e. In connection with this revision, the frame that will create a more practical Commission is also proposing to remove and systematic administrative process A. Proposed Changes to Fee Regulations the first sentence of 17 CFR 200.80(e)(1) and clarify other issues in the The fees the Commission charges for which provides that up to one-half hour regulations. The proposed amendments searching, reviewing, and duplicating of staff time devoted to searching for provide a formula for fees charged to records pursuant to FOIA requests are and reviewing Commission records will FOIA requesters; incorporate a time currently set forth in 17 CFR 200.80e, frame in which a FOIA requester must Appendix E—Schedule of fees for 3 Id. at 10018. file an appeal in the event a request or records services. The Commission 4 Id. 5 a portion thereof is denied; allow for believes it is appropriate to update its As per the OMB Guidelines, fees for searches of submission of FOIA appeals by email or computerized records will continue to be based on fee schedule for searching and the actual cost to the Commission which includes facsimile; and allow the Office of FOIA reviewing records in accordance with machine and operator time. 17 CFR 200.80(e)(9)(i). Services to issue responses to FOIA Uniform Freedom of Information Act 6 The SK–8 and below rate is estimated using the requests indicating that no records were Fee Schedule and Guidelines maximum and minimum annual salary of a located. Washington, DC-based SK–6 staffer. For 2014 this promulgated by the Office of is [($41,619 + $63,307)/2][1/2087 hours per DATES: Comments should be received by Management and Budget.1 year][1.16 OMB markup factor] = $29 per hour. July 28, 2014. The OMB Guidelines, in complying Similarly, the SK–9 through SK–13 category is ADDRESSES: Comments may be with the Freedom of Information Reform estimated by using the max and min annual salary of a Washington, DC-based SK–12 staffer, who submitted by any of the following Act of 1986, require that each agency’s typically does most of the work of a FOIA request. methods: fees be based upon its ‘‘direct For 2014 this is [($82,037 + $138,211)/2][1/2087 reasonable operating costs of providing hours/year][1.16 OMB markup factor] = $61/hour. Electronic Comments FOIA services.’’ 2 The guidelines state Finally, the SK–14 and above category is estimated • by using the max and min salary of a Washington, Use the Commission’s Internet DC-based SK–15 supervisor. For 2014 this is comment form http://www.sec.gov/ 1 See 52 FR 10011 (March 27, 1987). [($118,743 + $200,033)/2][1/2087 hours per rules/proposed.shtml); 2 Id. at 10015. year][1.16 OMB markup factor] = $89/hour.

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be provided without charge. The C. Submission of FOIA Appeals by the practice of other federal agencies, regulation as amended will allow the Email and Facsimile the proposed rules will also improve Commission to charge FOIA requesters The Commission is revising 17 CFR efficiency in the appeal process. in quarter-hour increments at the rates 200.80(d)(6)(ii) to allow appeals to be The Commission recognizes, however, established by reference to the OMB submitted by facsimile or email as well that the proposed rules may also impose Guidelines. Presently, the Commission as through the mail. costs. Specifically, the proposed rules estimates the time spent processing a may impose additional costs on single FOIA request at approximately D. Responses to FOIA Requests individuals who wish to obtain access 11⁄2 hours at an estimated cost of $42. Indicating No Records Could Be Located to Commission records and may impose If the regulations are amended to reflect The Commission’s current regulations a burden on requesters who would be the formula contained in the OMB do not provide for responses to FOIA required to appeal a decision within 30 Guidelines as discussed above, the requests that indicate that no responsive days. But, as discussed elsewhere, the average cost per request would increase records were located. The proposed Commission believes that those costs to approximately $92.7 This cost is amendment would make clear that a would be insignificant. Additionally, estimated by utilizing the hourly rate of possible response to a FOIA request is the Commission preliminarily believes pay of a Washington, DC-based SK–12 that no responsive records were located. that the proposed rules will not burden employee, which is the typical Request for Comments competition and that any potential employee who currently does most of burden on competition imposed by the the work in processing a FOIA request. We request and encourage any proposed rules would be appropriate in The proposed fee regulation provides, interested person to submit comments furtherance of purposes of the Exchange fees will not be charged under either the on any aspect of the proposals, other Act. FOIA or the Privacy Act where the costs matters that might have an impact on The Commission requests comment of collecting and processing the fee are the amendments and any suggestions for on all aspects of the benefits and costs likely to equal or exceed the amount of additional changes. With regard to any of the proposal, including any the fee or where the requester has met comments, we note that such comments anticipated impacts on competition. the requirements for a statutory fee are of particular assistance to us if waiver. The proposed language is based accompanied by supporting data and Regulatory Flexibility Act Certification upon the language of 5 U.S.C. analysis of the issues addressed in those Section 3(a) of the Regulatory 552(a)(4)(A)(iv) (providing that no fee comments. We urge commenters to be as Flexibility Act of 1980 (‘‘RFA’’) requires may be charged if the fee exceeds the specific as possible. the Commission to undertake an initial costs of collecting and processing the regulatory flexibility analysis of the fee). Currently, the cost of the average Economic Analysis proposed rule amendments on small fee collection activity is $20, so no fee The Commission is sensitive to the entities unless the Commission certifies will be charged of $20 or less. economic effects, including the costs and benefits, that result from its rules, that the proposal, if adopted, would not B. Proposed Changes to FOIA Appeals and Section 23(a)(2) of the Exchange Act have a significant economic impact on Time Frames requires the Commission, in making a substantial number of small entities. The FOIA requires federal agencies to rules pursuant to any provision of the The overwhelming majority of FOIA notify requesters of their right to appeal Exchange Act, to consider among other requests made to the Commission any adverse determination. 5 U.S.C. matters the impact any such rule would involve either no charge or the charges 552(a)(6)(A)(i). The Commission’s have on competition. As discussed apply to just six companies, none of regulations currently provide no time further below, the Commission which appear to be small entities. frame in which a FOIA requester must preliminarily believes that the proposed Generally, increases in the average cost file an appeal. Although the FOIA does rules will have a minimal economic will be from $0 to approximately $31 for not require agencies to establish an effect. requests that take one-half hour to appeals time frame, neither does it The proposed rules are intended to process and $42 to approximately $92 preclude them from doing so. The help align the Commission’s fees related for those that take 11⁄2 hours to process. proposed amendment would establish to FOIA requests with its direct Pursuant to 5 U.S.C. 605(b), the an appeals time frame of 30 days, which reasonable operating costs of providing Commission certifies that the proposed is appropriate in order to allow for more FOIA services and to allow more amendments will not have a significant efficient and improved appeals efficient processing of requests. economic effect on a substantial number processing by the Commission’s Office Although the proposed rules are of small entities. The Commission of the General Counsel. In addition, the unlikely to have a significant impact on requests comments regarding the implementation of an appeals time the economy, the Commission believes appropriateness of its certification. frame is consistent with the practices of that the rules will benefit the Other Administrative Law Matters other federal agencies. Our staff has Commission and the public. Compared reviewed the practices at the 15 United to the baseline, which includes the Because these amendments are States federal executive departments. Of current fee structure outlined above, the generally rules of agency organization, these, seven have a FOIA appeals time proposed rules will permit the procedure and practice that do not frame of 30 days, five have a 60 day Commission to charge fees that more substantially affect the rights and time frame, one has a 35 day time frame, closely reflect the direct costs the obligations of non-agency parties, the one has a 45 day time frame and one has Commission incurs to provide FOIA Congressional Review Act does not a 90 day time frame.8 services. Additionally, the proposed apply.9 rules will provide increased flexibility These amendments do not contain 7 All fees will be charged in accordance with the to FOIA requesters by expressly any collection of information categories of FOIA requesters as set forth in 5 U.S.C. permitting appeals by email and requirement as defined by the 552(a)(4)(A)(ii), 17 CFR 200.80(e)(10). Paperwork Reduction Act of 1995, as 8 Independent agencies comparable to the SEC facsimile. By establishing a time frame (FDIC, CFTC and FTC) have 30 day appeals time for FOIA appeals that, in light of frames. potential alternatives, is consistent with 9 5 U.S.C. 801, et seq.

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amended.10 The Commission solicits prominently identified at the top of the exceed the amount of the fee or where comment on whether the proposed first page with the legend ‘‘Freedom of the requester has met the requirements amendments would be ‘‘major’’ as Information Act Appeal’’ and shall for a statutory fee waiver. Fees will be defined in 5 U.S.C. 804. provide the assigned request number. determined as follows: Copies of the request and the SEC’s Search and review services (review Statutory Authority and Text of response, if any, should be included applies to commercial-use requesters Proposed Rule Amendments with the appeal. If an appeal is from an only): (1) The Commission will establish The amendments contained herein are adverse decision, it must be received and charge average rates for the groups being proposed under the authority set within thirty (30) calendar days of the of grades typically involved in search forth in 5 U.S.C. 552 and 15 U.S.C. 78d– date of the adverse decision. If only a and review. Those groups will consist of 1. portion of the decision is appealed, the employees at: List of Subjects in 17 CFR Part 200 requester must specify which part of the (i) Grades SK–9 or below; decision is being appealed. An appeal (ii) Grades SK–10 to SK–14; and Administrative practice and from an adverse decision should also (iii) Grades SK–15 or above. procedure, Freedom of information. identify the name of the deciding (2) The average rates will be based on Text of Proposed Amendments official, the date of the decision, and the the hourly salary (i.e., basic salary plus precise subject matter of the appeal. An locality payment), plus 16 percent for For the reasons stated in the appeal is not perfected until the SEC benefits, of employees who routinely preamble, the Commission proposes to receives the information identified in perform those services. Fees will be amend 17 CFR part 200, subpart D as this paragraph (d)(6)(i). charged in quarter-hour increments. The follows: (ii) How to file and address a written average hourly rates are listed on the appeal. The appeal must be sent to both PART 200—ORGANIZATION; Commission’s Web site at http:// the General Counsel and the Office of CONDUCT AND ETHICS; AND www.sec.gov/foia/feesche.htm and will FOIA Services at 100 F Street NE., be updated as salaries change. INFORMATION AND REQUESTS Washington, DC 20549. The SEC accepts * * * * * Subpart D—Information and Requests facsimiles (faxes) and emails as written FOIA appeals. Information regarding Dated: June 20, 2014. ■ 1. The authority citation for part 200, where to fax or email a FOIA appeal is By the Commission. subpart D, is revised to read, in part, as available on the SEC’s FOIA home page Kevin M. O’Neill, follows: on the Commission’s Web site at Deputy Secretary. http://www.sec.gov/foia.shtml. A legible Authority: 5 U.S.C. 552, as amended, 15 [FR Doc. 2014–14979 Filed 6–26–14; 8:45 am] return address must be included with U.S.C. 77f(d), 77s, 77ggg(a), 77sss, 78m(F)(3), BILLING CODE 8011–01–P 78w, 80a–37, 80a–44(a), 80a–44(b), 80b– the FOIA appeal. The requester may 10(a), and 80b–11, unless otherwise noted. also include other contact information, such as a telephone number and/or an * * * * * DEPARTMENT OF LABOR ■ 2. Amend § 200.80 by: email address. ■ a. Revising paragraph (d)(5)(i); * * * * * Wage and Hour Division ■ b. Revising paragraphs (d)(6)(i) and (e) Fees for records services. (d)(6)(ii); Information pertaining to search and 29 CFR Part 825 ■ c. Revising paragraph (e) introductory review services, including locating, text; and reviewing, and making records RIN 1235–AA09 ■ d. Removing the first sentence of available, attestations and copying, The Family and Medical Leave Act paragraph (e)(1). appears in appendix E to this subpart D, The revisions read as follows: 17 CFR 200.80e. A schedule of fees is AGENCY: Wage and Hour Division, located at the Commission’s Web site at § 200.80 Commission records and Department of Labor. information. http://www.sec.gov/foia/feesche.htm. ACTION: Notice of proposed rulemaking. * * * * * * * * * * ■ 3. Amend § 200.80e by: SUMMARY: The Department of Labor’s (d) * * * ■ (5) Initial determination; multi-track a. Adding introductory text; and Wage and Hour Division proposes to ■ b. Revising the paragraph that begins, processing, and denials—(i) Time revise the regulation defining ‘‘spouse’’ ‘‘Search and review services:’’. within which to respond. When a under the Family and Medical Leave The addition and revision read as Act of 1993 (FMLA or the Act) in light request complies with the procedures in follows: this section for requesting records under of the United States Supreme Court’s the Freedom of Information Act, a § 200.80e Appendix E—Schedule of fees decision in United States v. Windsor, response shall be sent within 20 for records services. which found section 3 of the Defense of business days from the date the Office The requester will be charged search, Marriage Act (DOMA) to be of FOIA Services receives the request, review, and duplication fees according unconstitutional. This Notice of except as described in paragraphs to his or her fee category. In addition, Proposed Rulemaking (NPRM) proposes (d)(5)(ii) and (d)(5)(iii) of this section. If the SEC will charge the requester for to amend the definition of spouse to that Office cannot locate any requested any special handling or services include all legally married spouses. records, the response shall advise the performed in processing the request DATES: Comments must be received on requester accordingly. and/or appeal. Duplication fees also are or before August 11, 2014. * * * * * applicable to records provided in ADDRESSES: You may submit comments, (6) * * * response to requests made under the identified by Regulatory Information (i) Time limits and content of appeal. Privacy Act. Fees will not be charged Number (RIN) 1235–AA09, by electronic Appeals shall be clearly and under either the FOIA or the Privacy submission through the Federal Act where the costs of collecting and eRulemaking Portal http:// 10 44 U.S.C. 3501–3520. processing the fee are likely to equal or www.regulations.gov. Follow

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instructions for submitting comments. district and area offices at http:// protected family and medical leave, You may also submit comments by mail. www.dol.gov/whd/america2.htm. employers must also maintain any Address written submissions to Mary SUPPLEMENTARY INFORMATION: preexisting group health plan coverage Ziegler, Director of the Division of for an employee on FMLA protected Regulations, Legislation, and I. Electronic Access and Filing leave under the same conditions that Interpretation, Wage and Hour Division, Comments would apply if the employee had not U.S. Department of Labor, Room S– Public Participation: This NPRM is taken leave. 29 U.S.C. 2614. Once the 3502, 200 Constitution Avenue NW., available through the Federal Register leave period is concluded, the employer Washington, DC 20210. and the http://www.regulations.gov Web is required to restore the employee to Instructions: Please submit only one site. You may also access this document the same or an equivalent position with copy of your comments by only one via the WHD’s Web site at http:// equivalent employment benefits, pay, method. All submissions must include www.dol.gov/whd/. To comment and other terms and conditions of the agency name and RIN, identified electronically on Federal rulemakings, employment. Id. If an employee believes above, for this rulemaking. Please be go to the Federal e-Rulemaking Portal at that his or her FMLA rights have been advised that comments received will be http://www.regulations.gov, which will violated, the employee may file a posted without change to http:// allow you to find, review, and submit complaint with the Department of Labor www.regulations.gov, including any comments on Federal documents that or file a private lawsuit in federal or personal information provided, and are open for comment and published in state court. If the employer has violated should not include any individual’s the Federal Register. You must identify the employee’s FMLA rights, the personal medical information. For all comments submitted by including employee is entitled to reimbursement questions concerning the application of the RIN 1235–AA09 in your submission. for any monetary loss incurred, the FMLA provisions, individuals may Commenters should transmit comments equitable relief as appropriate, interest, contact the Wage and Hour Division early to ensure timely receipt prior to attorneys’ fees, expert witness fees, and (WHD) local district offices (see contact the close of the comment period (date court costs. Liquidated damages also information below). Mailed written identified above); comments received may be awarded. 29 U.S.C. 2617. submissions commenting on these after the comment period closes will not Title I of the FMLA is administered by provisions must be received by the date be considered. Submit only one copy of the U.S. Department of Labor and indicated for consideration in this your comments by only one method. applies to private sector employers of 50 rulemaking. Comments submitted Please be advised that all comments or more employees, public agencies, and through http://www.regulations.gov received will be posted without change certain federal employers and entities, must be received by 11:59 p.m. Eastern to http://www.regulations.gov, including such as the U.S. Postal Service and Standard Time on the date indicated for any personal information provided, and Postal Rate Commission. Title II is consideration in this rulemaking. For should not include any individual’s administered by the U.S. Office of additional information on submitting personal medical information. Personnel Management and applies to comments and the rulemaking process, civil service employees covered by the I. Background see the ‘‘Public Participation’’ heading annual and sick leave system of the SUPPLEMENTARY INFORMATION A. What the FMLA Provides established under 5 U.S.C. Chapter 63 section of this document. and certain employees covered by other The Family and Medical Leave Act of federal leave systems. Docket: For access to the docket to 1993, 29 U.S.C. 2601 et seq., entitles read background documents or eligible employees of covered employers B. Who the Law Covers comments, go to the Federal to take job-protected, unpaid leave, or to The FMLA generally covers eRulemaking Portal at http:// substitute appropriate accrued paid www.regulations.gov. employers with 50 or more employees. leave, for up to a total of 12 workweeks To be eligible to take FMLA leave, an FOR FURTHER INFORMATION CONTACT: in a 12-month period for the birth of the employee must meet specified criteria, Mary Ziegler, Director of the Division of employee’s son or daughter and to care including employment with a covered Regulations, Legislation, and for the newborn child; for the placement employer for at least 12 months, Interpretation, Wage and Hour Division, of a son or daughter with the employee performance of a specified number of U.S. Department of Labor, Room S– for adoption or foster care; to care for hours of service in the 12 months prior 3502, 200 Constitution Avenue NW., the employee’s spouse, parent, son, or to the start of leave, and work at a Washington, DC 20210; telephone: (202) daughter with a serious health location where there are at least 50 693–0406 (this is not a toll-free condition; when the employee is unable employees within 75 miles. number). Copies of this rule may be to work due to the employee’s own obtained in alternative formats (large serious health condition; or for any C. Regulatory History print, Braille, audio tape or disc), upon qualifying exigency arising out of the The FMLA required the Department request, by calling (202) 693–0675 (this fact that the employee’s spouse, son, to issue initial regulations to implement is not a toll-free number). TTY/TDD daughter, or parent is a military member Title I and Title IV of the FMLA within callers may dial toll-free 1–877–889– on covered active duty. An eligible 120 days of enactment (by June 5, 1993) 5627 to obtain information or request employee may also take up to 26 with an effective date of August 5, 1993. materials in alternative formats. workweeks of FMLA leave during a The Department published an NPRM in Questions of interpretation and/or ‘‘single 12-month period’’ to care for a the Federal Register on March 10, 1993. enforcement of the agency’s regulations covered servicemember with a serious 58 FR 13394. The Department received may be directed to the nearest WHD injury or illness, when the employee is comments from a wide variety of district office. Locate the nearest office the spouse, son, daughter, parent, or stakeholders, and after considering by calling the WHD’s toll-free help line next of kin of the servicemember. these comments the Department issued at (866) 4US–WAGE ((866) 487–9243) FMLA leave may be taken in a block, an interim final rule on June 4, 1993, between 8 a.m. and 5 p.m. in your local or under certain circumstances, effective August 5, 1993. 58 FR 31794. time zone, or log onto the WHD’s Web intermittently or on a reduced leave After publication, the Department site for a nationwide listing of WHD schedule. In addition to providing job invited further public comment on the

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interim regulations. 58 FR 45433 (Aug. serious illness or injury; and (3) for a legislative history confirms that this 30, 1993). During this comment period, qualifying exigency related to the definition was adapted to ensure that the Department received a significant covered military service of a spouse. employers were not required to grant FMLA number of substantive and editorial The FMLA defines ‘‘spouse’’ as ‘‘a leave to an employee to care for an comments on the interim regulations husband or wife, as the case may be.’’ unmarried domestic partner. (See Congressional Record, S 1347, February 4, from a wide variety of stakeholders. 29 U.S.C. 2611(13). In the 1993 Interim 1993). Moreover, the subsequently enacted Based on this second round of public Final Rule, the Department defined Defense of Marriage Act of 1996 (DOMA) comments, the Department published spouse as ‘‘a husband or wife as defined (Public Law 104–199) establishes a Federal final regulations to implement the or recognized under State law for definition of ‘‘marriage’’ as only a legal union FMLA on January 6, 1995. 60 FR 2180. purposes of marriage, including between one man and one woman as The regulations were amended February common law marriage in States where it husband and wife, and a ‘‘spouse’’ as only a 3, 1995 (60 FR 6658) and March 30, is recognized.’’ 58 FR 31817, 31835 person of the opposite sex who is a husband 1995 (60 FR 16382) to make minor (June 4, 1993). In commenting on the or wife. Because FMLA is a Federal law, it technical corrections. The final Interim Final Rule, both the Society for is our interpretation that only the Federal regulations went into effect on April 6, Human Resource Management and definition of marriage and spouse as established under DOMA may be recognized 1995. William M. Mercer, Inc., questioned for FMLA leave purposes. The Department published a Request which state law would apply when an for Information (RFI) in the Federal employee resided in one State but Opinion Letter FMLA–98 (Nov. 18, Register on December 1, 2006 worked in another State. 60 FR 2190 1998). The WHD also referenced requesting public comments on (June 6, 1995). In response to these DOMA’s limitations on spousal FMLA experiences with the FMLA (71 FR comments, the 1995 Final Rule clarified leave in a number of sub-regulatory 69504) and issued a report on the RFI that the law of the State of the guidance documents posted on its Web responses on June 28, 2007 (72 FR employee’s residence would control for site. 35550). The Department published an determining eligibility for FMLA On June 26, 2013, the Supreme Court NPRM in the Federal Register on spousal leave. Id. at 2191. Accordingly, held in United States v. Windsor, 133 S. February 11, 2008 proposing changes to since 1995 the FMLA regulations have Ct. 2675 (2013), that Section 3 of DOMA the FMLA’s regulations based on the contained the following definition of was unconstitutional under the Fifth Department’s experience administering spouse: ‘‘Spouse means a husband or Amendment. It concluded that this the law, two Department of Labor wife as defined or recognized under section ‘‘undermines both the public studies and reports on the FMLA issued State law for purposes of marriage in the and private significance of state- in 1996 and 2001, several U.S. Supreme State where the employee resides, sanctioned same-sex marriages’’ and Court and lower court rulings on the including common law marriage in found that ‘‘no legitimate purpose FMLA, and a review of the comments States where it is recognized.’’ 29 CFR overcomes’’ Section 3’s ‘‘purpose and received in response to the 2006 RFI. 73 825.102, 825.122(a) (prior to the 2013 effect to disparage and to injure those FR 7876. The Department also sought final rule the same definition appeared whom the State, by its marriage laws, comments on the military family leave at 29 CFR 825.113(a) and 825.800). sought to protect[.]’’ Id. at 2694–96. statutory provisions, enacted by the In 1996 the Defense of Marriage Act Because of the Supreme Court’s National Defense Authorization Act for (DOMA) was enacted. Public Law 104– holding in Windsor that Section 3 of Fiscal Year 2008. In response to the 199, 110 Stat. 2419. Section 3 of DOMA DOMA is unconstitutional, the NPRM, the Department received restricted the definitions of ‘‘marriage’’ Department is no longer prohibited from thousands of comments from a wide and ‘‘spouse’’ for purposes of federal recognizing same-sex marriages. variety of stakeholders. The Department law, regulations, and administrative Accordingly, as of June 26, 2013, under issued a final rule on November 17, interpretations: ‘‘the word ‘marriage’ the current FMLA regulatory definition 2008, which became effective on means only a legal union between one of spouse, eligible employees in a legal January 16, 2009. 73 FR 67934. man and one woman as husband and same-sex marriage who reside in a State The Department published an NPRM wife, and the word ‘spouse’ refers only that recognizes their marriage may take in the Federal Register on February 15, to a person of the opposite sex who is FMLA spousal leave. On August 9, 2012 primarily focused on changes to a husband or a wife.’’ 1 U.S.C. 7. For 2013, the Department updated its FMLA the FMLA’s regulations to implement purposes of employee leave under the sub-regulatory guidance to remove any amendments to the military leave FMLA, the effect of DOMA was to limit references to the restrictions imposed by provisions made by the National the availability of FMLA leave based on Section 3 of DOMA and to expressly Defense Authorization Act for Fiscal a spousal relationship to opposite-sex note that the regulatory definition of Year 2010 and to the employee marriages. While the Department did spouse covers same-sex spouses eligibility requirements for airline flight not revise the FMLA regulatory residing in States that recognize such crew employees made by the Airline definition of ‘‘spouse’’ to incorporate marriages. Flight Crew Technical Corrections Act. DOMA’s restrictions, in 1998 the Wage III. Discussion of Proposed Changes to 77 FR 8960. The Department issued a and Hour Division (WHD) issued an the FMLA Regulations final rule on February 6, 2013, which opinion letter that addressed, in part, Both Section 825.102 (Definitions) became effective on March 8, 2013. 78 the limitation Section 3 of DOMA FR 8834. and paragraph (b) of Section 825.122 imposed on the availability of FMLA (Definitions of covered servicemember, II. FMLA Spousal Leave spousal leave. spouse, parent, son or daughter, next of The FMLA provides eligible Under the FMLA (29 U.S.C. 2611(13)), the kin of a covered service member, employees with leave to care for a term ‘‘spouse’’ is defined as a husband or adoption, foster care, son or daughter on spouse in the following situations: (1) wife, which the regulations (29 CFR covered active duty or call to covered 825.113(a)) clarified to mean a husband or When needed to care for a spouse due wife as defined or recognized under State law active duty status, son or daughter of a to the spouse’s serious health condition; for purposes of marriage in the State where covered servicemember, and parent of a (2) when needed to care for a spouse the employee resides, including common law covered servicemember) set forth the who is a covered servicemember with a marriage in States where it is recognized. The definition of ‘‘spouse’’ for purposes of

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FMLA leave as ‘‘a husband or wife as Wales/Scotland,1 France, Iceland, The a child includes the right to take leave defined or recognized under State law Netherlands, New Zealand, Norway, to care for a stepchild. See 825.102, for purposes of marriage in the State Portugal, Spain, South Africa, Sweden, which defines ‘‘son or daughter’’ to where the employee resides, including and Uruguay). A place of celebration include a stepchild; see also 825.122(d), common law marriage in States where it rule will allow all legally married 825.122(h), and 825.122(i). Under the is recognized.’’ 29 CFR 825.102, couples, whether opposite-sex or same- Department’s proposed rule, an 825.122(b). sex, to have consistent federal family employee in a valid same-sex marriage The Department proposes to change leave rights regardless of the State in would be able to take leave to care for the regulatory definition of spouse in which they reside. a stepchild to whom the employee does sections 825.102 and 825.122(b) to look A place of celebration rule will ensure not stand in loco parentis. The to the law of the jurisdiction in which that all legally married employees have Department has consistently recognized the marriage was entered into (including consistent FMLA leave rights regardless the eligibility of same-sex partners for common law marriages), as opposed of where they live. The Department (whether married or not) to take leave to to the law of the State in which the believes that a place of celebration rule care for a partner’s child provided that employee resides, and to expressly will give fullest effect to the purpose of they meet the in loco parentis reference the inclusion of same-sex the FMLA to permit employees to take requirement of providing day-to-day marriages in addition to common law unpaid leave to care for a seriously ill care or financial support for the child. marriages. The Department also spouse. The need to provide care for a Administrator Interpretation FMLA proposes to include in the definition spouse is the same for all married 2010–3. Prior to the Supreme Court’s same-sex marriages entered into abroad. couples and does not change depending decision in Windsor, Section 3 of The Department proposes to define on their state of residence. Additionally, DOMA prevented employees in same- spouse as the other person to whom an a place of celebration rule will provide sex marriages from taking such leave for individual is married as defined or consistent federal family leave rights for a stepchild unless they satisfied the recognized under State law for purposes legally married couples regardless of the requirements of in loco parentis status. of marriage in the State in which the State in which they reside, thus However, in light of the June 26, 2013 marriage was entered into or, in the case reducing barriers to the mobility of Windsor decision, under the current of a marriage entered into outside of any employees in same-sex marriages in the version of the regulation, employees in State, if the marriage is valid in the labor market. The Department believes same-sex marriages residing in States place where entered into and could such a rule will also reduce the that recognize such marriages can take have been entered into in at least one administrative burden on employers leave for a stepchild to whom they do State. The proposed definition includes that operate in more than one State, or not stand in loco parentis. 29 CFR an individual in a same-sex or common that have employees who move between 825.122(d)(3). Under the proposed place law marriage. States with different marriage of celebration rule, an employee in a The proposed definition includes the recognition rules; such employers valid same-sex marriage would be able statutory language defining spouse as a would not have to consider the to take leave to care for a stepchild to husband or wife but makes clear that employee’s state of residence and the whom the employee does not stand in these terms include all individuals in laws of that State in determining the loco parentis, regardless of the State in lawfully recognized marriages. The employee’s eligibility for FMLA leave. which he or she resides. Department is aware that the language As noted above, the FMLA military Similarly, the proposed change would surrounding marriage is evolving and leave provisions also entitle employees allow an employee to take FMLA leave that not all married individuals choose to take FMLA leave for a qualifying to care for the employee’s parent’s same- to use the traditional terms of husband exigency related to the covered military sex spouse who did not stand in loco or wife when referring to their spouse. service of a spouse and when needed to parentis to the employee. The regulatory The Department intends the proposed care for a spouse who is a covered definitions allow for FMLA leave to be definition to cover all spouses in legal servicemember with a serious illness or taken to care for a stepparent as well as marriages as defined in the regulation injury. See 825.126, 825.127. The a parent. See 825.102, which defines regardless of whether they use the terms Department’s proposed place of ‘‘parent’’ to include a stepparent; see husband or wife. celebration rule is consistent with the also 825.122(c) and 825.122(j). Prior to The Department is proposing to move the Windsor decision, if an employee’s Department of Defense’s (DOD) policy of from a state of residence rule to a rule parent’s same-sex spouse did not have treating all married members of the based on the jurisdiction where the an in loco parentis relationship with the military equally. In administering its marriage was entered into (place of employee (e.g., if the employee’s parent policy DOD looks to the place of celebration) to ensure that same-sex entered into a same-sex marriage when celebration to determine if a military couples who have legally married will the employee was no longer a child), member is in a valid marriage. The have consistent FMLA rights regardless then the employee would not have been Department believes it is appropriate of where they live. As of June 18, 2014, able to take leave to care for that wherever possible to align the nineteen States and the District of stepparent. After Windsor, employees availability of FMLA military leave with Columbia extend the right to marry to with a parent in a valid same-sex the availability of other marriage-based both same-sex and opposite-sex couples marriage living in a State that recognizes (California, Connecticut, Delaware, benefits provided by DOD. such marriages can take leave to care for The proposed change to a place of District of Columbia, Hawaii, Illinois, the stepparent. Under the proposed celebration rule for the definition of Iowa, Maine, Maryland, Massachusetts, place of celebration rule, an employee spouse under the FMLA would also Minnesota, New Hampshire, New would be able to take leave to care for have some impact beyond spousal leave. Jersey, New Mexico, New York, Oregon, a parent’s same-sex spouse, regardless of Pennsylvania, Rhode Island, Vermont, The right to take FMLA leave to care for the State. and Washington). Additionally, sixteen Accordingly, because the Department 1 Legislation to legalize same-sex marriage has countries extend the right to marry to been approved in Scotland and marriages of same- believes that expanding the definition of same-sex couples (Argentina, Belgium, sex couples are expected to begin there in the spouse to include all legally married Brazil, Canada, Denmark, England/ autumn of 2014. couples is consistent both with the

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Court’s decision in Windsor and with information contained in a proposed FMLA leave for certain FMLA the purpose of the FMLA to provide rule. See 44 U.S.C. 3506(c)(2)(B); 5 CFR qualifying reasons (e.g., employee’s own eligible employees with unpaid leave to 1320.8. serious health condition, the employee’s care for a seriously ill spouse, child, or The PRA requires all federal agencies parent’s or child’s health condition, parent, the Department proposes to to analyze proposed regulations for etc.). The proposed rule does not define ‘‘spouse’’ according to the law of potential time burdens on the regulated increase the number of employees the place of celebration. Of course, an community created by provisions eligible to take FMLA leave; rather, it employer may offer an employment within the proposed regulations that would allow FMLA leave to be taken on benefit program or plan that provides require the submission of information. the basis of an employee’s same-sex greater family or medical leave rights to These information collection (IC) marriage regardless of their state of employees than the rights established by requirements must be submitted to OMB residence, in addition to the other the FMLA. See 29 CFR 825.700(a). for approval. Persons are not required to reasons for which they were already FMLA regulations state: ‘‘[N]othing in respond to the information collection able to take leave. That is, FMLA the Act is intended to discourage requirements as contained in this coverage and eligibility provisions are employers from adopting or retaining proposal unless and until they are unchanged by this proposed rule, and more generous leave policies.’’ 29 CFR approved by OMB under the PRA at the employees who are not currently 825.700(b). The Department seeks final rule stage. This ‘‘paperwork eligible and employed by a covered comments on its proposed definition. burden’’ analysis estimates the burdens establishment would not become for the proposed regulations as drafted. eligible as a result of this rule. IV. Conforming Changes The Department proposes to revise Accordingly, the Department Minor editorial changes are proposed the regulation defining ‘‘spouse’’ under developed an estimate that focuses on to sections 825.120, 825.121, 825.122, the FMLA, in light of the United States FMLA leave that employees can take to 825.127, 825.201 and 825.202 to make Supreme Court’s holding that Section 3 care for their same-sex spouse, stepchild references to husbands and wives, and of the Defense of Marriage Act is (i.e., child of employee’s same-sex mothers and fathers gender neutral unconstitutional. Amending the spouse to whom the employee does not where appropriate so that they apply definition of spouse to include all stand in loco parentis), or stepparent equally to opposite-sex and same-sex legally married spouses as recognized (i.e., same-sex spouse of employee’s spouses. The Department proposes under state law for purposes of marriage parent). The proposed regulations, using the terms ‘‘spouses’’ and in the State where the marriage was which do not substantively alter the ‘‘parents,’’ as appropriate, in these entered into or, in the case of a marriage FMLA but instead allow FMLA leave to regulations. These editorial changes do entered into outside of any State, if the be taken on the basis of an employee’s not change the availability of FMLA marriage is valid in the place where same-sex marriage regardless of their leave but simply clarify its availability entered into and could have been state of residence, would create for all eligible employees who are entered into in a State, would expand additional burdens on some of the legally married. the availability of FMLA leave to legally information collections. married same-sex spouses regardless of Circumstances Necessitating V. Paperwork Reduction Act the State in which they reside. Under Collection: The Family and Medical The Paperwork Reduction Act of 1995 the proposed definition of spouse, Leave Act of 1993 (FMLA), 29 U.S.C. (PRA), 44 U.S.C. 3501 et seq., and its eligible employees would be able to take 2601, et seq., requires private sector attendant regulations, 5 CFR part 1320, FMLA leave to care for their same-sex employers who employ 50 or more require that the Department consider the spouse, a stepparent by virtue of a employees, all public and private impact of paperwork and other parent’s same-sex marriage, or a elementary schools, and all public information collection burdens imposed stepchild to whom the employee does agencies to provide up to 12 weeks of on the public. Under the PRA, an not stand in loco parentis. unpaid, job-protected leave during any agency may not collect or sponsor the In light of the June 26, 2013 Windsor 12-month period to eligible employees collection of information, nor may it decision and under the current for certain family and medical reasons impose an information collection regulation, employees in same-sex (i.e., for birth of a son or daughter and requirement unless it displays a marriages have the right to take FMLA to care for the newborn child; for currently valid Office of Management leave based on their same-sex marriage placement with the employee of a son and Budget (OMB) control number. See only if they reside in a State that or daughter for adoption or foster care; 5 CFR 1320.8(b)(3)(vi). recognizes same-sex marriage. In to care for the employee’s spouse, son, OMB has assigned control number contrast, under the proposed place of daughter, or parent with a serious health 1235–0003 to the FMLA information celebration rule, all eligible employees condition; because of a serious health collections. As required by the PRA (44 in same-sex marriages would be able to condition that makes the employee U.S.C. 3507(d)), the Department has take FMLA leave, regardless of their unable to perform the functions of the submitted these proposed information state of residence. These proposed employee’s job; to address qualifying collection amendments to OMB for its information collection amendments exigencies arising out of the deployment review. update the burden estimates to include of the employee’s spouse, son, daughter, Summary: The Department seeks to same-sex couples nationwide— or parent to covered active duty in the minimize the paperwork burden for employees whom Windsor rendered military), and up to 26 workweeks of individuals, small businesses, eligible to take FMLA leave under the unpaid, job-protected leave during a educational and nonprofit institutions, current regulation based on their same- single 12-month period to an eligible federal contractors, state, local, and sex marriage residing in States that employee who is the spouse, son, tribal governments, and other persons recognize such marriages and daughter, parent, or next of kin of a resulting from the collection of employees who would become able to covered servicemember for the information by or for the agency. The take such leave under this proposed employee to provide care for the PRA typically requires an agency to rule. covered servicemember with a serious provide notice and seek public Covered, eligible employees in same- injury or illness. FMLA section 404 comments on any proposed collection of sex marriages are already eligible to take requires the Secretary of Labor to

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prescribe such regulations as necessary the FMLA regulations are records that knowing their FMLA rights and to enforce this Act. 29 U.S.C. 2654. employers ordinarily maintain in the obligations. The Department’s authority for the usual and ordinary course of business. Special Circumstances: Because of the collection of information and the The regulations do impose, however, a unforeseeable and often urgent nature of required disclosure of information three-year minimum time limit that the need for FMLA leave, notice and under the FMLA stems from the statute employers must maintain the records. response times must be of short and/or the implementing regulations. The Department minimizes the FMLA duration to ensure that employers and These third-party disclosures ensure information collection burden by employees are sufficiently informed and that both employers and employees are accepting records maintained by can exercise their FMLA rights and aware of and can exercise their rights employers as a matter of usual or obligations. and meet their respective obligations customary business practices to the Employers must maintain employee under FMLA. extent those records meet FMLA medical information they obtain for Purpose and Use: No WHD forms are requirements. The Department also FMLA purposes as confidential medical impacted by the proposed regulations. accepts records kept due to other records in separate files/records from While the use of the Department’s governmental requirements (e.g., the usual personnel files. Employers existing forms is optional, the records maintained for tax and payroll must also maintain such records in regulations require employers and purposes). The Department has conformance with any applicable employees to make the third-party reviewed the needs of both employers Americans with Disabilities Act and disclosures that the forms cover. The and employees to determine the Genetic Information Nondiscrimination FMLA third-party disclosures ensure frequency of the third-party Act confidentiality requirements, except that both employers and employees are notifications covered by this collection that: Supervisors and managers may be aware of and can exercise their rights to establish frequencies that provide informed regarding necessary and meet their respective obligations timely information with the least restrictions on the work or duties of an under the FMLA. burden. The Department has further employee and necessary Technology: The regulations prescribe minimized the burden by developing accommodations; first aid and safety no particular order or form of records. prototype notices for many of the third- personnel may be informed (when See § 825.500(b). The preservation of party disclosures covered by this appropriate) if the employee’s physical records in such forms as microfilm or information collection. or medical condition might require automated word or data processing Minimizing Small Entity Burden: This emergency treatment; and government memory is acceptable, provided the information collection does not have a officials investigating compliance with employer maintains the information and significant impact on a substantial FMLA (or other pertinent law) shall be provides adequate facilities to the number of small entities. The provided relevant information upon Department for inspection, copying, and Department minimizes the FMLA request. transcription of the records. In addition, information collection burden by Public Comments: The Department photocopies of records are also accepting records maintained by seeks public comments regarding the acceptable under the regulations. Id. employers as a matter of usual or burdens imposed by information Aside from the general requirement customary business practices. The collections contained in this proposed that third-party notifications be in Department also accepts records kept rule. In particular, the Department seeks writing, with a possible exception for due to requirements of other comments that: Evaluate whether the the employee’s FMLA request that governmental requirements (e.g., proposed collection of information is depends on the employer’s leave records maintained for tax and payroll necessary for the proper performance of policies, there are no restrictions on the purposes). The Department has the functions of the agency, including method of transmission. Respondents reviewed the needs of both employers whether the information will have may meet many of their notification and employees to determine the practical utility; evaluate the accuracy obligations by using Department- frequency of the third-party of the agency’s estimate of the burden of prepared publications available on the notifications covered by this collection the proposed collection of information, WHD Web site, www.dol.gov/whd. to establish frequencies that provide including the validity of the These forms are in PDF, fillable format timely information with the least methodology and assumptions used; for downloading and printing. burden. The Department has further enhance the quality, utility and clarity Employers may maintain records in any minimized burden by developing of the information to be collected; and format, including electronic, when prototype notices for many of the third- minimize the burden of the collection of adhering to the recordkeeping party disclosures covered by this information on those who are to requirements covered by this information collection and giving the respond, including through the use of information collection. text employers must use, in accordance appropriate automated, electronic, Duplication: The FMLA information with FMLA section 109 (29 U.S.C. mechanical, or other technological collections do not duplicate other 2619), in providing a general notice to collection techniques or other forms of existing information collections. In employees of their FMLA rights and information technology, e.g., permitting order to provide all relevant FMLA responsibilities, in addition to the electronic submissions of responses. information in one set of requirements, prototype optional-use forms. Commenters may send their views about the recordkeeping requirements restate a Agency Need: The Department is these information collections to the portion of the records employers must assigned a statutory responsibility to Department in the same way as all other maintain under the Fair Labor ensure employer compliance with the comments (e.g., through the Standards Act (FLSA). Employers do FMLA. The Department uses records regulations.gov Web site). All comments not need to duplicate the records when covered by this information collection received will be made a matter of public basic records maintained to meet FLSA to determine compliance, as required of record, and posted without change to requirements also document FMLA the agency by FMLA section 107(b)(1). http://www.regulations.gov, including compliance. With the exception of 29 U.S.C. 2617(b)(1). Without the third- any personal information provided. records specifically tracking FMLA party notifications, employers and An agency may not conduct an leave, the additional records required by employees would have difficulty information collection unless it has a

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currently valid OMB approval, and the environmental, public health and safety The Department recently surveyed Department has submitted the identified effects, distributive impacts, and employers and employees nationwide information collection contained in the equity). Executive Order 13563 on FMLA leave taking, Family and proposed rule to OMB for review under emphasizes the importance of Medical Leave in 2012.4 Based on these the PRA under the Control Number quantifying both costs and benefits, of survey findings, 59.2 percent of 1235–0003. See 44 U.S.C. 3507(d); 5 reducing costs, of harmonizing rules, employees meet the eligibility CFR 1320.11. Interested parties may and of promoting flexibility. Although requirements for FMLA leave and are obtain a copy of the full supporting this rule is not economically significant employed by covered establishments.5 statement by sending a written request within the meaning of Executive Order Of those employees, 16.8 percent were to the mail address shown in the 12866, it has been reviewed by the married and took FMLA leave 6 and of ADDRESSES section at the beginning of Office of Management and Budget. those who took leave, 17.6 percent took this preamble or by visiting the http:// The Department proposes to revise leave to care for a parent, spouse, or www.reginfo.gov/public/do/PRAMain the regulatory definition of ‘‘spouse’’ for child, and 1.4 percent took leave to Web site. the purpose of FMLA to allow all legally address issues related to a military In addition to having an opportunity married employees to take leave to care family member’s covered active duty.7 to file comments with the Department, for their spouse regardless of whether Applying these findings to the number comments about the paperwork their state of residence recognizes their of individuals in same-sex marriages implications of the proposed regulations marriage. As a result of the proposed based on the 2010 ACS, results in an may be addressed to OMB. Comments to regulatory change, covered and eligible estimated 6,720 new instances of FMLA OMB should be directed to: Office of employees would be entitled to take leave annually as a result of the Information and Regulatory Affairs, FMLA leave regardless of their state of proposed change to the regulatory Attention OMB Desk Officer for the residence to care for their same-sex definition of spouse.89 This likely Wage and Hour Division, Office of spouse with a serious health condition; overestimates the number of instances Management and Budget, Room 10235, to care for a stepchild with a serious of new leave that would be taken, as Washington, DC 20503, Telephone: health condition to whom the employee covered and eligible employees in same- 202–395–7316/Fax: 202–395–6974 does not stand in loco parentis; to care sex marriages are already entitled to (these are not toll-free numbers). for their parent’s same-sex spouse with take FMLA leave to care for a parent or Confidentiality: The Department a serious health condition; for child with a serious health condition. makes no assurances of confidentiality qualifying exigency reasons related to Because FMLA leave is unpaid leave, to respondents. As a practical matter, the covered active duty of their same- the costs to employers resulting from the Department would only disclose sex spouse; and to care for their same- this proposed rule change are: agency investigation records of sex spouse who is a covered Regulatory familiarization, maintenance materials subject to this collection in servicemember with a serious injury or of preexisting employee health benefits accordance with the provisions of the illness. This proposed rule would not during FMLA leave, and administrative Freedom of Information Act, 5 U.S.C. expand coverage under the FMLA, that 552, and the attendant regulations, 29 is, the coverage and eligibility 4 See Wage and Hour Division FMLA Surveys CFR part 70, and the Privacy Act, 5 provisions of the FMLA are unchanged Web page at: http://www.dol.gov/whd/fmla/ by this rule and employees who are not survey/. U.S.C. 552a, and its attendant 5 Family and Medical Leave in 2012: Technical regulations, 29 CFR part 71. currently eligible and employed by a Report, exhibit 2.2.1, page 20, available at: http:// Agency: Wage and Hour Division. covered establishment would not www.dol.gov/asp/evaluation/fmla/FMLA-2012- Title of Collection: Family and become eligible as a result of this Technical-Report.pdf. Medical Leave Act, as Amended. proposed rule. 6 Family and Medical Leave in 2012: Technical OMB Control Number: 1235–0003. Estimates of the number of Report, exhibit 4.1.5, page 64. individuals in same-sex marriages vary 7 Family and Medical Leave in 2012: Technical Affected Public: Individuals or Report, exhibits 4.4.2, page 70, and 4.4.7, page 74. households; private sector—businesses widely due to issues with state level 8 (152,500 marriages × 45 percent × 2) + (152,500 or other for profits. data tracking, reliance on self-reporting, × 55 percent) = 137,250 + 83,875 = 221,125 Not for profit institutions, Farms, and changes in survey formatting. The employed same-sex spouses. 221,125 employees × State, Local, or Tribal Governments. Department bases the number of same- 59.2 percent = 131,000 covered, eligible employees (rounded) 131,000 × 16.8 percent = 22,000 covered, Total estimated number of sex marriages on the 2010 American eligible, employees taking leave (rounded). In the respondents: 14,163,289 (no change). Community Survey (ACS), conducted 2008 proposed FMLA rule, the Department Total estimated number of responses: by the U.S. Census Bureau.2 The 2010 estimated that covered eligible employees take 1.5 89,320,285 (14,816 responses added by ACS showed 152,500 self-reported instances of leave per year (73 FR 7944). The this NPRM). Department uses that same estimate for this same-sex marriages, resulting in 305,000 analysis. 21,992 × 1.5 = 33,000 instances of leave Total estimated annual burden hours: individuals. The Department estimates, per year (rounded) 33,000 (rounded) × 17.6 percent 19,029,671 (2,578 hours added by this based on the 2010 ACS, that in about 45 = 5,800 instances of leave (rounded) to care for a NPRM). percent of same-sex marriages, both parent, spouse, or child. 33,000 × 1.4 percent = 460 Total estimated annual other cost instances of leave (rounded) for qualifying exigency partners are employed and, for the reasons. For purposes of this analysis, the burdens: $163,536,586 ($68,671 added purposes of this analysis, the Department assumes employees will take leave to by this NPRM). Department assumes that one spouse is care for a covered servicemember at the same rate as leave taken for a qualifying exigency. 5,800 + 460 VI. Executive Order 12866; Executive employed in the remaining 55 percent of same-sex marriages.3 + 460 = 6,720 new instances of FMLA leave Order 13563 9 PRA analysis estimates burdens imposed by the ‘‘paperwork’’ requirements, while E.O. 12866 Executive Orders 12866 and 13563 2 Lofquist, Daphne, Same-Sex Couple analysis estimates the effect the proposed direct agencies to assess all costs and Households: American Community Survey Briefs, regulations will have on the economy. Because E.O. benefits of available regulatory September 2011, p. 3. Available at: http:// 12866 and the PRA impose differing requirements, alternatives and, if regulation is www.census.gov/prod/2011pubs/acsbr10-03.pdf. and because the corresponding analyses are 3 U.S. Census Bureau, 2011 American Community intended to meet different needs, the estimated necessary, to select regulatory Survey 1-year data file. Table 2. Household number of instances of leave in the PRA analysis approaches that maximize net benefits Characteristics of Same-sex Couple Households by differs from the estimated number in the E.O. 12866 (including potential economic, Assignment Status. analysis.

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costs associated with providing required overestimates the number of new continue to assume that these costs are notices to employees, requesting instances of leave-taking as covered and fairly small. Furthermore, most certifications, reviewing employee eligible employees in same-sex employers subject to this rule change requests and medical certifications, and marriages are already entitled in most have been subject to the FMLA for some making necessary changes to employer cases to take FMLA leave to care for a time and have already developed policies. The costs related to requesting parent or child with a serious health internal systems for work redistribution and reviewing employee requests for condition. and recruitment of temporary workers. leave and certifications and of providing Because the FMLA does not require Additionally, because FMLA leave is required notices to employees are the provision of paid leave, the costs of unpaid, one cost to employers consists discussed in the Paperwork Reduction this proposal are limited to the cost of of the health insurance benefits Act section of this proposed rule. The hiring replacement workers, maintained by employers during Department expects the remaining costs maintenance of employer-provided employees’ FMLA leave. Based on the to be minimal to employers. The health insurance to the employee while Department’s recent survey on FMLA Department has determined that this on FMLA leave, compliance with the leave, Family and Medical Leave in rule will not result in an annual effect FMLA’s notice requirements, and 2012, the average length of leave taken on the economy of $100 million or regulatory familiarization. in one year by a covered, eligible more. The need to hire replacement workers employee is 27.5 days.11 Assuming that represents a possible cost to employers. most employees worked an eight-hour VII. Small Business Regulatory In some businesses, employers are able day, the average length of FMLA leave Enforcement Fairness Act; Regulatory to redistribute work among other for an employee totals 220 hours in a Flexibility employees while an employee is absent given year. The Regulatory Flexibility Act of 1980 on FMLA leave, but in other cases the Further, based on methodology used (Pub. L. 96–354) requires agencies to employer may need to hire temporary in the 2008 Final Rule, which first evaluate the potential effects of their replacement workers. This process implemented the FMLA’s military leave proposed and final rules on small involves costs resulting from provisions, the Department estimates businesses, small organizations and recruitment of temporary workers with that a covered, eligible employee will small governmental jurisdictions. See 5 needed skills, training the temporary take 200 hours of FMLA leave for U.S.C. 603–604. If the rule is not workers, and lost or reduced qualifying exigency leave under expected to have a significant economic productivity of these workers. The cost § 825.126 in a given year. Additionally, impact on a substantial number of small to compensate the temporary workers is using the same methodology, we entities, the RFA allows an agency to in most cases offset by the amount of estimate that a covered, eligible certify such, in lieu of preparing an wages not paid to the employee absent employee will take 640 hours of FMLA analysis. See 5 U.S.C. 605. on FMLA leave, when the employee’s leave for military caregiver leave in a The Department has determined that FMLA leave is unpaid, (i.e., the given year under § 825.127. 73 FR 68051 the proposed rule will not have a employee is not using accrued sick or (Nov. 17, 2008). significant economic impact on a vacation leave). To calculate the costs of providing substantial number of small entities In the initial FMLA rulemaking, the health insurance, the Department within the meaning of the RFA. Department drew upon available utilizes data from the BLS Employer Therefore, an initial regulatory research to suggest that the cost per Costs for Employee Compensation flexibility analysis is not required. The employer to adjust for workers who are survey. According to BLS’ March 2014 factual basis for this certification is set on FMLA leave is fairly small. 58 FR report, employers spend an average of 12 forth below. 31810 (Mar. 10, 1993). Subsequent $2.45 per hour on insurance. The proposed rule amending the rulemakings have not produced The Department estimates that, on an FMLA regulations’ definition of spouse evidence to the contrary; therefore, for annual basis for employees in same-sex does not substantively alter current the purpose of this discussion, we will marriages, the proposed rule will result FMLA regulatory requirements, but in: 5,800 new instances of FMLA leave actually take FMLA leave per year. Accordingly, we taken to care for an employee’s same-sex instead allows leave to be taken on the estimate that 22,000 employees are FMLA-covered, basis of an employee’s same-sex spouse, stepchild, or stepparent; 460 FMLA-eligible, and actually take leave each year. new instances for qualifying exigency marriage. The Department estimates that Further, based on the 2012 DOL survey finding that the proposed definitional revision will 1.5 is the average number of instances of leave per purposes; and 460 new instances for taker, individuals in same-sex marriages take 33,000 military caregiver purposes. result in 6,720 new instances of FMLA instances of leave. It is important to note that this 10 Accordingly, an estimated total of 6,720 leave annually. This likely figure of 33,000 instances of leave represents the estimate of all instances of FMLA leave taken by new instances of FMLA leave might be 10 Based on 2010 American Community Survey same-sex partners for any FMLA reason, including taken as a result of this proposed rule. (ACS) data, the Department estimates that there are leave which they were already eligible to take (i.e., Applying the average leave duration 305,000 individuals in a same-sex marriage. Based leave for themselves, their child, their parent, etc.) to the number of new instances of on ACS estimates, both partners are employed in in addition to leave that a covered employee in a FMLA leave taken in each category, and 45.2 percent of same-sex married households. We same-sex marriage may take for the employee’s assume that one partner is employed in the same-sex spouse, stepchild to whom they do not then multiplying by the $2.45 hourly remaining 54.8 percent of same-sex married stand in loco parentis, and stepparent. cost to employers for health insurance households. Thus, 72.6 percent of all partners in The 2012 DOL survey found that 17.6 percent of results in the following cost estimates: same-sex married households are employed. FMLA leave is used to take care of an employee’s D Estimated annual employer benefits Applying this percentage to the number of parent, child, or spouse; 1.4 percent of FMLA leave cost for FMLA leave taken for individuals in a same-sex marriage, we estimate is for qualifying exigency purposes; and 1.4 percent that 221,400 individuals in same-sex marriages are of FMLA leave is for military caregiver purposes. employed. Based on a 2012 DOL survey, 59.2 Applying these percentages to the 33,000 instances 11 2012 FMLA survey data showed that percent of employed individuals are covered by and of FMLA leave yields the following: 5,800 instances employees’ average length of leave in past twelve eligible to take FMLA leave. Thus, we estimate that of leave related to care of an employee’s parent, months was 27.5 days. Family and Medical Leave 131,100 individuals are covered by the FMLA and child, or spouse; 460 instances for qualifying in 2012: Technical Report, page 68, available at: eligible for FMLA leave. Also based on the 2012 exigency; and 460 instances for military caregiver http://www.dol.gov/asp/evaluation/fmla/FMLA- DOL survey’s findings on leave usage patterns, purposes, for a total of 6,720 new instances of 2012-Technical-Report.pdf. 16.8% of covered, eligible, married employees FMLA leave per year. 12 http://bls.gov/ro7/ro7ecec.htm.

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employee’s same-sex spouse, stepchild, employees for each working day during regulated community for this proposed or stepparent: $3,126,200 (5,800 new 20 or more calendar weeks in the regulation. The Department has instances × 220 hours 13 × $2.45) current or preceding calendar year. 29 determined that this proposed rule D Estimated annual employer benefit U.S.C. 2611(4). In addition, the FMLA contains a federal mandate that is cost for FMLA leave taken for qualifying excludes employees from eligibility for unlikely to result in expenditures of exigency leave: $225,400 (460 new FMLA leave if the total number of $141 million or more for state, local, instances × 200 hours × $2.45) employees employed by that employer and tribal governments, in the aggregate, D Estimated annual employer benefit within 75 miles of that worksite is less or the private sector in any one year. cost for FMLA leave taken for military than 50. 29 U.S.C. 2611(2)(B)(ii). IX. Executive Order 13132, Federalism caregiver leave: $721,280 (460 new Therefore, changes to the FMLA instances × 640 hours × $2.45). regulations by definition will not impact The proposed rule does not have Assuming that all covered, eligible small businesses with fewer than 50 federalism implications as outlined in employees taking FMLA leave receive employees. The Department E.O. 13132 regarding federalism. employer-provided health insurance acknowledges that some small Although States are covered employers benefits, the estimated total cost to employers that are within the SBA under the FMLA, the proposed rule employers for providing benefits is definition of small business (50–500 does not have substantial direct effects $4,072,880. employees) will still have to comply on the States, on the relationship Further, employers will incur costs with the regulation and incur costs. between the national government and related to the increase in the number of In its 2012 proposed rule, the the States, or on the distribution of required notices and responses to Department estimated there were power and responsibilities among the certain information collections under 381,000 covered firms and government various levels of government. this proposal. As explained in the agencies with 1.2 million establishments subject to the FMLA. 77 X. Executive Order 13175, Indian Paperwork Reduction Act section of this Tribal Governments preamble, the Department has estimated FR 8989 (Feb. 15, 2012). Applying the the aggregate paperwork burden cost SBA size definitions for small entities, This proposed rule was reviewed associated with compliance with this the Department estimated that 83 under the terms of E.O. 13175 and regulatory change to be $68,671 per percent, or 314,751 firms, are small determined not to have ‘‘tribal entities subject to the FMLA. 77 FR year. implications.’’ The proposed rule does Lastly, in response to the proposed 9004. Dividing the total cost of this not have ‘‘substantial direct effects on proposed rule by the DOL estimate for rule, each employer will need to review one or more Indian tribes, on the the number of affected small firms the definitional change and determine relationship between the federal results in a cost per small firm of what revisions are necessary to their government and Indian tribes, or on the $36.23. This is not deemed a significant policies, and update their handbooks or distribution of power and cost. In addition, if the Department other leave-related materials to responsibilities between the federal assumed that the total estimated cost of incorporate any needed changes. This is government and Indian tribes.’’ As a this proposed rule applies to all small a one-time cost to each employer, result, no tribal summary impact entities, as defined by the SBA, the calculated as 30 minutes at the loaded statement has been prepared. economic impact would only be $29.93 hourly wage of a Human Resources per small entity [$11,403,411 (total cost) XI. Effects on Families Specialist. The median hourly wage of divided by 381,000 (FMLA-covered The undersigned hereby certifies that a Human Resources Specialist is $27.23 small entities)]. This amount is not this proposed rule will not adversely plus 40 percent in fringe benefits. See deemed significant. affect the well-being of families, as BLS Occupational Employment The Department certifies to the Chief discussed under section 654 of the Statistics, Occupational Employment Counsel for Advocacy that the proposed Treasury and General Government and Wages, May 2013 (http:// rule will not have a significant Appropriations Act, 1999. www.bls.gov/oes/current/ economic impact on a substantial XII. Executive Order 13045, Protection oes131071.htm). The Department number of small entities. estimates total annual respondent costs of Children for the value of their time to be VIII. Unfunded Mandates Reform Act E.O. 13045 applies to any rule that (1) × × $7,261,860 ($38.12 0.5 hour 381,000 Title II of the Unfunded Mandates is determined to be ‘‘economically covered firms and government agencies Reform Act of 1995 (UMRA), Public significant’’ as defined in E.O. 12866, with 1.2 million establishments subject Law 104–4, establishes requirements for and (2) concerns an environmental to the FMLA). federal agencies to assess the effects of health or safety risk that the Therefore, the Department estimates their regulatory actions on state, local, promulgating agency has reason to the total cost of this proposed regulatory and tribal governments as well as on the believe may have a disproportionate change to be $11,403,411 ($4,072,880 in private sector. Under Section 202(a) of effect on children. This proposal is not employer provided health benefits + UMRA, the Department must generally subject to E.O. 13045 because it is not $68,671 in paperwork burden cost + prepare a written statement, including a economically significant as defined in $7,261,860 in regulatory familiarization cost-benefit analysis, for proposed and Executive Order 12866 and, although costs). final regulations that ‘‘includes any the rule addresses family and medical The Department believes this to be an Federal mandate that may result in the leave provisions of the FMLA, it does overestimate. The FMLA applies to expenditure by State, local, and tribal not concern environmental health or public agencies and to private sector governments, in the aggregate or by the safety risks that may disproportionately employers that employ 50 or more private sector’’ in excess of $100 million affect children. in any one year ($141 million in 2012 13 Note that 220 hours (27.5 days) is likely an dollars, using the Gross Domestic XIII. Environmental Impact Assessment overestimate, since some of these hours would be A review of this proposal in for FMLA leave that the employee was already Product deflator). eligible to take (e.g., leave for employee’s parent, State, local, and tribal government accordance with the requirements of the spouse, or child). entities are within the scope of the National Environmental Policy Act of

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1969 (NEPA), 42 U.S.C. 4321 et seq.; the of this definition, husband or wife refers has taken individually and 12 weeks for regulations of the Council on to the other person with whom an FMLA leave for other purposes. * * * Environmental Quality, 40 CFR part individual entered into marriage as Note, too, that many State pregnancy 1500 et seq.; and the Departmental defined or recognized under State law disability laws specify a period of NEPA procedures, 29 CFR part 11, for purposes of marriage in the State in disability either before or after the birth indicates that the proposed rule will not which the marriage was entered into or, of a child; such periods would also be have a significant impact on the quality in the case of a marriage entered into considered FMLA leave for a serious of the human environment. There is, outside of any State, if the marriage is health condition of the birth mother, thus, no corresponding environmental valid in the place where entered into and would not be subject to the assessment or an environmental impact and could have been entered into in at combined limit. statement. least one State. This definition includes (4) The expectant mother is entitled to an individual in a same-sex or common FMLA leave for incapacity due to XIV. Executive Order 13211, Energy law marriage that either (1) was entered pregnancy, for prenatal care, or for her Supply into in a State that recognizes such own serious health condition following This proposed rule is not subject to marriages or, (2) if entered into outside the birth of the child. * * * The E.O. 13211. It will not have a significant of any State, is valid in the place where expectant mother is entitled to leave for adverse effect on the supply, entered into and could have been incapacity due to pregnancy even distribution or use of energy. entered into in at least one State. though she does not receive treatment from a health care provider during the XV. Executive Order 12630, * * * * * ■ absence, and even if the absence does Constitutionally Protected Property 3. Amend § 825.120 by: ■ not last for more than three consecutive Rights a. Revising paragraph (a)(1); ■ b. Revising the first and fifth calendar days. * * * This proposal is not subject to E.O. sentences of paragraph (a)(2); (5) A spouse is entitled to FMLA leave 12630, because it does not involve ■ c. Revising the first, second, and fifth if needed to care for a pregnant spouse implementation of a policy ‘‘that has sentences of paragraph (a)(3); who is incapacitated or if needed to care takings implications’’ or that could ■ d. Revising the first and fourth for her during her prenatal care, or if impose limitations on private property sentences of paragraph (a)(4); needed to care for her following the use. ■ e. Revising the first sentence of birth of a child if she has a serious paragraph (a)(5); XVI. Executive Order 12988, Civil health condition. * * * ■ f. Revising paragraph (a)(6); and (6) Both parents are entitled to FMLA Justice Reform Analysis ■ g. Revising the sixth sentence of leave if needed to care for a child with This proposed rule was drafted and paragraph (b). a serious health condition if the reviewed in accordance with E.O. 12988 The revisions to read as follows: requirements of §§ 825.113 through and will not unduly burden the federal § 825.120 Leave for pregnancy or birth. 825.115 and 825.122(d) are met. Thus, court system. The proposed rule was: (1) spouses may each take 12 weeks of Reviewed to eliminate drafting errors (a) * * * FMLA leave if needed to care for their (1) Both parents are entitled to FMLA and ambiguities; (2) written to minimize newborn child with a serious health litigation; and (3) written to provide a leave for the birth of their child. (2) Both parents are entitled to FMLA condition, even if both are employed by clear legal standard for affected conduct the same employer, provided they have and to promote burden reduction. leave to be with the healthy newborn child (i.e., bonding time) during the 12- not exhausted their entitlements during List of Subjects in 29 CFR Part 825 month period beginning on the date of the applicable 12-month FMLA leave birth. * * * Under this section, both period. Employee benefit plans, Health, (b) * * * The employer’s agreement parents are entitled to FMLA leave even Health insurance, Labor management is not required for intermittent leave if the newborn does not have a serious relations, Maternal and child health, required by the serious health condition Teachers. health condition. (3) Spouses who are eligible for FMLA of the expectant mother or newborn Signed at Washington, DC, this 19th day of leave and are employed by the same child. * * * ■ 4. Amend § 825.121 by: June 2014. covered employer may be limited to a ■ a. Revising the first, second, and fifth David Weil, combined total of 12 weeks of leave Administrator, Wage and Hour Division. sentences of paragraph (a)(3); and during any 12-month period if the leave ■ b. Revising the second sentence of For the reasons set forth in the is taken for birth of the employee’s son paragraph (a)(4). preamble, the Department proposes to or daughter or to care for the child after The revisions to read as follows: amend Title 29, Part 825 of the Code of birth, for placement of a son or daughter Federal Regulations as follows: with the employee for adoption or foster § 825.121 Leave for adoption or foster care or to care for the child after care. PART 825—THE FAMILY AND placement, or to care for the employee’s * * * * * MEDICAL LEAVE ACT OF 1993 parent with a serious health condition. (3) Spouses who are eligible for FMLA This limitation on the total weeks of leave and are employed by the same ■ 1. The authority citation for part 825 leave applies to leave taken for the covered employer may be limited to a continues to read as follows: reasons specified as long as the spouses combined total of 12 weeks of leave Authority: 29 U.S.C. 2654. are employed by the same employer. during any 12-month period if the leave ■ 2. In § 825.102 revise the definition of * * * Where spouses both use a portion is taken for the placement of the ‘‘spouse’’ to read as follows: of the total 12-week FMLA leave employee’s son or daughter or to care entitlement for either the birth of a for the child after placement, for the § 825.102 Definitions. child, for placement for adoption or birth of the employee’s son or daughter * * * * * foster care, or to care for a parent, the or to care for the child after birth, or to Spouse, as defined in the statute, spouses would each be entitled to the care for the employee’s parent with a means a husband or wife. For purposes difference between the amount he or she serious health condition. This limitation

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on the total weeks of leave applies to valid in the place where entered into (b) Same employer limitation. leave taken for the reasons specified as and could have been entered into in at Spouses who are eligible for FMLA long as the spouses are employed by the least one State. This definition includes leave and are employed by the same same employer. * * * Where spouses an individual in a same-sex or common covered employer may be limited to a both use a portion of the total 12-week law marriage that either (1) was entered combined total of 12 weeks of leave FMLA leave entitlement for either the into in a State that recognizes such during any 12-month period if the leave birth of a child, for placement for marriages or, (2) if entered into outside is taken to care for the employee’s adoption or foster care, or to care for a of any State, is valid in the place where parent with a serious health condition, parent, the spouses would each be entered into and could have been for the birth of the employee’s son or entitled to the difference between the entered into in at least one State. daughter or to care for the child after the amount he or she has taken individually * * * * * birth, or for placement of a son or and 12 weeks for FMLA leave for other ■ 6. Amend § 825.127 by revising the daughter with the employee for purposes. * * * first and second sentences of paragraph adoption or foster care or to care for the (4) * * * Thus, spouses may each (f) to read as follows: child after placement. This limitation on take 12 weeks of FMLA leave if needed the total weeks of leave applies to leave to care for an adopted or foster child § 825.127 Leave to care for a covered taken for the reasons specified as long with a serious health condition, even if servicemember with a serious injury or as the spouses are employed by the illness (military caregiver leave). both are employed by the same same employer. * * * Where the employer, provided they have not * * * * * spouses both use a portion of the total exhausted their entitlements during the (f) Spouses who are eligible for FMLA 12-week FMLA leave entitlement for applicable 12-month FMLA leave leave and are employed by the same either the birth of a child, for placement period. covered employer may be limited to a for adoption or foster care, or to care for combined total of 26 workweeks of a parent, the spouses would each be * * * * * leave during the single 12-month period ■ entitled to the difference between the 5. Revise § 825.122(b) to read as described in paragraph (e) of this follows: amount he or she has taken individually section if the leave is taken for birth of and 12 weeks for FMLA leave for other § 825.122 Definitions of covered the employee’s son or daughter or to purposes. * * * care for the child after birth, for servicemember, spouse, parent, son or ■ daughter, next of kin of a covered placement of a son or daughter with the 8. Amend § 825.202 by revising the servicemember, adoption, foster care, son employee for adoption or foster care, or third sentence of paragraph (c) to read or daughter on covered active duty or call to care for the child after placement, to as follows: to covered active duty status, son or care for the employee’s parent with a § 825.202 Intermittent leave or reduced daughter of a covered servicemember, and serious health condition, or to care for parent of a covered servicemember. leave schedule. a covered servicemember with a serious * * * * * * * * * * injury or illness. This limitation on the (c) * * * The employer’s agreement is (b) Spouse, as defined in the statute, total weeks of leave applies to leave not required, however, for leave during means a husband or wife. For purposes taken for the reasons specified as long which the expectant mother has a of this definition, husband or wife refers as the spouses are employed by the serious health condition in connection to the other person with whom an same employer. * * * individual entered into marriage as ■ 7. Amend § 825.201 by revising the with the birth of her child or if the defined or recognized under State law first, second, and fifth sentences of newborn child has a serious health for purposes of marriage in the State in paragraph (b) to read as follows: condition. * * * which the marriage was entered into or, * * * * * in the case of a marriage entered into § 825.201 Leave to care for a parent. [FR Doc. 2014–14762 Filed 6–26–14; 8:45 am] outside of any State, if the marriage is * * * * * BILLING CODE 4510–27–P

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Notices Federal Register Vol. 79, No. 124

Friday, June 27, 2014

This section of the FEDERAL REGISTER potential persons who are to respond to biomass owners, biomass conversion contains documents other than rules or the collection of information that such facilities, and producers meeting the proposed rules that are applicable to the persons are not required to respond to requirements for matching payments, public. Notices of hearings and investigations, the collection of information unless it annual production payment assistance, committee meetings, agency decisions and displays a currently valid OMB control establishment payments and BCAP rulings, delegations of authority, filing of petitions and applications and agency number. project area designation is necessary in statements of organization and functions are Farm Service Agency order to ensure the financial examples of documents appearing in this accountability needed to operate and section. Title: Emergency Conservation administer the BCAP. Without the Program and Biomass Crop Assistance information, FSA will not be able to Program. make eligibility determinations and DEPARTMENT OF AGRICULTURE OMB Control Number: 0560–0082. compute payments in a timely manner. Summary of Collection: The Farm Description of Respondents: Farms; Submission for OMB Review; Service Agency (FSA), in cooperation business or other for profit. Comment Request with the Natural Resources Number of Respondents: 70,000. Conservation Service, the Forest Frequency of Responses: Reporting: June 23, 2014. Service, and other agencies and The Department of Agriculture has Annually. organizations, provides eligible Total Burden Hours: 82,764. submitted the following information producers and landowners cost-share collection requirement(s) to OMB for incentives and technical assistance Ruth Brown, review and clearance under the through several conservation and Departmental Information Collection Paperwork Reduction Act of 1995, environmental programs to help Clearance Officer. Public Law 104–13. Comments farmers, ranchers, and other eligible [FR Doc. 2014–15046 Filed 6–26–14; 8:45 am] regarding (a) whether the collection of landowners and operators conserve soil, BILLING CODE 3410–05–P information is necessary for the proper improve water quality, develop forests, performance of the functions of the and rehabilitate farmland severely agency, including whether the damaged by natural disasters. The DEPARTMENT OF AGRICULTURE information will have practical utility; authorities to collect information for (b) the accuracy of the agency’s estimate this collection are found under the Submission for OMB Review; of burden including the validity of the Agricultural Credit Act of 1978 (16 Comment Request methodology and assumptions used; (c) U.S.C. 2201–2205), which provides June 23, 2014. ways to enhance the quality, utility and emergency funds for sharing with clarity of the information to be agricultural producers the cost of The Department of Agriculture has collected; (d) ways to minimize the rehabilitating farmland damaged by submitted the following information burden of the collection of information natural disaster, and for carrying out collection requirement(s) to OMB for on those who are to respond, including emergency water conservation measures review and clearance under the through the use of appropriate during periods of severe drought. FSA is Paperwork Reduction Act of 1995, automated, electronic, mechanical, or also managing the Biomass Crop Public Law 104–13. Comments other technological collection Assistance Program (BCAP) authorized regarding (a) whether the collection of techniques or other forms of information by Section 9001 of the 2008 Farm Bill information is necessary for the proper technology. (Pub. L. 110–246) which amends Title performance of the functions of the Comments regarding this information IX of the Farm Security and Rural agency, including whether the collection received by July 28, 2014 will Investment of 2002 and adds section information will have practical utility; be considered. Written comments 9011 for BCAP. BCAP regulations (b) the accuracy of the agency’s estimate should be addressed to: Desk Officer for outlined the legislations parameters, of burden including the validity of the Agriculture, Office of Information and program definitions and process for: (1) methodology and assumptions used; (c) Regulatory Affairs, Office of Establishing BCAP project areas; (2) ways to enhance the quality, utility and Management and Budget (OMB), New Matching payment opportunity for clarity of the information to be Executive Office Building, 725 17th eligible material owners and qualifying collected; (d) ways to minimize the Street NW., Washington, DC 20502. biomass conversion facilities; (3) burden of the collection of information Commenters are encouraged to submit Contracting acreage for producers in on those who are to respond, including their comments to OMB via email to: BCAP project areas; and (4) through the use of appropriate [email protected] or Establishment and annual production automated, electronic, mechanical, or fax (202) 395–5806 and to Departmental payments for producers in BCAP other technological collection Clearance Office, USDA, OCIO, Mail projects areas. techniques or other forms of information Stop 7602, Washington, DC 20250– Need and Use of the Information: FSA technology should be addressed to: Desk 7602. Copies of the submission(s) may will collect information using several Officer for Agriculture, Office of be obtained by calling (202) 720–8958. forms. The collected information will be Information and Regulatory Affairs, An agency may not conduct or used to determine if the person, land, Office of Management and Budget sponsor a collection of information and practices are eligible for (OMB), [email protected] unless the collection of information participation in the respective program or fax (202) 395–5806 and to displays a currently valid OMB control and to receive cost-share assistance. Departmental Clearance Office, USDA, number and the agency informs Information collection from eligible OCIO, Mail Stop 7602, Washington, DC

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20250–7602. Comments regarding these Total Burden Hours: 2,240. SUPPLEMENTARY INFORMATION: information collections are best assured Additional RAC information, including Ruth Brown, of having their full effect if received the meeting agenda and the meeting within 30 days of this notification. Departmental Information Collection summary/minutes can be found at the Clearance Officer. Copies of the submission(s) may be following Web site: http://fs.usda.gov/ obtained by calling (202) 720–8958. [FR Doc. 2014–15050 Filed 6–26–14; 8:45 am] cherokee. The agenda will include time BILLING CODE 3410–30–P An agency may not conduct or for people to make oral statements of sponsor a collection of information three minutes or less. Individuals unless the collection of information DEPARTMENT OF AGRICULTURE wishing to make an oral statement displays a currently valid OMB control should request in writing by August 4, number and the agency informs Forest Service 2014 to be scheduled on the agenda. potential persons who are to respond to Anyone who would like to bring related the collection of information that such Cherokee Resource Advisory matters to the attention of the committee persons are not required to respond to Committee may file written statements with the committee staff before or after the the collection of information unless it AGENCY: Forest Service, USDA. displays a currently valid OMB control meeting. Written comments and ACTION: Notice of meeting. number. requests for time for oral comments must be sent to Terry McDonald, RAC Food and Nutrition Service SUMMARY: The Cherokee Resource Advisory Committee (RAC) will meet in Coordinator, Cherokee NF Supervisor’s Title: Child Nutrition Database. Alcoa, Tennessee. The committee is Office, 2800 Ocoee Street North, OMB Control Number: 0584–0494. authorized under the Secure Rural Cleveland, Tennessee 37312; by email to Schools and Community Self- [email protected], or via facsimile Summary of Collection: The Child to 423–476–9754. Nutrition (CN) Database is a necessary Determination Act (Pub. L. 112–141) (the Act) and operates in compliance Meeting Accommodations: If you are component in implementation of a person requiring reasonable USDA’s Food and Nutrition Service with the Federal Advisory Committee Act. The purpose of the committee is to accommodation, please make requests (FNS) National School Lunch Program in advance for sign language (NSLP) and School Breakfast (SBP): The improve collaborative relationships and to provide advice and recommendations interpreting, assistive listening devices regulations (7 CFR 210.10) require state or other reasonable accommodation for agencies to conduct a nutrient analysis to the Forest Service concerning projects and funding consistent with Title II of access to the facility or proceedings by of school lunches and breakfast as part contacting the person listed in the of administrative review to monitor the Act. The meeting is open to the public. The purpose of the meeting is to section titled FOR FURTHER INFORMATION compliance with the specifications for CONTACT. All reasonable certain nutrients. The CN Database review and recommend projects authorized under Title II of the Act. accommodation requests are managed provides the SFAs with the necessary on a case by case basis. nutrient information for this purpose. DATES: The meeting will be held at 1:00 p.m. on August 12, 2014. Dated: June 11, 2014. Need and Use of the Information: FNS All RAC meetings are subject to D. JaSal Morris, will collect information on (1) USDA cancellation. For status of meetings commodities; (2) USDA Nutrient Forest Supervisor. prior to attendance, please contact the [FR Doc. 2014–15109 Filed 6–26–14; 8:45 am] Database for Standard Reference food person listed under FOR FURTHER BILLING CODE 3411–15–P items which are used in the SBP and INFORMATION CONTACT. NSLP; (3) quantity recipes for school ADDRESSES: The meeting will be held at food service developed by USDA; and McGehee Tyson Airport—Airfield (4) brand name commercially processed DEPARTMENT OF AGRICULTURE Maintenance Operations Center, 2950 foods. State agencies ability to conduct Airfield Service Drive, Alcoa, Rural Housing Service a weighted nutrient analysis of the Tennessee. reimbursable meals for administrative Written comments may be submitted Rural Business—Cooperative Service review is dependent upon availability of as described under SUPPLEMENTARY CN database. The information gathered INFORMATION. All comments, including Rural Utilities Service for the CN Database is required to be names and addresses when provided, used in software programs approved by are placed in the record and are Notice of Request for Revision of a USDA for use in meeting the nutrient available for public inspection and Currently Approved Information standards and nutrition goals of the copying. The public may inspect Collection Child Nutrition Programs. Both the State comments received at the Cheroke AGENCY: Rural Housing Service, agencies and program operators use the National Forest Supervisor’s Office. information for auditing and menu Business-Cooperative Service, and Rural Please call ahead to facilitate entry into Utilities Service, USDA. planning purposes. If the information is the building. not collected or updated regularly for ACTION: Proposed collection; comments FOR FURTHER INFORMATION CONTACT: the CN Database, the nutrient data will requested. become less useful to program Terry McDoanld, RAC Coordinator, by SUMMARY: In accordance with the operators, causing them to rely on their phone at 423–476–9729 or via email at Paperwork Reduction Act of 1995, this vendor for required nutritional [email protected]. Individuals who use notice announces Rural Development’s information. telecommunication devices for the deaf intention to request a revision for a Description of Respondents: Business (TDD) may call the Federal Information currently approved information or other for-profit. Relay Service (FIRS) at 1–800–877–8339 collection in support of loan programs Number of Respondents: 32. between 8:00 a.m. and 8:00 p.m., administered by the Rural Housing Frequency of Responses: Report: Eastern Standard Time, Monday Service, Business—Cooperative Service, Other (as needed). through Friday. and Rural Utilities Service.

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DATES: Comments on this notice must be Comments are invited on: (1) The Representative. Please refer to the received by August 26, 2014 to be need for the information including Federal Register notice published assured of consideration. whether the information has practical February 18, 1997, at 62 FR 7205, for FOR FURTHER INFORMATION CONTACT: John utility; (2) the accuracy of the reporting additional information on RUS Buy McKnight, Staff Accountant, Office of burden estimate; (3) ways to enhance American requirements. the Deputy Chief Financial Officer, the quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: For Internal Control and Initiatives Branch, information to be collected; and (4) Electric Program matters: Jon Claffey, U.S. Department of Agriculture, STOP ways to minimize the burden of the Director, Electric Staff Division, RUS, 33, 4300 Goodfellow Blvd., Bldg. 104, information collection on respondents. U.S. Department of Agriculture, STOP St. Louis, MO 63120, Telephone: (314) Comments should be submitted to 457–4299. Jeanne Jacobs, Regulations and 1569, 1400 Independence Ave. SW., Washington, DC 20250–1569. SUPPLEMENTARY INFORMATION: Paperwork Management Branch, Title: Form RD 1951–65, Customer Support Services Division, Rural Telephone number (202) 720–1900, fax Initiated Payments (CIP) Enrollment Development, U.S. Department of (202) 720–7491. Form; Form RD 1951–66, FedWire Agriculture, STOP 0742, 1400 For Telecommunications Program Worksheet, and Form RD 3550–28, Independence Avenue SW., matters: Norberto Esteves, Acting Authorization Agreement for Washington, DC 20250–0742. All Director, Advanced Services Division, Preauthorized Payments. responses to this notice will be RUS, U.S. Department of Agriculture, OMB Number: 0575–0184. summarized, included in the request for STOP 1550, 1400 Independence Ave. Expiration Date of Approval: July 31, Office of Management and Budget SW., Washington, DC 20250–1598. 2014. (OMB) approval, and will become a Telephone number (202) 720–8663, fax Type of Request: Revision of a matter of public record. (202) 720–4099. currently approved information Dated: June 20, 2014. SUPPLEMENTARY INFORMATION: For collection. David Lipsetz, Abstract: Rural Development uses Telecommunications Program Acting Administrator, Rural Housing Service. electronic methods (Customer Initiated borrowers, eligible countries are: Payments [CIP], FedWire, and [FR Doc. 2014–15125 Filed 6–26–14; 8:45 am] Canada, Chinese Taipei, European Preauthorized Debits [PAD]) for BILLING CODE 3410–XV–P Union, Hong Kong, Iceland, Israel, receiving and processing loan payments Japan, Liechtenstein, Mexico, Norway, and collections. These electronic and Singapore. For Electric Program DEPARTMENT OF AGRICULTURE collection methods provide a means for borrowers, eligible countries are: Rural Development borrowers to Rural Utilities Service Armenia, Aruba, Australia, Austria, transmit loan payments from their Bahrain, Belgium, Bulgaria, Canada, financial institution (FI) accounts to Notice Chile, Chinese Taipei, Columbia, Costa Rural Development’s Treasury Account Rica, Cyprus, Czech Republic, Denmark, AGENCY: Rural Utilities Service (RUS); and receive credit for their payments. Dominican Republic, El Salvador, United States Department of To administer these electronic loan Estonia, Finland, France, Germany, Agriculture. collection methods, Rural Development Greece, Guatemala, Honduras, Hong ACTION: Notice. collects the borrower’s FI routing Kong, Hungary, Iceland, Ireland, Israel, information (routing information SUMMARY: RUS published a notice in the Italy, Japan, Latvia, Liechtenstein, includes the FI routing number and the Federal Register on February 18, 1997, Lithuania, Luxembourg, Malta, Mexico, borrower’s account number). Rural at 62 FR 7205 that the Uruguay Round Morocco, Netherlands, Nicaragua, Development uses Agency approved Agreements Act, (108 Stat. 4954, Pub. L. Norway, Oman, Panama, Peru, Poland, forms for collecting bank routing 103–465, December 8, 1994), amended Portugal, Romania, Singapore, Slovak information for CIP, FedWire, and PAD. the ‘‘Buy American’’ provision, (7 Republic, Slovenia, South Korea, Spain, Estimate of Burden: Public reporting U.S.C. 903 note) of the Rural Sweden, Switzerland, and United burden for this collection of information Electrification Act of 1936, as amended Kingdom. is estimated to average .33 hours per (7 U.S.C. 901 et seq.) (the ‘‘RE Act’’). response. Each Rural Development For Electric and Telecommunications Under the amendment, the United borrower who elects to participate in Programs borrowers: Eligibility of States Trade Representative (USTR) is electronic loan payments will only contracts with certain countries may be authorized to determine which prepare one response for the life of their limited by contract amount or other countries (‘‘eligible countries’’) are loan unless they change financial restrictions. Contact RUS for additional eligible to have their products receive institutions or accounts. information. Respondents: Business or other for- the same treatment as manufactured and unmanufactured products produced in The USTR may at any time declare profit; Not-for-profit institutions; and one or more additional countries to be State, Local, or Tribal Government. the United States. This notice revises the list of eligible countries for ‘‘eligible countries’’ for either Electric or Estimated Number of Respondents: Telecommunications borrowers. 6,723. purchases made by telecommunications Estimated Number of Responses per borrowers by adding new countries to Each RUS borrower is responsible for Respondent: 1. the list to reflect the March 17, 2014, assuring that its procurement complies Estimated Number of Responses: Federal Register Notice (FRN), with the requirements of the RE Act 6,723. ‘‘Agreement on Government ‘‘Buy American’’ provision. Estimated Total Annual Burden on Procurement: Effective Date of Dated: May 16, 2014. Respondents: 3,259 hours. Amendments, and the April 18, 2014 Copies of this information collection FRN, ‘‘Agreement on Government John Padalino, can be obtained from Jeanne Jacobs, Procurement: Effective Date of Administrator, Rural Utilities. Regulations and Paperwork Amendments for Japan’’, published by [FR Doc. 2014–15138 Filed 6–26–14; 8:45 am] Management Branch, at (202) 692–0040. the Office of the United States Trade BILLING CODE P

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BROADCASTING BOARD OF Form Number(s): NA. ACTION: Notice of Proposed Amendment GOVERNORS Type of Request: Regular submission to Privacy Act System of Records: (request for a new information ‘‘COMMERCE/DEPT–1, Attendance, Notice of Public Availability of the collection). Leave, and Payroll Records of Broadcasting Board of Governors FY– Number of Respondents: 500. Employees and Certain Other Persons’’. 2012 Service Contract Analysis and Average Hours Per Response: FY–2013 Service Contract Inventory Interview scheduling, 10 minutes; SUMMARY: In accordance with the interview, 15 minutes. Privacy Act of 1974, as amended, 5 AGENCY: The Broadcasting Board of Burden Hours: 208. U.S.C. 552a(e)(4) and (11), the Governors. Needs and Uses: This request is for a Department of Commerce proposes to ACTION: Notice. new information collection. amend the system of records entitled The purpose of this information SUMMARY: In accordance with Section ‘‘COMMERCE/DEPT–1, Attendance, collection is to gather historical and Leave, and Payroll Records of 743 of Division C of the Consolidated current population and biological Appropriations Act of 2010 (Pub. L. Employees and Certain Other Persons,’’ information from commercial and to include data fields collected by the 111–117), the Broadcasting Board of recreational harvesters of the two Governors (BBG) is publishing this Defense Manpower Data Center and species of river herring; alewife (Alosa previously omitted in this System of notice to instruct the public of the pseudoharengus) and blueback (A. availability of its FY–2012 Service Records Notice; to include a new aestivalis). Given that commercial and routine use, for the issuance of Common Contract Analysis and FY 2013 Service recreational fishermen have a unique Contract Inventory. They are available Access Cards (CAC) identification cards and important understanding of the long to eligible National Oceanic and on the BBG Internet site at http:// term status of the species for which they www.bbg.gov/about-the-agency/ Atmospheric (NOAA) Commissioned are fishing, NOAA intends to contact Corps, NOAA civilian employees and research-reports/other/bbg-service- both current and retired recreational contract-inventory/. The service contract NOAA contractors, to support and commercial harvesters of river compliance with HSPD–12, PIV–II inventory provides information on herring from Maine to North Carolina, to service contract actions over $25,000 requirements under Federal Information inquire about recent and long-term Processing Standard 201 (FIPS 201); to made in FY–2013. The information is observations of changes in run-timing, organized by function to show how update notification procedures; and abundance, distribution, individual size other administrative updates. We invite contracted resources are distributed and species composition. Results will be throughout the Agency. The inventory public comment on the amended system used to assist NOAA in identifying announced in this publication. has been developed in accordance with observational trends among river guidance on service contract inventories herring populations throughout their DATES: To be considered, written issued on November 5, 2010 and on range so as to make more informed comments must be submitted on or December 19, 2011 by the Office of decisions with respect to their before July 28, 2014. Unless comments Management and Budget, Office of management. are received, the new system of records Federal Procurement Policy (OFPP). Affected Public: Business or other for- will become effective as proposed on FOR FURTHER INFORMATION CONTACT: profit organizations; individuals or the date of publication of a subsequent James McGuirk, Chief, IBB Office of households. notice in the Federal Register. Contracts Policy and Procedures Branch Frequency: One time. FOR FURTHER INFORMATION CONTACT: via email at [email protected] or at Respondent’s Obligation: Voluntary. Dana Shields, National Oceanic and telephone number (202) 382–7840. This information collection request Atmospheric Administration, 301–713– Dated: June 25, 2014. may be viewed at reginfo.gov. Follow 0850, extension 193. the instructions to review Department of Chris Luer, Commerce collections currently under ADDRESSES: Comments may be mailed to Chief, IBB Office of Administration. review by OMB. Dana Shields, National Oceanic and [FR Doc. 2014–15161 Filed 6–26–14; 8:45 am] Written comments and Atmospheric Administration, Room BILLING CODE 8610–01–P recommendations for the proposed 5309, 1305 East-West Hwy., Silver information collection should be sent Spring, MD 20910. within 30 days of publication of this SUPPLEMENTARY INFORMATION: The DEPARTMENT OF COMMERCE notice to OIRA_Submission@ purpose of this amendment is to add omb.eop.gov or faxed to (202) 395–5806. citizenship country code and U.S. Submission for OMB Review; citizenship status code. This Comment Request Dated: June 23, 2014. Gwellnar Banks, amendment will complete all data fields collected by the Defense Manpower The Department of Commerce will Management Analyst, Office of the Chief submit to the Office of Management and Information Officer. Data Center and previously omitted in Budget (OMB) for clearance the this System of Records Notice; to [FR Doc. 2014–15038 Filed 6–26–14; 8:45 am] include a new routine use for the following proposal for collection of BILLING CODE 3510–22–P information under the provisions of the issuance of Common Access Cards Paperwork Reduction Act (44 U.S.C. (CAC) identification cards to eligible Chapter 35). DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Agency: National Oceanic and (NOAA) Commissioned Corps, NOAA Atmospheric Administration (NOAA). Office of the Secretary civilian employees and NOAA Title: Gathering Observational Data on contractors, to support compliance with Historical and Current Biological Trends [Docket No. 140605479–4479–01] HSPD–12, PIV–II requirements under among Populations of Alewife (Alosa Privacy Act of 1974: System of Federal Information Processing pseudoharengus) and Blueback Herring Records Standard 201 (FIPS 201); to update (A. aestivalis). notification procedures; and other OMB Control Number: 0648–xxxx. AGENCY: Department of Commerce. administrative updates.

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COMMERCE/DEPT–1 mailing address, co-owner and/or sources of income, and for other child beneficiary of bonds, marital status and support enforcement actions as required SYSTEM NAME: number of dependents; and Notification by the Personal Responsibility and COMMERCE/DEPT–1, Attendance, of Personnel Action. The individual Work Opportunity Reconciliation Act Leave, and Payroll Records of records listed herein are included only (PRWORA; Pub.–193). Employees and Certain Other Persons. as pertinent or applicable to the 4. Disclosure to consumer reporting SECURITY CLASSIFICATION: individual employee. agencies: Disclosures to 5 U.S.C. None. 552a(b)(12): Disclosures may be made AUTHORITY FOR MAINTENANCE OF THE SYSTEM: from this system to consumer reporting SYSTEM LOCATION: Title 5 U.S.C., Title 31 U.S.C. 66a, agencies as defined in the Fair Credit a. For employees of Office of the 492, Title 44 U.S.D. 3101, 3309. Reporting Act (15 U.S.C. 1681a(f), and Secretary, Bureau of Economic Analysis, the Federal Claims Collection Act of PURPOSE(S): Bureau of Industry and Security, Bureau 1966 (31 U.S.C. 3701(a)(3)). of the Census, Economic Development The purpose of this system is to allow 5. A record in this system of records Administration, Economics and for access to attendance, leave and may be disclosed, as a routine use, to Statistics Administration, International payroll records. appropriate agencies, entities, and persons when (1) it is suspected or Trade Administration, Minority ROUTINE USES OF RECORDS MAINTAINED IN THE determined that the security or Business Development Agency, National SYSTEM, INCLUDING CATEGORIES OF USERS AND Institute of Standards and Technology, THE PURPOSES OF SUCH USES: confidentiality of information in the system of records has been National Oceanic and Atmospheric 1. Transmittal of data of U.S. compromised; (2) the Department has Administration, National Department of Agriculture, and Telecommunications and Information determined that as a result of the Treasury, and employee designated suspected or confirmed compromise Administration, National Technical financial institutions to effect issuance Information Service, Office of the there is a risk of harm to economic or of paycheck to employees and property interests, identify theft or Inspector General, Patent and distributions of pay according to Trademark Office: National Finance fraud, or harm to the security or employee directions for savings bonds, integrity of this system or other systems Center, U.S. Department of Agriculture, allotments, alimony, child support, and P.O. Box 60000, New Orleans, Louisiana or programs (whether maintained by the other authorized purposes. Department or another agency or entity) 70160–0001. 2. Reporting: Tax withholding to b. For Census Field Representative that rely upon the compromised Internal Revenue Service and information; and (3) the disclosure employees: Field Administrative Payroll appropriate State and local taxing System, Bureau of the Census, 4600 made to such agencies, entities, and authorities; FICA deductions to the persons is reasonably necessary to assist Silver Hill Road, Suitland, Maryland Social Security Administration; dues 20746. in connection with the Department’s deductions to labor unions; withholding efforts to respond to the suspected or CATEGORIES OF INDIVIDUALS COVERED BY THE for health and life insurance to the confirmed compromise and to prevent, SYSTEM: insurance carriers and the U.S. Office of minimize, or remedy such harm. All Commerce Department employees Personnel Management; charity 6. In the event that a system of records and certain other persons as categorized contribution deductions to the agents of maintained by the Department to carry by organizational component above. charitable institutions; annual W–2 out its functions indicates a violation or statements to taxing authorities and the potential violation of law or contract, CATEGORIES OF RECORDS IN THE SYSTEM: individuals; wage, employment, and whether civil, criminal or regulatory in Name, date of birth, social security separation information to state nature, and whether arising by general number and employee number, unemployment compensation agencies, statute or particular program statute or citizenship country code, U.S. to the U.S. Department of Labor to contract, or rule, regulation, or order citizenship status code, service determine eligibility for unemployment issued pursuant thereto, or the necessity computation date, grade, step, and compensation, and to housing to protect an interest of the Department, salary; organization (code), retirement or authorities for low-cost housing the relevant records in the system of FICA data as applicable; Federal, State, applications; and NOAA Corps data to records may be referred to the and local tax deductions, as appropriate; U.S. Office of Personnel Management appropriate agency, whether Federal, IRS tax lien data; savings bond and for preparation of statistical materials. state, local or foreign, charged with the charity deductions; regular and optional Disclosure of information from this responsibility of investigating or Government life insurance deduction(s), system of records may also be made to prosecuting such violation or charged health insurance deduction and plan of commercial contractors (debt collection with enforcing or implementing the code; cash award data; jury duty data; agencies) for the purpose of collecting statute or contract, or rule, regulation or military leave data; pay differentials; delinquent debts as authorized by the order issued pursuant thereto, or union dues deductions; allotments, by Debt Collection Act (31 U.S.C. 3718). protecting the interest of the type and amount; financial institution 3. The names, social security Department. code and employee account number, numbers, home addresses, dates of 7. A record from this system of type of account; leave status and leave birth, dates of hire, quarterly earnings, records may be disclosed to a Federal, data of all types (including annual, employer information, and State of hire state or local agency maintaining civil, compensatory, jury duty, maternity, of employees may be disclosed to the criminal or other relevant enforcement military, retirement disability, sick, Office of Child Support Enforcement, information or other pertinent transferred, absence without leave, and Administration for Children and information, such as current licenses, if without pay); time and attendance Families, Department of Health and necessary to obtain information relevant records, including number of regular, Human Services, for the purpose of to a Department decision concerning the overtime, holiday, Sunday, and other locating individuals to establish assignment, hiring or retention of an hours worked; pay period number and paternity, establishing and modifying individual, the issuance of a security ending date of living allowances; orders of child support, identifying clearance, the letting of a contract, or

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the issuance of a license, grant or other 15. A record from this system of NOTIFICATION PROCEDURES: benefit. records may be transferred to the Office For Economics and Statistics 8. A record from this system of of Personnel Management: For Administration and Bureau of the records may be disclosed to a Federal, personnel research purposes; as a data Census records of employees employed state, local or international agency, in source for management information; for in the Washington, DC, metropolitan response to its request, in connection the production of summary descriptive area, a Census Regional Office, the with the assignment, hiring or retention statistics and analytical studies in Census Hagerstown Telephone Center of an individual, the issuance of a support of the function for which the and the Census Tucson Telephone security clearance, the reporting of an records are collected and maintained; or Center, information may be obtained investigation of an individual, the for related manpower studies. from: Bureau of the Census, Human letting of a contract, or the issuance of 16. A record from this system of Resources Division, 4600 Silver Hill a license, grant, or other benefit by the records may be disclosed to the Defense Road, Room 2J423, Washington, DC requesting agency, to the extent that the Manpower Data Center in connection 20233, (301) 763–4748. information is relevant and necessary to with the issuance of Common Access For records of Census employees the requesting agency’s decision on the Cards (CAC) identification cards to employed by the Jeffersonville Census matter. eligible National Oceanic and Data Preparation Division, information 9. A record from this system of Atmospheric (NOAA) Commissioned may be obtained from: Bureau of the records may be disclosed in the course Corps, NOAA civilian employees and Census, National Processing Center, of presenting evidence to a court, NOAA contractors. Human Resource Branch, Room 126, Bldg. 66, Jeffersonville, Indiana 47132, magistrate or administrative tribunal, POLICIES AND PRACTICED FOR STORING, including disclosures to opposing (812) 218–3161. RETRIEVING, ACCESSING, RETAINING AND For Patent and Trademark Office counsel in the course of settlement DISPOSING OF RECORDS IN THE SYSTEM: negotiations. records, information may be obtained STORAGE: 10. A record in this system of records from: Office of Human Resources, U.S. may be disclosed to a Member of Paper records are contained in file Patent and Trademark Office, 550 Congress submitting a request involving folders stored in file cabinets; electronic Elizabeth Lane, 1A72, Alexandria, VA an individual when the individual has records are contained in computers, 22314, (571) 272–6000. For records of International Trade requested assistance from the Member electronic databases, and servers. Administration employees employed in with respect to the subject matter of the RETRIEVABILITY: the Washington, DC, metropolitan area, record. By name and/or employee or social information may be obtained from: 11. A record from this system of security number. Office of Human Resource Management, records may be disclosed to the Human Resource Operations Center, Department of Justice in connection SAFEGUARDS: Office of the Secretary, Room 7412, with determining whether disclosure Records in this system are 1401 Constitution Avenue NW., thereof is required by the Freedom of safeguarded in accordance with applicable security rules and policies. Washington, DC 20230, (202) 482–3301. Information Act 5 U.S.C. 552. For records of International Trade 12. A record from this system of Paper records are kept in locked cabinets in secure facilities and access Administration, U.S. Foreign records may be disclosed to a contractor Commercial Service employees, of the Department having need for the to them is restricted to individuals whose official duties require access. information may be obtained from: information in the performance of the Office of Foreign Service Resources, contract, but not operating a system of Access to computers, electronic databases, and servers containing the Room 3227, 1401 Constitution Avenue records within the meaning of 5 U.S.C. NW., Washington, DC 20230, (202) 482– 552a(m). records in this system is limited to personnel who have the need to know 4938. 13. A record from this system of For records of National Institute of the information for the performance of records may be disclosed to the National Standards and Technology employees their official duties. The computer Archives and Records Administration or other than those employed in Colorado servers in which records are stored are to the Administrator, General Services, and Hawaii and for Personnel Officer, located in facilities with access codes, or his designee during an inspection of Office of Human Resource Management, security codes, and security guards. records conducted by GSA as part of 100 Bureau Drive, Mail Stop 1720, Access to networks and data requires a that agency’s responsibility to Gaithersburg, Maryland 20899, (301) valid username and password. recommend improvements in records 975–3000. management practices and programs, RETENTION AND DISPOSAL: For National Technical Information under authority of 44 U.S.C. 2904 and Retained on site until after GAO Service records, information may be 2906. Such disclosure shall be made in audit, then disposed of, or transferred obtained from: National Institute of accordance with the GSA regulations either to Federal Records Storage Standards and Technology, Office of governing inspection of records for this Centers in accordance with the fiscal Human Resource Management, 100 purpose, and any other relevant (i.e. records program approved by GAO, as Bureau Drive, Mail Stop 1720, GSA or Commerce) directive. Such appropriate or general Record Schedules Gaithersburg, MD 20899, (301) 975– disclosure shall not be used to make of GSA. 3000. determinations about individuals. For Office of Inspector General 14. A record from this system of SYSTEM MANAGER(S) AND ADDRESS: records, information may be obtained records may be disclosed to the Office National Finance Center, U.S. from: Human Resource Management of Management and Budget in Department of Agriculture, P.O. Box Office, Room 7089, 1401 Constitution connection with the review of private 70160, New Orleans, Louisiana 70160. Avenue NW., Washington, DC 20230, relief legislation as set forth in OMB Field Administrative Payroll System, (202) 482–4948. Circular No. A–19 at any stage of the Demographic and Decennial Census For records of National Oceanic and legislative coordination and clearance Staff, Bureau of the Census, 4600 Silver Atmospheric Administration employees process as set forth in that Circular. Hill Road, Suitland, MD 20746. in the Washington, DC, metropolitan

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area, information may be obtained from: Administration employees in the States For all other records, information may Office of Work Force Management, of Connecticut, Delaware, Maine, be obtained from: Office of Human National Oceanic and Atmospheric Massachusetts, New Hampshire, New Resources Management, Human Administration, 1305 East-West Jersey, New York, North Carolina, Ohio, Resources Operations Center, U.S. Highway, SSMC#4, Room 12434, Silver Pennsylvania, Rhode Island, South Department of Commerce, Office of the Spring, Maryland 20910, (301) 713– Carolina, Vermont, Virginia, West Secretary, Room 7412 HCHB, 1401 6302. Virginia, Puerto Rico, and the Virgin Constitution Avenue NW., Washington, For records of Office of the Secretary, Islands; for employees in the Bureau of DC, 20230, (202) 482–3301. Bureau of Economic Analysis, Bureau of Industry and Security, Economic Industry and Security, Economic Development Administration, Minority RECORD ACCESS PROCEDURES: Development Agency, Minority Business Development Agency, and Requests from individuals should be Business Development Agency, National International Trade Administration in addressed to: Same address of the Telecommunications and Information the States of Alabama, Delaware, desired location as stated in the Administration employees in the Florida, Georgia, Maryland, New Jersey, Notification section above. Washington, DC, metropolitan area, New York, North Carolina, CONTESTING RECORDS PROCEDURES: information may be obtained from: Pennsylvania, South Carolina, The Department’s rules for access, for Office of Human Resource Management, Tennessee, Virginia, West Virginia, contesting contents, and appealing Human Resource Operations Center, Puerto Rico, and the Virgin Islands: initial determinations by the individuals Office of the Secretary, Room 7412, Human Resources Manager, Eastern concerned appear in 15 CFR part 4b. 1401 Constitution Avenue NW., Administrative Support Center (EASC), Use above address for desired location. Washington, DC 20230, (202) 482–3301. National Oceanic and Atmospheric For records of regional employees of Administration EC, 200 World Trade RECORD SOURCE CATEGORIES: the National Oceanic and Atmospheric Center, Norfolk, Virginia 23510, (757) Subject individuals; those authorized Administration, National Institute of 441–6517. Standards and Technology, Bureau of by the individual to furnish c. Mountain Region. For National Industry and Security, Economic information, supervisors, timekeepers, Oceanic and Atmospheric Development Administration, Minority official personnel records, and Internal Administration employees in the States Business Development Agency, Revenue Service. of Alaska, Colorado, Florida, Hawaii, International Trade Administration, and Idaho and Oklahoma, at the South Pole EXEMPTIONS CLAIMED FOR THE SYSTEM: National Telecommunications and and in American Samoa; and for the None. Information Administration, National Weather Service employees in information may be obtained from the Dated: June 23, 2014. Human Resources Manager servicing the the States of Alabama, Arkansas, Brenda Dolan, Florida, Georgia, Louisiana, Mississippi, region or state in which they are Department of Commerce, Freedom of employed as follows: New Mexico, Oklahoma, Tennessee, Information and Privacy Act Officer. Texas and in Puerto Rico; for employees a. Central Region. For National [FR Doc. 2014–15110 Filed 6–26–14; 8:45 am] in Bureau of Industry and Security, Oceanic and Atmospheric BILLING CODE 3510–12–P Administration employees in the States Economic Development Administration, of Arkansas, Florida, Georgia, Illinois, Minority Business Development Indiana, Iowa, Kentucky, Louisiana, Agency, National Institute of Standard DEPARTMENT OF COMMERCE Michigan, Minnesota, Mississippi, and Technology, and National Missouri, Ohio, Tennessee, and Telecommunications and Information International Trade Administration Wisconsin; for National Marine Administration in the States of Fisheries Service employees in the Arkansas, Colorado, Hawaii, Iowa, Initiation of Antidumping and States of North Carolina, South Carolina Louisiana, Missouri, Montana, South Countervailing Duty Administrative and Texas; and for National Weather Dakota, Texas, Utah and Wisconsin: Reviews Human Resources Office, Mountain Service employees in the States of AGENCY: Enforcement and Compliance, Colorado, Kansas, Nebraska, North Administrative Support Center (MASC), MC22A, 325 Broadway, Boulder, International Trade Administration, Dakota, South Dakota, and Wyoming; Department of Commerce. for employees in the Bureau of Industry Colorado 80303–3328, (303) 497–3578. SUMMARY: The Department of Commerce and Security, Economic Development d. Western Region. For National Administration, Minority Business Oceanic and Atmospheric (‘‘the Department’’) has received Development Agency, and International Administration employees in the States requests to conduct administrative Trade Administration in the States of of Arizona, California, Montana, reviews of various antidumping and Arkansas, Connecticut, Illinois, Indiana, Nevada, Oregon, Utah, Washington, and countervailing duty orders and findings Iowa, Kansas, Kentucky, Louisiana, the Trust Territories; for employees in with May anniversary dates. In Maine, Massachusetts, Michigan, Bureau of Industry and Security, accordance with the Department’s Minnesota, Mississippi, Missouri, Economic Development Administration, regulations, we are initiating those Nebraska, New Hampshire, New York, Minority Business Development administrative reviews. Ohio, Oklahoma, Pennsylvania, Rhode Agency, and International Trade DATES: Effective Date: June 27, 2014. Island, South Carolina, South Dakota, Administration in the States of Arizona, FOR FURTHER INFORMATION CONTACT: Tennessee, Texas, Vermont, and California, Nevada, Oregon, Utah, Brenda E. Waters, Office of AD/CVD Wisconsin: Human Resources Manager, Washington, and the Trust Territories: Operations, Customs Liaison Unit, Central Administrative Support Center Human Resources Manager, Western Enforcement and Compliance, (CASC), Federal Building, Room 1736, Administrative Support Center (WASC), International Trade Administration, 601 East 12th Street, Kansas City, National Oceanic and Atmospheric U.S. Department of Commerce, 14th Missouri 64106, (816) 426–2056. Administration WC2, 7600 Sand Point Street and Constitution Avenue NW., b. Eastern Region. For National Way NE., Bin C15700, Seattle, Washington, DC 20230, telephone: (202) Oceanic and Atmospheric Washington 98115–0070, (206) 6057. 482–4735.

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SUPPLEMENTARY INFORMATION: ‘‘collapsed’’ (i.e., treated as a single the Department to extend the 90-day entity for purposes of calculating deadline will be made on a case-by-case Background antidumping duty rates) require a basis. The Department has received timely substantial amount of detailed Separate Rates requests, in accordance with 19 CFR information and analysis, which often 351.213(b), for administrative reviews of require follow-up questions and In proceedings involving non-market various antidumping and countervailing analysis. Accordingly, the Department economy (‘‘NME’’) countries, the duty orders and findings with May will not conduct collapsing analyses at Department begins with a rebuttable anniversary dates. the respondent selection phase of this presumption that all companies within All deadlines for the submission of review and will not collapse companies the country are subject to government various types of information, at the respondent selection phase unless control and, thus, should be assigned a certifications, or comments or actions by there has been a determination to single antidumping duty deposit rate. It the Department discussed below refer to collapse certain companies in a is the Department’s policy to assign all the number of calendar days from the previous segment of this antidumping exporters of merchandise subject to an applicable starting time. proceeding (i.e., investigation, administrative review in an NME Notice of No Sales administrative review, new shipper country this single rate unless an review or changed circumstances exporter can demonstrate that it is If a producer or exporter named in review). For any company subject to this sufficiently independent so as to be this notice of initiation had no exports, review, if the Department determined, entitled to a separate rate. sales, or entries during the period of or continued to treat, that company as To establish whether a firm is review (‘‘POR’’), it must notify the collapsed with others, the Department sufficiently independent from Department within 60 days of will assume that such companies government control of its export publication of this notice in the Federal continue to operate in the same manner activities to be entitled to a separate Register. All submissions must be filed and will collapse them for respondent rate, the Department analyzes each electronically at http:// selection purposes. Otherwise, the entity exporting the subject iaaccess.trade.gov in accordance with merchandise under a test arising from 1 Department will not collapse companies 19 CFR 351.303. Such submissions are for purposes of respondent selection. the Final Determination of Sales at Less subject to verification in accordance Parties are requested to (a) identify Than Fair Value: Sparklers from the with section 782(i) of the Tariff Act of which companies subject to review People’s Republic of China, 56 FR 20588 1930, as amended (‘‘Act’’). Further, in previously were collapsed, and (b) (May 6, 1991), as amplified by Final accordance with 19 CFR 351.303(f)(1)(i), provide a citation to the proceeding in Determination of Sales at Less Than a copy must be served on every party on which they were collapsed. Further, if Fair Value: Silicon Carbide from the the Department’s service list. companies are requested to complete People’s Republic of China, 59 FR 22585 Respondent Selection the Quantity and Value (‘‘Q&V’’) (May 2, 1994). In accordance with the Questionnaire for purposes of separate rates criteria, the Department In the event the Department limits the assigns separate rates to companies in number of respondents for individual respondent selection, in general each company must report volume and value NME cases only if respondents can examination for administrative reviews, demonstrate the absence of both de jure the Department intends to select data separately for itself. Parties should not include data for any other party, and de facto government control over respondents based on U.S. Customs and export activities. Border Protection (‘‘CBP’’) data for U.S. even if they believe they should be treated as a single entity with that other All firms listed below that wish to imports during the POR. We intend to qualify for separate rate status in the release the CBP data under party. If a company was collapsed with another company or companies in the administrative reviews involving NME Administrative Protective Order countries must complete, as (‘‘APO’’) to all parties having an APO most recently completed segment of this proceeding where the Department appropriate, either a separate rate within seven days of publication of this considered collapsing that entity, application or certification, as described initiation notice and to make our complete Q&V data for that collapsed below. For these administrative reviews, decision regarding respondent selection entity must be submitted. in order to demonstrate separate rate within 21 days of publication of this eligibility, the Department requires Federal Register notice. The Deadline for Withdrawal of Request for entities for whom a review was Department invites comments regarding Administrative Review requested, that were assigned a separate the CBP data and respondent selection Pursuant to 19 CFR 351.213(d)(1), a rate in the most recent segment of this within five days of placement of the party that has requested a review may proceeding in which they participated, CBP data on the record of the applicable withdraw that request within 90 days of to certify that they continue to meet the review. Rebuttal comments will be due the date of publication of the notice of criteria for obtaining a separate rate. The five days after submission of initial initiation of the requested review. The Separate Rate Certification form will be comments. regulation provides that the Department available on the Department’s Web site In the event the Department decides may extend this time if it is reasonable at http://enforcement.trade.gov/nme/ it is necessary to limit individual to do so. In order to provide parties nme-sep-rate.html on the date of examination of respondents and additional certainty with respect to publication of this Federal Register conduct respondent selection under when the Department will exercise its notice. In responding to the section 777A(c)(2) of the Act: discretion to extend this 90-day certification, please follow the In general, the Department has found deadline, interested parties are advised ‘‘Instructions for Filing the that determinations concerning whether that the Department does not intend to Certification’’ in the Separate Rate particular companies should be extend the 90-day deadline unless the Certification. Separate Rate requestor demonstrates that an Certifications are due to the Department 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; extraordinary circumstance has no later than 60 calendar days after Administrative Protective Order Procedures, 76 FR prevented it from submitting a timely publication of this Federal Register 39263 (July 6, 2011). withdrawal request. Determinations by notice. The deadline and requirement

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for submitting a Certification applies to demonstrate eligibility for a separate and export subject merchandise to the equally to NME-owned firms, wholly rate in this proceeding. The Separate United States. foreign-owned firms, and foreign sellers Rate Status Application will be For exporters and producers who who purchase and export subject available on the Department’s Web site submit a separate-rate status application merchandise to the United States. at http://enforcement.trade.gov/nme/ or certification and subsequently are Entities that currently do not have a nme-sep-rate.html on the date of selected as mandatory respondents, separate rate from a completed segment publication of this Federal Register these exporters and producers will no of the proceeding 2 should timely file a notice. In responding to the Separate longer be eligible for separate rate status Separate Rate Application to Rate Status Application, refer to the unless they respond to all parts of the demonstrate eligibility for a separate instructions contained in the questionnaire as mandatory rate in this proceeding. In addition, application. Separate Rate Status respondents. companies that received a separate rate Applications are due to the Department in a completed segment of the Initiation of Reviews no later than 60 calendar days of proceeding that have subsequently In accordance with 19 CFR publication of this Federal Register made changes, including, but not 351.221(c)(1)(i), we are initiating limited to, changes to corporate notice. The deadline and requirement administrative reviews of the following structure, acquisitions of new for submitting a Separate Rate Status antidumping and countervailing duty companies or facilities, or changes to Application applies equally to NME- orders and findings. We intend to issue their official company name,3 should owned firms, wholly foreign-owned the final results of these reviews not timely file a Separate Rate Application firms, and foreign sellers that purchase later than May 31, 2015.

Period to be reviewed

Antidumping Duty Proceedings Belgium: Stainless Steel Plate in Coils, A–423–808 ...... 5/1/13–4/30/14 Aperam Stainless Belgium N.V. (‘‘ASB’’) Canada: Citric Acid and Certain Citrate Salts, A–122–853 ...... 5/1/13–4/30/14 Jungbunzlauer Canada Inc. India: Silcomanganese, A–533–823 ...... 5/1/13–4/30/14 Nava Bharat Ventures Limited Republic of Korea: Polyester Staple Fiber, A–580–839 ...... 5/1/13–4/30/14 Huvis Corporation Woongjin Chemical Company, Ltd. Taiwan: Certain Stilbenic Optical Brightening Agents, A–583–848 ...... 5/1/13–4/30/14 The Fong Min International Co., Ltd. Taiwan: Polyester Staple Fiber, A–583–833 ...... 5/1/13–4/30/14 Far Eastern New Century Corporation Nan Ya Plastics Corporation The People’s Republic of China: Aluminum Extrusions, A–570–967 ...... 5/1/13–4/30/14 Acro Import and Export Co. Activa International Inc. Allied Maker Limited Alnan Aluminium Co., Ltd. Aluminicaste Fundicion de Mexico Changshu Changshen Aluminum Products Co., Ltd. Changzhou Changzheng Evaporator Co., Ltd. Changzhou Tenglong Auto Parts Co., Ltd. China Zhongwang Holdings, Ltd. Chiping One Stop Industrial & Trade Co., Ltd. Classic & Contemporary Inc. Clear Sky Inc. Cosco (J.M.) Aluminum Co., Ltd. Dongguan Aoda Aluminum Co., Ltd. Dongguan Golden Tiger Dongguan Golden Tiger Hardware Industrial Co., Ltd.

2 Such entities include entities that have not shipper review, etc.) and entities that lost their 3 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceeding participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Certification.

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Period to be reviewed

Dragonluxe Limited Dynabright International Group (HK) Limited Dynamic Technologies China First Union Property Limited Foreign Trade Co. of Suzhou New & Hi-Tech Industrial Development Zone Foshan City Nanhai Hongjia Aluminum Alloy Co., Ltd. Foshan Guancheng Aluminum Co., Ltd. Foshan Jinlan Aluminum Co. Ltd. Foshan JMA Aluminum Company Limited Foshan Shanshui Fenglu Aluminum Co., Ltd. Foshan Shunde Aoneng Electrical Appliances Co., Ltd. Foshan Yong Li Jian Alu. Ltd. Fujian Sanchuan Aluminum Co., Ltd. Global PMX Dongguan Co., Ltd. Global Point Technology (Far East) Limited Gold Mountain International Development, Ltd. Golden Dragon Precise Copper Tube Group, Inc. Gran Cabrio Capital Pte. Ltd. Gree Electric Appliances GT88 Capital Pte. Ltd. Guang Ya Aluminum Industries (HK) Ltd. Guang Ya Aluminum Industries Co., Ltd Guangdong Hao Mei Aluminum Co., Ltd. Guangdong Jianmei Aluminum Profile Company Limited Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd. Guangdong Nanhai Foodstuffs Imp. & Exp. Co., Ltd. Guangdong Weiye Aluminum Factory Co., Ltd. Guangdong Whirlpool Electrical Appliances Co., Ltd. Guangdong Xingfa Aluminum Co., Ltd. Guangdong Xin Wei Aluminum Products Co., Ltd. Guangdong Yonglijian Aluminum Co., Ltd Guangdong Zhongya Aluminum Company Limited Guangzhou Jangho Curtain Wall System Engineering Co., Ltd. Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd. Hangzhou Xingyi Metal Products Co., Ltd. Hanwood Enterprises Limited Hanyung Alcobis Co., Ltd. Hao Mei Aluminum Co., Ltd. Hao Mei Aluminum International Co., Ltd. Henan New Kelong Electrical Appliances Co., Ltd. Hong Kong Gree Electric Appliances Sales Limited Honsense Development Company Hui Mei Gao Aluminum Foshan Co., Ltd. Idex Dinglee Technology (Tianjin Co., Ltd.) Idex Health Innovative Aluminum (Hong Kong) Limited iSource Asia Jangho Curtain Wall Hong Kong Ltd. Jiangmen Qunxing Hardware Diecasting Co., Ltd. Jiangsu Changfa Refrigeration Co., Ltd. Jiangsu Susan Group (HK) Co., Ltd. Jiangyin Trust International Inc Jiangyin Xinhong Doors and Windows Co., Ltd. Jiaxing Jackson Travel Products Co., Ltd. Jiaxing Taixin Metal Products Co., Ltd. Jiuyan Co., Ltd. JMA (HK) Company Limited Justhere Co., Ltd. Kam Kiu Aluminum Products Sdn Bhd Kanal Precision Aluminum Product Co., Ltd. Karlton Aluminum Company Ltd. Kong Ah International Company Limited Kromet International Inc. Kunshan Giant Light Metal Technology Co., Ltd. Liaoning Zhongwang Group Co., Ltd. Liaoyang Zhongwang Aluminum Profiled Co. Ltd. Longkou Donghai Trade Co., Ltd. Metaltek Group Co., Ltd. Metaltek Metal Industry Co., Ltd. Midea Air Conditioning Equipment Co., Ltd. Midea International Trading Co., Ltd./Midea International Trading Co., Ltd. Miland Luck Limited

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Period to be reviewed

Nanhai Textiles Import & Export Co., Ltd. New Asia Aluminum & Stainless Steel Product Co., Ltd. Nidec Sankyo Singapore Pte. Ltd. Nidec Sankyo (Zhejiang) Corporation Ningbo Coaster International Co., Ltd. Ningbo Hi Tech Reliable Manufacturing Company Ningbo Minmetals & Machinery Imp. & Exp. Corp. Ningbo Lakeside Machinery Factory Ningbo Yili Import and Export Co., Ltd. North China Aluminum Co., Ltd. Northern States Metals PanAsia Aluminum (China) Limited Pengcheng Aluminum Enterprise Inc. Permasteelisa South China Factory Permasteelisa Hong Kong Ltd. Pingguo Aluminum Company Limited Pingguo Asia Aluminum Co., Ltd. Popular Plastics Company Limited Press Metal International Ltd Samuel, Son & Co., Ltd. Sanchuan Aluminum Co., Ltd. Shangdong Huasheng Pesticide Machinery Co. Shangdong Nanshan Aluminum Co., Ltd. Shanghai Automobile Air Conditioner Accessories Ltd. Shanghai Canghai Aluminum Tube Packaging Co., Ltd Shanghai Dongsheng Metal Shanghai Shen Hang Imp & Exp Co., Ltd. Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd. Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. Shenzhen Hudson Technology Development Co., Ltd. Shenzhen Jiuyuan Co., Ltd. Sihui Shi Guo Yao Aluminum Co., Ltd. Sincere Profit Limited Skyline Exhibit Systems (Shanghai) Co., Ltd. Suzhou JRP Import & Export Co., Ltd. Suzhou New Hongji Precesion Part Co Tai-Ao Aluminum (Taishan) Co. Ltd. Taishan City Kam Kiu Aluminum Extrusion Co., Ltd. Taizhou Lifeng Manufacturing Corporation tenKsolar (Shanghai) Co., Ltd. tenKsolar, Inc. Taogoasei America Inc./Toagoasei America Inc. Tianjin Ganglv Nonferrous Metal Materials Co., Ltd. Tianjin Jinmao Import & Export Corp., Ltd. Tianjin Ruxin Electric Heat Transmission Technology Co., Ltd. Tianjin Xiandai Plastic & Aluminum Products Co., Ltd. Tiazhou Lifeng Manufacturing Corporation/Taizhou Lifeng Manufacturing Corporation, Ltd. Top-Wok Metal Co., Ltd. Traffic Brick Network, LLC Union Industry (Asia) Co., Ltd. USA Worldwide Door Components (Pinghu) Co., Ltd. Wenzhou Shengbo Decoration & Hardware Whirlpool (Guangdong) WTI Building Products, Ltd. Xin Wei Aluminum Company Limited Xinya Aluminum & Stainless Steel Product Co., Ltd. Zahoqing China Square Industry Limited/Zhaoqing China Square Industry Limited Zhaoqing Asia Aluminum Factory Company Ltd. Zhaoqing China Square Industrial Ltd. Zhaoqing New Zhongya Aluminum Co., Ltd. Zhejiang Anji Xinxiang Aluminum Co., Ltd. Zhejiang Yongkang Listar Aluminum Industry Co., Ltd. Zhejiang Zhengte Group Co., Ltd. Zhenjiang Xinlong Group Co., Ltd. Zhongshan Gold Mountain Aluminum Factory Ltd. Zhongya Shaped Aluminum (HK) Holding Limited Zhuhai Runxingtai Electrical Equipment Co., Ltd. The People’s Republic of China: Citric Acid and Certain Citrate Salts, A–570–937 ...... 5/1/13–4/30/14 Laiwu Taihe Biochemistry Co., Ltd. RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., RZBC (Juxian) Co., Ltd. Yixing Union Biochemical Co., Ltd. The People’s Republic of China: Pure Magnesium, A–570–832 ...... 5/1/13–4/30/14

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Period to be reviewed

Tianjin Magnesium International Co., Ltd. (‘‘TMI’’) Tianjin Magnesium Metal Co., Ltd. (‘‘TMM’’) Turkey: Circular Welded Carbon Steel Pipes and Tubes, A–489–501 ...... 5/1/13–4/30/14 Borusan Group Borusan Istikbal Ticaret T.A.S. Borusan Mannesmann Boru Sanayi ve Ticaret A.S. ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. Tosyali Dis Ticaret A.S. Toscelik Profil ve Sac Endustrisi A.S. Turkey: Light-Walled Rectangular Pipe and Tube, A–489–815 ...... 5/1/13–4/30/14 CINAR Boru Profil Sanayi ve Ticaret A.S. United Arab Emirates: Certain Steel Nails, A–520–804 ...... 5/1/13–4/30/14 Dubai Wire FZE Precision Fasteners LLC Countervailing Duty Proceedings The People’s Republic of China: Aluminum Extrusions, C–570–968 ...... 1/1/13–12/31/13 Acro Import and Export Co. Activa International Inc. Allied Maker Limited Alnan Aluminium Co., Ltd. Aluminicaste Fundicion de Mexico Bracalente Metal Products (Suzhou) Co. Ltd. Changshu Changshen Aluminum Products Co., Ltd. Changzhou Changzheng Evaporator Co., Ltd. Changzhou Tenglong Auto Parts Co., Ltd. China Zhongwang Holdings, Ltd. Chiping One Stop Industrial & Trade Co., Ltd. Classic & Contemporary Inc. Clear Sky Inc. Cosco (J.M.) Aluminum Co., Ltd. Danfoss Micro Channel Heat Exchanger (Jia Xing) Co. Ltd. Dongguan Aoda Aluminum Co., Ltd. Dongguan Golden Tiger Hardware Industrial Co., Ltd. Dragonluxe Limited Dynabright International Group (HK) Limited Dynamic Technologies China Ever Extend Ent. Ltd. Fenghua Metal Product Factory First Union Property Limited Foreign Trade Co. of Suzhou New & Hi-Tech Industrial Development Zone Foshan City Nanhai Hongjia Aluminum Alloy Co., Ltd. Foshan Guancheng Aluminum Co., Ltd. Foshan Jinlan Aluminum Co. Ltd. Foshan JMA Aluminum Company Limited Foshan Shanshui Fenglu Aluminum Co., Ltd. Foshan Shunde Aoneng Electrical Appliances Co., Ltd. Foshan Yong Li Jian Alu. Ltd. Fujian Sanchuan Aluminum Co., Ltd. Global PMX Dongguan Co., Ltd. Global Point Technology (Far East) Limited Gold Mountain International Development, Ltd. Golden Dragon Precise Copper Tube Group, Inc. Gran Cabrio Capital Pte. Ltd. Gree Electric Appliances GT88 Capital Pte. Ltd. Guang Ya Aluminum Industries (HK) Ltd. Guang Ya Aluminum Industries Co., Ltd Guangdong Hao Mei Aluminum Co., Ltd. Guangdong Jianmei Aluminum Profile Company Limited Guangdone JMA Aluminum Profile Factory (Group) Co., Ltd. Guangdong Nanhai Foodstuffs Imp. & Exp. Co., Ltd. Guangdong Weiye Aluminum Factory Co., Ltd. Guangdong Whirlpool Electrical Appliances Co., Ltd. Guangdong Xingfa Aluminum Co., Ltd. Guangdong Xin Wei Aluminum Products Co., Ltd. Guangdong Yonglijian Aluminum Co., Ltd Guangdong Zhongya Aluminum Company Limited Guangzhou Jangho Curtain Wall System Engineering Co., Ltd. Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd.

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Period to be reviewed

Hangzhou Xingyi Metal Products Co., Ltd. Hanwood Enterprises Limited Hanyung Alcobis Co., Ltd. Hanyung Metal (Suzhou) Co., Ltd. Hao Mei Aluminum Co., Ltd. Hao Mei Aluminum International Co., Ltd. Henan New Kelong Electrical Appliances Co., Ltd. Hong Kong Gree Electric Appliances Sales Limited Honsense Development Company Hui Mei Gao Aluminum Foshan Co., Ltd. Idex Dinglee Technology (Tianjin Co., Ltd.) Idex Health IDEX Technology Suzhou Co., Ltd. Innovative Aluminum (Hong Kong) Limited iSource Asia Jangho Curtain Wall Hong Kong Ltd. Jiangmen Qunxing Hardware Diecasting Co., Ltd. Jiangsu Changfa Refrigeration Co., Ltd. Jiangsu Susan Group (HK) Co., Ltd. Jiangyin Trust International Inc Jiangyin Xinhong Doors and Windows Co., Ltd. Jiaxing Jackson Travel Products Co., Ltd. Jiaxing Taixin Metal Products Co., Ltd. Jiuyan Co., Ltd. JMA (HK) Company Limited Justhere Co., Ltd. Kam Kiu Aluminum Products Sdn Bhd Kanal Precision Aluminum Product Co., Ltd. Karlton Aluminum Company Ltd. Kong Ah International Company Limited Kromet International Inc. Kunshan Giant Light Metal Technology Co., Ltd. Liaoning Zhongwang Group Co., Ltd. Liaoyang Zhongwang Aluminum Profiled Co. Ltd. Longkou Donghai Trade Co., Ltd. Massoud & Bros. Co., Ltd. Metaltek Group Co., Ltd. Metaltek Metal Industry Co., Ltd. Midea Air Conditioning Equipment Co., Ltd. Midea International Trading Co., Ltd./Midea International Trading Co., Ltd. Miland Luck Limited Nanhai Textiles Import & Export Co., Ltd. New Asia Aluminum & Stainless Steel Product Co., Ltd. Nidec Sankyo Singapore Pte. Ltd. Nidec Sankyo (Zhejiang) Corporation Ningbo Coaster International Co., Ltd. Ningbo Hi Tech Reliable Manufacturing Company Ningbo Lakeside Machiery Factory Ningbo Minmetals & Machinery Imp. & Exp. Corp. Ningbo Yili Import and Export Co., Ltd. North China Aluminum Co., Ltd. North Fenghua Aluminum Limited Northern States Metals PanAsia Aluminum (China) Limited Pengcheng Aluminum Enterprise Inc. Permasteelisa Hong Kong Ltd. Permasteelisa South China Factory Pingguo Aluminum Company Limited Pingguo Asia Aluminum Co., Ltd. Popular Plastics Company Limited Press Metal International Ltd Samuel, Son & Co., Ltd. Sanchuan Aluminum Co., Ltd. Sapa Profiles (Shanghai) Co., Ltd. Shangdong Huasheng Pesticide Machinery Co. Shangdong Nanshan Aluminum Co., Ltd. Shanghai Automobile Air Conditioner Accessories Ltd. Shanghai Canghai Aluminum Tube Packaging Co., Ltd Shanghai Dongsheng Metal Shanghai Shen Hang Imp & Exp Co., Ltd. Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd.

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Period to be reviewed

Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. Shenzhen Hudson Technology Development Co., Ltd. Shenzhen Jiuyuan Co., Ltd. Sihui Shi Guo Yao Aluminum Co., Ltd. Sincere Profit Limited Skyline Exhibit Systems (Shanghai) Co., Ltd. Suzhou JRP Import & Export Co., Ltd. Suzhou New Hongji Precesion Part Co Tai-Ao Aluminum (Taishan) Co. Ltd. Taishan City Kam Kiu Aluminum Extrusion Co., Ltd. Taizhou Lifeng Manufacturing Corporation Taizhou United Imp. & Exp. Co Ltd. tenKsolar (Shanghai) Co., Ltd. tenKsolar, Inc. Taogoasei America Inc./Toagoasei America Inc. Tianjin Ganglv Nonferrous Metal Materials Co., Ltd. Tianjin Jinmao Import & Export Corp., Ltd. Tianjin Ruxin Electric Heat Transmission Technology Co., Ltd. Tianjin Xiandai Plastic & Aluminum Products Co., Ltd. Tiazhou Lifeng Manufacturing Corporation/Taizhou Lifeng Manufacturing Corporation, Ltd. Top-Wok Metal Co., Ltd. Traffic Brick Network, LLC Union Industry (Asia) Co., Ltd. USA Worldwide Door Components (Pinghu) Co., Ltd. Wenzhou Shengbo Decoration & Hardware Whirlpool (Guangdong) Whirlpool Microwave Products Development Ltd. WTI Building Products, Ltd. Xin Wei Aluminum Company Limited Xinya Aluminum & Stainless Steel Product Co., Ltd. Zahoqing China Square Industry Limited/Zhaoqing China Square Industry Limited Zhaoqing Asia Aluminum Factory Company Ltd. Zhaoqing China Square Industrial Ltd. Zhaoqing New Zhongya Aluminum Co., Ltd. Zhejiang Anji Xinxiang Aluminum Co., Ltd. Zhejiang Dongfeng Refrigeration Components Co., Ltd. Zhejiang Yongkang Listar Aluminum Industry Co., Ltd. Zhejiang Zhengte Group Co., Ltd. Zhenjiang Xinlong Group Co., Ltd. Zhongshan Daya Hardware Co., Ltd. Zhongshan Gold Mountain Aluminum Factory Ltd. Zhongya Shaped Aluminum (HK) Holding Limited Zhuhai Runxingtai Electrical Equipment Co., Ltd. The People’s Republic of China: Citric Acid and Certain Citrate Salts, C–570–938 ...... 1/1/13–12/31/13 Changsha Huir Biological-Tech Co., Ltd. Huangshi Xinghua Biochemical Co., Ltd. Hunan Dongting Pharmaceutical Co., Ltd. Jiali Bio Group (Qingdao) Co., Ltd. Juxian Hongde Citric Acid Co., Ltd. Laiwu Taihe Biochemical Co., Ltd. Lianyungang Debang Fine Chemical Co., Ltd. Lianyungang Dongtai Food Ingredients Co., Ltd. Lianyungang Hengsheng Fine Chemical Co., Ltd. Lianyungang Yunbo Chemical Co., Ltd. Lianyungang Zhengrong Food Additive Factory Nantong Feiyu Fine Chemical Co., Ltd. Ningxiang Xinyang Chemical Co., Ltd. Penglai Marine Bio-Tech Co., Ltd. Qingdao Fuso Refining & Processing Co., Ltd. Reephos Chemical Co., Ltd. Rugao Jiangbei Additive Co., Ltd. RZBC Group Shareholding Co., Ltd. (RZBC Group), RZBC Co., Ltd., RZBC (Juxian) Co., Ltd., and RZBC Imp. & Exp. Co., Ltd. Shandong Hongshide Chemical Co., Ltd. Shandong TTCA Biochemistry Co., Ltd. Shihezi City Changyum Biochemical Co., Ltd. Weifang Ensign Industry Co., Ltd. Wuhan Shuangfeng Citric Acid Co., Ltd. Yixing Union Biochemical Co., Ltd. Yixing Zhenfen Medical Chemical Co., Ltd. Yunnan No. 2 Fuel Factory

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Suspension Agreements 2013), which modified two regulations initiated on or after August 16, 2013, None. related to antidumping and should use the formats for the revised countervailing duty proceedings: the certifications provided at the end of the Duty Absorption Reviews definition of factual information (19 Final Rule.6 The Department intends to During any administrative review CFR 351.102(b)(21)), and the time limits reject factual submissions in any covering all or part of a period falling for the submission of factual proceeding segments if the submitting between the first and second or third information (19 CFR 351.301). The final party does not comply with applicable and fourth anniversary of the rule identifies five categories of factual revised certification requirements. information in 19 CFR 351.102(b)(21), publication of an antidumping duty Revised Extension of Time Limits which are summarized as follows: (i) order under 19 CFR 351.211 or a Regulation determination under 19 CFR Evidence submitted in response to 351.218(f)(4) to continue an order or questionnaires; (ii) evidence submitted On September 20, 2013, the suspended investigation (after sunset in support of allegations; (iii) publicly Department modified its regulation review), the Secretary, if requested by a available information to value factors concerning the extension of time limits domestic interested party within 30 under 19 CFR 351.408(c) or to measure for submissions in antidumping and days of the date of publication of the the adequacy of remuneration under 19 countervailing duty proceedings: Final notice of initiation of the review, will CFR 351.511(a)(2); (iv) evidence placed Rule, 78 FR 57790 (September 20, 2013). determine, consistent with FAG Italia v. on the record by the Department; and (v) The modification clarifies that parties United States, 291 F.3d 806 (Fed Cir. evidence other than factual information may request an extension of time limits 2002), as appropriate, whether described in (i)–(iv). The final rule before a time limit established under antidumping duties have been absorbed requires any party, when submitting Part 351 expires, or as otherwise by an exporter or producer subject to the factual information, to specify under specified by the Secretary. In general, an review if the subject merchandise is which subsection of 19 CFR extension request will be considered sold in the United States through an 351.102(b)(21) the information is being untimely if it is filed after the time limit importer that is affiliated with such submitted and, if the information is established under Part 351 expires. For exporter or producer. The request must submitted to rebut, clarify, or correct submissions which are due from include the name(s) of the exporter or factual information already on the multiple parties simultaneously, an producer for which the inquiry is record, to provide an explanation extension request will be considered requested. identifying the information already on untimely if it is filed after 10:00 a.m. on the record that the factual information the due date. Examples include, but are Gap Period Liquidation seeks to rebut, clarify, or correct. The not limited to: (1) Case and rebuttal For the first administrative review of final rule also modified 19 CFR 351.301 briefs, filed pursuant to 19 CFR 351.309; any order, there will be no assessment so that, rather than providing general (2) factual information to value factors of antidumping or countervailing duties time limits, there are specific time limits under 19 CFR 351.408(c), or to measure on entries of subject merchandise based on the type of factual information the adequacy of remuneration under 19 entered, or withdrawn from warehouse, being submitted. These modifications CFR 351.511(a)(2), filed pursuant to 19 for consumption during the relevant are effective for all segments initiated on CFR 351.301(c)(3) and rebuttal, provisional-measures ‘‘gap’’ period, of or after May 10, 2013. Please review the clarification and correction filed the order, if such a gap period is final rule, available at http:// pursuant to 19 CFR 351.301(c)(3)(iv); (3) applicable to the POR. enforcement.trade.gov/frn/2013/ comments concerning the selection of a 1304frn/2013–08227.txt, prior to surrogate country and surrogate values Administrative Protective Orders and submitting factual information in this and rebuttal; (4) comments concerning Letters of Appearance segment. U.S. Customs and Border Protection Interested parties must submit Any party submitting factual data; and (5) quantity and value applications for disclosure under information in an antidumping duty or questionnaires. Under certain administrative protective orders in countervailing duty proceeding must circumstances, the Department may accordance with 19 CFR 351.305. On certify to the accuracy and completeness elect to specify a different time limit by January 22, 2008, the Department of that information.4 Parties are hereby which extension requests will be published Antidumping and reminded that revised certification considered untimely for submissions Countervailing Duty Proceedings: requirements are in effect for company/ which are due from multiple parties Documents Submission Procedures; government officials as well as their simultaneously. In such a case, the APO Procedures, 73 FR 3634 (January representatives. Ongoing segments of Department will inform parties in the 22, 2008). Those procedures apply to any antidumping duty or countervailing letter or memorandum setting forth the administrative reviews included in this duty proceedings initiated on or after deadline (including a specified time) by notice of initiation. Parties wishing to March 14, 2011 should use the formats which extension requests must be filed participate in any of these for the revised certifications provided at to be considered timely. This administrative reviews should ensure the end of the Interim Final Rule.5 All modification also requires that an that they meet the requirements of these segments of any antidumping duty or extension request must be made in a procedures (e.g., the filing of separate countervailing duty proceedings separate, stand-alone submission, and letters of appearance as discussed at 19 clarifies the circumstances under which CFR 351.103(d)). 4 See section 782(b) of the Act. the Department will grant untimely- 5 See Certification of Factual Information to filed requests for the extension of time Revised Factual Information Import Administration During Antidumping and Requirements Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim 6 See Certification of Factual Information To On April 10, 2013, the Department Final Rule’’), amending 19 CFR 351.303(g)(1) and Import Administration During Antidumping and published Definition of Factual (2); Certification of Factual Information to Import Countervailing Duty Proceedings, 78 FR 42678 (July Information and Time Limits for Administration during Antidumping and 17, 2013) (‘‘Final Rule’’); see also the frequently Countervailing Duty Proceedings: Supplemental asked questions regarding the Final Rule, available Submission of Factual Information: Interim Final Rule, 76 FR 54697 (September 2, at http://enforcement.trade.gov/tlei/notices/factual_ Final Rule, 78 FR 21246 (April 10, 2011). info_final_rule_FAQ_07172013.pdf.

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limits. These modifications are effective an administrative review of all 47 DEPARTMENT OF COMMERCE for all segments initiated on or after companies.2 No other party requested a October 21, 2013. Please review the review. National Institute of Standards and final rule, available at http:// Technology Rescission of Review www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to Pursuant to 19 CFR 351.213(d)(1), the Visiting Committee on Advanced submitting factual information in these Department will rescind an Technology segments. administrative review in whole or in AGENCY: National Institute of Standards These initiations and this notice are part, if the party that requested a review and Technology, Department of in accordance with section 751(a) of the withdraws its request within 90 days of Commerce. Act (19 U.S.C. 1675(a)) and 19 CFR the date of publication of notice of ACTION: Notice of public meeting. 351.221(c)(1)(i). initiation of the requested review. In Dated: June 20, 2014. this case, WTTC withdrew its request SUMMARY: The Visiting Committee on for review within the 90-day deadline, Christian Marsh, Advanced Technology (VCAT or and no other party requested an Committee), National Institute of Deputy Assistant Secretary for Antidumping administrative review of the CVD order. and Countervailing Duty Operations. Standards and Technology (NIST), will Therefore, in accordance with 19 CFR [FR Doc. 2014–15165 Filed 6–26–14; 8:45 am] hold an open meeting via webinar/ 351.213(d)(1), we are rescinding the teleconference on Monday, July 14, from BILLING CODE 3510–DS–P administrative review of the CVD order 11:00 a.m. to 12:30 p.m. Eastern Time. on wind towers from the PRC for the The primary purpose of this meeting is DEPARTMENT OF COMMERCE period February 13, 2013, through to review, discuss, finalize, and adopt December 31, 2013. recommendations of the VCAT International Trade Administration Assessment Subcommittee on Cybersecurity regarding NIST’s cryptographic [C–570–982] The Department will instruct U.S. standards and guidelines program. Customs and Border Protection (CBP) to DATES: The VCAT will meet via Utility Scale Wind Towers From the assess CVDs on all entries of wind People’s Republic of China: webinar/teleconference on Monday, July towers from the PRC during the period 14, 2014 from 11:00 a.m. to 12:30 p.m. Rescission of Countervailing Duty February 13, 2013, through December Administrative Review; 2013 Eastern Time. The meeting will be open 31, 2013, at rates equal to the cash to the public. deposit of estimated CVDs required at AGENCY: Enforcement and Compliance, ADDRESSES: Questions regarding the the time of entry, or withdrawal from International Trade Administration, meeting should be sent to VCAT, NIST, warehouse, for consumption, in Department of Commerce. 100 Bureau Drive, Mail Stop 1060, accordance with 19 CFR SUMMARY: The Department of Commerce Gaithersburg, Maryland 20899–1060. 351.212(c)(1)(i). The Department (the Department) is rescinding its For instructions on how to participate in intends to issue appropriate assessment administrative review of the this meeting via webinar/teleconference, instructions to CBP 15 days after the countervailing duty (CVD) order on please see the SUPPLEMENTARY publication of this notice. utility scale wind towers (wind towers) INFORMATION section of this notice. from the People’s Republic of China Notifications FOR FURTHER INFORMATION CONTACT: (PRC) for the period February 13, 2013, This notice serves as a final reminder Stephanie Shaw, VCAT, NIST, 100 through December 31, 2013. to parties subject to administrative Bureau Drive, Mail Stop 1060, DATES: Effective Date: June 27, 2014. protective order (APO) of their Gaithersburg, Maryland 20899–1060, FOR FURTHER INFORMATION CONTACT: responsibility concerning the return or telephone number 301–975–2667. Ms. Kristen Johnson or Patricia Tran, AD/ destruction of proprietary information Shaw’s email address is CVD Operations, Office III, Enforcement disclosed under APO, in accordance [email protected]. and Compliance, International Trade with 19 CFR 351.305.(a)(3). Timely SUPPLEMENTARY INFORMATION: Administration, U.S. Department of written notification of the return or Authority: 15 U.S.C. 278 and the Federal Commerce, 14th Street and Constitution destruction of APO materials or Advisory Committee Act, as amended, 5 Avenue NW., Washington, DC 20230; conversion to judicial protective order is U.S.C. App. telephone: (202) 482–4793 or (202) 482– hereby requested. Failure to comply The VCAT is composed of fifteen 1503, respectively. with the regulations and the terms of an members appointed by the NIST SUPPLEMENTARY INFORMATION: APO is a violation which is subject to Director who are eminent in such fields sanction. Background as business, research, new product This notice is issued and published in development, engineering, labor, The Department initiated an accordance with sections 751(a)(1) and education, management consulting, administrative review of the CVD order 777(i)(1) of the Tariff Act of 1930, as environment, and international on wind towers from the PRC with amended, and 19 CFR 351.213(d)(4). relations. Background information about respect to 47 companies for the period Dated: June 20, 2014. the VCAT is available at http:// February 13, 2013, through December Christian Marsh, www.nist.gov/director/vcat/. 31, 2013, based on a request by the Deputy Assistant Secretary for Antidumping The primary purpose of this meeting petitioner, the Wind Tower Trade is to review, discuss, finalize, and adopt 1 and Countervailing Duty Operations. Coalition (WTTC). On June 5, 2014, the recommendations of the VCAT WTTC timely withdrew its request for [FR Doc. 2014–15146 Filed 6–26–14; 8:45 am] BILLING CODE 3510–DS–P Subcommittee on Cybersecurity regarding NIST’s cryptographic 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and 2 See Letter from the WTTC regarding standards and guidelines program. The Request for Revocation in Part, 79 FR 18262 (April ‘‘Withdrawal of Request for Administrative agenda may change to accommodate 1, 2014). Review’’ (June 5, 2014). Committee business. The final agenda

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will be posted on the NIST Web site at ACTION: Notice of a public hearing. fish during the seasonal closure http://www.nist.gov/director/vcat/ established in Action 1 (Preferred). agenda.cfm. Interested members of the SUMMARY: The Caribbean Fishery Sub-Alternative a: Abrir La Sierra public will be able to participate in the Management Council (Council) will Bank (Preferred). meeting from remote locations by hold a public hearing to obtain Sub-Alternative b: Tourmaline Bank participating in a webinar/ comments from fishers, the general (Preferred). teleconference. public and the local agencies Individuals and representatives of representatives on the proposed actions Action 3: Modify Spiny Lobster Fishing organizations who would like to offer for closed seasons in each of the Abrir Activities comments and suggestions related to the la Sierra, Bajo de Sico and Tourmaline Alternative 1: No Action: Retain the Committee’s affairs are invited to Bank closed areas. existing spiny lobster regulations in request a place on the agenda. DATES: The hearing will be held on July each of the Abrir La Sierra Bank, Approximately one-half hour of the 18, 2014, from 7 p.m. to 10 p.m. Bajo de Sico, and Tourmaline Bank meeting will be reserved from 12:00 ADDRESSES: The hearing will be held at closed areas. p.m.–12:30 p.m. Eastern Time for public the Mayaguez Holiday Inn, 2701 Hostos Alternative 2: Prohibit fishing for spiny comments, and speaking times will be Avenue, Mayaguez, Puerto Rico. lobster in Bajo de Sico during the assigned on a first-come, first-serve FOR FURTHER INFORMATION CONTACT: seasonal closure established in basis. The amount of time per speaker Caribbean Fishery Management Council, Action 1. will be determined by the number of 270 Mun˜ oz Rivera Avenue, Suite 401, Alternative 3: Prohibit fishing for and requests received, but is likely to be San Juan, Puerto Rico 00918–1903, possession of spiny lobster during about 3 minutes each. Questions from telephone: (787) 766–5926. the seasonal closure established in the public will not be considered during SUPPLEMENTARY INFORMATION: The Action 1. this period. Speakers who wish to Council will hold a public hearing to Sub-Alternative a: Abrir La Sierra expand upon their oral statements, take comments on the following Bank. those who had wished to speak but proposed actions: Sub-Alternative b: Bajo de Sico. could not be accommodated on the Sub-Alternative c: Tourmaline Bank. agenda, and those who were unable to Action 1: Modify the Length of the Closed Fishing Season Alternative 4: Prohibit fishing for spiny participate are invited to submit written lobster year round. statements to VCAT, NIST, 100 Bureau Alternative 1: No Action: Retain the Sub-Alternative a: Abrir La Sierra Drive, MS 1060, Gaithersburg, existing length of the closed season Bank. Maryland, 20899, via fax at 301–216– in each of the Abrir La Sierra Bank, Sub-Alternative b: Bajo de Sico. 0529 or electronically by email to Bajo de Sico, and Tourmaline Bank Sub-Alternative c: Tourmaline Bank. [email protected]. closed areas. Alternative 5: Prohibit fishing for and All participants in the meeting are Alternative 2: Modify the Bajo de Sico possession of spiny lobster year required to pre-register. Anyone wishing closed season to be December 1– round. to participate must register by close of February 28. business Monday, July 7, 2014 in order Alternative 3: Modify the closed season Sub-Alternative a: Abrir La Sierra to be included. Please submit your to be October 1–March 31 Bank. name, email address and phone number (Preferred). Sub-Alternative b: Bajo de Sico. to Stephanie Shaw by 5:00 p.m. Eastern Sub-Alternative a: Abrir La Sierra Sub-Alternative c: Tourmaline Bank. Time, Monday, July 7, 2014. After pre- Bank (Preferred). Alternative 6: Allow fishing for spiny registering, participants will be Sub-Alternative b: Tourmaline Bank lobster year round (Preferred). provided with detailed instructions on (Preferred). Sub-Alternative a: Abrir La Sierra how to dial in from a remote location in Alternative 4: Modify the closed season Bank (Preferred). order to participate. Ms. Shaw’s email to be December 1–May 31. Sub-Alternative b: Bajo de Sico address is [email protected] and Sub-Alternative a: Abrir La Sierra (Preferred). her phone number is 301–975–2667. Bank. Sub-Alternative c: Tourmaline Bank Sub-Alternative b: Bajo de Sico. (Preferred). Dated: June 19, 2014. Sub-Alternative c: Tourmaline Bank. Willie E. May, Alternative 5: Modify the closed season Action 4: Prohibit Anchoring Acting Under Secretary for Standards and to be year round. Alternative 1: No Action: Retain the Technology and Acting Director. Sub-Alternative a: Abrir La Sierra existing anchoring prohibitions in [FR Doc. 2014–15181 Filed 6–26–14; 8:45 am] Bank. each of the Abrir La Sierra Bank, BILLING CODE 3510–13–P Sub-Alternative b: Bajo de Sico. Bajo de Sico, and Tourmaline Bank Sub-Alternative c: Tourmaline Bank. closed areas. Alternative 2: Prohibit anchoring during DEPARTMENT OF COMMERCE Action 2: Modify Reef Fish Fishing Activities the seasonal closure established in National Oceanic and Atmospheric Alternative 1: No Action: Retain the Action 1. Administration existing reef fish harvest regulations Sub-Alternative a: Abrir La Sierra in each of the Abrir La Sierra Bank, Bank. RIN 0648–XD356 Bajo de Sico, and Tourmaline Bank Sub-Alternative b: Bajo de Sico. Sub-Alternative c: Tourmaline Bank. Caribbean Fishery Management closed areas. Alternative 3: Prohibit anchoring year Council; Public Hearing Alternative 2: Prohibit fishing for Council-managed reef fish in Bajo round (Preferred). AGENCY: National Marine Fisheries de Sico during the seasonal closure Sub-Alternative a: Abrir La Sierra Service (NMFS), National Oceanic and established in Action 1. Bank (Preferred). Atmospheric Administration (NOAA), Alternative 3: Prohibit fishing for and Sub-Alternative b: Tourmaline Bank Commerce. possession of Council-managed reef (Preferred).

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Action 5: Modify Highly Migratory Sub-Alternative a: Abrir La Sierra NE Ambassador Place, Suite 101, Species Fishing Activities Bank (Preferred). Portland, OR 97220–1384; telephone: Sub-Alternative b: Bajo de Sico Alternative 1: No Action: Retain the (503) 820–2280 (voice) or (503) 820– (Preferred). 2299 (fax). The Pacific Council may current Highly Migratory Species Sub-Alternative c: Tourmaline Bank (HMS) fishing regulations in each of provide one-way streaming of the (Preferred). meeting audio and presentations to the Abrir La Sierra Bank, Bajo de Alternative 4: Prohibit spearfishing for broaden the potential audience. If such Sico, and Tourmaline Bank closed all non-HMS-managed species year- areas. round. arrangements are made, the details will Alternative 2: Upon request of the Sub-Alternative a: Abrir La Sierra be posted on the Pacific Council Web Council, prohibit bottom longline Bank. page in advance of the session. fishing for HMS year-round in Bajo Sub-Alternative b: Bajo de Sico. FOR FURTHER INFORMATION CONTACT: Mr. de Sico (Preferred). Sub-Alternative c: Tourmaline Bank. Alternative 3: Upon request of the Mike Burner, telephone: (503) 820– Written comments can be sent to the 2414. Council, prohibit fishing for, and Council not later than July 31st, 2014, possession of, HMS in some or all by regular mail to the address below, or SUPPLEMENTARY INFORMATION: The of the three areas during the via email to [email protected]. primary purpose of the work session is seasonal closure established in Special Accommodations to review and respond to Pacific Action 1. Council guidance from the June 2014 Sub-Alternative a: Abrir La Sierra These meetings are physically Pacific Council meeting and to continue Bank. accessible to people with disabilities. to develop recommendations on the Sub-Alternative b: Bajo de Sico. For more information or request for sign Sub-Alternative c: Tourmaline Bank. language interpretation and other status of Lower Columbia River coho Alternative 4: Upon request of the auxiliary aids, please contact Mr. stocks, alternative harvest policies, and Council, prohibit fishing for HMS Miguel A. Rolo´n, Executive Director, risk assessment analyses and criteria. in some or all of the three areas Caribbean Fishery Management Council, Although non-emergency issues not during the seasonal closure 270 Mun˜ oz Rivera Avenue, Suite 401, contained in the LRC Workgroup established in Action 1, with an San Juan, Puerto Rico, 00918–1903, meeting agendas may come before the exception that would allow only telephone (787) 766–5926, at least 5 LRC Workgroup for discussion, those surface trolling, as defined at days prior to the meeting date. issues may not be the subject of formal § 635.21(a)(4)(iv), for all HMS Dated: June 24, 2014. LRC Workgroup action during this (Preferred). Tracey L. Thompson, meeting. LRC Workgroup action will be Sub-Alternative a: Abrir La Sierra Acting Deputy Director, Office of Sustainable restricted to those issues specifically Bank (Preferred). Fisheries, National Marine Fisheries Service. listed in this document and to any Sub-Alternative b: Bajo de Sico [FR Doc. 2014–15057 Filed 6–26–14; 8:45 am] issues arising after publication of this (Preferred). document requiring emergency action Sub-Alternative c: Tourmaline Bank BILLING CODE 3510–22–P under Section 305(c) of the Magnuson- (Preferred). Stevens Fishery Conservation and Alternative 5: Upon request of the DEPARTMENT OF COMMERCE Management Act, provided the public Council, allow fishing for bigeye, has been notified of the LRC albacore, yellowfin and skipjack National Oceanic and Atmospheric Workgroup’s intent to take final action (BAYS) tunas with speargun fishing Administration gear in some or all of the three areas to address the emergency. RIN 0648–XD355 during the seasonal closure Special Accommodations established in Action 1. Pacific Fishery Management Council; Sub-Alternative a: Abrir La Sierra Public Meeting This public meeting is physically Bank. accessible to people with disabilities. Sub-Alternative b: Bajo de Sico. AGENCY: National Marine Fisheries Requests for sign language Sub-Alternative c: Tourmaline Bank. Service (NMFS), National Oceanic and interpretation or other auxiliary aids Atmospheric Administration (NOAA), should be directed to Mr. Kris Action 6: Modify Spearfishing Commerce. Activities Kleinschmidt at (503) 820–2425 (voice), ACTION: Notice of public meeting. or (503) 820–2299 (fax) at least 5 days Alternative 1: No Action: Retain the prior to the meeting date. existing spearfishing regulations in SUMMARY: The Pacific Fishery each of the Abrir La Sierra Bank, Management Council’s (Pacific Council) Authority: 16 U.S.C. 1801 et seq. Bajo de Sico, and Tourmaline Bank ad hoc Lower Columbia River Natural Dated: June 24, 2014. Coho Workgroup (LRC Workgroup) will closed areas. Tracey L. Thompson, Alternative 2: Prohibit spearfishing for hold a public work session in Portland, OR. The meeting is open to the public, Acting Deputy Director, Office of Sustainable Council-managed reef fish during Fisheries, National Marine Fisheries Service. the seasonal closure established in but is not intended as a public hearing. Action 1. Public comments will be taken at the [FR Doc. 2014–15056 Filed 6–26–14; 8:45 am] Sub-Alternative a: Abrir La Sierra discretion of the LRC Workgroup chair BILLING CODE 3510–22–P Bank. as time allows. Sub-Alternative b: Bajo de Sico. DATES: The work session will begin at 9 Sub-Alternative c: Tourmaline Bank. a.m. on Wednesday, July 16, 2014 and Alternative 3: Prohibit spearfishing for will proceed until 5 p.m. or until all non-HMS-managed species business for the day is completed. during the seasonal closure ADDRESSES: The work session will be established in Action 1 (Preferred). held at the Pacific Council office, 7700

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DEPARTMENT OF COMMERCE 2014, NTIA convened the first meeting 2013/privacy-multistakeholder-process- of the multistakeholder process, facial-recognition-technology, for the National Telecommunications and followed by additional meetings most current information. Information Administration through June 2014. Dated: June 24, 2014. Matters to Be Considered: The July 24, Kathy Smith, Multistakeholder Process To Develop 2014 meeting is a continuation of a Consumer Data Privacy Code of series of NTIA-convened Chief Counsel, National Telecommunications Conduct Concerning Facial multistakeholder discussions and Information Administration. Recognition Technology concerning facial recognition [FR Doc. 2014–15094 Filed 6–26–14; 8:45 am] BILLING CODE 3510–60–P AGENCY: National Telecommunications technology. Stakeholders will engage in and Information Administration, U.S. an open, transparent, consensus-driven Department of Commerce. process to develop a code of conduct regarding facial recognition technology. DEPARTMENT OF COMMERCE ACTION: Notice of Open Meeting. The July 24, 2014 meeting will build on Patent and Trademark Office SUMMARY: The National stakeholders’ previous work. More Telecommunications and Information information about stakeholders’ work is [Docket No. PTO–P–2014–0031] Administration (NTIA) will convene a available at: http://www.ntia.doc.gov/ other-publication/2014/privacy- Request for Comments on Trial meeting of a privacy multistakeholder Proceedings Under the America process concerning the commercial use multistakeholder-process-facial- recognition-technology. Invents Act Before the Patent Trial and of facial recognition technology on July Appeal Board 24, 2014. Time and Date: NTIA will convene a meeting of the privacy multistakeholder DATES: The meeting will be held on July AGENCY: United States Patent and process regarding facial recognition 24, 2014 from 1:00 p.m. to 5:00 p.m., Trademark Office, Commerce. technology on July 24, 2014, from 1:00 Eastern Time. See Supplementary ACTION: Request for comments. p.m. to 5:00 p.m., Eastern Time. The Information for details. meeting date and time are subject to SUMMARY: The Leahy-Smith America ADDRESSES: The meeting will be held in change. The meeting is subject to the Boardroom at the American Institute Invents Act (AIA) provided for new cancelation if stakeholders complete administrative trial proceedings before of Architects, 1735 New York Avenue their work developing a code of NW., Washington, DC 20006. the Patent Trial and Appeal Board conduct. Please refer to NTIA’s Web (Board). The United States Patent and FOR FURTHER INFORMATION CONTACT: John site, http://www.ntia.doc.gov/other- Trademark Office (USPTO) issued a Verdi, National Telecommunications publication/2014/privacy- number of final rules and a trial practice and Information Administration, U.S. multistakeholder-process-facial- guide in August and September of 2012 Department of Commerce, 1401 recognition-technology, for the most to implement the new administrative Constitution Avenue NW., Room 4725, current information. trial provisions of the AIA. The USPTO Washington, DC 20230; telephone (202) Place: The meeting will be held in the now is seeking public comment on all 482–8238; email [email protected]. Boardroom at the American Institute of aspects of the new administrative trial Please direct media inquiries to NTIA’s Architects, 1735 New York Avenue proceedings, including the Office of Public Affairs, (202) 482–7002; NW., Washington, DC 20006. The administrative trial proceeding rules email [email protected]. location of the meeting is subject to and trial practice guide. SUPPLEMENTARY INFORMATION: change. Please refer to NTIA’s Web site, DATES: Comment Deadline Date: Written Background: On February 23, 2012, http://www.ntia.doc.gov/other- comments must be received on or before the White House released Consumer publication/2014/privacy- September 16, 2014. Data Privacy in a Networked World: A multistakeholder-process-facial- Framework for Protecting Privacy and recognition-technology, for the most ADDRESSES: Comments must be sent by Promoting Innovation in the Global current information. electronic mail message over the Digital Economy (the ‘‘Privacy Other Information: The meeting is Internet addressed to: TrialsRFC2014@ Blueprint’’).1 The Privacy Blueprint open to the public and the press. The uspto.gov. directs NTIA to convene meeting is physically accessible to Electronic comments submitted in people with disabilities. Requests for plain text are preferred, but also may be multistakeholder processes to develop ® legally enforceable codes of conduct sign language interpretation or other submitted in ADOBE portable auxiliary aids should be directed to John document format or MICROSOFT that specify how the Consumer Privacy ® Bill of Rights applies in specific Verdi at (202) 482–8238 or jverdi@ WORD format. Comments not business contexts.2 On December 3, ntia.doc.gov at least seven (7) business submitted electronically should be 2013, NTIA announced that it would days prior to the meeting. The meeting submitted on paper in a format that will also be webcast. Requests for real- facilitates convenient digital scanning convene a multistakeholder process ® with the goal of developing a code of time captioning of the webcast or other into ADOBE portable document conduct to protect consumers’ privacy auxiliary aids should be directed to John format. The comments will be available and promote trust regarding facial Verdi at (202) 482–8238 or jverdi@ for viewing via the USPTO’s Internet recognition technology in the ntia.doc.gov at least seven (7) business Web site (http://www.uspto.gov). commercial context.3 On February 6, days prior to the meeting. There will be Because comments will be made an opportunity for stakeholders viewing available for public inspection, 1 The Privacy Blueprint is available at http:// the webcast to participate remotely in information that the submitter does not www.whitehouse.gov/sites/default/files/privacy- the meeting through a moderated desire to make public, such as an final.pdf. conference bridge, including polling address or phone number, should not be 2 Id. functionality. Access details for the included in the comments. 3 NTIA, Facial Recognition Technology, http:// FOR FURTHER INFORMATION CONTACT: www.ntia.doc.gov/other-publication/2013/privacy- meeting are subject to change. Please multistakeholder-process-facial-recognition- refer to NTIA’s Web site, http:// Scott R. Boalick, Vice Chief technology. www.ntia.doc.gov/other-publication/ Administrative Patent Judge (Acting),

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Patent Trial and Appeal Board, at 571– public with statistics concerning the 35 U.S.C. 142 must be filed with the 272–8138. administrative trial proceedings, as well Director of the United States Patent and SUPPLEMENTARY INFORMATION: Sections as lessons learned for filing effective Trademark Office as provided in § 104.2 3, 6, and 18 of the AIA provided for the petitions and preliminary patent owner of this title,’’ and that the notice must following new Board administrative statements, engaging in successful include a description of the issues trial proceedings: (1) Inter partes discovery and amendment practice, and expected to be pursued on appeal. review; (2) post-grant review; (3) effectively presenting a case at oral Section 104.2 provides that such notice covered business method patents hearing. The Board also received should be sent to the Office of the review; and (4) derivation proceedings. feedback from the public on the AIA General Counsel, of which the Public Law 112–29, 125 Stat. 284 administrative trial proceeding rules Solicitor’s Office is a part. Thus, the (2011). The USPTO issued a number of and trial practice guide, as well as on current Office rules governing service of final rules and a trial practice guide in experiences in general with the AIA a notice of appeal already provide for August and September of 2012 to administrative trial proceedings. More service on the Solicitor. Importantly, implement the new administrative trial information about the roundtables is notice to the Office of the General provisions of the AIA. See Rules of available at http://www.uspto.gov/ip/ Counsel of an appeal taken from a Board boards/bpai/ptab_aia_trial_ decision provides the Solicitor with an Practice for Trials Before the Patent _ Trial and Appeal Board and Judicial roundtables 2014.jsp. opportunity to intervene in the appeal Review of Patent Trial and Appeal More specifically, during the AIA on behalf of the USPTO. Failure to roundtables, the USPTO received some Board Decisions, 77 FR 48612 (Aug. 14, notify the USPTO properly of the filing comments of a non-rule specific nature. 2012) (final rule); Changes to Implement of a notice of appeal may result in the The Board does not anticipate these Inter Partes Review Proceedings, Post- Solicitor belatedly seeking to intervene comments necessitating any changes to Grant Review Proceedings, and in the appeal once the USPTO becomes the current AIA trial proceeding rules, Transitional Program for Covered aware of the appeal through other as discussed below. Business Method Patents, 77 FR 48680 means. Due to past failures of parties to At least one participant at the AIA comply with this rule, the Board (Aug. 14, 2012) (final rule); Transitional roundtables commented that the Board’s Program for Covered Business Method typically adds a reminder at the end of Scheduling Order should require parties final, appealable Board decisions that Patents—Definitions of Covered to an AIA trial to engage in a settlement Business Method Patent and the parties must comply with the notice discussion. The current AIA trial and service requirements of § 90.2, Technological Invention, 77 FR 48734 proceeding rules do not dictate the (Aug. 14, 2012) (final rule); Changes to should they seek judicial review of the contents of scheduling orders in AIA decision. Implement Derivation Proceedings, 77 trials. Rather, Appendix A of the Office FR 56068 (Sept. 11, 2012) (final rule); Patent Trial Practice Guide (‘‘trial At least one participant at the AIA and Office Patent Trial Practice Guide, practice guide’’) provides sample roundtables commented that the Board 77 FR 48756 (Aug. 14, 2012). scheduling orders. Further, the trial should not continue a trial if the parties During the rulemaking to implement practice guide states, ‘‘There are strong settle the matter because continuation of the administrative trial provisions of the public policy reasons to favor settlement the trial is unfair to the parties. The AIA, the USPTO held AIA roadshows in between the parties to a proceeding. The statute provides for settlement of inter eighteen cities to engage with the Board will be available to facilitate partes review, post-grant review, and public. In issuing the administrative settlement discussions, and where covered business method patents review trial proceeding rules and trial practice appropriate, may require a settlement proceedings. 35 U.S.C. 317, 327, and guide, the USPTO committed to discussion as part of the proceeding.’’ section 18(a)(1) of the AIA. The statute revisiting the rules and practice guide Trial practice guide, section N. also provides that after termination of once the Board and public had operated Generally, the Board strongly such a proceeding with respect to a under the rules and practice guide for encourages the parties to engage in petitioner, if no petitioner remains in some period and had gained experience settlement discussions. Should the the proceeding, ‘‘the Office may with the new administrative trial Board move forward with changes to the terminate the review or proceed to a proceedings. The Board and public now AIA trial proceeding rules, the Board final written decision.’’ In keeping with have eighteen months of experience will consider whether to amend the statute, 37 CFR 42.74(a) provides with the new administrative trial Appendix A of the trial practice guide that, while the parties may agree to proceedings, and, therefore, the USPTO to provide an example order in which settle any issue in a proceeding, the has determined that it is time to seek the parties are required to engage in a Board is not a party to the settlement public input on the AIA administrative settlement discussion by a specified and independently may determine any trial proceeding rules and trial practice date. The exact content of any question of jurisdiction, patentability, or guide in light of this experience. scheduling order will remain within the Office practice. In issuing this final rule, The USPTO began the process of discretion of the judge(s) issuing the the USPTO responded to comments on revisiting the AIA administrative trial order. this matter explaining that the statutory proceeding rules and trial practice guide At least one participant at the AIA language for inter partes and post-grant by engaging in a nation-wide listening roundtables commented that a notice of reviews confers discretion to the Board tour. The USPTO conducted a series of appeal from a Board decision rendered to terminate or proceed to a final written eight roundtables in April and May of in an AIA trial should be required to be decision based on the facts in a 2014, held in Alexandria, New York served on the Solicitor. The USPTO has particular review. 77 FR at 48469. The City, Chicago, Detroit, Silicon Valley, experienced problems in the past with determination by the Board to proceed Seattle, Dallas, and Denver, to share parties who seek an appeal from a Board to a final written decision is made information concerning the AIA decision in an AIA trial failing to taking into account public policy administrative trial proceedings with comply with the notice and service considerations. In particular, if the the public and obtain public feedback requirements of 37 CFR 90.2. Section parties settle the matter late in the on these proceedings. At these 90.2 requires, in pertinent part, ‘‘In all proceeding after the Board has reached roundtables, the Board provided the appeals, the notice of appeal required by a determination of unpatentability as to

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one or more claims of the patent under At least one participant at the AIA construction in light of the specification review, the Board, in its discretion, may roundtables commented that the Board of the patent in which it appears? determine that proceeding to a final should enhance PRPS to permit non- Motion To Amend written decision is in the best interests parties to register to receive notices of of the public. Parties seeking to avoid decisions in a case. Another participant 2. What modifications, if any, should having a proceeding reach final written at the AIA roundtables commented that be made to the Board’s practice decision after settlement are encouraged the Board should enhance PRPS to regarding motions to amend? to settle the issues in the proceeding provide for better searchability of AIA Patent Owner Preliminary Response well in advance of the oral hearing. trial decisions. The Board is currently in 3. Should new testimonial evidence At least one participant at the AIA the process of developing a new PTAB be permitted in a Patent Owner roundtables asked for the USPTO’s End-to-End information technology Preliminary Response? If new interpretation of the estoppel effect of a system (‘‘PTAB E2E’’) that, once fully testimonial evidence is permitted, how deployed, will provide additional Board decision on civil actions and can the Board meet the statutory features to the public portion of the other proceedings. See 35 U.S.C. deadline to determine whether to system. The Board will bear in mind the 315(e)(2) and 325(e)(2). The scope or institute a proceeding while ensuring input received at the AIA roundtables in interpretation of the estoppel provisions fair treatment of all parties? of the statute as they pertain to civil developing requirements for PTAB E2E. actions and other proceedings outside In the meantime, interim solutions are Obviousness the Office is not a matter for comment being explored to make AIA trial 4. Under what circumstances should by the USPTO. Rather, the federal courts decisions more easily accessible and the Board permit discovery of evidence are best positioned to interpret the searchable on the PTAB Web page. of non-obviousness held by the statutory estoppel language as it applies At least one participant at the AIA petitioner, for example, evidence of to civil actions and other proceedings roundtables commented that the Board commercial success for a product of the outside the USPTO in the context of the should offer more statistics about AIA petitioner? What limits should be particular facts in a given case. trial proceedings, including showing the placed on such discovery to ensure that At least one participant at the AIA outcome of final written decisions by the trial is completed by the statutory roundtables commented that the Board the technology center that issued the deadline? should issue more precedential and patent and correlating the number of Real Party in Interest informative AIA trial decisions to preliminary patent owner responses provide guidance for practitioners. The with decisions to institute trial. PRPS 5. Should a patent owner be able to Board has posted representative has certain limitations in its structure raise a challenge regarding a real party decisions from AIA trials on its Web that do not allow for easy extraction of in interest at any time during a trial? page. The Board is in the process of data in an automated fashion. These Additional Discovery vetting additional AIA trial decisions for limitations make it particularly difficult potential designation as precedential and time consuming for the Board to 6. Are the factors enumerated in the and informative. Additional present statistics on AIA trials. Board’s decision in Garmin v. Cuozzo, precedential and informative AIA trial Currently, the Board calculates AIA trial IPR2012–00001, appropriate to consider decisions will be posted to the Board’s statistics through manual data collection in deciding whether to grant a request Web page as these designations are means. With the number of AIA filings for additional discovery? What made. The Board’s Standard Operating and the number of active AIA trials on additional factors, if any, should be Procedure 2, which concerns the rise, the Board is finding the considered? publication of opinions and designation collection of such data to be even more Multiple Proceedings of opinions as precedential, provides difficult and time consuming. As 7. How should multiple proceedings that an appellant, patentee, petitioner, requirements are developed for PTAB before the USPTO involving the same or a third party member of the public E2E, data extraction and analysis will be patent be coordinated? Multiple may, within 60 days of issuance of an kept in mind so that the next generation proceedings before the USPTO include, opinion, request in writing that an PTAB IT system will allow provision of for example: (i) Two or more separate opinion be made precedential by more statistical data about AIA trials. In AIA trials; (ii) an AIA trial and a forwarding the request, along with the meantime, the Board is working to reexamination proceeding; or (iii) an accompanying reasons, to the Chief enhance AIA trial statistics published AIA trial and a reissue proceeding, Judge. SOP2, § II.C. The Board regularly on the Board’s Web page. 8. What factors should be considered encourages members of the public to As discussed previously, the USPTO in deciding whether to stay, transfer, notify the Chief Judge if members of the is seeking public comment on all consolidate, or terminate an additional public deem an opinion rendered by the aspects of the new administrative trial proceeding involving the same patent Board in an AIA trial suitable for proceedings, including the after a petition for AIA trial has been designation as precedential. administrative trial proceeding rules filed? At least one participant at the AIA and trial practice guide. The following 9. Under what circumstances, if any, roundtables commented that the Board are issues on which the USPTO is should a copending reexamination should make audio files or transcripts of especially interested in receiving public proceeding or reissue proceeding be oral arguments in AIA trials available to comment, as these issues were most stayed in favor of an AIA trial? If a stay the public. The Board currently employs frequently raised during the is entered, under what circumstances court reporters at all AIA trial hearings roundtables: should the stay be lifted? to create a written transcript of each 10. Under what circumstances, if any, Claim Construction Standard hearing. These transcripts are made should an AIA trial be stayed in favor available to the public through the 1. Under what circumstances, if any, of a copending reexamination Patent Review Processing System should the Board decline to construe a proceeding or reissue proceeding? If a (PRPS), which is accessible via the claim in an unexpired patent in stay is entered, under what Board’s Web page. accordance with its broadest reasonable circumstances should the stay be lifted?

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11. Under what circumstances, if any, agency employing persons who are NY. should a copending reexamination blind or have other severe disabilities Patricia Briscoe, proceeding or reissue proceeding be and to delete products previously Deputy Director, Business Operations (Pricing consolidated with an AIA trial? furnished by such agencies. and Information Management). 12. How should consolidated proceedings be handled before the DATES: Comments Must Be Received on [FR Doc. 2014–15048 Filed 6–26–14; 8:45 am] USPTO? Consolidated proceedings or Before: 7/28/2014. BILLING CODE 6353–01–P include, for example: (i) Consolidated ADDRESSES: Committee for Purchase AIA trials; (ii) an AIA trial consolidated From People Who Are Blind or Severely COMMITTEE FOR PURCHASE FROM with a reexamination proceeding; or (iii) Disabled, 1401 S. Clark Street, Suite PEOPLE WHO ARE BLIND OR an AIA trial consolidated with a reissue 10800, Arlington, Virginia 22202–4149. SEVERELY DISABLED proceeding. FOR FURTHER INFORMATION OR TO SUBMIT 13. Under what circumstances, if any, Procurement List; Additions And should a petition for an AIA trial be COMMENTS CONTACT: Barry S. Lineback, Deletion rejected because the same or Telephone: (703) 603–7740, Fax: (703) substantially the same prior art or 603–0655, or email CMTEFedReg@ AGENCY: Committee for Purchase From arguments previously were presented to AbilityOne.gov. People Who Are Blind or Severely the USPTO in a different petition for an Disabled. AIA trial, in a reexamination proceeding SUPPLEMENTARY INFORMATION: This ACTION: Additions to and Deletion from or in a reissue proceeding? notice is published pursuant to 41 the Procurement List. U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its Extension of 1 Year Period To Issue purpose is to provide interested persons SUMMARY: This action adds products to Final Determination an opportunity to submit comments on the Procurement List that will be 14. What circumstances should the proposed actions. furnished by nonprofit agencies constitute a finding of good cause to employing persons who are blind or extend the 1-year period for the Board Addition have other severe disabilities, and to issue a final determination in an AIA If the Committee approves the deletes a service from the Procurement trial? proposed additions, the entities of the List previously furnished by such agencies. Oral Hearing Federal Government identified in this notice will be required to procure the DATES: Effective Date: 7/28/2014. 15. Under what circumstances, if any, service listed below from nonprofit ADDRESSES: Committee for Purchase should live testimony be permitted at agency employing persons who are From People Who Are Blind or Severely the oral hearing? 16. What changes, if any, should be blind or have other severe disabilities. Disabled, 1401 S. Clark Street, Suite made to the format of the oral hearing? The following service is proposed for 10800, Arlington, Virginia 22202–4149. addition to Procurement List for FOR FURTHER INFORMATION CONTACT: General production by the nonprofit agency Barry S. Lineback, Telephone: (703) 17. What other changes can and listed: 603–7740, Fax: (703) 603–0655, or email should be made in AIA trial [email protected]. Service proceedings? For example, should SUPPLEMENTARY INFORMATION: changes be made to the Board’s Service Type/Location: Contact Center, approach to instituting petitions, page Centers for Medicare and Medicaid Additions limits, or request for rehearing practice? Services, 7500 Security Boulevard, On 5/2/2014 (78 FR No. 85) and 5/23/ Baltimore, MD. Dated: June 23, 2014. 2014 (79 FR No. 100), the Committee for NPA: InspiriTec, Inc., Philadelphia, PA. Purchase From People Who Are Blind Michelle K. Lee, Contracting Activity: DEPT OF HHS/CMS, or Severely Disabled published notice of Deputy Under Secretary of Commerce for Centers for Medicare and Medicaid proposed additions to the Procurement Intellectual Property and, Deputy Director of Services, Baltimore, MD. the United States Patent and Trademark List. Office. Deletions After consideration of the material presented to it concerning capability of [FR Doc. 2014–15171 Filed 6–26–14; 8:45 am] qualified nonprofit agencies to provide BILLING CODE 3510–16–P The following products are proposed for deletion from the Procurement List: the products and impact of the additions on the current or most recent Products contractors, the Committee has COMMITTEE FOR PURCHASE FROM NSN: 8115–00–511–5750—Box, Set-Up, determined that the products listed PEOPLE WHO ARE BLIND OR Mailing Dental. below are suitable for procurement by SEVERELY DISABLED NPA: Blind Industries & Services of the Federal Government under 41 U.S.C. Maryland, Baltimore, MD. Procurement List; Proposed Additions 8501–8506 and 41 CFR 51–2.4. Contracting Activity: DLA TROOP SUPPORT, and Deletions PHILADELPHIA, PA. Regulatory Flexibility Act Certification AGENCY: Committee for Purchase From NSN: 7530–01–515–7900—Paper, Printer, Ink I certify that the following action will People Who Are Blind or Severely Jet, Photo Quality, Double Side, Matte, not have a significant impact on a Disabled. Letter, 99 Bright White. substantial number of small entities. ACTION: Proposed Addition to and NSN: 7530–01–515–7471—Paper, Printer, Ink The major factors considered for this Deletions From Procurement List. Jet, Photo Quality, 24 lb., Letter, 94 certification were: Bright White. 1. The action will not result in any SUMMARY: The Committee is proposing NPA: Wiscraft, Inc., Milwaukee, WI. additional reporting, recordkeeping or to add a service to the Procurement List Contracting Activity: GSA/FSS OFC SUP other compliance requirements for small that will be furnished by nonprofit CTR—PAPER PRODUCTS, NEW YORK, entities other than the small

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organizations that will furnish the Regulatory Flexibility Act Certification Dated: June 17, 2014. products to the Government. Todd A. Stevenson, I certify that the following action will 2. The action will result in not have a significant impact on a Secretary. authorizing small entities to furnish the substantial number of small entities. [FR Doc. 2014–15240 Filed 6–25–14; 4:15 pm] products to the Government. The major factors considered for this BILLING CODE 6355–01–P 3. There are no known regulatory certification were: alternatives which would accomplish 1. The action will not result in the objectives of the Javits-Wagner- additional reporting, recordkeeping or CORPORATION FOR NATIONAL AND O’Day Act (41 U.S.C. 8501–8506) in other compliance requirements for small COMMUNITY SERVICE connection with the products proposed entities. for addition to the Procurement List. 2. The action may result in Proposed Information Collection; authorizing small entities to furnish the Comment Request End of Certification service to the Government. AGENCY: Corporation for National and Accordingly, the following products 3. There are no known regulatory Community Service. are added to the Procurement List: alternatives which would accomplish ACTION: Notice. the objectives of the Javits-Wagner- Products O’Day Act (41 U.S.C. 8501–8506) in SUMMARY: The Corporation for National NSN: 4510–00–NIB–0113—Clean-Up Kit, connection with the service deleted and Community Service (CNCS), as part Body Fluid Spill and Splatter, Surface from the Procurement List. of its continuing effort to reduce Decontamination paperwork and respondent burden, NPA: Envision, Inc., Wichita, KS End of Certification Contracting Activity: Defense Logistics conducts a pre-clearance consultation Agency, DLA TROOP SUPPORT, Accordingly, the following service is program to provide the general public Philadelphia, PA deleted from the Procurement List: and federal agencies with an Coverage: C-List for 100% of the requirement Service opportunity to comment on proposed of the Department of Defense, as and/or continuing collections of Service Type/Location: Janitorial/Custodial, aggregated by the Defense Logistics information in accordance with the Social Security Administration Building, Agency Troop Support, Philadelphia, PA 612 N. Church Street, Rockford, IL. Paperwork Reduction Act of 1995 NSN: MR 1189—Drying Mat, Microfiber, NPA: OMNI Business Services, Inc., (PRA95) (44 U.S.C. 3506(c)(2)(A)). This Holiday Themed Rockford, IL. program helps to ensure that requested NPA: New York City Industries for the Blind, Contracting Activity: GENERAL SERVICES data can be provided in the desired Inc., Brooklyn, NY ADMINISTRATION, FPDS AGENCY format, reporting burden (time and NSN: MR 1194—Bottle, Water, Reusable, COORDINATOR, Washington DC. financial resources) is minimized, 26oz Patricia Briscoe, collection instruments are clearly NPA: Industries for the Blind, Inc., West understood, and the impact of collection Allis, WI Deputy Director, Business Operations, Pricing Contracting Activity: Military Resale-Defense and Information Management. requirement on respondents can be properly assessed. Commissary Agency, Fort Lee, VA [FR Doc. 2014–15049 Filed 6–26–14; 8:45 am] Currently, CNCS is soliciting Coverage: C-List for the requirements of BILLING CODE 6353–01–P military commissaries and exchanges as comments concerning its proposed aggregated by the Defense Commissary national evaluation of School Agency. Turnaround AmeriCorps. The primary NSN: 7520–00–NIB–2194—Pen, Ergonomic, CONSUMER PRODUCT SAFETY purpose of the analysis is to assess the Low Viscosity Ink, Retractable, Wide COMMISSION effects that AmeriCorps members who body, Black, 1mm provide direct services in schools make NSN: 7520–00–NIB–2196—Pen, Ergonomic, Sunshine Act Meeting Notice on the success of school turnaround Low Viscosity Ink, Retractable, Wide models and seek to understand the body, Blue, 1mm TIME AND DATE: Wednesday June 25, mechanisms by which this happens. NPA: Industries for the Blind, Inc., West Data will be collected from School Allis, WI 2014, 10 a.m.–12 p.m. Contracting Activity: FEDERAL PLACE: Hearing Room 420, Bethesda Turnaround AmeriCorps grantees and ACQUISITION SERVICE, GSA/FSS OFC Towers, 4330 East West Highway, schools as well as from a group of SUP CTR—PAPER PRODUCTS, New Bethesda, Maryland. matched comparison schools. School York, NY Turnaround AmeriCorps grantees are Coverage: A-List for the Total Government STATUS: Commission Meeting—Open to required to participate in the evaluation Requirement as aggregated by the the Public. as a condition of their funding. General Services Administration. MATTER TO BE CONSIDERED: Briefing Copies of the information collection Deletions Matter: Infant Slings Proposed Rule request can be obtained by contacting (Section 104). the office listed in the Addresses section On 5/16/2014 (79 FR No. 95), the A live webcast of the Meeting can be of this Notice. Committee for Purchase From People viewed at www.cpsc.gov/live. DATES: Written comments must be Who Are Blind or Severely Disabled For a recorded message containing the submitted to the individual and office published notice of proposed deletions latest agenda information, call (301) listed in the ADDRESSES section by from the Procurement List. 504–7948. August 26, 2014. After consideration of the relevant CONTACT PERSON FOR MORE INFORMATION: ADDRESSES: You may submit comments, matter presented, the Committee has Todd A. Stevenson, Office of the identified by the title of the information determined that the service listed below Secretary, U.S. Consumer Product collection activity, by any of the are no longer suitable for procurement Safety Commission, 4330 East West following methods: by the Federal Government under 41 Highway, Bethesda, MD 20814, (301) (1) By mail sent to: Corporation for U.S.C. 8501–8506 and 41 CFR 51–2.4. 504–7923. National and Community Service, Office

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of Research and Evaluation; Attention including the validity of the teachers, and parents using online Diana Epstein, Senior Research Analyst, methodology and assumptions used; surveys and semi-structured interviews 10th floor; 1201 New York Avenue NW., • Enhance the quality, utility, and and focus groups conducted in person Washington, DC 20525. clarity of the information to be and by phone. (2) By hand delivery or by courier to collected; and Type of Review: New. the CNCS mailroom at Room 8100 at the • Minimize the burden of the Agency: Corporation for National and mail address given in paragraph (1) collection of information on those who Community Service. above, between 9:00 a.m. and 4:00 p.m. are expected to respond, including the Title: National Evaluation of School Eastern Time, Monday through Friday, use of appropriate automated, Turnaround AmeriCorps. except Federal holidays. electronic, mechanical, or other OMB Number: None. (3) Electronically through technological collection techniques or Agency Number: None. www.regulations.gov. other forms of information technology Affected Public: AmeriCorps grantee Individuals who use a (e.g., permitting electronic submissions staff, AmeriCorps members, school telecommunications device for the deaf of responses). leaders, teachers, and parents. (TTY–TDD) may call 1–800–833–3722 Total Respondents: 4236. Note that Background between 8:00 a.m. and 8:00 p.m. Eastern this is the sum total of survey Time, Monday through Friday. The national evaluation of School respondents and parents, since the same FOR FURTHER INFORMATION CONTACT: Turnaround AmeriCorps will use a individuals in the categories of grantee Diana Epstein, 202–606–7564, or by quasi-experimental design that staff, AmeriCorps members, school email at [email protected]. compares schools affected by School leaders, and teachers will take the SUPPLEMENTARY INFORMATION: CNCS is Turnaround AmeriCorps (i.e., the survey and participate in interview or particularly interested in comments treatment group) to a matched focus groups. that: comparison group of low performing Frequency: Some instruments will be • Evaluate whether the proposed schools without the School Turnaround administered twice per year, some only collection of information is necessary AmeriCorps initiative (i.e., the once per year. Data collection will occur for the proper performance of the comparison group). This research design for two years. See charts below for functions of CNCS, including whether will attempt to isolate the effects of details on respondents and frequency of the information will have practical AmeriCorps members’ service. data collection. utility; This is a new information collection Average Time per Response: Averages • Evaluate the accuracy of the request. Information will be collected 30 minutes. agency’s estimate of the burden of the from AmeriCorps grantee staff, Estimated Total Burden Hours: 2300 proposed collection of information, AmeriCorps members, school leaders, hours per year; 4600 total over 2 years.

Survey AmeriCorps Comparison Pre/post? Total

Grantee staff ...... 13 0 No ...... 13 AmeriCorps members ...... 440 0 No ...... 440 Principals ...... 62 62 Yes ...... 248 Teachers ...... 348 348 Yes ...... 1392 863 410 2093

Total respondents: 4186. Hours—2093 Minutes—125580

Interviews AmeriCorps Comparison Pre/post? Total

Grantee staff ...... 13 0 Yes ...... 26 AmeriCorps members ...... 26 0 No ...... 26 Principals ...... 26 26 Yes ...... 104 Teachers ...... 26 26 Yes ...... 104 Parents ...... 50 0 No ...... 50

Total respondents: 310. Total hours 2 years—4600 Dated: June 20, 2014. Stephen Plank, Minutes—9300 Total Burden Cost (capital/startup): Hours—155 None. Director, Office of Research and Evaluation. [FR Doc. 2014–14999 Filed 6–26–14; 8:45 am] Total Burden Cost (operating/ Focus group AmeriCorps BILLING CODE 6050–28–P maintenance): None. Grantee staff ...... 13 Comments submitted in response to AmeriCorps members ...... 39 Principals ...... 13 this notice will be summarized and/or DEPARTMENT OF DEFENSE Teachers ...... 39 included in the request for Office of Management and Budget approval of the Office of the Secretary Total respondents: 104. information collection request; they will also become a matter of public record. Establishment of Department of Minutes —3120 Defense Federal Advisory Committees Hours—52 Total hours per year—2300 AGENCY: DoD.

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ACTION: Establishment of Federal of the Judicial Proceedings Panel and mandatory minimum sentences Advisory Committee. the number and description of instances established by 10 U.S.C. 856(b) (article when punishments were reduced or set 56(b) of the UCMJ), as added by section SUMMARY: The Department of Defense aside upon appeal and the instances in 1705 of the FY 2014 NDAA, which (DoD) is publishing this notice to which the defendant appealed following requires at a minimum, that upon a announce that it is establishing the a plea agreement, if such information is finding of guilt for the offenses of rape, charter for the Judicial Proceedings available. sexual assault, aggravated sexual Since Fiscal Year 2012 Amendments e. Review and assess those instances contact, abusive sexual contact, rape Panel (‘‘the Judicial Proceedings in which prior sexual conduct of the and sexual assault of a child, forcible Panel’’). alleged victim was considered in a sodomy, and attempts to commit such FOR FURTHER INFORMATION CONTACT: Jim proceeding under 10 U.S.C. 832 (article acts, the punishment include dismissal Freeman, Advisory Committee 32 of the UCMJ), and any instances in or dishonorable discharge, except as Management Officer for the Department which prior sexual conduct was provided for by Article 60 of the UCMJ, of Defense, 703–692–5952. determined to be inadmissible. and the appropriateness of statutorily f. Review and assess those instances mandated minimum sentencing SUPPLEMENTARY INFORMATION: This in which evidence of prior sexual provisions for additional offenses under committee’s charter is being established conduct of the alleged victim was under the provisions of the Federal 10 U.S.C. chapter 47 (the UCMJ). introduced by the defense in a court- m. An assessment of the adequacy of Advisory Committee Act of 1972 (5 martial and what impact that evidence the provision of compensation and U.S.C. Appendix, as amended), the had on the case. restitution for victims of offenses under Government in the Sunshine Act of g. Building on the data compiled as a 10 U.S.C. chapter 47 (the UCMJ), and 1976 (5 U.S.C. 552b) (‘‘the Sunshine result of the assessment conducted by develop recommendations on Act’’), and 41 CFR 102–3.50(d). the Response Systems to Adult Sexual expanding such compensation and The Judicial Proceedings Panel is a Assault Crimes Panel (‘‘the Response restitution, including consideration of non-discretionary Federal advisory Systems Panel’’), a Federal advisory the options as follows: committee that will conduct an committee established pursuant to i. Providing the forfeited wages of independent review and assessment of section 576(a)(1) of the FY 2013 NDAA incarcerated members of the Armed judicial proceedings conducted under and in accordance with FACA, of the Forces to victims of offenses as the Uniform Code of Military Justice training level of military defense and compensation. (UCMJ) involving adult sexual assault trial counsel, assess the trends in the ii. Including bodily harm among the and related offenses since the training and experience levels of injuries meriting compensation for amendments made to the UCMJ by military defense and trial counsel in redress under 10 U.S.C. 939 (article 139 section 541 of the National Defense adult sexual assault cases and the of the UCMJ). Authorization Act of Fiscal Year 2012 impact of those trends in the iii. Requiring restitution by members (‘‘the FY 2012 NDAA’’) (Pub. L. 112–81) prosecution and adjudication of such of the Armed Forces to victims of their for the purpose of developing cases. offenses upon the direction of a court- recommendations for improvements to h. Monitor trends in the development, martial. such proceedings. The Judicial Panel utilization and effectiveness of the n. Consider such other matters and shall: special victims capabilities required by materials as the Judicial Proceedings a. Assess and make recommendations Section 573 of the FY 2013 NDAA. Panel considers appropriate for for improvements in the i. Monitor the implementation of the purposes of the reports. implementation of the reforms to the April 20, 2012, Secretary of Defense In conducting reviews and offenses relating to rape, sexual assault, policy memorandum regarding assessments and preparing reports, the and other sexual misconduct under the withholding initial disposition authority Judicial Proceedings Panel may review, UCMJ that were enacted by section 541 under the UCMJ in certain sexual and incorporate as appropriate, the data of the FY 2012 NDAA. assault cases. and findings of applicable ongoing and b. Review and evaluate current trends j. An assessment of the likely completed studies. The Judicial in response to sexual assault crimes consequences of amending the Proceedings Panel may hold such whether by courts-martial proceedings, definition of rape and sexual assault hearings, sit and act at such times and non-judicial punishment and under 10 U.S.C. 920 (article 120 of the places, take such testimony, and receive administrative actions, including the UCMJ), to expressly cover a situation in such evidence as it considers number of punishments by type, and the which a person subject to the UCMJ, appropriate to carry out its duties. Upon consistency and appropriateness of the commits a sexual act upon another request by the chair of the Judicial decisions, punishments, and person by abusing one’s position in the Proceedings Panel, a department or administrative actions based on the facts chain of command of the other person agency of the Federal Government shall of individual cases. to gain access to or coerce the other provide information that the Judicial c. Identify any trends in punishments person. Proceedings Panel considers necessary rendered by military courts, including k. An assessment of the to carry out its duties. general, special, and summary courts- implementation and effect of the Special Pursuant to sections 576(b)(1)(B) and martial, in response to sexual assault, Victim’s Counsel for victims of sex- (b)(2) of the FY 2013 NDAA, the Judicial including the number of punishments related offenses established by 10 U.S.C. Proceedings Panel shall be appointed by by type, and the consistency of the 1044e, as added by section 1716 of the the Secretary of Defense and consist of punishments, based on the facts of each FY 2014 NDAA, and make such five members, two of whom must have case compared with the punishments recommendations for modifications of served on the Response Systems to rendered by Federal and State criminal section 1044e as the Judicial Adult Sexual Assault Crimes Panel. courts. Proceedings Panel considers The members shall be selected from d. Review and evaluate court-martial appropriate. among private United States citizens convictions for sexual assault in the l. An assessment of the who collectively possess expertise in year covered by the most-recent report implementation and effect of the military law, civilian law, the

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investigation, prosecution, and Panel directly to the DoD or any Federal Officer for the Judicial Proceedings adjudication of sexual assaults in State officer or employee. Since Fiscal Year 2012 Amendments and Federal criminal courts, victim The Secretary of Defense shall Panel, and this individual will ensure advocacy, treatment for victims, military appoint subcommittee members even if that the written statements are provided justice, the organization and missions of the member in question is already a to the membership for their the Armed Force, and offenses relating member of the Judicial Proceedings consideration. Contact information for to rape, sexual assault, and other adult Panel. Such individuals, if not full-time the Judicial Proceedings Since Fiscal sexual assault crimes. The Chair shall be or part-time government personnel, Year 2012 Amendments Panel’s appointed by the Secretary of Defense shall be appointed as experts or Designated Federal Officer can be from among the members of the Judicial consultants under the authority of 5 obtained from the GSA’s FACA Proceedings Panel. U.S.C. 3109 to serve as SGE members. Database—http://facadatabase.gov/. Members shall be appointed for the Subcommittee members shall serve for The Designated Federal Officer, life of the Judicial Proceedings Panel, the life of the subcommittee. With the pursuant to 41 CFR 102–3.150, will subject to annual renewals. Any exception of travel and per diem for announce planned meetings of the vacancy on the Judicial Proceedings official travel related to the Judicial Judicial Proceedings Since Fiscal Year Panel shall be filled in the same manner Proceedings Panel or its subcommittees, 2012 Amendments Panel. The as the original appointment. Panel subcommittee members shall serve Designated Federal Officer, at that time, members shall be appointed as experts without compensation. may provide additional guidance on the or consultants pursuant to 5 U.S.C. 3109 All subcommittees operate pursuant submission of written statements that to serve as special government to the provisions of FACA, the Sunshine are in response to the stated agenda for employee (SGE) members. With the Act, governing Federal statutes and the planned meeting in question. exception of reimbursement of official regulations, and established DoD Dated: June 24, 2014. travel and per diem, Judicial policies and procedures. The Judicial Proceedings Panel’s Aaron Siegel, Proceedings Panel members shall serve Designated Federal Officer (DFO), Alternate OSD Federal Register Liaison without compensation. Officer, Department of Defense. pursuant to the DoD policy, shall be a The DoD General Counsel, according full-time or permanent part-time DoD [FR Doc. 2014–15066 Filed 6–26–14; 8:45 am] to DoD policies and procedures, may employee, and shall be appointed, in BILLING CODE 5001–06–P select experts and consultants as subject accordance with governing the DoD matter experts under the authority of 5 policies and procedures. U.S.C. 3109 to advise the Judicial In addition, the Judicial Proceedings DEPARTMENT OF DEFENSE Proceedings Panel or its subcommittees; Panel’s DFO is required to be in Office of the Secretary these individuals do not count toward attendance at all meetings of the Judicial the Judicial Proceedings Panel’s total Proceedings Panel and its Revised Non-Foreign Overseas per membership nor do they have voting subcommittees for the entire duration of Diem Rates privileges. In addition, these subject each and every meeting. However, in matter experts, when appointed, shall the absence of the Judicial Proceedings AGENCY: Defense Travel Management not participate in any discussions Panel’s DFO, a properly approved Office, DoD. dealing with the substantive matters Alternate DFO, duly appointed to the ACTION: Notice of Revised Non-Foreign before the Judicial Proceedings Panel or Judicial Proceedings Panel according to Overseas Per Diem Rates. its subcommittees nor shall they the DoD policies and procedures, shall participate in any voting. SUMMARY: The Defense Travel attend the entire duration of the Judicial Management Office is publishing The DoD, when necessary and Proceedings Panel and its subcommittee consistent with the Judicial Proceedings Civilian Personnel Per Diem Bulletin meetings. Number 293. This bulletin lists Panel’s mission and DoD policies and The DFO, or the Alternate DFO, shall revisions in the per diem rates procedures, may establish approve all of the meetings of the prescribed for U.S. Government subcommittees, task forces, or working Judicial Proceedings Panel and its employees for official travel in Alaska, groups to support the Judicial subcommittees called by the Chair; Hawaii, Puerto Rico, the Northern Proceedings Panel. Establishment of prepare and approve all meeting Mariana Islands and Possessions of the subcommittees will be based upon a agendas; and adjourn any meeting when United States when applicable. AEA written determination, to include terms the DFO or the Alternate DFO changes announced in Bulletin Number of reference, by the Secretary of Defense, determines adjournment to be in the 194 remain in effect. Bulletin Number the Deputy Secretary of Defense, or the public interest or required by governing 293 is being published in the Federal DoD General Counsel as the DoD regulations or the DoD policies and Register to assure that travelers are paid Sponsor. procedures. These subcommittees shall not work Pursuant to 41 CFR 102–3.105(j) and per diem at the most current rates. independently of the Judicial 102–3.140, the public or interested DATES: Effective Date: July 1, 2014. Proceedings Panel and shall report all of organizations may submit written FOR FURTHER INFORMATION CONTACT: Ms. their recommendations and advice to statements to the Judicial Proceedings Sonia Malik, 571–372–1276. the Judicial Proceedings Panel for full Since Fiscal Year 2012 Amendments SUPPLEMENTARY INFORMATION: This deliberation and discussion. Panel membership about the Judicial document gives notice of revisions in Subcommittees, task forces, or working Proceedings Panel’s mission and per diem rates prescribed by the Defense groups have no authority to make functions. Written statements may be Travel Management Office for non- decisions and recommendations, submitted at any time or in response to foreign areas outside the contiguous verbally or in writing, on behalf of the the stated agenda of planned meeting of United States. It supersedes Civilian Judicial Proceedings Panel. No Judicial Proceedings Since Fiscal Year Personnel Per Diem Bulletin Number subcommittee or any of its members can 2012 Amendments Panel. 292. Per Diem Bulletins published update or report, verbally or in writing, All written statements shall be periodically in the Federal Register now on behalf of the Judicial Proceedings submitted to the Designated Federal constitute the only notification of

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revisions in per diem rates to agencies office. Civilian Bulletin 293 includes Dated: June 24, 2014. and establishments outside the updated rates for Alaska and Wake Aaron Siegel, Department of Defense. For more Island. Alternate OSD Federal Register Liaison information or questions about per diem Officer, Department of Defense. rates, please contact your local travel BILLING CODE 5001–06–P

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[FR Doc. 2014–15079 Filed 06–26–14; 8:45 am] or hand delivery. If the regulations.gov requirements and provide the requested BILLING CODE 5001–06–C site is not available to the public for any data in the desired format. ED is reason, ED will temporarily accept soliciting comments on the proposed comments at [email protected]. information collection request (ICR) that DEPARTMENT OF EDUCATION Please note that comments submitted by is described below. The Department of fax or email and those submitted after Education is especially interested in [Docket No. ED–2014–ICCD–0062] the comment period will not be public comment addressing the accepted; ED will ONLY accept following issues: (1) Is this collection Agency Information Collection comments during the comment period necessary to the proper functions of the Activities; Submission to the Office of in this mailbox when the regulations.gov Department; (2) will this information be Management and Budget for Review site is not available. Written requests for processed and used in a timely manner; and Approval; Comment Request; information or comments submitted by (3) is the estimate of burden accurate; National Evaluation of the Technical postal mail or delivery should be (4) how might the Department enhance Assistance and Dissemination (TA&D) addressed to the Director of the the quality, utility, and clarity of the Program: Grantee Questionnaire/ Information Collection Clearance information to be collected; and (5) how Interview and State Survey Data Division, U.S. Department of Education, might the Department minimize the Collection 400 Maryland Avenue SW., LBJ, burden of this collection on the AGENCY: Institute of Education Sciences/ Mailstop L–OM–2–2E319, Room 2E105, respondents, including through the use National Center for Education Statistics Washington, DC 20202. of information technology. Please note (IES), Department of Education (ED). FOR FURTHER INFORMATION CONTACT: For that written comments received in ACTION: Notice. specific questions related to collection response to this notice will be activities, please contact Meredith considered public records. SUMMARY: In accordance with the Bachman, 202–219–2014. Title of Collection: National Evaluation of the Technical Assistance Paperwork Reduction Act of 1995 (44 SUPPLEMENTARY INFORMATION: The and Dissemination (TA&D) Program: U.S.C. chapter 3501 et seq.), ED is Department of Education (ED), in Grantee Questionnaire/Interview and proposing a revision of an existing accordance with the Paperwork information collection. State Survey Data Collection Reduction Act of 1995 (PRA) (44 U.S.C. OMB Control Number: 1850–0887 DATES: Interested persons are invited to 3506(c)(2)(A)), provides the general Type of Review: A revision of an submit comments on or before July 28, public and Federal agencies with an existing information collection. 2014. opportunity to comment on proposed, Respondents/Affected Public: State, ADDRESSES: Comments submitted in revised, and continuing collections of Local, or Tribal Governments response to this notice should be information. This helps the Department Total Estimated Number of Annual submitted electronically through the assess the impact of its information Responses: 3,702 Federal eRulemaking Portal at http:// collection requirements and minimize Total Estimated Number of Annual www.regulations.gov by selecting the public’s reporting burden. It also Burden Hours: 927 Docket ID number ED–2014–ICCD–0062 helps the public understand the Abstract: This data collection is Phase or via postal mail, commercial delivery, Department’s information collection II of the National Evaluation of the

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TA&D Program and will focus on ACTION: Notice. print, audiotape, or compact disc) by gathering relevant information on the contacting the Grants and Contracts State Deaf-Blind Projects funded under Catalog of Federal Domestic Assistance Services Team, U.S. Department of the OSEP Technical Assistance and (CFDA) Number: 84.328M Education, 400 Maryland Avenue SW., Dissemination (TA&D) Program. Data SUMMARY: This notice reopens the FY Room 5075, PCP, Washington, DC will be obtained through three 2014 Parent Training and Information 20202–2550. Telephone: (202) 245– questionnaires. A State Deaf-Blind Centers competition, authorized by the 7363. If you use a TDD or a TTY, call Project Questionnaire will be Individuals with Disabilities Education the FRS, toll free, at 1–800–877–8339. administered to all Project Directors and Act (IDEA), as amended. We published Electronic Access to This Document: will yield detailed descriptive a notice inviting applications (NIA) for The official version of this document is information about the technical this competition on April 9, 2014, in the the document published in the Federal assistance products and services Federal Register. The notice provided a Register. Free Internet access to the provided by the TA&D Program grantees deadline date of May 27, 2014, as well official edition of the Federal Register and to whom they provide them. A as other information, for the transmittal and the Code of Federal Regulations is questionnaire administered to providers of applications. available via the Federal Digital System who are identified as those who work at SUPPLEMENTARY INFORMATION: at: www.gpo.gov/fdsys. At this site you least on a weekly basis with students Significant technical problems with the can view this document, as well as all aged 6–21 with deaf blindness will Grants.gov Apply site’s ability to accept other documents of this Department provide information concerning security enabled Adobe Acrobat files in published in the Federal Register, in characteristics of these providers and the Parent Training and Information text or Adobe Portable Document their needs for technical assistance to Centers competition that was Format (PDF). To use PDF you must support their work with students. A announced in the NIA published on have Adobe Acrobat Reader, which is subset of these providers who have April 9, 2014, in the Federal Register available free at the site. received child-specific technical (79 FR 19595–19604) may have You may also access documents of the assistance or other individualized staff- prevented some eligible applicants from Department published in the Federal specific technical assistance from a state meeting the May 27, 2014 deadline. Register by using the article search deaf-blind project will receive a short Therefore, we are reopening the feature at: www.federalregister.gov. set of additional questions about their competition to provide applicants with Specifically, through the advanced experiences with the TA received, and additional time to submit an search feature at this site, you can limit their satisfaction with that support. application. your search to documents published by This data collection will provide Any applicant that has already the Department. unique, detailed data and information submitted an application under the FY Dated: June 23, 2014. that are not currently available from 2014 Parent Training and Information Michael K. Yudin, other sources but that are necessary in Centers competition does not need to order to accurately understand the role resubmit its application, including those Acting Assistant Secretary for Special Education and Rehabilitative Services. that the State Deaf-Blind Projects play in applicants whose submissions were supporting local providers in their work accepted but not processed because of [FR Doc. 2014–15071 Filed 6–26–14; 8:45 am] with children and youth with the problems with Grants.gov. BILLING CODE 4000–01–P deafblindness. The National Evaluation DATES: of the TA&D Program is part of the Deadline for Transmittal of DEPARTMENT OF EDUCATION National Assessment of the Individuals Applications: June 30, 2014. with Disabilities Education Extension of Deadline; Teacher Quality Improvement Act of 2004 (hereafter Note to Applicants: The notice published Partnership Grant Program referred to as the National Assessment). on April 9, 2014, provides other information Failure to collect these data may result that applies to this competition. Specifically, the priority in that notice, entitled ‘‘Parent AGENCY: Office of Innovation and in the ED being unable to adequately Training and Information Centers,’’ identifies Improvement, Department of Education. report to Congress on the National the requirements for applications submitted ACTION: Notice extending deadline date Assessment. in response to this notice, including the for the FY 2014 grant competition. Dated: June 24, 2014. eligible entities, the States from which we are accepting applications, and the instructions Stephanie Valentine, Catalog of Federal Domestic Assistance for submitting applications. (CFDA) Number: 84.336S. Acting Director, Information Collection Clearance Division, Privacy, Information and Deadline for Intergovernmental SUMMARY: On May 28, 2014, we Records Management Services, Office of Review: August 29, 2014. published in the Federal Register (79 Management. FOR FURTHER INFORMATION CONTACT: FR 30584) a notice inviting applications [FR Doc. 2014–15116 Filed 6–26–14; 8:45 am] Carmen Sanchez, U.S. Department of for the Teacher Quality Partnership BILLING CODE 4000–01–P Education, 400 Maryland Avenue SW., Grant Program. The notice established Room 4057, Potomac Center Plaza July 14, 2014, as the deadline date for (PCP), Washington, DC 20202–2600. eligible applicants to apply for funding DEPARTMENT OF EDUCATION Telephone: (202) 245–6595. under the program. However, the Reopening; Applications for New If you use a telecommunications Department has been informed that the Awards; Training and Information for device for the deaf (TDD) or a text Grants.gov Web site will be unavailable Parents of Children With Disabilities— telephone (TTY), call the Federal Relay to applicants on July 12–13, 2014, due Parent Training and Information Service (FRS), toll free, at 1–800–877– to a scheduled maintenance outage. To Centers 8339. allow applicants additional time to Accessible Format: Individuals with complete their applications as a result of AGENCY: Office of Special Education and disabilities can obtain this document this outage, we are extending the Rehabilitative Services, Department of and a copy of the application package in deadline date for transmittal of Education. an accessible format (e.g., braille, large applications to July 15, 2014.

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DATES: Deadline for Transmittal of ACTION: Notice of Intent. FOR FURTHER INFORMATION CONTACT: Julie Applications: July 15, 2014. Ann Smith at the addresses above, or at FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of Energy 202–586–7668. For general information Christine Miller, U.S. Department of (DOE) announces its intent to prepare on the DOE National Environmental Education, 400 Maryland Avenue SW., an environmental impact statement Policy Act (NEPA) process, contact Ms. Room 4C119, Washington, DC 20202– (EIS) to assess the potential Carol M. Borgstrom, Director, Office of 5950. Telephone: (202) 453–5680 or by environmental impacts from its NEPA Policy and Compliance (GC–54) email: [email protected]. proposed federal action of granting a at: U.S. Department of Energy, 1000 If you use a telecommunications Presidential permit to Minnesota Power Independence Avenue SW., device for the deaf or a text telephone, to construct, operate, maintain, and Washington, DC 20585; by electronic call, toll free: 1–877–576–7734. connect a new electric transmission line mail at [email protected]; by SUPPLEMENTARY INFORMATION: All other across the U.S.-Canada border in facsimile at 202–586–7031; by phone at information in the May 28, 2014, notice northern Minnesota. The Great Northern 202–586–4600 or leave a message at inviting applications for this Transmission Line Project 800–472–2756. Environmental Impact Statement (DOE/ competition remains the same, SUPPLEMENTARY INFORMATION: Executive EIS–0499) will address potential including the application submission Order (E.O.) 10485, as amended by E.O. environmental impacts from the instructions. 12038, requires that a Presidential proposed action and the range of Accessible Format: Individuals with permit be issued by DOE before electric reasonable alternatives. disabilities can obtain this document in transmission facilities may be an accessible format (e.g., braille, large The purpose of this Notice of Intent constructed, operated, maintained, or print, audiotape, or compact disc) on (NOI) is to inform the public about the connected at the U.S. international request to the contact person listed proposed action, announce eight public border. The E.O. provides that a under FOR FURTHER INFORMATION scoping meetings, and solicit public Presidential permit may be issued after CONTACT. comments on the scope of the EIS. a finding that the proposed project is Electronic Access to This Document: Because the proposed project would consistent with the public interest and The official version of this document is involve actions in floodplains and after favorable recommendations from the document published in the Federal wetlands, in accordance with 10 CFR the U.S. Departments of State and Register. Free Internet access to the part 1022, Compliance with Floodplain Defense. In determining consistency official edition of the Federal Register and Wetland Environmental Review with the public interest, DOE considers and the Code of Federal Regulations is Requirements, the EIS will include a the potential environmental impacts of available via the Federal Digital System floodplain and wetland assessment. the proposed project under NEPA, at: www.gpo.gov/fdsys. At this site you DATES: The public scoping period starts determines the project’s impact on can view this document, as well as all with the publication of this Notice in electric reliability (including whether other documents of this Department the Federal Register and will continue the proposed project would adversely published in the Federal Register, in until August 11, 2014. Written and oral affect the operation of the U.S. electric text or Adobe Portable Document comments will be given equal weight, power supply system under normal and Format (PDF). To use PDF, you must and DOE will consider all comments contingency conditions), and considers have Adobe Acrobat Reader, which is submitted or postmarked by August 11, any other factors that DOE may find available free at this site. 2014 in defining the scope of this EIS. relevant to the public interest. The You may also access documents of the Comments submitted or postmarked regulations implementing the E.O. have Department published in the Federal after that date will be considered to the been codified at 10 CFR part 205. DOE’s Register by using the article search extent practicable. issuance of a Presidential permit feature at: www.federalregister.gov. Eight public scoping meetings will be indicates that there is no federal Specifically, through the advanced held between July 16 and July 24. objection to the project, but does not search feature at this site, you can limit Locations, dates, and start times for the mandate that the project be undertaken. your search to documents published by public scoping meetings are listed in the Minnesota Power, an operating the Department. SUPPLEMENTARY INFORMATION section of division of ALLETE, Inc., applied on Program Authority: 20 U.S.C. 1021– this NOI. April 15, 2014, to DOE’s Office of 1022(c). Requests to speak at any one or more Electricity Delivery and Energy Dated: June 23, 2014. public scoping meeting(s) should be Reliability (OE) for a Presidential permit Nadya Chinoy Dabby, received by Julie Ann Smith at the to construct, operate, maintain, and Assistant Deputy Secretary for Innovation and address indicated below on or before connect an approximately 220-mile, Improvement. July 14, 2014; requests received by that 500-kilovolt (kV) overhead, single- [FR Doc. 2014–15093 Filed 6–26–14; 8:45 am] date will be given priority in the circuit, alternating current (AC) electric BILLING CODE 4000–01–P speaking order. However, requests to transmission system from the Canadian speak also may be made at the scoping Province of Manitoba to the existing meetings. Blackberry Substation near Grand DEPARTMENT OF ENERGY ADDRESSES: Comments on the scope of Rapids, Minnesota. After due the EIS and requests to be added to the consideration of the nature and extent of [Docket No. PP–398] document mailing list should be the proposed project, including Notice of Intent To Prepare an addressed to: Julie Ann Smith, Office of evaluation of the ‘‘Information Environmental Impact Statement and Electricity Delivery and Energy Regarding Potential Environmental To Conduct Public Scoping Meetings, Reliability (OE–20), U.S. Department of Impacts’’ section of the Presidential and Notice of Floodplains and Energy, 1000 Independence Avenue permit application, DOE has determined Wetlands Involvement; Great Northern SW., Washington, DC 20585; by that the appropriate level of NEPA Transmission Line electronic mail to Juliea.Smith@ review for this project is an EIS. hq.doe.gov; or by facsimile to 202–586– The Great Northern Transmission AGENCY: Department of Energy. 1472. Line Presidential permit application,

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including associated maps and Project concurrently with the DOE existing Blackberry 230/115 kV drawings, can be viewed or downloaded Presidential permit application on April Substation. The proposed GNTL Project in its entirety from the OE program Web 15, 2014. As part of the MN PUC Route would carry hydropower generated by site at: http://energy.gov/oe/downloads/ Permit decision-making process, an facilities operated by Manitoba Hydro, a application-presidential-permit-oe- environmental impact statement must Canadian electric utility, and would docket-no-pp-398-great-northern- be prepared. support the regional electric grid. transmission-line. Also available at this DOE will act as federal joint lead The proposed GNTL Project would be same OE Web site location is the May agency with the Minnesota Department located on all new right-of-way (ROW) 14, 2014, Federal Register Notice of of Commerce—Energy Environmental that would be approximately 200-feet Receipt of Application (79 FR 27587). Review and Analysis (DOC–EERA) wide. A wider ROW would be required The proposed federal action is the acting as state joint lead agency per 40 for certain spans of the proposed granting of the Presidential permit for CFR 1501.5(b). DOC–EERA prepares Project, at angle and corner structures, the international border crossing. The EISs for proposed high-voltage for guyed structures, or where special proposed construction, operation, transmission lines pursuant to design requirements are dictated by maintenance, and connection of the Minnesota Statute Section 216E.03, topography. Steel lattice tower structure portion of the transmission line within Subdivision 5. In order to avoid types and configurations would be the United States is a connected action duplication with state environmental considered for the proposed Project to to DOE’s proposed action. DOE will review procedures, DOE and DOC– accommodate variations in terrain and analyze potential environmental EERA will prepare a single EIS to land use including a self-supporting impacts from the proposed federal comply with environmental review lattice structure, a lattice guyed-V action and the connected action in the requirements under NEPA and the structure, and a lattice guyed delta EIS. The EIS will be prepared in PPSA. structure. The Applicant currently accordance with NEPA of 1969, as DOE invites Tribal governments and estimates approximately 4 to 5 amended (42 U.S.C. 4321 et seq.), the federal, state, and local agencies with structures per mile of transmission line Council on Environmental Quality jurisdiction by law or special expertise with towers spaced approximately 1,000 (CEQ) NEPA regulations (40 CFR parts with respect to environmental issues to to 1,450 feet apart, with shorter or 1500–1508), and the DOE NEPA be cooperating agencies in the longer spans as necessary. The type of implementing procedures (10 CFR part preparation of the EIS, as defined at 40 structure in any given section of 1021). Because the proposed project CFR 1501.6. transmission line would be dependent may involve actions in floodplains and The U.S. Army Corps of Engineers on land type, land use, and potential wetlands, in accordance with 10 CFR (USACE), St. Paul District, will be a effect on the surrounding landscape, part 1022, Compliance with Floodplain cooperating agency on this EIS. A and would typically range in height and Wetland Environmental Review Department of the Army permit is from approximately 100 feet above Requirements, the EIS will include a expected to be required for proposed ground to approximately 150 feet above floodplain and wetland assessment. discharges of dredged or fill material ground. In some instances, such as DOE will include a floodplain statement into waters of the United States, where the proposed Project crosses an of findings in the final EIS or issue such including wetlands, under Section 404 existing transmission line, taller statement separately. of the Clean Water Act (33 U.S.C. 1344), structures would be required. In The Minnesota Public Utilities and also for proposed crossing(s) of cultivated lands, the Applicant would Commission (MN PUC) regulates navigable waterways under Section 10 use self-supporting lattice structures transmission line construction in the of the Rivers and Harbors Act (33 U.S.C. (free-standing towers constructed in a state of Minnesota: First, by determining 403). Minnesota Power will apply to the crisscrossed pattern of steel beams) so as whether there is a need for a USACE for the required Department of not to interfere with existing land use. transmission line through its Certificate Army permit as part of the proposed The Applicant proposes to expand the of Need (CON) process; and second, GNTL Project. site of its existing Blackberry 230/115 through its Route Permit process. The kV Substation near Grand Rapids, Applicant’s Proposal CON process establishes the size, type Minnesota, to incorporate the new and required end points of a proposed The Applicant proposes to construct, Blackberry 500 kV Substation, which project. Minnesota Power filed its CON operate, maintain, and connect a 220- would be constructed adjacent to and application for the proposed GNTL mile, overhead, single-circuit 500 kV AC east of the existing substation. The 500 Project with the MN PUC on October 22, transmission line between the kV Substation would accommodate the 2013, and anticipates a decision on the Minnesota-Manitoba border crossing new 500 kV line, existing 230kV lines, CON by May 2015. northwest of Roseau, Minnesota, and and all associated 500 kV and 230 kV Under the state’s Power Plant Siting the existing Blackberry 230/115 kV equipment. Additionally, the proposed Act (PPSA), the MN PUC must also Substation near Grand Rapids, GNTL Project would require determine the route for the proposed Minnesota. The Applicant’s proposal construction of a new 500 kV Series line and any conditions it will require also includes associated substation Compensation Station, which would be for the construction, operation, and facilities and transmission system located within or adjacent to the final maintenance of the proposed GNTL modifications at the Blackberry route approved by the State of Project through its Route Permit Substation site, and construction of a Minnesota, and would include the 500 process. Specifically, the PPSA requires new 500 kV Series Compensation kV series capacitor banks necessary for proposals for high-voltage transmission Station (a structure which will house reliable operation and performance of lines (defined as a transmission line of the 500 kV series capacitor banks the proposed transmission line, and all 100 kV or more and one that is greater necessary for reliable operation and associated equipment. The final location than 1,500 feet in length with associated performance of the proposed for the 500 kV Series Compensation facilities) to be issued a Route Permit by transmission line). A new Blackberry Station would be determined by electric the MN PUC prior to construction. 500 kV Substation would be required for design optimization studies and final Minnesota Power filed its Route Permit the proposed Project and would be route selection. The Applicant has application for the proposed GNTL constructed adjacent to and east of the initiated the electric design

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optimization studies to identify Power 230 kV line, following the option proposed for each complete route generally what would be a preferred existing line in a southerly direction for alternative (Blue Route Segment C2 and location of the 500 kV Series 12.3 miles. Orange Route Segment J2, respectively). Compensation Station along the final The proposed GNTL Project would The Blue Route would parallel existing route permitted by the state. Based on continue south for 3 miles following transmission lines for 84.2 miles, while these studies, candidate sites in Deer River Line Road (also called the Orange Route would parallel Minnesota include the overall midpoint County Road 62). The transmission line existing transmission lines for 66.4 of the line and at one-third of the overall would turn east for 3.5 miles and then miles. The proposed route alternatives transmission line distance from turn southeast again and travel 5 miles vary slightly in total length: 219.5 miles Blackberry to the existing Dorsey to Itasca County near the intersection of for the Blue Route, 232.7 miles for Blue Substation in Manitoba, Canada. County Road 523 and South Lofgrin Route Segment C2, 219.9 miles for the Minnesota Power will provide more Forest Road. The proposed line would Orange Route and 222.8 total miles for information on these studies and the extend south for 6.4 miles, turning Orange Route Segment J2. While the preferred location of the 500 kV Series south, southeast for another 2.8 miles, Blue Route is shorter in total length, it Compensation Station when available. and then head south for 11.5 miles. At goes through undeveloped forest. Blue The proposed GNTL Project (Blue 2.8 miles north of Scooty Lake, the Route Segment C2 is longest in total Route) would originate at the proposed GNTL Project would continue length of the line and is closer to Minnesota-Manitoba border roughly 1.4 to travel 7.5 miles south to County Road residences than the Blue Route miles west of Highway 89. It would 530, where it would cross the West Fork alternative. The Orange Route proceed southeast 0.5 miles to 410th Prairie River. At County Road 530, the alternative goes through undeveloped Street, approximately 0.16 of a mile proposed line would again turn south forest, whereas Orange Route Segment from the intersection of 410th Street and southwest and continue 6.5 miles to J2 is closer to residences. The majority County Road 3. The proposed GNTL County Road 57. The line would turn of potentially impacted land for any Project would travel south 2 miles to south, southwest for 3.7 miles, and then route alternative would consist of 390th Street and turn east following head south for 3.8 miles to Diamond woody wetlands and deciduous, 390th Street for 10.5 miles (where 390th Lake Road. The route then heads south, evergreen, and mixed forest lands. Street then turns into County Road 118). southeast for 2.7 miles. At the Swan Impacted agricultural land would At 0.25 miles from Highway 310 the River, proposed GNTL Project heads include pasture and hay, row crops, and proposed line would turn southeast and south for 4.4 miles where it would meet small grains. The combined Blackberry continue for another 12 miles. At 0.5 an existing Minnesota Power 230 kV 500-kV Substation and the 500-kV miles from 510th Avenue the proposed line, paralleling it for 1 mile to the Series Compensation Station for any line would again turn and travel 2.3 existing Blackberry Substation near route alternative would require miles east to join the existing Minnkota Grand Rapids, Minnesota. approximately 25 acres. Power 230 kV line. The proposed GNTL An interactive map showing the Agency Purpose and Need, Proposed Project would parallel the existing proposed GNTL Project route alternative Action, and Alternatives Minnkota Power 230 kV line southeast (shown on the map as the ‘‘Blue for 1.8 miles and then turn south where The DOE proposed federal action is Route’’), a second route alternative it would meet the existing Xcel 500 kV the granting of a Presidential permit to (shown on the map as the ‘‘Orange line. Beginning at a tenth of mile north Minnesota Power to construct, operate, Route’’), and two route alternative of US Highway 11, the proposed maintain, and connect a new electric segment options (shown on the map as transmission line would parallel the transmission line across the U.S.- ‘‘Segments Options C2 and J2’’) may be existing Xcel 500 kV line route for 36 Canada border northwest of Roseau, found at http://www.greatnorthern miles after which it would turn east, Minnesota. The Great Northern transmissionline.com/map/. leaving the Xcel 500 kV line 2 miles Transmission Line Project All route alternatives would cross the southeast of the intersection of Faunce Environmental Impact Statement (DOE/ U.S.-Canada border in Roseau County, Forest Road and 19th Street Southwest EIS–0499) will address potential Minnesota, roughly 1.4 miles west of in Lake of the Woods County. environmental impacts from the Highway 89. The Blue Route, the The proposed GNTL Project would proposed action and the range of Applicant’s preferred alternative, is proceed east for 5.8 miles and then turn reasonable alternatives. The purpose described in detail above. northeast to rejoin the existing and need for DOE’s action is to decide The northwestern-most portion Minnkota Power 230 kV line at its whether to grant Minnesota Power a (approximately 65 miles) of the Orange intersection with Pitt Grade Trail. The Presidential permit. It should be noted, Route alternative would be collocated proposed line would then parallel this however, that although the potential with the Blue Route; therefore, the existing 230 kV line in an easterly environmental impacts are important, descriptions of this portion of the routes direction for 31 miles to a point 1.5 they are not the only criteria that form are the same up to the point at which miles west of the County Road 86 in the basis for the final permitting both propose route alternatives would Koochiching County where it would decision. DOE also considers the impact meet up with the existing Xcel 500 kV then proceed southeast for 8.3 miles and of the proposed action on electric transmission line. Once arriving at the then south for 1.8 miles. At this point, reliability. If granted, the Presidential existing Xcel 500 kV line, the Orange the proposed GNTL Project would be permit would authorize only that Route alternative would parallel the roughly 1.5 miles south from the portion of the line that would be existing 500 kV line ROW, in a general intersection of County Road 32 and constructed, operated, and maintained southeast orientation, for approximately County Road 36 in Koochiching County. wholly within the United States. 60 miles into extreme southeast Lake of The line would then continue southeast Four action alternatives (routes) for the Woods County, to a point for 21.3 miles and intersect Highway 71 constructing the proposed transmission approximately 0.5 miles west of State roughly 4.5 miles northeast of Big Falls, line inside the United States have been Highway 72 and 1 mile north of where it would continue an additional identified by the Applicant: Two overall Beltrami County. At this point, the 9.6 miles to the southeast where it proposed route alternatives (Blue Route Orange Route would turn south for would rejoin the existing Minnkota and Orange Route) and one segment approximately 1 mile, where it would

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cross into Beltrami County, and 4.0 miles, crossing the Swam River. project on protected or candidate continue south for an additional 4.6 Approximately 0.3 miles north of Foot species, including the Canada lynx miles, then would turn to head east for Lake, the route would then turn south (federally listed threatened species), approximately 0.5 miles, crossing State for 1.1 miles, where it meets up with the piping plover (federally listed Highway 72. existing Minnesota Power 115 kV line. threatened species), Western prairie After crossing Highway 72, the The Orange Route would parallel this fringed orchid (federally listed Orange Route would turn southeast for existing 115 kV line ROW southeast for threatened species), Sprague’s pipit 7.5 miles, crossing into Koochiching 1.4 miles, where it would turn south for (federally listed threatened species), County, after which, the route would another 0.8 miles, terminating at the Poweshiek skipperling (proposed continue southeast for another 3 miles existing Blackberry Substation near federally listed endangered species as of to a point approximately 0.5 miles east Grand Rapids, Minnesota. October 24, 2013), Dakota skipper of Pine Island Road. At this point, the The Blue Route Segment C2 (proposed federally listed threatened Orange Route alternative would turn alternative would be the same as the species as of October 24, 2013), and south for 15.7 miles to the vicinity of proposed Blue Route alternative until Northern long-eared bat (proposed Flowing Well Trail. Approximately 0.1 the line reaches a point roughly 1.5 mile federally listed endangered species as of miles north of Flowing Well Trail, the south from the intersection of County October 2, 2013). line would turn east for 11.1 miles, to Road 32 and County Road 36 in 2. Biological resources: The EIS will a point approximately 1.7 miles north of Koochiching County. From this point consider the potential effects of the the City of Gemmell and 0.7 miles east the Blue Route Segment C2 alternative construction and operation of the of County Road 64. The Orange Route would follow the existing Minnkota and project on shellfish, insects, birds and would then turn southeast for 13.0 Minnesota Power 230 kV transmission other wildlife, as well as effects on miles, head east for another 4.5 miles to lines east and then head south for 47.0 forests, shrubland, wetland, peatland, a point approximately 0.8 miles west of miles to the point where the Blue Route and grassland plant species, and the State Highway 6 and 1.3 miles north of alternative would follow the existing potential for introduction of invasive the Itasca County Line. At this point, the Minnkota Power 230 kV line. species. Orange Route would turn southeast for The Orange Route Segment J2 3. Floodplains and wetlands: The EIS alternative would be the same as the 4.2 miles, crossing into Itasca County, will consider the potential effects of the Orange Route until the line would reach before it would head east for 3.8 miles, construction and operation of the approximately 5.0 miles northeast of to a point approximately 0.4 miles east project on freshwater floodplains and Kelliher. From this point, the Orange of County Road 5 and 1.6 miles south wetlands, including those associated Route Segment J2 would head southeast of the City of Craigville. with peatland and lowland forest type The Orange Route alternative would for 2.5 miles, turn south for 6.0 miles, vegetation, as well as calcareous fens turn southeast for 1.3 miles, and then and then proceed southeast for 1.0 mile communities. head south for 1.7 miles to cross State to County Road 1. It would continue 4. Cultural or historic resources: The Highway 1. After crossing State southeast for 1.0 mile, head east for 24.0 EIS will consider the potential effects of Highway 1, the proposed line would miles to County Road 6, continuing east the construction and operation of the continue south for 2.4 miles, to a point for another 2.0 miles. The Orange Route project on archeological, architectural, approximately 2.4 miles east of State Segment J2 alternative would then head and Traditional Cultural Properties (i.e., Highway 38, where it would then head southeast for 3.0 miles, cross TH 1, and properties of religious and cultural east for 6.1 miles. At this point, the turn slightly east for 2.0 miles, crossing importance), National Historic Orange Route would be approximately TH 38, where it would join back up Landmarks, historic properties currently 2.4 miles west of the intersection with the Orange Route alternative. between State Highway 1 and Bass Lake Under the No Action alternative, DOE listed and potentially eligible for listing Campground Road, where it would veer would not grant a Presidential permit on the National Historic Register, southeast for 11.5 miles, to a point for the proposed project. Under the No prehistoric sites, and cultural landscape. approximately 3 miles east of State Action alternative, the EIS assumes for 5. Human health and safety: The EIS Highway 65 and 0.6 miles north of purposes of analysis that the proposed will consider the nature and potential County Road 52. At this location, this line and associated facilities would not effects of electric and magnetic fields route alternative would follow a be constructed. that may be generated by the operation southern orientation for approximately of the project. 14.7 miles, crossing County Road 52, Identification of Environmental Issues 6. Air quality: The EIS will consider Wolf Lake Road (among others) and the The EIS will examine potential public the potential effects of the construction West Fork Prairie River. health and safety effects and and operation of the project on air Approximately 2.8 miles west of State environmental impacts in the U.S. from quality, including the emission and Highway 65 and 1.1 miles north of the proposed transmission facilities. effects of greenhouse gases such as County Rd 57, the Orange Route This notice is intended to inform carbon dioxide. alternative would turn southwest for 5.1 agencies and the public of the proposed 7. Soil: The EIS will consider the miles, before it would follow a general project, and to solicit comments and potential effects of the construction and south orientation for another 8.8 miles suggestions for consideration in the operation of the project on the loss or to meet up with an existing Minnesota preparation of the EIS. To help the disturbance of soils. Power 115 kV transmission ROW. The public frame its comments, the 8. Water resources: The EIS will Orange Route would continue south, following is a list of examples of several consider the potential effects of the paralleling the existing 115 kV line for potential environmental issues that DOE construction and operation of the 2.7 miles, then would veer southeast at has identified for analysis: project on a diverse set of water Diamond Lake Rd and crossing U.S. 1. Protected, threatened, endangered, resource types that are found Highway 169 between the Cities of or sensitive species of animals or plants, throughout the proposed project area Taconite and Marble. After crossing or their critical habitats: The EIS will including, but not limited to, major Highway 169, this route alternative consider the potential effects of the watersheds, public water inventory would continue southeast for another construction and operation of the watercourses and basins, groundwater,

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trout streams, and impaired water 4. International Falls, MN: AmericInn, MN DOC–EERA expect to issue the draft bodies. 1500 Highway 71, International Falls, GNTL EIS in February 2015 and the 9. Land use: The EIS will consider the MN, 56649; Thursday, July 17, 2014, final EIS in July 2015. potential effects of the installation and 6:00 p.m. Issued in Washington, DC, on June 23, operation of the project on land uses, 5. Kelliher, MN: Kelliher Public 2014. School, 345 4th Street NW., Kelliher, including agricultural lands, parks, Patricia A. Hoffman, MN, 56650; Wednesday, July 23, 2014, recreational areas, and other public Assistant Secretary, Office of Electricity lands. at 11:00 a.m. 6. Bigfork, MN: Bigfork School, 100 Delivery and Energy Reliability. 10. Visual resources: The EIS will [FR Doc. 2014–15070 Filed 6–26–14; 8:45 am] consider the potential effects of the Huskie Boulevard, Bigfork, MN, 56628; BILLING CODE 6450–01–P installation and operation of the project Wednesday, July 23, 2014, at 6:00 p.m. on visual resources, mainly from tower 7. Grand Rapids, MN: Sawmill Inn, 2301 South Hwy 169, Grand Rapids, structures and conductors that could be DEPARTMENT OF ENERGY viewed from residences and where MN, 55744; Thursday, July 24, 2014, at recreational trails are either crossed or 11:00 a.m. Office of Energy Efficiency and 8. Grand Rapids, MN: Sawmill Inn, paralleled by route alternatives Renewable Energy 2301 South Hwy 169, Grand Rapids, including, but not limited to, potential MN, 55744; Thursday, July 24, 2014, at effects to recreational users of the Big New Information Collection 6:00 p.m. Fork Canoe and Red Lake Canoe Trails The scoping meetings will be AGENCY: Office of Energy Efficiency and in Koochiching County and Beltrami structured in two parts: first, a Renewable Energy, U.S. Department of County, respectively, and Big Bog State ‘‘workshop’’ period with presentations Energy. Recreation Area in Beltrami County. on the proposed GNTL Project, and the ACTION: Notice and Request for 11. Noise: The EIS will consider the state and federal decisions, followed by Comments. potential effects of the installation and informal discussion that will not be operation of the project on noise levels recorded; and, second, the formal taking SUMMARY: The Department of Energy at location(s) along the proposed line as of comments with transcription by a (DOE) invites public comment on a well as at the location(s) of the 500-kV court stenographer. The meetings will proposed collection of information that Blackberry Substation and the 500 kV provide interested parties the DOE is developing for submission to the Series Compensation Station. opportunity to view proposed project Office of Management and Budget 12. Socioeconomics: This EIS will exhibits, ask questions, and make (OMB) pursuant to the Paperwork consider potential impacts on comments. The Applicant, DOE, and Reduction Act of 1995. The proposed community services. MN DOC–EERA will be available to collection of information relates to This list is not intended to be all answer questions and provide DOE’s Superior Energy Performance inclusive or to imply any additional information to attendees to certification program. Comments are predetermination of impacts. DOE the extent that additional information is invited on: (a) Whether the proposed invites interested parties to suggest available at this early stage of the collection of information is necessary specific issues within these general proceedings. for the proper performance of the categories, or other issues not included Persons submitting comments during functions of the agency, including above, to be considered in the EIS. the scoping process, whether orally or whether the information shall have Scoping Process in writing, will receive either paper or practical utility; (b) the accuracy of the electronic copies of the draft EIS, agency’s estimate of the burden of the Interested parties are invited to according to their preference. Persons proposed collection of information, participate in the scoping process, both who do not wish to submit comments or including the validity of the to help define the environmental issues suggestions at this time but who would methodology and assumptions used; (c) to be analyzed and to identify the range like to receive a copy of the document ways to enhance the quality, utility, and of reasonable alternatives. DOE invites for review and comment when it is clarity of the information to be interested agencies, organizations, issued should notify Julie Ann Smith as collected; and (d) ways to minimize the Native American tribes, and members of provided above, with their paper-or- burden of the collection of information the public to submit comments to assist electronic preference. on respondents, including through the in identifying significant environmental use of automated collection techniques issues and in determining the EIS Preparation and Schedule or other forms of information appropriate scope of the EIS. Written In preparing the draft EIS, DOE will technology. and oral comments will be given equal consider comments submitted during DATES: Comments regarding this weight. Public scoping meetings will be the scoping period. They can be proposed information collection must held at the locations, dates, and times as submitted to Julie Ann Smith either be received on or before August 26, indicated below: electronically or by paper copy; if the 2014. If you anticipate difficulty in 1. Roseau, MN: Roseau Civic Center, latter, consider using a delivery service submitting comments within that 121 Center Street East, Roseau, MN, because materials submitted by regular period, contact the person listed in 56751; Wednesday. July 16, 2014, at mail are subject to security screening, ADDRESSES as soon as possible. 11:00 a.m. which both causes extended delay and 2. Baudette, MN: Lake of the Woods potential damage to the contents. DOE ADDRESSES: Written comments may be School, 236 15th Ave. SW., Baudette, will summarize all comments received sent to Paul Scheihing, EE–5A/Forrestal MN, 56623; Wednesday, July 16, 2014, in a ‘‘Scoping Report’’ that will be Building, 1000 Independence Avenue at 6:00 p.m. available on a project EIS Web site, and SW., Washington, DC 20585, by fax at 3. Littlefork, MN: Littlefork will be distributed either electronically 202–586–9234, or by email at Community Center, 220 Main Street, to all parties of record for whom we [email protected]. Littlefork, MN, 56653; Thursday, July have an email address, or by mailing FOR FURTHER INFORMATION CONTACT: 17, 2014, at 11:00 a.m. paper copies upon request. DOE and the Requests for additional information or

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copies of the information collection with technical assistance. Basic of the burden of the proposed collection instrument and instructions should be information about a facility’s energy of information, including the validity of directed to Paul Scheihing, EE–5A/ use, energy consumption, and energy the methodology and assumptions used; Forrestal Building, 1000 Independence performance indicators will be used to (c) ways to enhance the quality, utility, Avenue SW., Washington, DC 20585, by administer the SEP program and and clarity of the information to be fax at 202–586–9234, or by email at determine readiness for SEP collected; and (d) ways to minimize the [email protected]. certification audit. Information on burden of the collection of information SUPPLEMENTARY INFORMATION: This energy performance improvement will on respondents, including through the information collection request contains: be used by DOE to manage and track use of automated collection techniques (1) OMB No.: New. certification cycles, and to track the or other forms of information (2) Information Collection Request results of SEP participation. Optional technology. Title: Department of Energy Superior information on costs and benefits of SEP DATES: Comments regarding this Energy PerformanceTM Certification participation will be used to conduct proposed information collection must Program Information Collection and refine analysis on the costs and be received on or before August 26, Request. benefits of SEP participation, as called 2014. (3) Type of Request: New. for in Executive Order 13624: ADDRESSES: (4) Purpose: This Information Accelerating Investment in Industrial Comments, identified by Collection Request applies to the Energy Efficiency. Responses to the docket number, may be filed in the Department of Energy (DOE) voluntary DOE’s Information Collection Request following ways: • Electronic Filing through http:// certification program for industrial will be voluntary. www.ferc.gov. Documents created facilities: Superior Energy (5) Annual Estimated Number of electronically using word processing PerformanceTM (SEP). The information Respondents: 575. software should be filed in native being collected is needed so as to (6) Annual Estimated Number of applications or print-to-PDF format and include participants in the DOE’s SEP. Total Responses: 475. not in a scanned format. SEP is an energy efficiency certification (7) Annual Estimated Number of • Mail/Hand Delivery: Those unable and recognition program for industrial Burden Hours: 650. to file electronically may mail or hand- facilities demonstrating energy (8) Annual Estimated Reporting and deliver an original of their comments to: management excellence and sustained Recordkeeping Cost Burden: $31,295. Federal Energy Regulatory Commission, energy savings. SEP builds on the ISO Statutory Authority: Accelerating Secretary of the Commission, 888 First 50001 energy management system Investment in Industrial Energy Efficiency. Street NE., Washington, DC 20426. standard and provides a rigorous, Executive Order 13624, 77 FR 54779 (Aug. internationally-recognized business 30, 2012); 42 U.S.C. 16191. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email process for companies to continually Paul Scheihing, improve their energy performance. The at [email protected], telephone Technology Manager, Advanced at (202) 502–8663, and fax at (202) 273– SEP third-party verification of energy Manufacturing Office. performance improvement is unique in 0873. [FR Doc. 2014–15065 Filed 6–26–14; 8:45 am] the marketplace, and assists to SUPPLEMENTARY INFORMATION: The BILLING CODE 6450–01–P differentiate certified companies from proposed information collection in their competitors. This request for Docket No. RD14–4–000 relates to a information consists of a voluntary data DEPARTMENT OF ENERGY proposed revision to the Interchange collection process for SEP participation: Scheduling and Coordination (INT) To enroll industrial facilities, manage Federal Energy Regulatory group of Reliability Standards, and track certification cycles, and relay Commission developed by the North American the costs and benefits of SEP Electric Reliability Corporation (NERC), certification to industry. [Docket No. RD14–4–000] and submitted to the Commission for There are four types of information to approval. The proposed revision Proposed Agency Information modifies the Interchange Scheduling be collected from primary participants: Collection (1) Background data, including contact and Coordination Reliability Standards information and basic information about AGENCY: Federal Energy Regulatory in response to Commission directives in the facility’s experience with energy Commission, DOE. Order No. 693,1 as well as some other management—collected in the SEP ACTION: Notice and Request for clarifying revisions relating to the ten Enrollment Form; (2) Basic facility Comments. revised definitions and four new information about its energy use, energy definitions to be added to the NERC consumption, and energy performance SUMMARY: The Federal Energy Glossary of Terms Used in NERC indicators—collected in the SEP Regulatory Commission (Commission) Reliability Standards (NERC Glossary). Application Form; (3) Information on invites public comment in Docket No. The information collection requirements energy performance improvement in RD14–4–000 on a proposed collection of contained in the Interchange Scheduling SEP-certified facilities—collected in the information that the Commission is and Coordination group of Reliability SEP Energy Performance Improvement developing for submission to the Office Standards are contained in FERC–725A Report; (4) Information on the costs and of Management and Budget (OMB) (OMB Control Number 1902–0244). benefits of participating in SEP pursuant to the Paperwork Reduction On March 16, 2007, the Commission (optional; not required for SEP Act of 1995. Comments are invited on: issued Order No. 693, approving 83 of certification)—collected in the SEP (a) Whether the proposed collection of the 107 Reliability Standards and Voluntary Costs/Benefits Form. information is necessary for the proper Background data will primarily be performance of the functions of the 1 Mandatory Reliability Standards for the Bulk- Power System, Order No. 693, 72 FR 16416 (Apr. used to track basic information about agency, including whether the 4, 2007), FERC Stats. & Regs. ¶ 31,242, at PP 819, SEP participants and identify information shall have practical utility; 821, 843, 848, 872, 875 & 887, order on reh’g, Order opportunities to provide participants (b) the accuracy of the agency’s estimate No. 693–A, 120 FERC ¶ 61,053 (2007).

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associated definitions filed by NERC, Standards. In its petition, NERC also ‘‘Submit Interchange Information,’’ including the Interchange Scheduling seeks approval for the retirement of the ‘‘Communicate Transaction and Coordination group of Reliability currently effective Reliability Modification’’ and ‘‘Submit a Request Standards INT–001, INT–003, INT–004, Standards.3 NERC also seeks approval of for Interchange’’ as described in NERC’s INT–005, INT–006, INT–007, INT–008, ten revised definitions and four new petition.7 NERC’s technical justification INT–009, and INT–010.2 In Order No. definitions to be added to the NERC has shown that when the results of 693, the Commission directed NERC to Glossary. NERC proposes to add the reliability coordinator studies indicate make changes through the Reliability term ‘‘Interchange’’ to the existing the need for action, the reliability Standards development process to definition for ‘‘Operational Planning coordinator is required to share the address certain directives. Specifically, Analysis.’’ 4 NERC States that ‘‘by results per Requirement R3 of the Commission directed NERC to: (1) explicitly including ‘Interchange’ in the Reliability Standard IRO–008–1. NERC Develop a modification to INT–001–2 definition of ‘Operational Planning explains that because energy transfers that includes a requirement that Analysis,’ the Reliability Coordinator within a balancing authority area that interchange information must be must consider Interchange when use point-to-point transmission service submitted for all point-to-point transfers performing the analysis required in can impact transmission congestion, entirely within a balancing authority Reliability Standard IRO–008–1.’’ 5 proposed Reliability Standard INT–011– area, including all grandfathered and Therefore, the estimates for this 1 ensures that these transfers are ‘‘non-Order No. 888’’ transfers; and (2) information collection are based on the communicated and accounted for in to develop a modification to INT–006– proposed modifications. congestion management procedures. If a 1 through the Reliability Standards The Commission estimates a modest transfer within a balancing authority development process to make the increase in information collection and area is submitted as a request for standard applicable to reliability reporting that would result from interchange or otherwise accounted for coordinators and transmission implementing NERC’s proposed in congestion management procedures, operators, and require reliability revision to the NERC Glossary definition it can be evaluated and processed coordinators and transmission operators of ‘‘Operational Planning Analysis’’ and comparable to a request for interchange to review energy interchange new proposed Reliability Standard INT– that crosses balancing authority areas.8 transactions from the wide-area and 011–1. The estimate reflects NERC’s Accordingly, we estimate an increase local area reliability viewpoints proposal to include a requirement that of one hour needed for ‘‘Submit respectively and, where their review interchange information must be Interchange Information’’ for balancing indicates a potential detrimental submitted for all point-to-point transfers authorities, ‘‘Communicate Transaction reliability impact, communicate to the entirely within a balancing authority Modification’’ for the reliability sink balancing authorities necessary area, including all grandfathered and coordinators, and ‘‘Submit a Request for transaction modifications. ‘‘non-Order No. 888’’ transfers; and Interchange’’ for the load-serving In its February 27, 2014 petition, NERC’s alternative proposal to address entities, respectively. With respect to NERC seeks Commission approval of the Commission’s concern regarding the proposed revisions and retirement of proposed revisions to the currently INT–006–1, as described above. the currently-effective Reliability effective Reliability Standards, as well NERC explains that ‘‘by explicitly Standards, the Commission estimates no as one new Reliability Standard to including ‘Interchange’ in the definition material change in information address the Commission’s directives. of ‘Operational Planning Analysis,’ the collection because the consolidation of NERC asserts that, collectively, the five Reliability Coordinator must consider the standards does not impact the proposed Reliability Standards, Interchange when performing the paperwork burden. consisting of fourteen requirements, analysis required in Reliability Standard Burden Statement: Public reporting consolidate the body of Interchange IRO–008–1.’’ 6 These administrative burden for this proposed collection is Scheduling and Coordination Reliability burdens fall into three categories of estimated as: FERC–725A

Annual Total annual Number and type of number of Total number Average burden hours Cost per respondents responses of responses burden & cost & total annual respondent per per response 9 ($) respondent cost (1) (2) (1)*(2) = (3) (4) (3)*(4) = (5) (5) ÷ (1) Submit Interchange Information ...... 114, Balancing authority (BA) ...... 52 5,928 1, $60 5,928, $3,120 $355,680 Communicate Transaction Modifica- 21, Reliability coordinator (RC) ...... 12 252 1, $60 252, $15,120 720 tion. Submit Request for Interchange (INT– 502, Load-serving entity (LSE) ...... 12 6,024 1, $60 6,024, 720 011–1). $361,440 Evidence Retention ...... 637, BA/RC/LSE ...... 1 637 1, $32 637, $20,384 32 Total ...... 12,841 ...... 12,841, ...... $752,624

2 Order No. 693, FERC Stats. & Regs. ¶ 31,242 at 4 ‘‘Interchange’’ is defined in the NERC Glossary 7 NERC Petition, Exhibit E at 1–2. PP 814–887. as ‘‘Energy transfers that cross Balancing Authority 8 NERC Petition at 22. 3 NERC Petition at 4. Boundaries. 9 The estimates for cost per response are derived 5 NERC Petition at 32. using the following formula: Average Burden Hours 6 NERC Petition at 32. per Response * XX per Hour = Average Cost per Continued

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Dated: June 18, 2014. its environmental assessment (EA) and Secretary of the Commission. Kimberly D. Bose, place it into the Commission’s public Environmental commentors will be Secretary. record (eLibrary) for this proceeding; or placed on the Commission’s [FR Doc. 2014–15091 Filed 6–26–14; 8:45 am] issue a Notice of Schedule for environmental mailing list, will receive BILLING CODE 6717–01–P Environmental Review. If a Notice of copies of the environmental documents, Schedule for Environmental Review is and will be notified of meetings issued, it will indicate, among other associated with the Commission’s DEPARTMENT OF ENERGY milestones, the anticipated date for the environmental review process. Commission staff’s issuance of the final Environmental commentors will not be Federal Energy Regulatory environmental impact statement (FEIS) required to serve copies of filed Commission or EA for this proposal. The filing of the documents on all other parties. [Docket No. CP14–498–000] EA in the Commission’s public record However, the non-party commentors for this proceeding or the issuance of a will not receive copies of all documents Notice of Application; Rockies Express Notice of Schedule for Environmental filed by other parties or issued by the Pipeline LLC Review will serve to notify federal and Commission (except for the mailing of state agencies of the timing for the environmental documents issued by the Take notice that on June 10, 2014, completion of all necessary reviews, and Commission) and will not have the right Rockies Express Pipeline LLC (Rockies the subsequent need to complete all to seek court review of the Express), 370 Van Gordon Street, federal authorizations within 90 days of Commission’s final order. Lakewood, Colorado 80228–1519, filed the date of issuance of the Commission The Commission strongly encourages an application under section 7(c) of the staff’s FEIS or EA. electronic filings of comments, protests Natural Gas Act to modify, construct There are two ways to become and interventions in lieu of paper using and operate certain facilities that will involved in the Commission’s review of the ‘‘eFiling’’ link at http:// enable the bi-directional flow of natural this project. First, any person wishing to www.ferc.gov. Persons unable to file on the Rockies Express mainline from obtain legal status by becoming a party electronically should submit an original Monroe County, Ohio to the existing to the proceedings for this project and 7 copies of the protest or Natural Gas Pipeline Company of should, on or before the comment date intervention to the Federal Energy America (NGPL) delivery interconnect stated below, file with the Federal located in Moultrie County, Illinois, all Regulatory Commission, 888 First Street Energy Regulatory Commission, 888 NE., Washington, DC 20426. as more fully set forth in the First Street NE., Washington, DC 20426, application. This filing is available for Comment Date: 5:00 p.m. Eastern a motion to intervene in accordance Time on July 14, 2014. review at the Commission in the Public with the requirements of the Reference Room or may be viewed on Commission’s Rules of Practice and Dated: June 23, 2014. the Commission’s Web site at http:// Procedure (18 CFR 385.214 or 385.211) Kimberly D. Bose, www.ferc.gov using the ‘‘eLibrary’’ link. and the Regulations under the NGA (18 Secretary. Enter the docket number excluding the CFR 157.10). A person obtaining party [FR Doc. 2014–15076 Filed 6–26–14; 8:45 am] last three digits in the docket number status will be placed on the service list BILLING CODE 6717–01–P field to access the document. There is maintained by the Secretary of the an ‘‘eSubscription’’ link on the Web site Commission and will receive copies of that enables subscribers to receive email all documents filed by the applicant and DEPARTMENT OF ENERGY notification when a document is added by all other parties. A party must submit to a subscribed docket(s). For assistance, 7 copies of filings made with the Federal Energy Regulatory please contact FERC Online Support at Commission and must mail a copy to Commission [email protected] or toll the applicant and to every other party in [Project No. 1388–075] free at (866) 208–3676, or for TTY, the proceeding. Only parties to the contact (202) 502–8659. proceeding can ask for court review of Southern California Edison Company; Any questions regarding this project Commission orders in the proceeding. Notice of Application Accepted for should be directed to Robert F. However, a person does not have to Filing, Soliciting Comments, Motions Harrington, Vice President, Regulatory, intervene in order to have comments To Intervene, and Protests Rockies Express Pipeline LLC, 370 Van considered. The second way to Gordon Street, Lakewood, CO 80228– participate is by filing with the Take notice that the following 1519 at (303) 763–3258 (phone) or Secretary of the Commission, as soon as hydroelectric application has been filed robert.harrington@ possible, an original and two copies of with the Commission and is available tallgrassenergyylp.com. comments in support of or in opposition for public inspection: Pursuant to section 157.9 of the to this project. The Commission will a. Type of Application: Application Commission’s rules, 18 CFR 157.9, consider these comments in for Temporary Variance of Minimum within 90 days of this Notice, the determining the appropriate action to be Pool Elevation Requirement. Commission staff will either: Complete taken, but the filing of a comment alone b. Project No.: 1388–075. will not serve to make the filer a party c. Date Filed: June 16, 2014. Response. The estimates for cost per hour (rounded to the proceeding. The Commission’s d. Applicant: Southern California to the nearest dollar) are derived as follows: rules require that persons filing Edison Company (licensee). • $60/hour, the average salary plus benefits per engineer (from Bureau of Labor Statistics at http:// comments in opposition to the project e. Name of Project: Lee Vining. bls.gov/oes/current/naics3_221000.htm). provide copies of their protests only to f. Location: Lee Vining Creek in Mono • $82/hour, the salary plus benefits per manager the party or parties directly involved in County, CA. (from Bureau of Labor Statistics at http://bls.gov/ the protest. g. Filed Pursuant to: Federal Power oes/current/naics3_221000.htm). Persons who wish to comment only Act, 16 U.S.C. 791(a)–825(r). • $32/hour, the salary plus benefits per information and record clerks (from Bureau of on the environmental review of this h. Applicant Contact: Mr. Wayne Labor Statistics at http://bls.gov/oes/current/ project should submit an original and Allen, Southern California Edison naics3_221000.htm). two copies of their comments to the Company, 1515 Walnut Grove Avenue,

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Rosemead, CA 91770. Phone (626) 302– esubscription.asp to be notified via accordance with 18 CFR 4.34(b) and 9741. email of new filings and issuances 385.2010. i. FERC Contact: Mr. John Aedo, (415) related to this or other pending projects. Dated: June 18, 2014. 369–3335, or [email protected]. For assistance, call 1–866–208–3676 or Kimberly D. Bose, j. Deadline for filing comments, email [email protected], for motions to intervene, protests, and TTY, call (202) 502–8659. A copy is also Secretary. recommendations is 30 days from the available for inspection and [FR Doc. 2014–15087 Filed 6–26–14; 8:45 am] issuance date of this notice by the reproduction at the address in item (h) BILLING CODE 6717–01–P Commission (July 18, 2014). The above. Commission strongly encourages m. Individuals desiring to be included electronic filing. Please file motions to on the Commission’s mailing list should DEPARTMENT OF ENERGY intervene, protests, comments, or so indicate by writing to the Secretary Federal Energy Regulatory recommendations using the of the Commission. Commission’s eFiling system at http:// n. Comments, Protests, or Motions to Commission www.ferc.gov/docs-filing/efiling.asp. Intervene: Anyone may submit North East Wisconsin Hydro, LLC; Commenters can submit brief comments comments, a protest, or a motion to Notice Soliciting Scoping Comments up to 6,000 characters, without prior intervene in accordance with the registration, using the eComment system requirements of Rules of Practice and Take notice that the following at http://www.ferc.gov/docs-filing/ Procedure, 18 CFR 385.210, .211, .214. hydroelectric application has been filed ecomment.asp. You must include your In determining the appropriate action to with the Commission and is available name and contact information at the end take, the Commission will consider all for public inspection. of your comments. For assistance, protests or other comments filed, but a. Type of Application: Original Major please contact FERC Online Support at only those who file a motion to License. [email protected], (866) intervene in accordance with the b. Project No.: P–2744–039. 208–3676 (toll free), or (202) 502–8659 Commission’s Rules may become a c. Date filed: February 28, 2013. (TTY). In lieu of electronic filing, please party to the proceeding. Any comments, d. Applicant: North East Wisconsin send a paper copy to: Secretary, Federal protests, or motions to intervene must Hydro, LLC. Energy Regulatory Commission, 888 be received on or before the specified e. Name of Project: Menominee-Park First Street NE., Washington, DC 20426. comment date for the particular Mill Hydroelectric Project. Please include the project number (P– application. f. Location: On the Menominee River 1388–075) on any comments, motions to o. Filing and Service of Responsive in Menominee County, Michigan, and intervene, protests, or recommendations Documents: Any filing must (1) bear in Marinette County, Wisconsin. filed. all capital letters the title g. Filed Pursuant to: Federal Power k. Description of Request: The ‘‘COMMENTS’’, ‘‘PROTEST’’, or Act 16 U.S.C. 791 (a)–825(r). licensee requests Commission approval ‘‘MOTION TO INTERVENE’’ as h. Applicant Contact: Scott Klabunde, to temporarily reduce the surface applicable; (2) set forth in the heading Senior VP of Operations; North elevation of Tioga Lake below the the name of the applicant and the American Hydro Holdings, LLC; P.O. minimum pool elevation requirement of project number of the application to Box 167; 116 N State Street; Neshkoro, its project license. U.S. Forest Service which the filing responds; (3) furnish WI 54960; (920) 293–4628 (Ext. 314). Section 4(e) Condition No. 4 requires the name, address, and telephone i. FERC Contact: Chelsea Hudock, that the licensee maintain Tioga Lake number of the person protesting or (202) 502–8448 or chelsea.hudock@ within 2 feet of the spillway crest intervening; and (4) otherwise comply ferc.gov. during dry years, from May 1st through with the requirements of 18 CFR j. Deadline for filing scoping September 30th. In order to 385.2001 through 385.2005. All comments: July 23, 2014. accommodate the planned installation comments, motions to intervene, or The Commission strongly encourages of geomembrane liners on the main and protests must set forth their evidentiary electronic filing. Please file scoping auxiliary dams, the licensee requests basis and otherwise comply with the comments using the Commission’s Commission approval to begin draining requirements of 18 CFR 4.34(b). All eFiling system at http://www.ferc.gov/ Tioga Lake on September 2, 2014, comments, motions to intervene, or docs-filing/efiling.asp. Commenters can thereby reducing lake levels below the protests should relate to project works submit brief comments up to 6,000 required elevation prior to September which are the subject of the license characters, without prior registration, 30th. The licensee would maintain surrender. Agencies may obtain copies using the eComment system at http:// natural flows through the outlet valve of the application directly from the www.ferc.gov/docs-filing/ through the duration of the proposed applicant. A copy of any protest or ecomment.asp. You must include your project. motion to intervene must be served name and contact information at the end l. Locations of the Application: A upon each representative of the of your comments. For assistance, copy of the application is available for applicant specified in the particular please contact FERC Online Support at inspection and reproduction at the application. If an intervener files [email protected], (866) Commission’s Public Reference Room, comments or documents with the 208–3676 (toll free), or (202) 502–8659 located at 888 First Street NE., Room Commission relating to the merits of an (TTY). In lieu of electronic filing, please 2A, Washington, DC 20426, or by calling issue that may affect the responsibilities send a paper copy to: Secretary, Federal (202) 502–8371. This filing may also be of a particular resource agency, they Energy Regulatory Commission, 888 viewed on the Commission’s Web site at must also serve a copy of the document First Street NE., Washington, DC 20426. http://www.ferc.gov/docs-filing/ on that resource agency. A copy of all The first page of any filing should elibrary.asp. Enter the docket number other filings in reference to this include docket number P–2744–039. excluding the last three digits in the application must be accompanied by The Commission’s Rules of Practice docket number field to access the proof of service on all persons listed in require all intervenors filing documents document. You may also register online the service list prepared by the with the Commission to serve a copy of at http://www.ferc.gov/docs-filing/ Commission in this proceeding, in that document on each person on the

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official service list for the project. (7) A 4,430-foot-long, 24.900-kV The Commission staff intends to Further, if an intervenor files comments transmission line from the Park Mill prepare a single Environmental or documents with the Commission transformer to its interconnection with Assessment (EA) for the Menominee- relating to the merits of an issue that Wisconsin Public Service Corporation Park Mill Hydroelectric Project in may affect the responsibilities of a (WPSC); and accordance with the National particular resource agency, they must (8) appurtenant facilities. Environmental Policy Act. The EA will also serve a copy of the document on The Park Mill Development consists consider both site-specific and that resource agency. of the following existing features: cumulative environmental impacts and k. This application is not ready for (1) a 20-foot-long earthen reasonable alternatives to the proposed environmental analysis at this time. embankment with a concrete core wall action. l. The Menominee-Park Mill Project connected to the concrete dam at the Commission staff does not propose to consists of two developments: the south end of the dam; conduct any on-site scoping meetings at Menominee Development and the Park (2) a 466.5-long concrete gravity dam this time. Instead, we are soliciting Mill Development. that includes the following segments comments, recommendations, and The Park Mill Development consists (from south to north): information, on the Scoping Document of the following existing features: (a) a 15-foot-long dam with a crest (SD) issued on June 23, 2014. (1) A 538.58-long concrete gravity elevation of 598.5 feet msl; Copies of the SD outlining the subject dam that includes the following (b) a 24-foot-high, 293-foot-long areas to be addressed in the EA were segments (from south to north): spillway with a sill elevation of 582.0 distributed to the parties on the (a) A 22-foot-high, 303.5-foot-long feet, consisting of 12 20-foot-wide by 11- Commission’s mailing list and the spillway with a crest elevation of 607.0 foot-high Tainter gates; applicant’s distribution list. Copies of feet mean sea level (msl), topped with (c) a 150.5-foot-long overflow the SD may be viewed on the Web at flashboards providing a crest elevation spillway with a crest elevation of 594.0 http://www.ferc.gov using the of 610.0 feet msl; feet msl; ‘‘eLibrary’’ link. Enter the docket (b) An 18-foot-long abandoned (d) an 8-foot-long abandoned fishway number excluding the last three digits in fishway and log sluice blocked with blocked with wooden stop logs having the docket number field to access the wooden stop logs having a crest a crest elevation of 594.0 feet msl; document. For assistance, call 1–866– elevation of 610.0 feet msl; (3) a reservoir with a normal operating 208–3676 or for TTY, (202) 502–8659. (c) A 168.58-foot-long spillway with elevation of 594.0 feet msl, a surface seven 20-foot-wide by 11-foot-high area of about 143 acres and a normal Dated: June 23, 2014. Tainter gates with a sill elevation of 598 operating head of 12 feet; Kimberly D. Bose, feet msl and a top of gate elevation 610 (4) a 204-foot-long concrete and brick Secretary. feet msl; powerhouse integral with the dam on [FR Doc. 2014–15078 Filed 6–26–14; 8:45 am] (d) A 22-foot-high, 48.5-foot-long the north side of the river with a total BILLING CODE 6717–01–P concrete gravity spillway with a crest installed capacity of 2.240 MW and a elevation of 607.0 feet msl, topped with total combined maximum hydraulic flashboards providing a crest elevation capacity of 2,622 cfs, consisting of: DEPARTMENT OF ENERGY of 610.0 feet msl; (a) two 500–HP Kaplan turbines each (2) A reservoir with a normal connected to a 0.458 MW generator, and Federal Energy Regulatory operating elevation of 610.0 feet msl, a (b) two 1,130–HP Kaplan turbines Commission each connected to a 0.662 MW surface area of about 539 acres, and a Combined Notice of Filings normal operating head of 16 feet; generator, (3) Inlet works that consist of a 100- (5) a 3-phase 3,000-kVA 4.16/24.9-kV Take notice that the Commission has foot-wide concrete gravity section with step-up transformer; received the following Natural Gas five 16-foot-wide Tainter gates having a (6) a 575-foot-long, 24.900-kV Pipeline Rate and Refund Report filings: sill elevation of 598 feet msl and a top transmission line from the Menominee of gate elevation 610 feet msl; transformer to its interconnection with Filings Instituting Proceedings (4) A 2,400-foot-long power canal that WPSC; and Docket Numbers: RP14–1052–000. is created by an earthen embankment (7) appurtenant facilities. Applicants: East Tennessee Natural with a 16 foot top width and a crest m. A copy of the application is Gas, LLC. elevation of 613 feet; available for review at the Commission Description: EQT temporary release to (5) A 138-foot-long stone and brick in the Public Reference Room or may be Range to be effective 6/16/2014. powerhouse at the downstream end of viewed on the Commission’s Web site at Filed Date: 6/18/14. the headrace canal with a total installed http://www.ferc.gov using the Accession Number: 20140618–5052. capacity of 2.375 MW and a total ‘‘eLibrary’’ link. Enter the docket Comments Due: 5 p.m. ET 6/30/14. combined maximum hydraulic capacity number excluding the last three digits in Docket Numbers: RP14–1053–000. of 2,309 cfs, consisting of: the docket number field to address the Applicants: Equitrans, L.P. (a) One 300-horsepower (HP) Kaplan document. For assistance, contact FERC Description: Revised Formula-Based turbine connected to a 0.225–MW Online Support. A copy is available for Negotiated Rates Effective 3–1–2014 to generator, inspection and reproduction at the be effective 3/1/2014. (b) two 800–HP Francis turbines each address in Item H above. Filed Date: 6/18/14. connected to a 0.420–MW generator, n. You may also register online at Accession Number: 20140618–5076. (c) two 700–HP Kaplan turbines each http://www.ferc.gov/docs-filing/ Comments Due: 5 p.m. ET 6/30/14. connected to a 0.430–MW generator, esubscription.asp to be notified via Docket Numbers: RP14–1054–000. (d) one 465–HP Kaplan turbine email of new filings and issuances Applicants: Rockies Express Pipeline connected to a 0.450–MW generator; related to this or other pending projects. LLC. (6) A 3-phase 3,000-kilovolt ampere For assistance, contact FERC Online Description: Neg Rate 2014–06–18 (kVA), 0.48/24.9-kilovolt (kV) step-up Support. A&R NC BP to be effective 6/19/2014. transformer; o. Scoping Process: Filed Date: 6/18/14.

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Accession Number: 20140618–5124. Applicants: RTO Energy Trading, must file in accordance with Rules 211 Comments Due: 5 p.m. ET 6/30/14. LLC. and 214 of the Commission’s The filings are accessible in the Description: Amended FERC Electric Regulations (18 CFR 385.211 and Commission’s eLibrary system by Tariff No. 1 to be effective 6/27/2014. 385.214) on or before 5:00 p.m. Eastern clicking on the links or querying the Filed Date: 6/16/14. time on the specified comment date. docket number. Accession Number: 20140616–5071. Protests may be considered, but Any person desiring to intervene or Comments Due: 5 p.m. ET 6/26/14. intervention is necessary to become a protest in any of the above proceedings Docket Numbers: ER14–1955–001. party to the proceeding. must file in accordance with Rules 211 Applicants: RTO Energy Trading, eFiling is encouraged. More detailed and 214 of the Commission’s LLC. information relating to filing Regulations (18 CFR 385.211 and Description: Supplement to May 13, requirements, interventions, protests, 385.214) on or before 5:00 p.m. Eastern 2014 and June 16, 2014 RTO Energy service, and qualifying facilities filings time on the specified comment date. Trading, LLC tariff filing. can be found at: http://www.ferc.gov/ Protests may be considered, but Filed Date: 6/18/14. docs-filing/efiling/filing-req.pdf. For intervention is necessary to become a Accession Number: 20140618–5085. other information, call (866) 208–3676 party to the proceeding. Comments Due: 5 p.m. ET 6/26/14. (toll free). For TTY, call (202) 502–8659. eFiling is encouraged. More detailed Docket Numbers: ER14–2217–000. information relating to filing Applicants: Southwest Power Pool, Dated: June 19, 2014. requirements, interventions, protests, Inc. Kimberly D. Bose, service, and qualifying facilities filings Description: 2893 Steele Flats GIA; Secretary. can be found at: http://www.ferc.gov/ Cancellation of 2490R1 & 2642 to be [FR Doc. 2014–15089 Filed 6–26–14; 8:45 am] docs-filing/efiling/filing-req.pdf. For effective 5/23/2014. BILLING CODE 6717–01–P other information, call (866) 208–3676 Filed Date: 6/18/14. (toll free). For TTY, call (202) 502–8659. Accession Number: 20140618–5078. Comments Due: 5 p.m. ET 7/9/14. DEPARTMENT OF ENERGY Dated: June 19, 2014. Docket Numbers: ER14–2218–000. Nathaniel J. Davis, Sr., Federal Energy Regulatory Applicants: California Independent Deputy Secretary. Commission System Operator Corporation. [FR Doc. 2014–15067 Filed 6–26–14; 8:45 am] _ Description: 2014–06–18 Combined Notice of Filings BILLING CODE 6717–01–P Amendment_PNM_DTBAOA to be effective 6/19/2014. Take notice that the Commission has Filed Date: 6/18/14. DEPARTMENT OF ENERGY received the following Natural Gas Accession Number: 20140618–5104. Pipeline Rate and Refund Report filings: Federal Energy Regulatory Comments Due: 5 p.m. ET 7/9/14. Filings Instituting Proceedings Commission Docket Numbers: ER14–2219–000. Applicants: Southwest Power Pool, Docket Numbers: RP13–941–000. Combined Notice of Filings #1 Inc. Description: Integrated Marketplace Applicants: Southern Star Central Gas Take notice that the Commission Filing—Clean-Up—Phase II to be Pipeline, Inc. received the following electric corporate effective 3/1/2014. Description: Rate Case (RP13–941) filings: Filed Date: 6/18/14. Refund Report Filing. Docket Numbers: EC14–101–000. Accession Number: 20140618–5121. Filed Date: 6/19/14. Applicants: NRG Yield, Inc., NRG Comments Due: 5 p.m. ET 7/9/14. Yield Operating LLC, Alta Wind I, LLC, Docket Numbers: ER14–2220–000. Accession Number: 20140619–5019. Alta Wind II, LLC, Alta Wind III, LLC, Applicants: PJM Interconnection, Comments Due: 5 p.m. ET 7/1/14. Alta Wind IV, LLC, Alta Wind V, LLC, L.L.C. The filings are accessible in the Alta Wind X, LLC, Alta Wind XI, LLC. Description: Queue Nos. N15, P10/ Commission’s eLibrary system by Description: Amendment to June 10, Y2–043; 2nd Rev. SA Nos. 2199, et al clicking on the links or querying the 2014 Joint Application for Approval and SA No. 3873 to be effective 5/19/ docket number. under Section 203 of the Federal Power 2014. Act and Request for Shortened Filed Date: 6/19/14. Any person desiring to intervene or Comment Period of NRG Yield, Inc., et. Accession Number: 20140619–5000. protest in any of the above proceedings al. Comments Due: 5 p.m. ET 7/10/14. must file in accordance with Rules 211 Filed Date: 6/18/14. Docket Numbers: ER14–2221–000. and 214 of the Commission’s Accession Number: 20140618–5093. Applicants: PJM Interconnection, Regulations (18 CFR 385.211 and Comments Due: 5 p.m. ET 7/9/14. L.L.C. 385.214) on or before 5:00 p.m. Eastern Docket Numbers: EC14–105–000. Description: Original Service time on the specified comment date. Applicants: Safeway Inc. Agreement No. 3859; Queue No. Z1–082 Protests may be considered, but Description: Application for to be effective 5/19/2014. intervention is necessary to become a Authorization under Section 203 of the Filed Date: 6/19/14. party to the proceeding. Federal Power Act of Safeway Inc. Accession Number: 20140619–5001. eFiling is encouraged. More detailed Filed Date: 6/18/14. Comments Due: 5 p.m. ET 7/10/14. information relating to filing Accession Number: 20140618–5150. The filings are accessible in the requirements, interventions, protests, Comments Due: 5 p.m. ET 7/9/14. Commission’s eLibrary system by service, and qualifying facilities filings Take notice that the Commission clicking on the links or querying the can be found at: http://www.ferc.gov/ received the following electric rate docket number. docs-filing/efiling/filing-req.pdf. For filings: Any person desiring to intervene or other information, call (866) 208–3676 Docket Numbers: ER14–1955–001. protest in any of the above proceedings (toll free). For TTY, call (202) 502–8659.

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Dated: June 23, 2014. Docket No. ER13–1945, Midcontinent DEPARTMENT OF ENERGY Nathaniel J. Davis, Sr., Independent System Operator, Inc. Federal Energy Regulatory Deputy Secretary. Docket No. ER13–1955, Entergy Commission [FR Doc. 2014–15068 Filed 6–26–14; 8:45 am] Services, Inc. BILLING CODE 6717–01–P Docket No. ER13–1956, Cleco Power [Docket No. EL14–69–000] LLC Entergy Texas, Inc. (Complainant) v. DEPARTMENT OF ENERGY Docket No. ER14–1912, Midcontinent East Texas Electric Cooperative, Inc., Independent System Operator, Inc. Sam Rayburn Electric Cooperative, Federal Energy Regulatory Docket No. EL13–75, Indicated Load- Inc., Tex-La Electric Cooperative of Commission Serving Entities v. Midcontinent Texas, Inc., (Respondents); Notice of Complaint Notice of Commission Staff Independent System Operator, Inc. Attendance and PJM Interconnection, L.L.C. Take notice that on June 20, 2014, Docket No. EL13–76, AmerenEnergy pursuant to Rules 206 and 212 of the The Federal Energy Regulatory Resources Generating Co. v. Federal Energy Regulatory Commission (Commission) hereby gives Midcontinent Independent System Commission’s (Commission) Rules of notice that members of the Operator, Inc. Practice and Procedure, 18 CFR 385.206 Commission’s staff may attend the Docket No. EL13–88, Northern Indiana and 385.212 and sections 206 and 306 following meetings related to the of the Federal Power Act, 16 U.S.C. transmission planning activities of the Public Service Company v. Midcontinent Independent System 824(e) and 825(e), Entergy Texas, Inc. Midcontinent Independent System (ETI) filed: (1) A formal complaint Operator, Inc. (MISO): Operator, Inc. and PJM Interconnection, L.L.C. against East Texas Electric Cooperative, MISO Planning Subcommittee Inc., Sam Rayburn Electric Cooperative, Docket No. AD12–16, Capacity Meeting—June 24, 2014. Inc., and Tex-La Electric Cooperative of Deliverability Across the Midwest MISO Planning Advisory Texas, Inc. (collectively, ETEC) alleging Independent Transmission System Committee—June 25, 2014. that, ETI’s allocation of its 2005 The above-referenced meetings will Operator, Inc./PJM Interconnection, Bandwidth receipts to ETEC was unjust be held at: MISO Headquarters, 720 City L.L.C. Seam and unreasonable,1 and (2) request that Center Drive, Carmel, IN 46032. Docket No. AD14–3, Coordination this proceeding be consolidated with The above-referenced meetings are Across the Midcontinent Independent Docket No. EL14–43–000. open to the public. System Operator, Inc./PJM The ETI certifies that copies of the Further information may be found at Interconnection, L.L.C. Seam complaint were served on the contacts www.misoenergy.org. for ETEC as listed on the Commission’s The discussions at the meeting Docket No. OA08–53, Midwest list of Corporate Officials, as well as described above may address matters at Independent Transmission System ETEC’s counsel in Docket No. EL14–43– issue in the following proceedings: Operator, Inc. 000. Docket No. EL14–21, Southwest Power Docket No. ER11–1844, Midwest Any person desiring to intervene or to Pool, Inc. Independent Transmission System protest this filing must file in Operator, Inc. Docket No. EL14–30, Midcontinent accordance with Rules 211 and 214 of Docket No. ER12–2302, Midwest Independent System Operator, Inc. the Commission’s Rules of Practice and Independent Transmission System Docket No. ER14–1174, Southwest Procedure (18 CFR 385.211, 385.214). Operator, Inc. Power Pool, Inc. Protests will be considered by the Docket No. ER13–186, et. al., Midwest Commission in determining the Docket No. ER14–1713, Midcontinent Independent Transmission System appropriate action to be taken, but will Independent System Operator, Inc. Operator, Inc. not serve to make protestants parties to Docket No. ER13–187, et. al., Midwest Docket No. ER14–1736, Midcontinent the proceeding. Any person wishing to Independent Transmission System Independent System Operator, Inc. become a party must file a notice of Operator, Inc. Docket No. ER14–2022, Midcontinent intervention or motion to intervene, as Docket No. ER13–1923, Midcontinent Independent System Operator, Inc. appropriate. The Respondent’s answer Independent System Operator, Inc. and all interventions, or protests must Docket No. ER14–2059, Midcontinent Docket No. ER13–1924, Duquesne Light be filed on or before the comment date. Independent System Operator, Inc. Company, PJM Interconnection, L.L.C. The Respondent’s answer, motions to Docket No. ER13–1930, Louisville Gas Docket No. ER14–2062, Southwest intervene, and protests must be served and Electric Company Power Pool, Inc. on the Complainants. Docket No. ER13–1937, Southwest Docket No. ER14–2159, Midcontinent The Commission encourages Power Pool, Inc. Independent System Operator, Inc. electronic submission of protests and Docket No. ER13–1938, Midcontinent interventions in lieu of paper using the Independent System Operator, Inc. For more information, contact Jason ‘‘eFiling’’ link at http://www.ferc.gov. Docket No. ER13–1939, Southwest Strong, Office of Energy Markets Persons unable to file electronically Power Pool, Inc. Regulation, Federal Energy Regulatory should submit an original and 5 copies Docket No. ER13–1940, Ohio Valley Commission at (202) 502–6124 or Electric Corporation [email protected]. 1 The Complainant argues that such allocation is Docket No. ER13–1941, Alabama Power Dated: June 18, 2014. unjust and unreasonable to the extent that the Company Commission holds, in Docket No. EL14–43–000, Docket No. ER13–1943, Midcontinent Kimberly D. Bose, that ETI is required to allocate its Bandwidth Secretary. payments or receipts, using an energy method or Independent System Operator, Inc. otherwise violated the Second Amended and Docket No. ER13–1944, PJM [FR Doc. 2014–15086 Filed 6–26–14; 8:45 am] Restated Agreement for Partial Requirements Interconnection, L.L.C. BILLING CODE 6717–01–P Wholesale Service between ETI and ETEC.

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of the protest or intervention to the addition the voltage would change from the Allison Creek Hydroelectric Project Federal Energy Regulatory Commission, 34.5 kilovolts (kV) to 25 kV. Staff to modify the penstock design, modify 888 First Street NE., Washington, DC prepared a supplemental environmental the temporary construction access 20426. assessment (EA) which analyzes the roads, and construct a penstock/access This filing is accessible on-line at potential environmental effects of the tunnel. This amendment was approved http://www.ferc.gov, using the proposed amendment, and concludes by the Commission on November 20, ‘‘eLibrary’’ link and is available for that amending the license, with 2013 2 and was supported by an review in the Commission’s Public appropriate environmental protective Environmental Assessment (EA) issued Reference Room in Washington, DC. measures, would not constitute a major concurrently with the order. There is an ‘‘eSubscription’’ link on the federal action that would significantly On April 11, 2014, the licensee filed Web site that enables subscribers to affect the quality of the human another application to amend its receive email notification when a environment. license. In its amendment application, document is added to a subscribed A copy of the EA may be viewed on the licensee proposes to change the docket(s). For assistance with any FERC the Commission’s Web site at http:// powerhouse and tailrace to Online service, please email www.ferc.gov/docs-filing/elibrary.asp. accommodate a single 6.5 megawatt [email protected], or call Enter the docket number (P–13124) in (MW) turbine unit instead of the (866) 208–3676 (toll free). For TTY, call the docket number field to access the licensed two 3.25 MW units. The (202) 502–8659. document. You may also register online licensee is also requesting permission to Comment Date: 5:00 p.m. Eastern at http://www.ferc.gov/docs-filing/ change the transmission line from 34.5 Time on July 21, 2014. esubscription.asp to be notified via kilovolts (kV) to 25 kV and to relocate Dated: June 20, 2014. email of new filings and issuances the transmission line route south and related to this or other pending projects. uphill of the currently licensed route. Kimberly D. Bose, For assistance, call 1–866–208–3676 or As licensed, the project will be Secretary. email [email protected], for constructed on Allison Creek at river [FR Doc. 2014–15081 Filed 6–26–14; 8:45 am] TTY, call (202) 502–8659. A copy is also mile 1.89, about 10,000 feet upstream of BILLING CODE 6717–01–P available for inspection and the mouth of Allison Creek and about reproduction at the Commission’s 2,350 feet downstream of the outlet of Public Reference Room located at 888 Allison Lake near the city of Valdez, DEPARTMENT OF ENERGY First Street NE., Room 2A, Washington, Alaska. The project does not occupy any Federal Energy Regulatory DC 20426, or by calling (202) 502–8371. lands of the United States. Commission Dated: June 20, 2014. This supplemental EA is intended to Kimberly D. Bose, analyze the environmental impacts of [Project No. 13124–015] the licensee’s most recent April 14, 2014 Secretary. amendment request and relies, in part, Copper Valley Electric Association, SUPPLEMENTAL ENVIRONMENTAL on the EA that was issued by the Inc.; Notice of Availability of ASSESSMENT FOR AMENDMENT OF Commission on November 20, 2013. Supplemental Environmental LICENSE Only the environmental impacts of the Assessment Allison Creek Hydroelectric Project— changes to the powerhouse, tailrace, and In accordance with the National FERC Project No. 13124—Alaska transmission line will be considered in Environmental Policy Act of 1969 and this supplemental EA. the Federal Energy Regulatory Federal Energy Regulatory Commission, Proposed Action Commission’s (Commission or FERC’s) Office of Energy Projects, Division of As licensed, the powerhouse would regulations, 18 Code of Federal Hydropower Administration and be 65 feet by 65 feet and would contain Regulations (CFR) Part 380 (Order No. Compliance, 888 First Street NE., two 3.25 MW generator units that 486, 52 Federal Register 47897), the Washington, DC 20426 discharge into a 120 feet long concrete Office of Energy Projects has reviewed June 2014 tailrace that exits the powerhouse to the Copper Valley Electric Association, SUPPLEMENTAL ENVIRONMENTAL west. This amendment would slightly Inc.’s application to amend its license ASSESSMENT shift the powerhouse location and for the Allison Creek Hydroelectric would pivot the tailrace approximately Project (FERC Project No. 13124). The Federal Energy Regulatory Commission, 90 degrees to the north. This would 6.5-megawatt (MW) project is located on Office of Energy Projects, Division of allow for a shorter, shallower, and Allison Creek near Valdez, Alaska. The Hydropower Administration and Compliance, Washington, DC steeper tailrace. The tailrace would still project does not occupy any federal return flow to Allison Creek above the lands. Allison Creek Hydroelectric Project natural salmon barrier known as ‘‘The The licensee is proposing to amend its FERC Project No. 13124—Alaska Chutes.’’ The new powerhouse would powerhouse and tailrace to include a be 55 feet by 65 feet and would contain single 6.5 MW turbine generator unit Introduction a single 6.5 MW turbine generator unit. instead of the two smaller 3.25 MW On August 1, 2013, the Federal The new tailrace would be a 70.5 feet units that were licensed. This Energy Regulatory Commission long concrete channel exiting the amendment would shift the powerhouse (Commission) issued an original license powerhouse to the north. location and pivot the tailrace for the unconstructed Allison Creek The project’s transmission line, as approximately 90 degrees to the north. Hydroelectric Project No. 13124.1 On licensed, is a 34.5 kV line that runs for In addition to the changes to the September 27, 2013, Copper Valley 3.8 miles along the Trans-Alaska powerhouse and tailrace, the licensee Electric Association, Inc. (licensee) filed Pipeline System (TAPS) right-of-way, proposes to shift the transmission line an application to amend its license for route south and uphill of the original 2 Order Amending License, Approving Temporary licensed route along the Trans-Alaska 1 Order Issuing Original License, 144 FERC Penstock Access Route Plan, and Deleting Article Pipeline System right-of-way. In ¶ 62,089. 415 (145 FERC ¶ 62,124).

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including 1 mile of the Solomon Gulch the Interior (Interior) filed comments removal of the cofferdam. Disturbed trail. The Solomon Gulch trail is a pursuant to the public notice. In its areas would be stabilized with erosion recreational feature of Copper Valley letter, the Interior expressed concerns control blankets and revegetated with Electric’s Solomon Gulch Hydroelectric about the licensee’s lack of analysis in native grasses. During in-water Project (FERC No. 2742). This support of its license amendment construction, daily turbidity monitoring amendment would change the application with regard to potential would be conducted by an transmission line to a 25 kV line that recreation and aesthetic impacts environmental compliance monitor would run 3.8 miles south and uphill of associated with the new routing of the upstream and downstream of the work the original route along the TAPS right- transmission line. Because the new area. If downstream turbidity measures of-way terminating at the Petro Star route is a significant change from the greater than 25 Nephelometric Turbidity refinery. The revised transmission line route analyzed in the June 21, 2013 EA Units (NTUs) higher than upstream route would utilize a designated section issued by the Commission, Interior, measurements, then related line utility corridor for a portion of the recommends that the Commission construction activities would be route. The line would no longer follow scope, study, and analyze potential stopped and appropriate protection the Solomon Gulch trail; however, it impacts related to the proposed new measures would be taken. Alaska DFG would cross the trail at one location. No route as appropriate and that the would be notified of any non- changes to project operations are licensee subsequently revise its April compliance event that may affect fish proposed. 14, 2014 application for amendment of resources. To further protect aquatic license. Interior also stated in its letter species, the licensee would comply with Pre-Filing Consultation and Public that it had no comments on the the Commission’s December 20, 2013, Comment proposed changes to the powerhouse Order Approving Phase I of the Biotic Pre-Filing Consultation and the tailrace. Monitoring Plan Pursuant to License 3 Prior to filing the application, the In a letter dated June 3, 2014, the Article 407. licensee consulted with the Alaska State licensee responded to the Interior’s On February 7, 2014, the Alaska DFG Historic Preservation Officer (SHPO), comments on the revised transmission issued a Fish Habitat Permit for the National Marine Fisheries Service line route and provided an expanded project. This permit contains additional (NMFS), U.S. Fish and Wildlife Service, explanation of the aesthetic and fish protection and enhancement and Alaska Department of Fish and recreational effects of the proposed measures that must be followed by the Game (Alaska DFG). On May 8, 2013, revised line. Interior’s comments and licensee. Any other environmental the SHPO concurred that no historic the licensee’s responses will be further impacts of the construction and properties would be affected. The FWS discussed in the environmental analysis operation of the powerhouse and stated that it had no objection to the section of this supplemental EA. tailrace would be similar to those proposed amendment by email dated Environmental Analysis considered in the September 27, 2013 March 11, 2014. On April 3, 2014, license and associated EA. Powerhouse and Tailrace NMFS replied by email and stated that Our Analysis the proposed license amendment does The environmental impacts of the not pose any risk to salmon or other powerhouse would be essentially the In, its comments, Alaska DFG aquatic resources. The NMFS also same as those considered during the requested the single generator pointed out that the new transmission preparation of the June 21, 2013, EA to powerhouse be designed with a line route reduces the possibility of support the license. Construction would generator water bypass system to some sensitive wetland impacts. The essentially occur in the same location maintain immediate flow in the NMFS had no objections to the but the footprint of the new powerhouse downstream reach in the event of a proposed amendment. would be slightly smaller than the project shutdown. This would allow for Alaska DFG commented in its email powerhouse originally licensed. The bypass reach ramping and reduce effects dated April 3, 2014, that it had no new tailrace would also be about 45.5 on fish in the downstream reach, if the objection to the amendment and feet shorter than the currently licensed penstock must also be dewatered. specifically stated it had no concerns tailrace, but it would also be The Alaska DFG made a similar 10(j) with the new alignment of the constructed with a higher grade. request during licensing. In the final transmission line or with the change in The concrete tailrace channel outfall license order, the Commission the footprint and location of the would be constructed about 1⁄4 mile concluded that the constant delivery of powerhouse. However, the Alaska DFG upstream of Dayville Road on the south minimum flows at the project’s requested the single generator side of Allison Creek, above the high diversion, required by Article 403, powerhouse be designed with a water mark. A bar grate barrier with 1- would provide a stable amount of flow generator water bypass system to inch spacing would be installed across to protect fishery resources downstream maintain immediate flow in the the channel to prevent fish from of the powerhouse. Therefore, an downstream reach in the event of a swimming up the tailrace channel to the additional failsafe provision for the project shutdown. This would allow for turbine. During construction a powerhouse was not needed.4 Since bypass reach ramping and reduce effects cofferdam would be utilized and after there are no changes in this amendment on fish in the downstream reach, if the installation, fish would be removed that would alter this determination, we penstock must also be dewatered. from behind the cofferdam in have not incorporated this accordance with a valid Fish Resource Public Notice recommendation. The licensee is still Permit from the Alaska DFG and placed required to comply with article 403, On May 1, 2014, the Commission back in the flowing water of the creek. which should provide adequate issued a public notice that the During project construction, best protection for downstream fisheries. amendment application was accepted management practices would be for filing and soliciting comments, followed to protect Allison Creek. The 3 145 FERC ¶ 62,223. motions to intervene, and protests. On only work that would be conducted in 4 Order Issuing Original License, 144 FERC May 29, 2014, the U.S. Department of flowing water is the installation and ¶ 62,089.

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Transmission Line Approving Vegetation Management Plan largest industrial complex in Alaska, the Pursuant to License Article 410.5 Valdez Marine Terminal. In addition, The licensed project would be located The proposed new transmission line the viewing distance from these three in a scenic, largely undeveloped area route would be farther from previously key viewpoints is so great that the above the south shore of Port Valdez identified active raptor nests than the visibility of both the licensed and and at the base of the Chugach licensed line. The proposed new line proposed new transmission lines would Mountains. The dramatic natural would also be designed to protect be very low. The terminus of the landscape provides an important scenic resident and migratory birds similar to proposed new line is the Petro Star backdrop to the Valdez community, and the licensed line. refinery which already impacts the view is integral to the multiple recreation and In its comments, Interior notes that with its industrial complex. The tourism activities occurring in the the proposed new transmission line existing transmission line for the nearby region, such as boating, fishing, route would run much higher on the Solomon Gulch Project is not visible to camping, and sightseeing. The project mountainside, above the forest and in a the naked eye from these three key area is most visible from Port Valdez, new right-of-way that has less viewing sites. the city of Valdez, a portion of the vegetation to shield the line from view. The fourth viewpoint that was Richardson Highway (a designated Since the licensee is proposing to clear analyzed for the licensed transmission scenic byway), and from the Solomon and maintain a new 30-foot-wide right- line is the view from Allison Point Gulch Trail. of-way, Interior says the licensee would Campground. The Allison Point The project’s transmission line, as be creating a new linear feature that Campground is the closest recreation licensed, is a 34.5 kV line that runs for could be visible from the three key area to the project site, located 3.8 miles with a 30-foot-wide right-of- Valdez viewpoints (Alaska State Marine approximately 0.7 mile away. Because way along the TAPS right-of-way, Highway Ferry Dock, Valdez there is a steep embankment on the including 1 mile of the Solomon Gulch Convention and Civic Center, and south side of the park the entire view of trail which is a cleared route that runs scenic pullout along Richardson the licensed and proposed new through a Sitka spruce and mountain Highway) that were used to analyze the transmission lines would be blocked. hemlock forest, low on the slopes above original project’s potential impacts. The final viewpoint which was Dayville Road. The wooden power poles Interior points out that, although the analyzed prior to licensing is the view would match the scale and appearance proposed new transmission line would from the Solomon Gulch Trail and the of existing transmission lines associated no longer follow the Solomon Gulch TAPS right-of-way. The licensee with the nearby Solomon Gulch Project. trail, it would be visible from long concludes that the proposed new line The transmission line and poles would stretches of the trail, from the edge of would dramatically improve this be camouflaged by dense vegetation and the forest up to the dam and beyond. viewpoint because the 1 mile stretch of forest canopy along the TAPS right-of- While users of the trail encounter non- poles that would have followed the trail way which is not visible from Dayville natural features like the TAPS pipeline, via the licensed line is eliminated. The Road. The visual impacts from the access road, and the Solomon Gulch proposed new line which would only be licensed transmission line route would Project penstock, Interior states that visible at one section of the Solomon be greatest where it follows the Solomon since trail users eventually climb out of Gulch Trail where the proposed line Gulch Trail for approximately 1 mile. the forest and into subalpine and alpine would be perpendicular to the Solomon See Commission’s staff’s EA issued June environments, they eventually leave Gulch transmission line. However, the 21, 2013 for a complete description of these features behind. Interior licensee points out that in this area, the anticipated environmental effects of concludes that the new higher elevation hikers already see the utility line and the licensed transmission line. proposed transmission line would be poles from Solomon Gulch Project that more intrusive. Aside from where the parallel the penstock. Hikers cross over The proposed new transmission line proposed new line crosses the Solomon a bridge and under the penstock and would be a 25 kV line that would run Gulch Trail, Interior states the new line Solomon Gulch transmission line to 3.8 miles with a 30-foot-wide right-of- may be visible from other vantage points continue to the lake. Since there are way, south and uphill while paralleling on the trail, both above and below the already so many manmade structures in the licensed route along the TAPS right- crossing location, particularly because this area, the routing of the proposed of-way. The proposed new transmission the new line does not run through a new line through this area should not be line route would utilize a designated forest. Interior says there is virtually no considered more intrusive. The section line utility corridor for a portion way to mitigate the appearance of the proposed new line would only be of the route. The line would no longer proposed new transmission line. visible from Solomon Gulch Lake if a follow the Solomon Gulch trail; In its June 3, 2014, response to hiker is standing on the Solomon Gulch however, it would cross the trail at one Interior, the licensee provides Dam looking away from the lake. location. The existing environment additional aesthetic and recreational However the Solomon Gulch poles and surrounding the proposed new analysis of the proposed new lines are already present there and the transmission line route is very similar to transmission line route, following the licensed line would be visible from that the licensed route. A wetland survey Recreation and Aesthetic Resources location also. was conducted for the new route and no Report that was filed during licensing of The licensee also states that Interior’s new waters or wetland types were the project. The licensee states that the comment that hikers ‘‘eventually climb found. Wetlands accounted for 2.29 proposed new transmission line is still out of the forest and into subalpine and acres within the proposed new camouflaged by thick vegetation and has alpine environments,’’ is inaccurate transmission line corridor. The U.S. a similar visual impact from the three because the trail ends at the lake and Army Corps of Engineers issued a key Valdez viewpoints that look across does not extend into higher elevations. wetland permit for the project on the Port of Valdez to Allison Creek. The October 22, 2013. The licensee is also licensee points out that the Allison Our Analysis required to conduct restoration Creek Project is located adjacent to the We’ve reviewed Commission staff’s activities and mange invasive species original EA issued for this project and pursuant to the Commission’s Order 5 Issued January 3, 2014 (146 FERC ¶ 62,004). staff’s EA issued November 20, 2013 for

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the licensee’s previous amendment List of Preparers Federal Energy Regulatory Commission, application. We’ve also reviewed the 888 First Street NE., Washington, DC Federal Energy Regulatory Commission Recreation and Aesthetic Resources 20426. report that was included in Volume III Steven Sachs—Project Coordinator The filings in the above-referenced of the original license application filed (Civil Engineer; B.S., Environmental proceeding are accessible in the on August 25, 2011, Interior’s comments Systems Engineering) Commission’s eLibrary system by and the licensee’s response to those Rebecca Martin—Environmental clicking on the appropriate link in the comments. We agree with the licensee Coordinator (Environmental Biologist; above list. They are also available for that the proposed new transmission line Master of Science, Environmental review in the Commission’s Public would have similar aesthetic and Science; B.S., Environmental Science) Reference Room in Washington, DC. recreation effects as the licensed line. [FR Doc. 2014–15088 Filed 6–26–14; 8:45 am] There is an eSubscription link on the From key viewpoints, the proposed new BILLING CODE 6717–01–P Web site that enables subscribers to line would be difficult to see, similar to receive email notification when a the licensed line, and routing the line document is added to a subscribed away from a 1 mile stretch of the DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Solomon Gulch trail could improve Online service, please email aesthetics. We disagree with Interior Federal Energy Regulatory [email protected]. or call that additional scoping and studies are Commission (866) 208–3676 (toll free). For TTY, call warranted for the licensee’s proposed [Docket No. ER14–2145–000] (202) 502–8659. changes. We recommend approving the Dated: June 20, 2014. Supplemental Notice That Initial licensee’s proposed new transmission Kimberly D. Bose, line with existing mitigation measures Market-Based Rate Filing Includes Secretary. already required by the license. Request for Blanket Section 204 Authorization; Fourmile Wind Energy, [FR Doc. 2014–15085 Filed 6–26–14; 8:45 am] Conclusions LLC BILLING CODE 6717–01–P The environmental effects of This is a supplemental notice in the construction and operation of the above-referenced proceeding of DEPARTMENT OF ENERGY amended powerhouse and tailrace are Fourmile Wind Energy, LLC’s not significantly different from those application for market-based rate Federal Energy Regulatory that were already considered and authority, with an accompanying rate Commission approved in the project license. tariff, noting that such application [Docket No. ER14–2141–000] Based on our review, the proposed includes a request for blanket transmission line route would not result authorization, under 18 CFR Part 34, of Selmer Farm, LLC; Supplemental in any significant changes in recreation future issuances of securities and Notice That Initial Market-Based Rate or aesthetics from the route that was assumptions of liability. Filing Includes Request for Blanket previously studied and licensed. For a Any person desiring to intervene or to Section 204 Authorization majority of its length the transmission protest should file with the Federal line would not be visible to Energy Regulatory Commission, 888 This is a supplemental notice in the recreationists and in the areas where it First Street NE., Washington, DC 20426, above-referenced proceeding of Selmer would be visible the new line would be in accordance with Rules 211 and 214 Farm, LLC’s application for market- in character with the other manmade of the Commission’s Rules of Practice based rate authority, with an intrusions surrounding it. and Procedure (18 CFR 385.211 and accompanying rate tariff, noting that Implementation of environmental 385.214). Anyone filing a motion to such application includes a request for measures already required by the project intervene or protest must serve a copy blanket authorization, under 18 CFR license would minimize or avoid of that document on the Applicant. part 34, of future issuances of securities identified impacts. Notice is hereby given that the and assumptions of liability. deadline for filing protests with regard Any person desiring to intervene or to On the basis of our independent to the applicant’s request for blanket protest should file with the Federal analysis, the approval of the proposed authorization, under 18 CFR Part 34, of Energy Regulatory Commission, 888 amendment to the Allison Creek future issuances of securities and First Street NE., Washington, DC 20426, Hydroelectric Project would not assumptions of liability, is July 10, in accordance with Rules 211 and 214 constitute a major federal action 2014. of the Commission’s Rules of Practice significantly affecting the quality of the The Commission encourages and Procedure (18 CFR 385.211 and human environment. electronic submission of protests and 385.214). Anyone filing a motion to Literature Cited interventions in lieu of paper, using the intervene or protest must serve a copy FERC Online links at http:// of that document on the Applicant. Copper Valley Electric Association, Inc. www.ferc.gov. To facilitate electronic Notice is hereby given that the 2011. License Application. August, 2011. service, persons with Internet access deadline for filing protests with regard Copper Valley Electric Association, Inc. who will eFile a document and/or be to the applicant’s request for blanket 2014a. Application to Amend License. authorization, under 18 CFR part 34, of April 11, 2014. listed as a contact for an intervenor Copper Valley Electric Association, Inc. must create and validate an future issuances of securities and 2014b. Letter from Robert Wilkinson, eRegistration account using the assumptions of liability, is July 10, CEO of Copper Valley Electric eRegistration link. Select the eFiling 2014. Association, Inc. Filed June 3, 2014. link to log on and submit the The Commission encourages Federal Energy Regulatory Commission, intervention or protests. electronic submission of protests and 2013. Final Environmental Assessment Persons unable to file electronically interventions in lieu of paper, using the for Hydropower License, Allison Creek should submit an original and 5 copies FERC Online links at http:// Hydroelectric Project. June 2013. of the intervention or protest to the www.ferc.gov. To facilitate electronic

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service, persons with Internet access to the applicant’s request for blanket Any person desiring to intervene or to who will eFile a document and/or be authorization, under 18 CFR part 34, of protest should file with the Federal listed as a contact for an intervenor future issuances of securities and Energy Regulatory Commission, 888 must create and validate an assumptions of liability, is July 10, First Street NE., Washington, DC 20426, eRegistration account using the 2014. in accordance with Rules 211 and 214 eRegistration link. Select the eFiling The Commission encourages of the Commission’s Rules of Practice link to log on and submit the electronic submission of protests and and Procedure (18 CFR 385.211 and intervention or protests. interventions in lieu of paper, using the 385.214). Anyone filing a motion to Persons unable to file electronically FERC Online links at http:// intervene or protest must serve a copy should submit an original and 5 copies www.ferc.gov. To facilitate electronic of that document on the Applicant. of the intervention or protest to the service, persons with Internet access Federal Energy Regulatory Commission, who will eFile a document and/or be Notice is hereby given that the 888 First Street NE., Washington, DC listed as a contact for an intervenor deadline for filing protests with regard 20426. must create and validate an to the applicant’s request for blanket The filings in the above-referenced eRegistration account using the authorization, under 18 CFR Part 34, of proceeding are accessible in the eRegistration link. Select the eFiling future issuances of securities and Commission’s eLibrary system by link to log on and submit the assumptions of liability, is July 10, clicking on the appropriate link in the intervention or protests. 2014. above list. They are also available for Persons unable to file electronically The Commission encourages review in the Commission’s Public should submit an original and 5 copies Reference Room in Washington, DC. electronic submission of protests and of the intervention or protest to the interventions in lieu of paper, using the There is an eSubscription link on the Federal Energy Regulatory Commission, Web site that enables subscribers to FERC Online links at http:// 888 First Street NE., Washington, DC www.ferc.gov. To facilitate electronic receive email notification when a 20426. service, persons with Internet access document is added to a subscribed The filings in the above-referenced who will eFile a document and/or be docket(s). For assistance with any FERC proceeding are accessible in the listed as a contact for an intervenor Online service, please email Commission’s eLibrary system by [email protected]. or call clicking on the appropriate link in the must create and validate an (866) 208–3676 (toll free). For TTY, call above list. They are also available for eRegistration account using the (202) 502–8659. review in the Commission’s Public eRegistration link. Select the eFiling Dated: June 20, 2014. Reference Room in Washington, DC. link to log on and submit the Kimberly D. Bose, There is an eSubscription link on the intervention or protests. Secretary. Web site that enables subscribers to Persons unable to file electronically [FR Doc. 2014–15084 Filed 6–26–14; 8:45 am] receive email notification when a should submit an original and 5 copies BILLING CODE 6717–01–P document is added to a subscribed of the intervention or protest to the docket(s). For assistance with any FERC Federal Energy Regulatory Commission, Online service, please email 888 First Street NE., Washington, DC DEPARTMENT OF ENERGY [email protected] or call 20426. (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory (202) 502–8659. The filings in the above-referenced Commission proceeding are accessible in the Dated: June 20, 2014. Commission’s eLibrary system by [Docket No. ER14–2138–000] Kimberly D. Bose, clicking on the appropriate link in the Limon Wind III, LLC; Supplemental Secretary. above list. They are also available for Notice That Initial Market-Based Rate [FR Doc. 2014–15082 Filed 6–26–14; 8:45 am] review in the Commission’s Public Filing Includes Request for Blanket BILLING CODE 6717–01–P Reference Room in Washington, DC. Section 204 Authorization There is an eSubscription link on the Web site that enables subscribers to This is a supplemental notice in the DEPARTMENT OF ENERGY receive email notification when a above-referenced proceeding of Limon document is added to a subscribed Wind III, LLC’s application for market- Federal Energy Regulatory based rate authority, with an Commission docket(s). For assistance with any FERC Online service, please email accompanying rate tariff, noting that [Docket No. ER14–2144–000] such application includes a request for [email protected]. or call blanket authorization, under 18 CFR Supplemental Notice That Initial (866) 208–3676 (toll free). For TTY, call part 34, of future issuances of securities Market-Based Rate Filing Includes (202) 502–8659. and assumptions of liability. Request for Blanket Section 204 Dated: June 20, 2014. Any person desiring to intervene or to Authorization; Beebe 1B Renewable Kimberly D. Bose, protest should file with the Federal Energy, LLC Energy Regulatory Commission, 888 Secretary. First Street NE., Washington, DC 20426, This is a supplemental notice in the [FR Doc. 2014–15090 Filed 6–26–14; 8:45 am] in accordance with Rules 211 and 214 above-referenced proceeding of Beebe BILLING CODE 6717–01–P of the Commission’s Rules of Practice 1B Renewable Energy, LLC’s application and Procedure (18 CFR 385.211 and for market-based rate authority, with an 385.214). Anyone filing a motion to accompanying rate tariff, noting that intervene or protest must serve a copy such application includes a request for of that document on the Applicant. blanket authorization, under 18 CFR Notice is hereby given that the Part 34, of future issuances of securities deadline for filing protests with regard and assumptions of liability.

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DEPARTMENT OF ENERGY Online service, please email Commission’s eLibrary system by [email protected]. or call clicking on the appropriate link in the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call above list. They are also available for Commission (202) 502–8659. review in the Commission’s Public [Docket No. ER14–2187–001] Dated: June 23, 2014. Reference Room in Washington, DC. Kimberly D. Bose, There is an eSubscription link on the Web site that enables subscribers to Grand Ridge Energy Storage LLC; Secretary. Supplemental Notice That Initial receive email notification when a [FR Doc. 2014–15077 Filed 6–26–14; 8:45 am] Market-Based Rate Filing Includes document is added to a subscribed Request for Blanket Section 204 BILLING CODE 6717–01–P docket(s). For assistance with any FERC Authorization Online service, please email [email protected]. or call DEPARTMENT OF ENERGY This is a supplemental notice in the (866) 208–3676 (toll free). For TTY, call above-referenced proceeding of Grand Federal Energy Regulatory (202) 502–8659. Ridge Energy Storage LLC’s application Commission Dated: June 20, 2014. for market-based rate authority, with an accompanying rate tariff, noting that [Docket No. ER14–2140–000] Kimberly D. Bose, such application includes a request for Secretary. blanket authorization, under 18 CFR Supplemental Notice That Initial [FR Doc. 2014–15083 Filed 6–26–14; 8:45 am] Part 34, of future issuances of securities Market-Based Rate Filing Includes BILLING CODE 6717–01–P and assumptions of liability. Request for Blanket Section 204 Any person desiring to intervene or to Authorization; Mulberry Farm, LLC DEPARTMENT OF ENERGY protest should file with the Federal This is a supplemental notice in the Energy Regulatory Commission, 888 above-referenced proceeding of Federal Energy Regulatory First Street NE., Washington, DC 20426, Mulberry Farm, LLC’s application for Commission in accordance with Rules 211 and 214 market-based rate authority, with an of the Commission’s Rules of Practice accompanying rate tariff, noting that [Docket No. EL14–68–000] and Procedure (18 CFR 385.211 and such application includes a request for 385.214). Anyone filing a motion to Bloom Energy Corporation; Notice of blanket authorization, under 18 CFR Petition for Declaratory Order intervene or protest must serve a copy Part 34, of future issuances of securities of that document on the Applicant. and assumptions of liability. Take notice that on June 19, 2014, Notice is hereby given that the Any person desiring to intervene or to pursuant to Rule 207(a) of the Federal deadline for filing protests with regard protest should file with the Federal Energy Regulatory Commission’s to the applicant’s request for blanket Energy Regulatory Commission, 888 (Commission) Rules of Practice and authorization, under 18 CFR Part 34, of First Street NE., Washington, DC 20426, Procedure, 18 CFR 385.207(a), future issuances of securities and in accordance with Rules 211 and 214 366.3(b)(1), 366.3(d), and 366.4(b)(3), assumptions of liability, is July 14, of the Commission’s Rules of Practice Bloom Energy Corporation (Bloom) filed 2014. and Procedure (18 CFR 385.211 and a petition for declaratory order seeking The Commission encourages 385.214). Anyone filing a motion to that the Commission exempt Bloom and electronic submission of protests and intervene or protest must serve a copy certain of its subsidiaries from the interventions in lieu of paper, using the of that document on the Applicant. Commission’s regulation under the FERC Online links at http:// Notice is hereby given that the Public Utility Holding Company Act of www.ferc.gov. To facilitate electronic deadline for filing protests with regard 2005,1 as a result of their generation and service, persons with Internet access to the applicant’s request for blanket sales to non-captive customers of who will eFile a document and/or be authorization, under 18 CFR Part 34, of electric energy generated from fuel cells listed as a contact for an intervenor future issuances of securities and using natural gas or renewable energy must create and validate an assumptions of liability, is July 10, biogas as a fuel. eRegistration account using the 2014. Any person desiring to intervene or to eRegistration link. Select the eFiling The Commission encourages protest this filing must file in link to log on and submit the electronic submission of protests and accordance with Rules 211 and 214 of intervention or protests. interventions in lieu of paper, using the the Commission’s Rules of Practice and Persons unable to file electronically FERC Online links at http:// Procedure (18 CFR 385.211, 385.214). should submit an original and 5 copies www.ferc.gov. To facilitate electronic Protests will be considered by the of the intervention or protest to the service, persons with Internet access Commission in determining the Federal Energy Regulatory Commission, who will eFile a document and/or be appropriate action to be taken, but will 888 First Street NE., Washington, DC listed as a contact for an intervenor not serve to make protestants parties to 20426. must create and validate an the proceeding. Any person wishing to The filings in the above-referenced eRegistration account using the become a party must file a notice of proceeding are accessible in the eRegistration link. Select the eFiling intervention or motion to intervene, as Commission’s eLibrary system by link to log on and submit the appropriate. Such notices, motions, or clicking on the appropriate link in the intervention or protests. protests must be filed on or before the above list. They are also available for Persons unable to file electronically comment date. On or before the review in the Commission’s Public should submit an original and 5 copies comment date, it is not necessary to Reference Room in Washington, DC. of the intervention or protest to the serve motions to intervene or protests There is an eSubscription link on the Federal Energy Regulatory Commission, on persons other than the Petitioner. Web site that enables subscribers to 888 First Street NE., Washington, DC The Commission encourages receive email notification when a 20426. electronic submission of protests and document is added to a subscribed The filings in the above-referenced docket(s). For assistance with any FERC proceeding are accessible in the 1 16 U.S.C. 16451 et seq. (2013).

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interventions in lieu of paper using the Parks Wilderness Stewardship Plan, instructions for submitting comments. ‘‘eFiling’’ link at http://www.ferc.gov. Comment Period Ends: 08/25/2014, Do not submit electronically any Persons unable to file electronically Contact: Nancy Hendricks 559–565– information you consider to be should submit an original and 5 copies 3102. Confidential Business Information (CBI) of the protest or intervention to the EIS No. 20140181, Draft Supplement, or other information whose disclosure is Federal Energy Regulatory Commission, BR, ND, Northwest Area Water restricted by statute. 888 First Street NE., Washington, DC Supply Project, Comment Period • Mail: Document Control Office 20426. Ends: 08/11/2014, Contact: Alicia (7407M), Office of Pollution Prevention This filing is accessible on-line at Waters 701–221–1206. and Toxics (OPPT), Environmental http://www.ferc.gov, using the EIS No. 20140182, Final EIS, DOI, 00, Protection Agency, 1200 Pennsylvania ‘‘eLibrary’’ link and is available for PROGRAMMATIC—Deepwater Ave. NW., Washington, DC 20460–0001. review in the Commission’s Public Horizon Oil Spill: Phase III Early • Hand Delivery: To make special Reference Room in Washington, DC. Restoration Plan, Review Period Ends: arrangements for hand delivery or There is an ‘‘eSubscription’’ link on the 07/28/2014, Contact: Nanciann delivery of boxed information, please Web site that enables subscribers to Regalado 404–679–4161. follow the instructions at http:// receive email notification when a Dated: June 24, 2014. www.epa.gov/dockets/contacts.html. document is added to a subscribed Additional instructions on commenting docket(s). For assistance with any FERC Dawn Roberts, Management Analyst, Office of Federal or visiting the docket, along with more Online service, please email information about dockets generally, is [email protected], or call Activities. [FR Doc. 2014–15160 Filed 6–26–14; 8:45 am] available at http://www.epa.gov/ (866) 208–3676 (toll free). For TTY, call dockets. (202) 502–8659. BILLING CODE 6560–50–P Comment Date: 5:00 p.m. Eastern FOR FURTHER INFORMATION CONTACT: Time on July 21, 2014. For technical information contact: ENVIRONMENTAL PROTECTION Stan Barone, Jr., Risk Assessment Dated: June 20, 2014. AGENCY Division (7403M), Office of Pollution Kimberly D. Bose, [EPA–HQ–OPPT–2010–0173; FRL–9912–63] Prevention and Toxics, Environmental Secretary. Protection Agency, 1200 Pennsylvania [FR Doc. 2014–15080 Filed 6–26–14; 8:45 am] Request for Nominations of Scientific Ave. NW., Washington, DC 20460–0001; BILLING CODE 6717–01–P Peer Reviewers for EPA’s Approach telephone number (202) 564–1169; for Estimating Exposures and email address: [email protected]. Incremental Health Effects From Lead For general information contact: The ENVIRONMENTAL PROTECTION During Renovation, Repair, and TSCA-Hotline, ABVI-Goodwill, 422 AGENCY Painting Activities in Public and South Clinton Ave., Rochester, NY [ER–FRL–9015–6] Commercial Buildings 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ Environmental Impact Statements; AGENCY: Environmental Protection epa.gov. Agency (EPA). Notice of Availability SUPPLEMENTARY INFORMATION: ACTION: Notice. Responsible Agency: Office of Federal I. General Information Activities, General Information (202) SUMMARY: EPA invites the public to 564–7146 or http://www.epa.gov/ nominate scientific experts to be A. Does this action apply to me? compliance/nepa/. considered as peer reviewers for the You may be potentially affected by Weekly receipt of Environmental Impact draft document entitled, ‘‘Approach for this action if you are in environmental Statements Estimating Exposures and Incremental and human health; independent Filed 06/16/2014 Through 06/20/2014 Health Effects from Lead During contractors and contracting companies Pursuant to 40 CFR 1506.9. Renovation, Repair, and Painting Notice: Section 309(a) of the Clean Air involved in renovation, repair, and Activities in Public and Commercial painting; members of the public Act requires that EPA make public its Buildings’’ (Technical Approach comments on EISs issued by other interested in the assessment of chemical Document). A nominee, if selected, will risks. The following list of North Federal agencies. EPA’s comment letters assess the accuracy, content, and on EISs are available at: http:// American Industrial Classification interpretation of findings of the System (NAICS) codes is not intended www.epa.gov/compliance/nepa/ Technical Approach Document, eisdata.html. to be exhaustive, but rather provides a ensuring that they are factual and guide to help readers determine whether EIS No. 20140177, Final EIS, NRCS, UT, scientifically sound. The peer review Green River Diversion Rehabilitation this document applies to them. will assure the Agency of the soundness Potentially affected entities may Project, Review Period Ends: 07/28/ of the technical approach. 2014, Contact: David Brown 801–524– include: 4551. DATES: The nomination period begins on • Building construction (NAICS code EIS No. 20140178, Final EIS, FERC, TX, June 27, 2014 and ends on July 18, 2014. 236). Freeport LNG Liquefaction Project ADDRESSES: Submit the nominations, • Specialty trade contractors (NAICS and Phase II Modification Project, identified by docket ID number EPA– code 238). Review Period Ends: 07/28/2014, HQ–OPPT–2010–0173. In addition, the • Real estate (NAICS code 531). Contact: Eric Tomasi 202–502–8097. nomination, must include the nominee’s • Other general governmental support EIS No. 20140179, Final EIS, USFS, CA, full name, address, affiliation, telephone (NAICS code 921). Sugarloaf Hazardous Fuels Reduction, number, email address, and a statement B. What should I consider as I prepare Review Period Ends: 07/28/2014, on the nominee’s expertise. Use one of my nominations for EPA? Contact: Carol Spinos 530–534–6500. the following submission methods: EIS No. 20140180, Draft EIS, NPS, CA, • Federal eRulemaking Portal: http:// When submitting a nomination, Sequoia and Kings Canyon National www.regulations.gov. Follow the online remember to:

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i. Identify the nomination by docket reviewers should have demonstrated include knowledge of published data ID number and other identifying expertise in one or more of the and of modeling applications. information (subject heading, Federal following areas: 8. Exposure assessment modeling. Register date and page number). 1. Multimedia routes of human Expertise and experience in measuring ii. Follow directions. The Agency may exposure to lead. Includes knowledge of human population exposure to lead ask you to respond to specific questions. measurement methods and observed and/or in modeling human exposure to iii. Explain as clearly as possible, environmental concentrations for ambient and indoor pollutants. avoiding the use of profanity or personal multimedia human exposure pathways Expertise in relating indicators of threats. (relevant concentrations for various human exposure to potential health iv. Make sure to submit your sources: Soil, dust, drinking water, food, outcomes and quantification of risk nomination by the deadline identified. and lead-based paint). related to adverse health outcomes. II. Background 2. Modeling of multimedia human 9. Lead-induced health effects. exposures. Includes, modeling of Experience in using statistical methods The work described in the Technical multimedia human exposure uptake/ such as Cox regression for modeling Approach Document is being performed absorption of lead to predict internal concentration response data from as part of EPA’s continuing biokinetic distribution (blood/bone lead epidemiologic/clinical evaluation of comprehensive approach to assess and burdens). lead-induced effects on: manage risk from lead contamination in 3. Lead exposure pathway i. Neurological development and painted surfaces under the Toxic assessment. Expertise in the physical other neurological endpoints. Substances Control Act (TSCA), Subtitle and chemical properties of lead and the ii. Cardiovascular function. IV (15 U.S.C. 2681 et seq.), and biogeochemical processes involved in iii. Renal effects. specifically to identify lead-based paint the pathways involved in human iv. Developmental toxicity. hazards created by renovation, repair exposure to lead. These pathways 10. Risk assessment and uncertainty and painting (RRP) activities in public include: characterization. Expertise in human and commercial buildings (P&CBs), i. Air (both direct inhalation and health risk assessment for lead or other under TSCA section 403. The focus of deposition to surfaces likely to be pollutants causing non-cancer and the Technical Approach Document is to contacted by humans). cancer health effects, including assess the U.S. population’s exposure ii. Soil/dust ingestion. Bayesian statistical approaches and and incremental health effects from 4. Lead uptake/absorption. Expertise biostatistics. Expertise in designing renovation and repair activities in in the processes of uptake or absorption uncertainty characterization frameworks P&CBs. EPA published a Federal of lead in the digestive tract and lungs, for complex multi-media health Register notice on May 30, 2014 (79 FR including knowledge of digestive assessments involving use of 31072) (FRL–9910–44) that described an processes that affect the form of lead physiologically-based pharmacokinetic approach under consideration for thus making it more (or less) available (PBPK) models, empirical data, micro identifying and evaluating hazards in for absorption. Experience on the fate of environmental exposure modeling, and P&CBs. Estimates of incremental health inhaled particles is also desirable, concentration-response functions effect changes associated with exposure including olfactory uptake. drawing on both toxicological and to lead in the modeled renovation 5. Internal biokinetic distribution and epidemiological data. Specific areas of scenarios in the Technical Approach physiological effects of lead. Expertise expertise should include probabilistic Document will be used by the Agency on the physiological processes that methods and Bayesian techniques. as we consider how to identify and determine the distribution of absorbed evaluate hazards, and make a hazard lead among the various organs and IV. Peer Panel Selection Criteria finding as required by TSCA. EPA plans tissues of the human body. This would Selection criteria for individuals to publish the Technical Approach include expertise on the mechanisms of nominated to serve as external peer Document with a presentation of results transport within the human body, the reviewers include the following: in the docket and announce its organs and tissues that accumulate 1. Demonstrated expertise through availability in the Federal Register later significant amounts of lead, the relevant peer reviewed publications. this calendar year. concentrations at the organ/tissue level 2. Professional accomplishments and The EPA’s Office of Pollution that might impair physiological recognition by professional societies. Prevention and Toxics (OPPT) has processes, and the residence times (or 3. Demonstrated ability to work identified the Technical Approach other measures of potential impact) of constructively and effectively in a Document as an influential product and lead in these tissues and organs. In committee setting. according to Agency peer review addition, expertise on the various 4. Absence of financial conflicts of guidance is required to conduct an mechanisms and routes of elimination interest. external peer review of that document, and the mechanisms of this elimination 5. No actual conflicts of interest or the supplemental files, appendices, and is desirable. appearance of lack of impartiality. attendant models used for exposure 6. Tissue concentrations of lead. 6. Skills working on committees and scenarios. The reviewers are asked to Includes expertise on measurement advisory panels. assess the accuracy, content, and methods and observed concentrations 7. Background and experiences that interpretation of findings ensuring that for various biological tissues, including would contribute to the diversity of they are factual and scientifically sound. blood, teeth, and bone lead viewpoints on the panel, e.g., workforce The review shall generate comments concentrations and lead levels in soft sector; geographical location; social, from the individual expert reviewers. tissues such as brain, kidney, etc. cultural, and educational backgrounds; 7. Human growth and activity and professional affiliations. III. Expertise Sought patterns. Expertise on growth patterns 8. Willingness to commit adequate Any interested person or organization and typical human activity patterns time for the thorough review of the draft may nominate him or herself or any from prenatal to elderly, including external peer review document in July– qualified individual in the areas of the recreational, occupational, leisure, and September 2014 (exact date to be expertise described in this unit. Peer household activities. This would determined).

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9. Availability to participate in-person guidance (http://www.epa.gov/ FEDERAL DEPOSIT INSURANCE in a 2-day peer review meeting in the peerreview/pdfs/spc_peer_rvw_ CORPORATION Washington, DC metro area in August or handbook_addendum.pdf and http:// September 2014 (exact date will be www.epa.gov/osa/pdfs/epa-process-for- Update to Notice of Financial published in the Federal Register at contractor.pdf). Following the screening Institutions for Which the Federal least 30 days prior to the external peer process, EPA’s contractor will narrow Deposit Insurance Corporation Has review meeting). the list of potential reviewers. Prior to Been Appointed Either Receiver, Further information regarding the selecting the final peer reviewers, a Liquidator, or Manager external peer review meeting will be second Federal Register notice will be AGENCY: Federal Deposit Insurance announced at a later date in the Federal published to solicit comments on the Corporation. Register. interim list of 12–15 candidates. The V. Peer Panel Selection Process public will be requested to provide ACTION: Update Listing of Financial relevant information or documentation Institutions in Liquidation. EPA’s contractor will notify on the nominees that EPA’s contractor candidates of selection or non-selection. should consider in evaluating the SUMMARY: Notice is hereby given that EPA’s contractor will follow-up with candidates within 21 days following the the Federal Deposit Insurance nominees and request additional announcement of the interim Corporation (Corporation) has been information such as: candidates. Once the public comments appointed the sole receiver for the 1. The disciplinary and specific areas on the interim list of candidates have following financial institutions effective of expertise of the nominee. as of the Date Closed as indicated in the 2. The nominee’s curriculum vita. been reviewed, EPA’s contractor will select the final peer reviewers who, listing. This list (as updated from time 3. A biographical sketch of the to time in the Federal Register) may be nominee indicating current position; collectively, best provide expertise spanning the multiple areas listed Unit relied upon as ‘‘of record’’ notice that educational background; past and the Corporation has been appointed III. and, to the extent feasible, best current research activities; recent receiver for purposes of the statement of provide a balance of perspectives. service on other advisory committees, policy published in the July 2, 1992 Compensation of non-Federal peer peer review panels, editorial boards, or issue of the Federal Register (57 FR reviewers will be provided by EPA’s professional organizations; sources of 29491). For further information contractor. recent grant and/or contract support; concerning the identification of any and other comments on the relevance of List of Subjects institutions which have been placed in the nominee’s expertise to this peer liquidation, please visit the Corporation review topic. Environmental protection, Business Web site at www.fdic.gov/bank/ EPA’s contractor may also conduct an and industry, Commercial buildings, individual/failed/banklist.html or independent search for candidates to Renovation, Risk assessment, Lead. contact the Manager of Receivership assemble a balanced group representing Dated: June 20, 2014. Oversight in the appropriate service the expertise needed to fully evaluate center. EPA’s draft documents. EPA’s Jeff Morris, Dated: June 23, 2014. contractor will consider and screen all Acting Director, Office of Pollution Prevention candidates against the criteria listed in and Toxics. Federal Deposit Insurance Corporation. Unit III. and the Agency’s Conflict of [FR Doc. 2014–15123 Filed 6–26–14; 8:45 am] Pamela Johnson, Interest (COI) and appearance of bias BILLING CODE 6560–50–P Regulatory Editing Specialist.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank name City State Date closed

10501 ...... Valley Bank ...... Fort Lauderdale ... FL ...... 6/20/2014 10502 ...... Valley Bank ...... Moline ...... IL ...... 6/20/2014

[FR Doc. 2014–15069 Filed 6–26–14; 8:45 am] SUMMARY: The Commission to Eliminate made available via teleconference. BILLING CODE 6741–01–P Child Abuse and Neglect Fatalities Access information for people who are (CECANF), a Federal Advisory hearing impaired will be provided upon Committee established by the Protect request. Please indicate your request in GENERAL SERVICES Our Kids Act of 2012, Public Law 112– your online registration. ADMINISTRATION 275, will hold a meeting open to the Submit comments identified by public on Thursday, July 10, 2014 in ‘‘Notice–CECANF–2014–03’’, by any of [Notice–CECANF–2014–03; Docket No. Tampa, Florida. 2014–0005; Sequence No. 3] the following methods: DATES: The meeting will be held on • Regulations.gov: http:// Commission To Eliminate Child Abuse Thursday, July 10, 2014, from 8:00 a.m. www.regulations.gov. and Neglect Fatalities; Announcement to 4:30 p.m. Eastern Time. Submit comments via the Federal of Meeting ADDRESSES: CECANF will convene its eRulemaking portal by searching for AGENCY: Commission To Eliminate meeting at the Children’s Board of ‘‘Notice–CECANF–2014–03’’. Select the Child Abuse and Neglect Fatalities, Hillsborough County, 1002 East Palm link ‘‘Comment Now’’ that corresponds GSA. Avenue, Tampa, FL 33605. This site is with ‘‘Notice–CECANF–2014–03’’. accessible to individuals with Follow the instructions provided at ACTION: Meeting notice. disabilities. The meeting will also be screen. Please include your name,

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company name (if any), and ‘‘Notice– Dated: June 23, 2014. FOR FURTHER INFORMATION CONTACT: CECANF–2014–03’’ on your attached Patricia Brincefield, Ryan McKenna, Telephone: 503–220– document. CECANF Communications Director. 8262 ext. 58653 or Email: SIPS@epc- • Mail: Commission to Eliminate [FR Doc. 2014–15054 Filed 6–26–14; 8:45 am] src.org. Child Abuse and Neglect Fatalities, c/o BILLING CODE 6820–34–P General Services Administration, SUPPLEMENTARY INFORMATION: The Agency Liaison Division, 1800 F St. Agency for Healthcare Research and NW., Room 7003D, Washington, DC Quality has commissioned the Effective DEPARTMENT OF HEALTH AND Health Care (EHC) Program Evidence- 20006. HUMAN SERVICES Instructions: Please submit comments based Practice Centers to complete a review of the evidence for Interventions only and cite ‘‘Notice–CECANF–2014– Agency for Healthcare Research and to Improve Appropriate Antibiotic Use 03’’ in all correspondence related to this Quality notice. All comments received will be for Acute Respiratory Tract Infections. posted without change to http:// Scientific Information Request on The EHC Program is dedicated to www.regulations.gov, including any Interventions To Improve Appropriate identifying as many studies as possible personal and/or business confidential Antibiotic Use for Acute Respiratory that are relevant to the questions for information provided. Tract Infections each of its reviews. In order to do so, we FOR FURTHER INFORMATION CONTACT: Visit are supplementing the usual manual AGENCY: Agency for Healthcare Research the CECANF Web site at https:// and electronic database searches of the and Quality (AHRQ), HHS. eliminatechildabusefatalities.sites.usa. literature by requesting information gov/. Or contact Ms. Patricia Brincefield, ACTION: Request for Scientific from the public (e.g., details of studies Communications Director, at 202–818– Information Submissions. conducted). We are looking for studies 9596, 1800 F St. NW., Room 7003D, SUMMARY: The Agency for Healthcare that report on Interventions to Improve Washington, DC 20006. Research and Quality (AHRQ) is seeking Appropriate Antibiotic Use for Acute SUPPLEMENTARY INFORMATION: scientific information submissions from Respiratory Tract Infections, including Background: CECANF was the public. Scientific information is those that describe adverse events. The established to develop a national being solicited to inform our review of entire research protocol, including the strategy and recommendations for Interventions to Improve Appropriate key questions, is also available online reducing fatalities resulting from child Antibiotic Use for Acute Respiratory at: http://effectivehealthcare.AHRQ.gov/ abuse and neglect. Tract Infections, which is currently search-for-guides-reviews-and-reports/ Agenda: The purpose of the meeting being conducted by the Evidence-based ?pageaction=display is for Commission members to gather Practice Centers for the AHRQ Effective product&productID=1913. information to better understand the Health Care Program. Access to This notice is to notify the public that extent of, and risks associated with, published and unpublished pertinent the EHC Program would find the child abuse and neglect fatalities. The scientific information will improve the following information on Interventions Commission will hear from researchers quality of this review. AHRQ is to Improve Appropriate Antibiotic Use regarding strategies for improving conducting this systematic review for Acute Respiratory Tract Infections national data and preventing fatalities; pursuant to Section 1013 of the helpful: learn more about the federal policy Medicare Prescription Drug, • A list of completed studies that framework for addressing these Improvement, and Modernization Act of your company has sponsored for this fatalities; gain a better understanding of 2003, Public Law 108–173, and Section indication. In the list, indicate whether confidentiality issues and possible 902(a) of the Public Health Service Act, results are available on solutions; and hear about child welfare, 42 U.S.C. 299a(a). ClinicalTrials.gov along with the law enforcement, health, and public DATES: Submission Deadline on or ClinicalTrials.gov trial number. health strategies for addressing the issue before July 28, 2014. • For completed studies that do not of child abuse and neglect fatalities. Attendance at the Meeting: ADDRESS: Online submissions: http:// have results on ClinicalTrials.gov, Individuals interested in attending the effectivehealthcare.AHRQ.gov/index. please provide a summary, including meeting in person must register in cfm/submit-scientific-information- the following elements: study number, advance because of limited space. To packets/. Please select the study for study period, design, methodology, register to attend in person or by phone, which you are submitting information indication and diagnosis, proper use please go to https://www.surveymonkey. from the list to upload your documents. instructions, inclusion and exclusion com/s/7JCP6W9 and follow the Email submissions: [email protected]. criteria, primary and secondary outcomes, baseline characteristics, prompts. Detailed meeting minutes will Print Submissions be posted within 90 days of the meeting. number of patients screened/eligible/ Interested members of the public may Mailing Address enrolled/lost to follow-up/withdrawn/ listen to the CECANF discussion by Portland VA Research Foundation, analyzed, effectiveness/efficacy, and calling 1–866–928–2008, and entering Scientific Resource Center, ATTN: safety results. pass code 556476. Members of the Scientific Information Packet • A list of ongoing studies your public will not have the opportunity to Coordinator, PO Box 69539, Portland, company has sponsored for this ask questions or otherwise participate in OR 97239. indication. In the list, please provide the the meeting. ClinicalTrials.gov trial number or, if the However, members of the public Shipping Address (FedEx, UPS, etc.) trial is not registered, the protocol for wishing to comment should follow the Portland VA Research Foundation, the study including a study number, the steps detailed under the heading Scientific Resource Center, ATTN: study period, design, methodology, addresses in this publication or contact Scientific Information Packet indication and diagnosis, proper use us via the CECANF Web site at https:// Coordinator, 3710 SW. U.S. Veterans instructions, inclusion and exclusion eliminatechildabusefatalities.sites.usa. Hospital Road, Mail Code: R&D 71, criteria, and primary and secondary gov/contact-us/. Portland, OR 97239. outcomes.

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• Description of whether the above characteristics, such as specialty, what is the comparative effect of studies constitute ALL Phase II and number of years in practice, type of particular strategies on other clinical above clinical trials sponsored by your clinic organization, geographic region, outcomes (e.g., hospitalization, health company for this indication and an and population served? care utilization, patient satisfaction) index outlining the relevant information V. Does the comparative effectiveness compared with other strategies or in each submitted file. differ according to the diagnostic standard care? Your contribution is very beneficial to method or definition used, the I. Does the comparative effect of the EHC Program. Since the contents of clinician’s perception of the patient’s strategies differ according to the all submissions will be made available illness severity, or the clinician’s intended target of the strategy (i.e., to the public upon request, materials diagnostic certainty? clinicians, patients, and both)? submitted must be publicly available or VI. Does the comparative effectiveness II. Does the comparative effect of can be made public. Materials that are differ according to various background strategies differ according to patient considered confidential; marketing contextual factors, such as the time of characteristics, such as type of RTI, materials; study types not included in year, known patterns of disease activity signs and symptoms (nature and the review; or information on (e.g., an influenza epidemic, a pertussis duration), when counting began for indications not included in the review outbreak), system-level characteristics, duration of symptoms, previous medical cannot be used by the EHC Program. or whether the intervention was locally history (e.g., frailty, comorbidity), prior This is a voluntary request for tailored? RTIs, prior use of antibiotics, age, information, and all costs for complying Key Question 2 ethnicity, socioeconomic status, and with this request must be borne by the educational level attained? For patients with an acute RTI and no submitter. III. Does the comparative effect of The draft of this review will be posted clear indication for antibiotic treatment, strategies differ according to clinician on AHRQ’s EHC Program Web site and what is the comparative effect of characteristics, such as specialty, available for public comment for a particular strategies on antibiotic number of years in practice, type of period of 4 weeks. If you would like to resistance and medical complications clinic organization, geographic region, be notified when the draft is posted, (including mortality and adverse effects and population served? please sign up for the email list at: of receiving or not receiving antibiotics) IV. Does the comparative effectiveness http://effectivehealthcare.AHRQ.gov/ compared with other strategies or differ according to the diagnostic index.cfm/join-the-email-list1/. standard care? The systematic review will answer the I. Does the comparative effect of method or definition used, the following questions. This information is strategies differ according to the clinician’s perception of the patient’s provided as background. AHRQ is not intended target of the strategy (i.e., illness severity, or the clinician’s requesting that the public provide clinicians, patients, and both)? diagnostic certainty? answers to these questions. The entire II. Does the comparative effect of V. Does the comparative effect differ research protocol is also available strategies differ according to patient according to various background online at: http://effectivehealthcare. characteristics, such as type of RTI, contextual factors, such as the time of AHRQ.gov/search-for-guides-reviews- signs and symptoms (nature and year, known patterns of disease activity and-reports/?pageaction=display duration), when counting began for (e.g., an influenza epidemic, a pertussis product&productID=1913. duration of symptoms, previous medical outbreak), whether the intervention was locally tailored or system-level The Key Questions history (e.g., frailty, comorbidity), prior RTIs, prior use of antibiotics, age, characteristics? Key Question 1 ethnicity, socioeconomic status, and Key Question 4 For patients with an acute respiratory educational level attained? For patients with an acute Rh I and no tract infection (RTI) and no clear III. Does the comparative effect of clear indication for antibiotic treatment, indication for antibiotic treatment, what strategies differ according to clinician what is the comparative effect of is the comparative effectiveness of characteristics, such as specialty, particular strategies on achieving particular strategies in improving the number of years in practice, type of intended intermediate outcomes, such appropriate prescription or use of clinic organization, geographic region, antibiotics compared with other and population served? as improved knowledge regarding use of strategies or standard care? IV. Does the comparative effectiveness antibiotics for acute RTIs (clinicians I. Does the comparative effectiveness differ according to the diagnostic and/or patients), improved shared of strategies differ according to how method or definition used, the decision making regarding the use of appropriateness is defined? clinician’s perception of the patient’s antibiotics, and improved clinician II. Does the comparative effectiveness illness severity, or the clinician’s skills for appropriate antibiotic use (e.g., of strategies differ according to the diagnostic certainty? communication appropriate for patients’ intended target of the strategy (i.e., V. Does the comparative effect differ literacy level and/or cultural clinicians, patients, and both)? according to various background background)? III. Does the comparative effectiveness contextual factors, such as the time of Key Question 5 of strategies differ according to patient year, known patterns of disease activity characteristics, such as type of Rh, signs (e.g., an influenza epidemic, a pertussis What are the comparative non-clinical and symptoms (nature and duration), outbreak), whether the intervention was adverse effects of strategies for when counting began for duration of locally tailored, system-level improving the appropriate use of symptoms, previous medical history characteristics, or the source of the antibiotics for acute RTIs (e.g., increased (e.g., frailty, comorbidity), prior RTIs, resistance data (i.e., population versus time burden on clinicians, patients, and prior use of antibiotics, age, study sample)? clinic staff)? ethnicity, socioeconomic status, and The following inclusion/exclusion educational level attained? Key Question 3 criteria reflect input from key IV. Does the comparative effectiveness For patients with an acute RTI and no informants, public comments, AHRQ of strategies differ according to clinician clear indication for antibiotic treatment, and the TEP.

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PICOTS (Population, Interventions, V. Multifaceted approaches that over time), diagnostic resource use Comparators, Outcomes, Timing, include numerous elements of one or associated with POC testing, Setting) more of the above strategies. diagnostic coding (e.g. ICD billing codes) according to desired action Populations Comparators (prescribe/not prescribe) I. Adult and pediatric patients with an I. Different strategies for improving acute RTI and no clear indication for appropriate use of antibiotics when not Timing antibiotic treatment. Respiratory tract indicated for acute RTI. Any duration of follow-up. II. Standard care without a strategy for infections of interest include: acute Setting bronchitis; otitis media; sore throat/ improving appropriate use of pharyngitis/tonsillitis; rhinitis; sinusitis; antibiotics. I. Outpatient care settings including institutional settings cough and common cold. Outcomes II. Parents of pediatric patients with II. Emergency care settings acute RTI and no clear indication for Key Question 1 III. Other settings, such as school or workplace antibiotic treatment. • Increased appropriate prescription of III. Healthy adults and/or children antibiotics (primary outcome) Study Design • without a current acute RTI, who may Increased appropriate use of We will prioritize comparative studies develop an acute RTI in the future. antibiotics (primary outcome) with concurrent control groups (e.g. IV. Clinicians and others who care for Note: Studies may vary in how randomized controlled trial, prospective patients with acute RTI in outpatient appropriateness is defined or determined. We and retrospective cohort studies settings. will accept and record any definition of including database studies). For areas in V. Groups whose attendance policies appropriateness. We will group together which direct comparative evidence is may indirectly affect the use of studies that use similar definitions of lacking, we will include before-after appropriateness and categorize the different antibiotics, such as employers or school studies, with or without a control group officials. groups based on concordance with (e.g., high, medium, low) select clinical practice and with or without repeated measures. Interventions guidelines (e.g., AAP, ACCP, AAFP). We will Dated: June 16 2014. then evaluate whether the comparative Richard Kronick, Any strategy for improving effectiveness of strategies differ across appropriate use of antibiotics when not categories. We may also find that overall AHRQ Director. indicated for acute RTI, which may fall reduction in antibiotic prescription or use is [FR Doc. 2014–14962 Filed 6–26–14; 8:45 am] into various categories, including: reported, without a determination of BILLING CODE 4160–90–M I. Educational, behavioral and appropriateness. While this is not a direct psychological interventions that target measure of the primary outcomes, we will clinicians, patients, or both. report these as indirect measures of the DEPARTMENT OF HEALTH AND II. Strategies to improve impact of the intervention. HUMAN SERVICES communication between clinicians and Key Question 2 patients, such as those designed to Centers for Medicare & Medicaid improve shared decision making. • Mortality Services • III. Clinical strategies, such as delayed Antibiotic resistance [Document Identifiers: CMS–10526, CMS– • prescribing of antibiotics, clinical Medical complications 2540–10, CMS–265–11, CMS–10106 and • prediction rules, use of risk assessment Adverse drug effects, including CMS–R–235] or diagnostic prediction, use of non- clostridium difficile infections antibiotic alternatives, or use of relevant Agency Information Collection Key Question 3 Activities: Proposed Collection; point-of-care (POC) diagnostic tests. • A. EPC will include any POC test that Admission to hospital Comment Request • Clinic visits (Index, return and is available and used in primary care subsequent episodes), ED visits AGENCY: Centers for Medicare & settings for diagnostic purposes with the • Time to return to work and/or school Medicaid Services, HHS. ability to provide results within a • Patient satisfaction ACTION: Notice. reasonable period (e.g. during the clinic • Quality of life visit). Examples include inflammatory • Improvement in patient symptoms, SUMMARY: The Centers for Medicare & tests (e.g., procalcitonin, c-reactive speed of improvement Medicaid Services (CMS) is announcing protein [CRP], white blood cell, etc.), • Use of non-antibiotic treatments, such an opportunity for the public to rapid multiplex polymerase chain as over-the-counter medications comment on CMS’ intention to collect reaction (PCR) tests used to rule in/out • Utilization of vaccinations information from the public. Under the organisms (e.g. rapid strep test, • Quality metrics Paperwork Reduction Act of 1995 (the influenza, RSV), routine diagnostic PRA), federal agencies are required to tests, such as chest x-ray, pulse Key Question 4 publish notice in the Federal Register oximetry, and blood gasses, when they Intermediate outcomes, such as concerning each proposed collection of are specifically evaluated as an improved knowledge regarding use of information (including each proposed intervention for improving antibiotic antibiotics for acute RTI (clinician extension or reinstatement of an existing use. and/or patient), or improved shared collection of information) and to allow IV. System level strategies, such as decision making 60 days for public comment on the clinician reminders (paper-based or proposed action. Interested persons are electronic), clinician audit and Key Question 5 invited to send comments regarding our feedback, financial or regulatory Adverse effects of the strategy, such as burden estimates or any other aspect of incentives for clinicians or patients, increased time burden on clinicians, this collection of information, including antimicrobial stewardship programs, sustainability of intervention (e.g. any of the following subjects: (1) The pharmacist review. measures of continued effectiveness necessity and utility of the proposed

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information collection for the proper CMS–265–11 Independent Renal Facility and Skilled Nursing Facility performance of the agency’s functions; Dialysis Facility Cost Report and Health Care Complex Cost Report; Use: (2) the accuracy of the estimated Supporting Regulations Providers of services participating in the burden; (3) ways to enhance the quality, CMS–10106 Medicare Authorization Medicare program are required under utility, and clarity of the information to to Disclose Personal Health sections 1815(a), 1833(e) and be collected; and (4) the use of Information 1861(v)(1)(A) of the Social Security Act automated collection techniques or CMS–R–235 Data Use Agreement (42 U.S.C. 1395g) to submit annual other forms of information technology to (DUA) for Data Acquired from the information to achieve settlement of minimize the information collection Centers for Medicare & Medicaid costs for health care services rendered to burden. Services (CMS) Medicare beneficiaries. In addition, Under the Paperwork Reduction Act regulations at 42 CFR 413.20 and 413.24 DATES: Comments must be received by of 1995 (PRA) (44 U.S.C. 3501–3520), require adequate cost data and cost August 26, 2014. federal agencies must obtain approval reports from providers on an annual ADDRESSES: When commenting, please from the Office of Management and basis. Form CMS–2540–10 is used by reference the document identifier or Budget (OMB) for each collection of Skilled Nursing Facilities (SNFs) and OMB control number (OCN). To be information they conduct or sponsor. Skilled Nursing Facility Complexes assured consideration, comments and The term ‘‘collection of information’’ is participating in the Medicare program to recommendations must be submitted in defined in 44 U.S.C. 3502(3) and 5 CFR report health care costs to determine the any one of the following ways: 1320.3(c) and includes agency requests amount of reimbursable costs for 1. Electronically. You may send your or requirements that members of the services rendered to Medicare comments electronically to http:// public submit reports, keep records, or beneficiaries. www.regulations.gov. Follow the provide information to a third party. Form Number: CMS–2540–10 (OMB instructions for ‘‘Comment or Section 3506(c)(2)(A) of the PRA control number: 0938–0463); Frequency: Submission’’ or ‘‘More Search Options’’ requires federal agencies to publish a Yearly; Affected Public: Private Sector— to find the information collection 60-day notice in the Federal Register Business or other for-profits and Not- document(s) that are accepting concerning each proposed collection of for-profit institutions; Number of comments. information, including each proposed Respondents: 14,185; Total Annual 2. By regular mail. You may mail extension or reinstatement of an existing Responses: 14,185; Total Annual Hours: written comments to the following collection of information, before 2,865,370. (For policy questions address: CMS, Office of Strategic submitting the collection to OMB for regarding this collection contact Amelia Operations and Regulatory Affairs, approval. To comply with this Citerone at 410–786–3901.) Division of Regulations Development, requirement, CMS is publishing this 3. Type of Information Collection Attention: Document Identifier/OMB notice. Request: Extension of a currently Control Numberlll, Room C4–26– approved collection; Title of 05, 7500 Security Boulevard, Baltimore, Information Collection Information Collection: Independent Maryland 21244–1850. 1. Type of Information Collection Renal Dialysis Facility Cost Report and To obtain copies of a supporting Request: New collection (Request for a Supporting Regulations; Use: Providers statement and any related forms for the new OMB control number); Title of of services participating in the Medicare proposed collection(s) summarized in Information Collection: Cost Sharing program are required under sections this notice, you may make your request Reduction Reconciliation; Use: Under 1815(a) and 1861(v)(1)(A) of the Social using one of following: established Department of Health and Security Act (42 U.S.C. 1395g) to submit 1. Access CMS’ Web site address at Human Services (HHS) regulations, annual information to achieve http://www.cms.hhs.gov/ qualified health plan (QHP) issuers will settlement of costs for health care PaperworkReductionActof1995. receive estimated advance payments of services rendered to Medicare 2. Email your request, including your cost-sharing reductions throughout the beneficiaries. In addition, regulations at address, phone number, OMB number, year. Each issuer will then be subject to 42 CFR 413.20 and 413.24 require and CMS document identifier, to a reconciliation process at the end of the adequate cost data and cost reports from [email protected]. benefit year to ensure that HHS providers on an annual basis. The Form 3. Call the Reports Clearance Office at reimburses each issuer only for actual CMS–265–11 cost report is needed to (410) 786–1326. cost sharing. This information collection determine a provider’s reasonable costs FOR FURTHER INFORMATION CONTACT: establishes the data elements that a QHP incurred in furnishing medical services Reports Clearance Office at (410) 786– issuer would be required to report to to Medicare beneficiaries. 1326. HHS in order to establish the cost- Form Number: CMS–265–11 (OMB sharing reductions provided on behalf control number: 0938–0263); Frequency: SUPPLEMENTARY INFORMATION: of enrollees for the benefit year. Yearly; Affected Public: Private Sector— Contents Form Number: CMS–10526 (OMB Business or other for-profits and Not- control number: 0938–NEW); for-profit institutions; Number of This notice sets out a summary of the Frequency: Annually; Affected Public: Respondents: 5,677; Total Annual use and burden associated with the Private Sector—Business or other for- Responses: 5,677; Total Annual Hours: following information collections. More profits; Number of Respondents: 295; 369,005. (For policy questions regarding detailed information can be found in Total Annual Responses: 4,000,000; this collection contact Gail Duncan at each collection’s supporting statement Total Annual Hours: 2,469. (For policy 410–786–7278.) and associated materials (see questions regarding this collection 4. Type of Information Collection ADDRESSES). contact Patricia Meisol at 410–786– Request: Reinstatement without change CMS–10526 Cost Sharing Reduction 1917.) of a previously approved collection; Reconciliation 2. Type of Information Collection Title of Information Collection: CMS–2540–10 Skilled Nursing Facility Request: Extension of a currently Medicare Authorization to Disclose and Skilled Nursing Facility Health approved collection; Title of Personal Health Information; Use: Care Complex Cost Report Information Collection: Skilled Nursing Unless permitted or required by law, the

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Health Insurance Portability and Standards for Health Information) collection for the proper performance of Accountability Act (HIPAA) prohibits requires us to protect PII. Additionally, the agency’s functions; (2) the accuracy Medicare (a HIPAA covered entity) from the Federal Information Security of the estimated burden; (3) ways to disclosing an individual’s protected Management Act (FISMA) of 2002, enhance the quality, utility, and clarity health information without a valid § 3544 (b) (Federal Agency of the information to be collected; and authorization. In order to be valid, an Responsibilities—Agency Program) also (4) the use of automated collection authorization must include specified requires us to develop policies and techniques or other forms of information core elements and statements. Medicare procedures for the protection and technology to minimize the information will make available to Medicare destruction of sensitive data to include collection burden. beneficiaries a standard, valid PII. We use the information collected by DATES: Comments on the collection(s) of authorization to enable beneficiaries to the DUA to track disclosures, conditions information must be received by the request the disclosure of their protected for disclosure, accounting of disclosures OMB desk officer by July 28, 2014. health information. This standard and agency requirements dictated by the ADDRESSES: When commenting on the authorization will simplify the process Privacy Act, HIPAA and FISMA. proposed information collections, of requesting information disclosure for Form Number: CMS–R–235 (OMB please reference the document identifier beneficiaries and minimize the response control number: 0938–0734); Frequency: or OMB control number. To be assured time for Medicare. Form CMS–10106, Annually; Affected Public: Private consideration, comments and the Medicare Authorization to Disclose sector—business or other for-profits and recommendations must be received by Personal Health Information, will be not-for-profit institutions; Number of the OMB desk officer via one of the used by Medicare beneficiaries to Respondents: 9,220; Total Annual following transmissions: OMB, Office of authorize Medicare to disclose their Responses: 9,220; Total Annual Hours: Information and Regulatory Affairs, protected health information to a third 2,740. (For policy questions regarding Attention: CMS Desk Officer, Fax party. Form Number: CMS–10106 (OMB this collection contact Sharon Kavanagh Number: (202) 395–5806 or, Email: control number: 0938–0930); Frequency: at 410–786–5441.) [email protected]. To Occasionally; Affected Public: Dated: June 24, 2014. obtain copies of a supporting statement Individuals or Households; Number of Martique Jones, and any related forms for the proposed Respondents: 1,298,329; Total Annual Deputy Director, Regulations Development collection(s) summarized in this notice, Responses: 1,298,329; Total Annual Group, Office of Strategic Operations and you may make your request using one Hours: 324,582. (For policy questions Regulatory Affairs. of following: regarding this collection contact Sam [FR Doc. 2014–15075 Filed 6–26–14; 8:45 am] 1. Access CMS’ Web site address at Jenkins at 410–786–3261.) BILLING CODE 4120–01–P http://www.cms.hhs.gov/ 5. Type of Information Collection PaperworkReductionActof1995. Request: Revision of a currently 2. Email your request, including your approved collection; Title of DEPARTMENT OF HEALTH AND address, phone number, OMB number, Information Collection: Data Use HUMAN SERVICES and CMS document identifier, to Agreement (DUA) for Data Acquired [email protected]. from the Centers for Medicare & Centers for Medicare & Medicaid Services 3. Call the Reports Clearance Office at Medicaid Services (CMS); Use: The (410) 786–1326. Privacy Act of 1974 allows for [Document Identifier: CMS–370 and CMS– FOR FURTHER INFORMATION CONTACT: discretionary releases of data 377, CMS 437, CMS–10510, CMS–216–94, maintained in Privacy Act protected CMS–10494, CMS–10224, CMS–10472 and Reports Clearance Office at (410) 786– systems of records under § 552a(b) CMS–10499] 1326. (Conditions of Disclosure). The mandate SUPPLEMENTARY INFORMATION: Under the to account for disclosures of data under Agency Information Collection Paperwork Reduction Act of 1995 (PRA) the Privacy Act is found at Activities: Submission for OMB (44 U.S.C. 3501–3520), federal agencies § 552a(c)(Accounting of Certain Review; Comment Request must obtain approval from the Office of Disclosures). This section states that ACTION: Notice. Management and Budget (OMB) for each certain information must be maintained collection of information they conduct regarding disclosures made by each SUMMARY: The Centers for Medicare & or sponsor. The term ‘‘collection of agency. This information is: Date, Medicaid Services (CMS) is announcing information’’ is defined in 44 U.S.C. Nature, Purpose, and Name/Address of an opportunity for the public to 3502(3) and 5 CFR 1320.3(c) and Recipient. Section 552a(e) sets the comment on CMS’ intention to collect includes agency requests or overall requirements that each agency information from the public. Under the requirements that members of the public must meet in order to maintain records Paperwork Reduction Act of 1995 submit reports, keep records, or provide under the Privacy Act. The Data Use (PRA), federal agencies are required to information to a third party. Section Agreement (DUA) form is needed as part publish notice in the Federal Register 3506(c)(2)(A) of the PRA (44 U.S.C. of the review of each CMS data request concerning each proposed collection of 3506(c)(2)(A)) requires federal agencies to ensure compliance with the information, including each proposed to publish a 30-day notice in the requirements of the Privacy Act for extension or reinstatement of an existing Federal Register concerning each disclosures that contain personally collection of information, and to allow proposed collection of information, identifiable information (PII). The DUA a second opportunity for public including each proposed extension or form also provides data requestors and comment on the notice. Interested reinstatement of an existing collection custodians with a formal means to agree persons are invited to send comments of information, before submitting the to the data protection and destruction regarding the burden estimate or any collection to OMB for approval. To statutory and regulatory requirements of other aspect of this collection of comply with this requirement, CMS is CMS’ PII data. The Health Insurance information, including any of the publishing this notice that summarizes Portability and Accountability Act following subjects: (1) The necessity and the following proposed collection(s) of (HIPAA) of 1996, § 1173(d) (Security utility of the proposed information information for public comment:

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1. Type of Information Collection verifications and annual re-verifications would have made through the premium Request: Revision of a currently to determine that psychiatric units tax credit (PTC) and cost sharing approved collection; Titles of continue to comply with the regulatory reductions (CSR) for people enrolled in Information Collection: Health criteria at 42 CFR 412.25 and 42 CFR BHP had they instead been enrolled in Insurance Benefits Agreement and 412.27 of the PPS regulations. These an Exchange. To calculate the amounts Ambulatory Surgical Request for regulations state the criteria that distinct for each state, we need the reference Certification or Update of Certification part units must meet for exclusion. premiums for the second lowest cost Information in the Medicare Program; If, as a result of the regular survey silver plans (SLCSP) in each geographic Use: The CMS–370 is used to establish process a hospital is certified as a area in a state, as SLCSPs are a basic eligibility for payment. This agreement, psychiatric hospital by the State survey unit in the calculation of PTC and CSRs upon submission by the ambulatory agency (SA), then it automatically under the Exchanges. To estimate what surgical center (ASC) and acceptance for satisfies the regulatory criteria for PTC and CSRs would have been paid, filing by the Secretary of Health & exclusion. Thus, no additional the reference premiums for these Human Services, shall be binding on verification is required for psychiatric SLCSPs are critical components in the both the ASC and the Secretary. The hospitals. Some verification is needed, BHP payment methodology. Similarly, agreement may be terminated by either however, to ensure that other types of we also need to collect reference party in accordance with regulations. In hospitals and units meet the criteria for premiums for the lowest cost bronze the event of termination, payment will exclusion. Consequently, we instructed plans to appropriately account for CSR not be available for ASC services the Medicare Administrative calculations for American Indians and furnished on or after the effective date Contractors (MACs) (formerly known as Alaskan Natives. Reference premiums of termination. The CMS–377 is used to FIs) and SAs to perform certain are foundational inputs into the BHP collect facility-specific characteristics verification activities, beginning in payment methodology. We have the that facilitate CMS’ oversight of October 1983 when PPS was necessary information to determine ambulatory surgical centers. The CMS– implemented. We originally developed these reference premiums for states with 377 is submitted by ASCs when they the CMS–437 as an SA Worksheet for Exchanges operated by the Federally request initial certification of verifying exclusions from PPS for Facilitated Exchange (FFE) or are compliance with the ASC conditions for psychiatric units. operated in partnership with the FFE. coverage or to update an ASC’s existing Since April 9, 1994, PPS-excluded Consequently, this collection only certification information. It is also used psychiatric units already excluded from pertains to the 17 states that are by State agencies who conduct the PPS have met our annual operating State Based Exchanges. certification surveys on CMS’ behalf to requirement for PPS-exclusion by self- Form Number: CMS–10510 (OMB maintain information on the facility’s attesting that they remain in compliance control number: 0938–1218); Frequency: characteristics that facilitate conducting with the PPS exclusion criteria. Under Yearly; Affected Public: State, Local, or surveys, e.g., determining the size and the current procedure, all psychiatric Tribal Governments; Number of the composition of the survey team on units applying for first-time exclusion Respondents: 17; Total Annual the basis of the number of operating and are surveyed by the SAs. The SAs also Responses: 17; Total Annual Hours: 68. procedure rooms and the types of perform surveys to investigate (For policy questions regarding this surgical procedures performed in the complaint allegations and conduct collection contact Carey Appold at 410– ASC. annual sample re-verification surveys 786–2117). Form Numbers: CMS–370 and CMS– on 5 percent of all psychiatric units. The 4. Type of Information Collection 377 (OMB control number: 0938–0266); aforementioned exclusions continue to Request: Extension of a currently Frequency: Occasionally; Affected exist and thus we propose to continue approved collection; Title of Public: Private Sector—Business or to use the Criteria Worksheet, Forms Information Collection: Organ other for-profit and Not-for-profit CMS–437, for verifying first-time Procurement Organization/ institutions; Number of Respondents: exclusions from the PPS, for complaint Histocompatibility Laboratory Cost 5,449; Total Annual Responses: 1,833; surveys, for its annual 5 percent Report; Use: We are requesting an Total Annual Hours: 633. (For policy validation sample, and for facility self- extension of the Form CMS 216–94, questions regarding this collection attestation. These forms are related to Organ Procurement Organization (OPO)/ contact Erin McCoy at 410–786–2337.) the survey and certification and Histocompatibility Laboratory Cost 2. Type of Information Collection Medicare approval of the PPS-excluded Report. These cost reports are filed Request: Reinstatement with Change of units. annually by freestanding OPO and a currently approved collection; Title of Form Number: CMS–437 (OMB Histocompatibility Lab providers Information Collection: Psychiatric Unit control number: 0938–0358); Frequency: participating in the Medicare program to Criteria Work Sheet and Supporting Annually; Affected Public: Private determine the reasonable costs incurred Regulations; Use: Certain hospital units sector—Business or other for-profits; to furnish treatment for renal transplant are excluded from the Medicare Number of Respondents: 1,614; Total patients. Form Number: CMS–216–94 Prospective Payment System (PPS). The Annual Responses: 1,614; Total Annual (OMB control number: 0938–0102); exclusion of units is not optional on the Hours: 404. (For policy questions Frequency: Annually; Affected Public: part of the provider but is required by regarding this collection contact Donald Private sector—Business or other for- section 1886(d)(1)(B) of the Social Howard at 410–786–6764.) profits; Number of Respondents: 107; Security Act. That section excludes 3. Type of Information Collection Total Annual Responses: 107 Total psychiatric hospitals, rehabilitation Request: Extension of a currently Annual Hours: 4,815. (For policy hospitals, hospitals whose inpatients are approved collection; Title of questions regarding this collection predominantly individuals under 18 Information Collection: Basic Health contact Angela Havrilla at 410–786– years of age (children’s hospitals), and Program Report for Health Insurance 4516.) psychiatric and rehabilitation units Exchange Premium; Use: The Basic 5. Type of Information Collection which are a distinct part of a hospital. Health Program (BHP) is federally Request: Revision of a previously We propose to continue the current funded by determining the amount of approved information collection; Title process of performing initial payments that the federal government of Information Collection: Consumer

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Assistance Tools and Programs of an primarily to identify products, supplies, Sector (not-for-profit institutions); Exchange and Certified Application and services not included in the CPT individuals or households; Number of Counselors; Exchange and Insurance codes, such as ambulatory services and Respondents: 5,610; Number of Market Standards for 2015; Use: Section durable medical equipment, prosthetics, Responses: 5,610; Total Annual Hours: 1321(a)(1) of the Affordable Care Act orthotics, and supplies (DMEPOS) when 35,709. (For policy questions regarding directs and authorizes the Secretary to used in the home or outpatient setting. this collection, contact Emily Ames at issue regulations setting standards for The HCPCS codeset has been 301–492–4246.) meeting the requirements under title I of maintained and distributed via 8. Type of Information Collection the Affordable Care Act, with respect to, modifications of codes, modifiers and Request: New collection (Request for a among other things, the establishment descriptions, as a direct result of data new OMB control number); Title of and operation of Exchanges. Pursuant to received from applicants. The HCPCS Information Collection: Public Health this authority, regulations establishing codeset maintenance is an ongoing Agency/Registry Readiness to Support the certified application counselor process, as changes are implemented Meaningful Use; Use: The Medicare and program are being finalized at 45 CFR and updated annually; therefore, the Medicaid Electronic Health Record 155.225. Specifically, 45 CFR 155.225(a) process requires continual collection of (EHR) Incentive Programs provide requires an Exchange to establish a information from applicants on an incentives for the meaningful use of certified application counselor program annual basis. As new technology Certified Electronic Health Record that complies with the requirements of evolves and new devices, drugs and Technology (CEHRT). We defined the rule. Section 155.225(b)(1) allows supplies are introduced to the market, meaningful use as a set of objectives and applicants submit applications to us each Exchange to designate certain measures in either Stage 1 or Stage 2 requesting modifications to the HCPCS organizations, including organizations depending on how long an eligible Level II codeset. designated by state Medicaid or CHIP provider has participated in the agencies, which will certify their staff Form Number: CMS–10224 (OMB control number: 0938–1042); Frequency: program. Both Stage 1 (3 objectives) and and volunteers to act as certified Stage 2 (5 objectives) of meaningful use application counselors. In accordance Annually; Affected Public: Private sector—Business or other for-profits and contain objectives and measures that with 45 CFR 155.225(b)(2), Exchanges require eligible providers to determine may choose to certify directly Not-for-profit institutions; Number of the readiness of public health agencies individuals who seek to act as certified Respondents: 300; Total Annual and registries to receive electronic data application counselors, designate Responses: 300 Total Annual Hours: from CEHRT. Public comments on the certain organizations which will certify 3,300. (For policy questions regarding notice of proposed rulemaking for Stage staff or volunteers to perform this collection contact Kimberlee Combs 2 of meaningful use (77 FR 13697) application services, or do both. In Miller at 410–786–6707.) asserted that the burden for each accordance with 155.225(d)(7), certified 7. Type of Information Collection individual eligible provider to application counselors in all Exchanges Request: Revision of a previously determine the readiness of multiple are required to be recertified on at least approved information collection; Title public health agencies and registries an annual basis and successfully of Information Collection: Exchange complete Exchange-required Functions: Standards for Navigators and could be nearly eliminated if we were recertification training. Non-Navigator Assistance Personnel; to maintain a database on the readiness Form Number: CMS–10494 (OMB Use: Section 1321(a)(1) of the Affordable of public health agencies and registries. control number: 0938–1205); Frequency: Care Act directs and authorizes the In the final rule for Stage 2 of On Occasion; Affected Public: State, Secretary to issue regulations setting meaningful use (77 FR 53967), we Local, or Tribal Governments, Private standards for meeting the requirements agreed that the burden on eligible Sector: not-for-profit institutions; under title I of the Affordable Care Act, providers, public health agencies and individuals or households; Number of with respect to, among other things, the registries would be greatly reduced and Respondents: 35,000; Number of establishment and operation of established that we would create such a Responses: 160,000; Total Annual Exchanges. Pursuant to this authority, database and it would serve as the Hours: 19,610. (For policy questions regulations have been finalized at 45 definitive information source for regarding this collection, contact Tricia CFR 155.210(e)(6) and 45 CFR determining public health agency and Beckmann at 301–492–4328.) 155.215(g) to require Navigators, as well registry readiness to receive electronic 6. Type of Information Collection as those non-Navigator personnel to data associated with the public health Request: Extension of a currently whom 45 CFR 155.215 applies, to meaningful use objectives. The approved collection; Title of inform consumers of the functions and information will be made publicly Information Collection: Healthcare responsibilities of Navigators and non- available on the CMS Web site Common Procedure Coding System Navigator assistance personnel (as (www.cms.gov/EHRincentiveprograms) (HCPCS)—Level II Code Modification applicable) and obtain authorization for in order to provide a centralized Request Process; Use: Each year in the the disclosure of consumer information repository of this information to eligible United States healthcare insurers to the Navigator or non-Navigator providers and eliminate there multiple process over 5 billion claims for assistance personnel prior to obtaining individual inquiries to multiple public payment. For Medicare and other health the consumer’s personally identifiable health agencies and registries. Form insurance programs to ensure that these information. Navigators and non- Number: CMS–10499 (OMB control claims are processed in an orderly and Navigator assistance personnel to whom number: 0938–New); Frequency: Yearly; consistent manner, standardized coding 45 CFR 155.215 applies are also Affected Public: Private sector— systems are essential. The Healthcare required to maintain a record of the Business or other for-profits and Not- Common Procedure Coding System authorization provided in a form and for-profit institutions; Number of (HCPCS) Level II Code Set is one of the manner as determined by the Exchange. Respondents: 250; Total Annual standard code sets used for this Form Number: CMS–10472 (OMB Responses: 250; Total Annual Hours: purpose. Level II of the HCPCS, also control number. 0938–1220); Frequency: 83. (For policy questions regarding this referred to as alpha-numeric codes, is a On Occasion; Affected Public: State, collection contact Kathleen Connors de standardized coding system that is used Local, or Tribal Governments, Private Laguna at 410–786–2256.

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Dated: June 24, 2014. 4. By hand or courier. Alternatively, instructions on that Web site to view Martique Jones, you may deliver (by hand or courier) public comments. Deputy Director, Regulations Development your written comments to the following Comments received timely will also Group, Office of Strategic Operations and addresses: be available for public inspection as Regulatory Affairs. a. For delivery in Washington, DC— they are received, generally beginning [FR Doc. 2014–15073 Filed 6–26–14; 8:45 am] Centers for Medicare & Medicaid approximately 3 weeks after publication BILLING CODE 4120–01–P Services, Department of Health and of a document, at the headquarters of Human Services, Room 445–G, Hubert the Centers for Medicare & Medicaid H. Humphrey Building, 200 Services, 7500 Security Boulevard, DEPARTMENT OF HEALTH AND Independence Avenue SW., Baltimore, Maryland 21244, Monday HUMAN SERVICES Washington, DC 20201. through Friday of each week from 8:30 (Because access to the interior of the a.m. to 4 p.m. To schedule an Centers for Medicare & Medicaid Hubert H. Humphrey Building is not appointment to view public comments, Services readily available to persons without phone 1–800–743–3951. [CMS–3301–PN] federal government identification, I. Background commenters are encouraged to leave Medicare and Medicaid Programs; their comments in the CMS drop slots Under the Medicare program, eligible Application From Det Norske Veritas located in the main lobby of the beneficiaries may receive covered Healthcare for Continued CMS- building. A stamp-in clock is available services in a Critical Access Hospital Approval of Its Critical Access Hospital for persons wishing to retain a proof of (CAH) provided certain requirements Accreditation Program filing by stamping in and retaining an are met by the CAH. Section 1820(e) and extra copy of the comments being filed.) 1861(mm) of the Social Security Act AGENCY: Centers for Medicare and Comments erroneously mailed to the (the Act), establishes distinct criteria for Medicaid Services, HHS. addresses indicated as appropriate for facilities seeking designation as a CAH. ACTION: Proposed notice. hand or courier delivery may be delayed Regulations concerning provider and received after the comment period. agreements are at 42 CFR part 489 and SUMMARY: This proposed notice those pertaining to activities relating to acknowledges the receipt of an b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid the survey and certification of facilities application from Det Norske Veritas are at 42 CFR part 488. The regulations Healthcare (DNVHC) for continued Services, Department of Health and Human Services, 7500 Security at 42 CFR part 485, subpart F specify the recognition as a national accrediting conditions that a CAH must meet to organization for critical access hospitals Boulevard, Baltimore, MD 21244–1850. If you intend to deliver your participate in the Medicare program, the (CAHs) that wish to participate in the scope of covered services, and the comments to the Baltimore address, call Medicare or Medicaid programs. conditions for Medicare payment for telephone number (410) 786–9994 in DATES: To be assured consideration, CAHs. advance to schedule your arrival with comments must be received at one of Generally, to enter into an agreement, one of our staff members. the addresses provided below, no later a CAH must first be certified by a state For information on viewing public than 5 p.m. on July 28, 2014. survey agency as complying with the comments, see the beginning of the conditions or requirements set forth in ADDRESSES: In commenting, please refer SUPPLEMENTARY INFORMATION section. to file code CMS–3301–PN. Because of part 485, subpart F of our CMS FOR FURTHER INFORMATION CONTACT: staff and resource limitations, we cannot regulations. Thereafter, the CAH is Barbara Easterling, (410) 786–0482, accept comments by facsimile (FAX) subject to regular surveys by a state Cindy Melanson, (410) 786–0310, transmission. survey agency to determine whether it You may submit comments in one of Patricia Chmielewski, (410) 786–6899, continues to meet these requirements. four ways: or Lillian Williams, (410) 786–8636. There is an alternative, however, to 1. Electronically. You may submit SUPPLEMENTARY INFORMATION: surveys by state agencies. electronic comments on specific issues Submitting Comments: We welcome Section 1865(a)(1) of the Act provides in this regulation to http:// comments from the public on all issues that, if a provider entity demonstrates www.regulations.gov . Follow the set forth in this proposed notice to assist through accreditation by an approved ‘‘submit a comment’’ instructions. us in fully considering issues and national accrediting organization that all 2. By regular mail. You may mail developing policies. Referencing the file applicable Medicare conditions are met written comments (one original and two code CMS–3301–PN and the specific or exceeded, we will deem those copies) to the following address ONLY: ‘‘issue identifier’’ that precedes the provider entities as having met the Centers for Medicare & Medicaid section on which you choose to requirements. Accreditation by an Services, Department of Health and comment will assist us in fully accrediting organization is voluntary Human Services, Attention: CMS–3301– considering issues and developing and is not required for Medicare PN, P.O. Box 8016, Baltimore, MD policies. participation. 21244–8016. Inspection of Public Comments: All If an accrediting organization is Please allow sufficient time for mailed comments received before the close of recognized by the Secretary as having comments to be received before the the comment period are available for standards for accreditation that meet or close of the comment period. viewing by the public, including any exceed Medicare requirements, any 3. By express or overnight mail. You personally identifiable or confidential provider entity accredited by the may send written comments to the business information that is included in national accrediting body’s approved following address ONLY: Centers for a comment. We post all comments program would be deemed to meet the Medicare & Medicaid Services, received before the close of the Medicare conditions. A national Department of Health and Human comment period on the following Web accrediting organization applying for Services, Attention: CMS–3301–PN, site as soon as possible after they have approval of its accreditation program Mail Stop C4–26–05, 7500 Security been received: http:// under part 488, subpart A, must provide Boulevard, Baltimore, MD 21244–1850. www.regulations.gov. Follow the search us with reasonable assurance that the

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accrediting organization requires the • The equivalency of DNVHC’s time specified in the DATES section of accredited provider entities to meet standards for CAHs as compared with this preamble, and, when we proceed requirements that are at least as CMS’ CAH CoPs. with a subsequent document, we will stringent as the Medicare conditions. • DNVHC’s survey process to respond to the comments in the Our regulations concerning the approval determine the following: preamble to that document. of accrediting organizations are set forth ++ The composition of the survey Upon completion of our evaluation, at § 488.4 and § 488.8(d)(3). The team, surveyor qualifications, and the including evaluation of comments regulations at § 488.8(d)(3) require an ability of the organization to provide received as a result of this notice, we accrediting organization to reapply for continuing surveyor training. will publish a final notice in the Federal continued approval of its accreditation ++ The comparability of DNVHC’s Register announcing the result of our program every 6 years or as determined processes to those of state agencies, evaluation. by CMS. Det Norske Veritas Healthcare’s including survey frequency, and the Dated: June 18, 2014. ability to investigate and respond (DNVHC) current term of approval for Marilyn Tavenner, its CAH accreditation program expires appropriately to complaints against Administrator, Centers for Medicare & December 23, 2014. accredited facilities. ++ DNVHC’s processes and Medicaid Services. II. Approval of Deeming Organizations procedures for monitoring a CAH found [FR Doc. 2014–15100 Filed 6–26–14; 8:45 am] Section 1865(a)(2) of the Act and our out of compliance with DNVHC’s BILLING CODE 4120–01–P regulations at § 488.8(a) require that our program requirements. These findings concerning review and monitoring procedures are used only when DNVHC identifies DEPARTMENT OF HEALTH AND approval of a national accrediting HUMAN SERVICES organization’s requirements consider, noncompliance. If noncompliance is among other factors, the applying identified through validation reviews or Centers for Medicare & Medicaid accrediting organization’s requirements complaint surveys, the state survey Services for accreditation; survey procedures; agency monitors corrections as specified resources for conducting required at § 488.7(d). [CMS–3297–PN] ++ DNVHC’s capacity to report surveys; capacity to furnish information Medicare and Medicaid Programs: for use in enforcement activities; deficiencies to the surveyed facilities and respond to the facility’s plan of Application From the Joint monitoring procedures for provider Commission for Continued Approval of entities found not in compliance with correction in a timely manner. ++ DNVHC’s capacity to provide Its Ambulatory Surgical Center the conditions or requirements; and Accreditation Program ability to provide us with the necessary CMS with electronic data and reports data for validation. necessary for effective validation and AGENCY: Centers for Medicare and Section 1865(a)(3)(A) of the Act assessment of the organization’s survey Medicaid Services, HHS. process. further requires that we publish, within ACTION: Proposed notice. ++ The adequacy of DNVHC’s staff 60 days of receipt of an organization’s and other resources, and its financial complete application, a notice SUMMARY: This proposed notice viability. identifying the national accrediting acknowledges the receipt of an ++ DNVHC’s capacity to adequately body making the request, describing the application from the Joint Commission fund required surveys. for continued recognition as a national nature of the request, and providing at ++ DNVHC’s policies with respect to least a 30-day public comment period. accrediting organization for ambulatory whether surveys are announced or surgical centers (ASCs) that wish to We have 210 days from the receipt of a unannounced, to assure that surveys are complete application to publish notice participate in the Medicare or Medicaid unannounced. programs. of approval or denial of the application. ++ DNVHC’s agreement to provide DATES: The purpose of this proposed notice CMS with a copy of the most current To be assured consideration, is to inform the public of DNVHC’s accreditation survey together with any comments must be received at one of request for continued CMS approval of other information related to the survey the addresses provided below, no later its CAH accreditation program. This as CMS may require (including than 5 p.m. on July 28, 2014. notice also solicits public comment on corrective action plans). ADDRESSES: In commenting, please refer whether DNVHC’s requirements meet or to file code CMS–3297–PN. Because of exceed the Medicare conditions of IV. Collection of Information staff and resource limitations, we cannot participation (CoPs) for CAHs. Requirements accept comments by facsimile (FAX) III. Evaluation of Deeming Authority This document does not impose transmission. You may submit comments in one of Request information collection and recordkeeping requirements. four ways: DNVHC submitted all the necessary Consequently, it need not be reviewed 1. Electronically. You may submit materials to enable us to make a by the Office of Management and electronic comments on specific issues determination concerning its request for Budget under the authority of the in this regulation to http:// continued approval of its CAH Paperwork Reduction Act of 1995 (44 www.regulations.gov. Follow the accreditation program. This application U.S.C. 35). ‘‘submit a comment’’ instructions. was determined to be complete on May 2. By regular mail. You may mail 2, 2014. Under section 1865(a)(2) of the V. Response to Public Comments written comments (one original and two Act and our regulations at § 488.8 Because of the large number of public copies) to the following address ONLY: (federal review of accrediting comments we normally receive on Centers for Medicare & Medicaid organizations), our review and Federal Register documents, we are not Services, Department of Health and evaluation of DNVHC will be conducted able to acknowledge or respond to them Human Services, Attention: CMS–3297– in accordance with, but not necessarily individually. We will consider all PN, P.O. Box 8016, Baltimore, MD limited to, the following factors: comments we receive by the date and 21244–8010.

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Please allow sufficient time for mailed the comment period are available for national accrediting body’s approved comments to be received before the viewing by the public, including any program would be deemed to meet the close of the comment period. personally identifiable or confidential Medicare conditions. A national 3. By express or overnight mail. You business information that is included in accrediting organization applying for may send written comments to the a comment. We post all comments approval of its accreditation program following address ONLY: Centers for received before the close of the under part 488, subpart A, must provide Medicare & Medicaid Services, comment period on the following Web us with reasonable assurance that the Department of Health and Human site as soon as possible after they have accrediting organization requires the Services, Attention: CMS–3297–PN, been received: http:// accredited provider entities to meet Mail Stop C4–26–05, 7500 Security www.regulations.gov. Follow the search requirements that are at least as Boulevard, Baltimore, MD 21244–1850. instructions on that Web site to view stringent as the Medicare conditions. 4. By hand or courier. Alternatively, public comments. Our regulations concerning the approval you may deliver (by hand or courier) Comments received timely will also of accrediting organizations are set forth your written comments to the following be available for public inspection as at § 488.4 and § 488.8(d)(3). The addresses: they are received, generally beginning regulations at § 488.8(d)(3) require a. For delivery in Washington, DC— approximately 3 weeks after publication accrediting organizations to reapply for Centers for Medicare & Medicaid of a document, at the headquarters of continued approval of its accreditation Services, Department of Health and the Centers for Medicare & Medicaid program every 6 years or as determined Human Services, Room 445–G, Hubert Services, 7500 Security Boulevard, by CMS. H. Humphrey Building, 200 Baltimore, Maryland 21244, Monday The Joint Commission’s current term Independence Avenue SW., through Friday of each week from 8:30 of approval for their ASC accreditation Washington, DC 20201. a.m. to 4 p.m. To schedule an program expires December 20, 2014. appointment to view public comments, (Because access to the interior of the II. Approval of Deeming Organizations Hubert H. Humphrey Building is not phone 1–800–743–3951. Section 1865(a)(2) of the Act and our readily available to persons without I. Background Federal government identification, regulations at § 488.8(a) require that our commenters are encouraged to leave Under the Medicare program, eligible findings concerning review and their comments in the CMS drop slots beneficiaries may receive covered approval of a national accrediting located in the main lobby of the services from an ambulatory surgical organization’s requirements consider, building. A stamp-in clock is available center (ASC) provided certain among other factors, the applying requirements are met. Section 1832 for persons wishing to retain a proof of accrediting organization’s requirements (a)(2)(F)(i) of the Social Security Act filing by stamping in and retaining an for accreditation; survey procedures; (the Act) establishes distinct criteria for extra copy of the comments being filed.) resources for conducting required facilities seeking designation as an ASC. Comments erroneously mailed to the surveys; capacity to furnish information Regulations concerning provider addresses indicated as appropriate for for use in enforcement activities; agreements are at 42 CFR part 489 and hand or courier delivery may be delayed monitoring procedures for provider those pertaining to activities relating to and received after the comment period. entities found not in compliance with b. For delivery in Baltimore, MD— the survey and certification of facilities the conditions or requirements; and Centers for Medicare & Medicaid are at 42 CFR part 488. The regulations ability to provide CMS with the Services, Department of Health and at 42 CFR part 416 specify the minimum necessary data for validation. Human Services, 7500 Security conditions that an ASC must meet to Section 1865(a)(3)(A) of the Act Boulevard, Baltimore, MD 21244–1850. participate in the Medicare program. further requires that we publish, within Generally, to enter into an agreement, If you intend to deliver your 60 days of receipt of an organization’s an ASC must first be certified by a State comments to the Baltimore address, call complete application, a notice survey agency as complying with the telephone number (410) 786–9994 in identifying the national accrediting conditions or requirements set forth in advance to schedule your arrival with body making the request, describing the part 416 of our regulations. Thereafter, one of our staff members. nature of the request, and providing at the ASC is subject to regular surveys by For information on viewing public least a 30-day public comment period. a State survey agency to determine comments, see the beginning of the We have 210 days from the receipt of a whether it continues to meet these SUPPLEMENTARY INFORMATION section. complete application to publish notice requirements. of approval or denial of the application. FOR FURTHER INFORMATION CONTACT: Section 1865(a)(1) of the Act provides The purpose of this proposed notice Monda Shaver, (410) 786–3410. Cindy that, if a provider entity demonstrates is to inform the public of the Joint Melanson, (410) 786–0310. Patricia through accreditation by an approved Commission’s request for continued Chmielewski, (410) 786–6899. national accrediting organization that all approval of its ASC accreditation SUPPLEMENTARY INFORMATION: applicable Medicare conditions are met program. This notice also solicits public Submitting Comments: We welcome or exceeded, we will deem those comment on whether the Joint comments from the public on all issues provider entities as having met the Commission’s requirements meet or set forth in this proposed notice to assist requirements. Accreditation by an exceed the Medicare conditions for us in fully considering issues and accrediting organization is voluntary coverage (CfCs) for ASCs. developing policies. Referencing the file and is not required for Medicare code CMS–3297–PN and the specific participation. III. Evaluation of Deeming Authority ‘‘issue identifier’’ that precedes the If an accrediting organization is Request section on which you choose to recognized by the Secretary of the The Joint Commission submitted all comment will assist us in fully Department of Health and Human the necessary materials to enable us to considering issues and developing Services (the Secretary) as having make a determination concerning its policies. standards for accreditation that meet or request for continued approval of its Inspection of Public Comments: All exceed Medicare requirements, any ASC accreditation program. This comments received before the close of provider entity accredited by the application was determined to be

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complete on May 2, 2014. Under Budget under the authority of the I. Background Section 1865(a)(2) of the Act and our Paperwork Reduction Act of 1995 (44 regulations at § 488.8 (Federal review of U.S.C. 35). A healthcare provider may enter into accrediting organizations), our review an agreement with Medicare to V. Response to Public Comments and evaluation of the Joint Commission participate in the program as a hospital will be conducted in accordance with, Because of the large number of public provided certain requirements are met. but not necessarily limited to, the comments we normally receive on Section 1861(e) of the Social Security following factors: Federal Register documents, we are not Act (the Act) establishes criteria for • The equivalency of the Joint able to acknowledge or respond to them providers seeking participation as a Commission’s standards for ASCs as individually. We will consider all hospital. Regulations concerning compared with our ASC CfCs. comments we receive by the date and Medicare provider agreements in general are at 42 CFR part 489 and those • The Joint Commission’s survey time specified in the DATES section of process to determine the following: this preamble, and, when we proceed pertaining to the survey and ++ The composition of the survey with a subsequent document, we will certification for Medicare participation team, surveyor qualifications, and the respond to the comments in the of providers and certain types of ability of the organization to provide preamble to that document. suppliers are at part 488. The regulations at part 482 specify the continuing surveyor training. Upon completion of our evaluation, specific conditions that a provider must ++ The comparability of the Joint including evaluation of comments meet to participate in the Medicare Commission’s processes to those of received as a result of this notice, we program as a hospital. State agencies, including survey will publish a final notice in the Federal frequency, and the ability to investigate Register announcing the result of our Generally, to enter into a Medicare and respond appropriately to evaluation. hospital provider agreement, a facility complaints against accredited facilities. must first be certified as complying with ++ The Joint Commission’s processes Dated: June 18, 2014. the conditions set forth in part 482 and and procedures for monitoring an ASC Marilyn Tavenner, recommended to us for participation by found out of compliance with the Joint Administrator, Centers for Medicare & a state survey agency. Thereafter, the Commission’s program requirements. Medicaid Services. hospital is subject to periodic surveys These monitoring procedures are used [FR Doc. 2014–15101 Filed 6–26–14; 8:45 am] by a state survey agency to determine only when the Joint Commission BILLING CODE P whether it continues to meet these identifies noncompliance. If conditions. However, there is an noncompliance is identified through alternative to certification surveys by validation reviews or complaint DEPARTMENT OF HEALTH AND state agencies. Accreditation by a surveys, the State survey agency HUMAN SERVICES nationally recognized Medicare monitors corrections as specified at accreditation program approved by us Centers for Medicare & Medicaid § 488.7(d). may substitute for both initial and Services ++ The Joint Commission’s capacity ongoing state review. to report deficiencies to the surveyed Section 1865(a)(1) of the Act provides facilities and respond to the facility’s [CMS–3290–FN] that, if the Secretary finds that plan of correction in a timely manner. accreditation of a provider entity by an ++ The Joint Commission’s capacity Medicare and Medicaid Programs; Continued Approval of The Joint approved national accrediting to provide CMS with electronic data and organization meets or exceeds all reports necessary for effective validation Commission’s (TJC’s) Hospital Accreditation Program applicable Medicare conditions, we may and assessment of the organization’s treat the provider entity as having met survey process. those conditions, that is, we may ++ The adequacy of the Joint AGENCY: Centers for Medicare and ‘‘deem’’ the provider entity to be in Commission’s staff and other resources, Medicaid Services, HHS. compliance. Accreditation by an and its financial viability. ACTION: Final notice. accrediting organization is voluntary ++ The Joint Commission’s capacity and is not required for Medicare to adequately fund required surveys. SUMMARY: This final notice announces ++ The Joint Commission’s policies our decision to approve The Joint participation. with respect to whether surveys are Commission (TJC) for continued Part 488, subpart A, implements the announced or unannounced, to assure recognition as a national accrediting provisions of section 1865 and requires that surveys are unannounced. organization for hospitals that wish to that a national accrediting organization ++ The Joint Commission’s participate in the Medicare or Medicaid applying for approval of its Medicare agreement to provide CMS with a copy programs. A hospital that participates in accreditation program must provide us of the most current accreditation survey Medicaid must also meet the Medicare with reasonable assurance that the together with any other information conditions of participation (CoPs) as accrediting organization requires its related to the survey that we may required under section 1905(a) of the accredited provider entities to meet require (including corrective action Social Security Act (‘‘Act’’) and 42 CFR requirements that are at least as plans). 482.1(a)(5). This approval is effective stringent as the Medicare conditions. July 15, 2014 through July 15, 2020. Our regulations concerning the approval IV. Collection of Information of accrediting organizations are set forth Requirements DATES: This final notice is effective July 15, 2014 through July 15, 2020. at § 488.4 and § 488.8(d)(3). The This document does not impose regulations at § 488.8(d)(3) require an information collection requirements, FOR FURTHER INFORMATION CONTACT: accrediting organization to reapply for that is, no reporting, recordkeeping or Monda Shaver (410) 786–3410, Cindy continued approval of its Medicare third-party disclosure requirements. Melanson, (410) 786–0310, or Patricia accreditation program every 6 years or Consequently, it need not be reviewed Chmielewski, (410) 786–6899. sooner as determined by us. TJC’s by the Office of Management and SUPPLEMENTARY INFORMATION: current term of approval as a recognized

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Medicare accreditation program for ++ Evaluate TJC’s procedures for considered by the governing body hospitals expires July 15, 2014. monitoring hospitals it has found to be during the medical staff appointment out of compliance with TJC’s program process. II. Application Approval Process requirements. (This pertains only to • § 482.12(c)(2), to include the Section 1865(a)(3)(A) of the Act monitoring procedures when TJC requirement that patients are admitted provides a statutory timetable to ensure identifies non-compliance. If to the hospital only on the that our review of applications for CMS- noncompliance is identified by a state recommendation of a licensed approval of an accreditation program is survey agency through a validation practitioner. conducted in a timely manner. The Act survey, the state survey agency monitors • § 482.13(a)(1), to ensure hospitals provides us 210 days after the date of corrections as specified at § 488.7(d).) inform each patient or patient’s receipt of a complete application, with ++ Assess TJC’s ability to report representative of the patient’s rights, in any documentation necessary to make deficiencies to the surveyed hospitals advance of furnishing or discontinuing the determination, to complete our and respond to the hospital’s plan of patient care whenever possible. survey activities and application correction in a timely manner. • § 482.13(b)(4), to address the process. Within 60 days after receiving ++ Establish TJC’s ability to provide patient’s right to have a family member a complete application, we must us with electronic data and reports or representative of his or her choice publish a notice in the Federal Register necessary for effective validation and notified promptly of the patient’s that identifies the national accrediting assessment of the organization’s survey admission to the hospital. body making the request, describes the process. • § 482.13(h) and § 482.13(h)(1), to request, and provides no less than a 30- ++ Determine the adequacy of TJC’s include the provisions that require day public comment period. At the end staff and other resources. hospitals inform each patient of his or of the 210-day period, we must publish ++ Confirm TJC’s ability to provide her visitation rights and address the a notice in the Federal Register adequate funding for performing requirement for hospitals to have approving or denying the application. required surveys. written policies and procedures ++ Confirm TJC’s policies with III. Provisions of the Proposed Notice regarding the visitation rights of respect to surveys being unannounced. patients, including those setting forth In the January 29, 2014 Federal ++ Obtain TJC’s agreement to provide any clinical restriction or limitation that Register (79 FR 4727), we published a us with a copy of the most current the hospital may need to place on such proposed notice announcing TJC’s accreditation survey together with any rights and the reasons for the clinical request for continued approval of its other information related to the survey restriction or limitation. Medicare hospital accreditation as we may require, including corrective • To meet the requirements at program. In the January 29, 2014 action plans. § 482.13(h)(2), TJC revised its standards proposed notice, we detailed our In accordance with section to include the requirement that the evaluation criteria. Under section 1865(a)(3)(A) of the Act, the January 29, hospital must inform each patient of 1865(a)(2) of the Act and in our 2014 proposed notice also solicited their right to receive designated visitors. regulations at § 488.4 and § 488.8, we public comments regarding whether • § 482.13(h)(4), to ensure all visitors conducted a review of TJC’s Medicare TJC’s requirements met or exceeded the enjoy full and equal visitation privileges hospital accreditation application in Medicare CoPs for hospitals. We consistent with patient preferences. accordance with the criteria specified by received two unrelated comments in • § 482.21, to address the hospital our regulations, which include, but are response to our proposed notice. governing body’s responsibility for not limited to the following: IV. Provisions of the Final Notice maintaining an ongoing quality • An onsite administrative review of assessment and performance TJC’s: (1) Corporate policies; (2) A. Differences Between TJC’s Standards improvement (QAPI) program that financial and human resources available and Requirements for Accreditation and includes services provided under to accomplish the proposed surveys; (3) Medicare Conditions and Survey arrangement; maintenance and procedures for training, monitoring, and Requirements demonstration of evidence of its QAPI evaluation of its hospital surveyors; (4) We compared TJC’s hospital program for review by us; and that the ability to investigate and respond accreditation requirements and survey QAPI program is developed and appropriately to complaints against process with the Medicare CoPs of 42 executed in a manner that reflects the accredited hospitals; and, (5) survey CFR Part 482, and the survey and complexity of the hospital scope and review and decision-making process for certification process requirements of focus. accreditation. Parts 488 and 489. Our review and • § 482.22(a), to indicate that the • The comparison of TJC’s Medicare evaluation of TJC’s hospital application, medical staff may also include other accreditation program standards to our which were conducted as described in categories of non-physician current Medicare hospital CoPs. section III of this final notice, yielded practitioners as eligible for appointment • A documentation review of TJC’s the following areas where, as of the date by the governing body. survey process to determine the of this notice, TJC is in the process of • § 482.23(b)(3), to require that a following: or has completed revising its standards registered nurse must supervise the ++ Determine the composition of the and certification processes in order to nursing care of each patient. survey team, surveyor qualifications, meet the requirements at: • § 482.23(b)(5), to ensure a registered and TJC’s ability to provide continuing • § 482.12(a)(1), to address the nurse assigns the nursing care of each surveyor training. hospital’s responsibility to determine patient to other nursing personnel. ++ Compare TJC’s processes to those which categories of practitioners are • § 482.23(c)(6)(i)(A) and we require of state survey agencies, eligible candidates for appointment to § 482.23(c)(6)(ii)(A), to require a written including periodic resurvey and the the medical staff. order permitting patient self- ability to investigate and respond • § 482.12(a)(2), to ensure administration of hospital issued appropriately to complaints against recommendations of the existing medications and the patient’s own accredited hospitals. members of the medical staff are medications brought to the hospital.

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• § 482.23(c)(6)(ii)(B), to include a fire drill requirements that include practice and meet the requirements at provision for assessing the patient’s transmission of a fire alarm signal, § 409.17. capacity to self-administer medications simulation of emergency fire conditions, • § 482.57(b)(2), to require blood and determining if the patient needs varying conditions, and employees gases or other laboratory tests performed instruction in the safe and accurate being instructed in life safety in the respiratory care unit to meet the administration of medications. procedures and devices. applicable requirements for laboratory • § 482.24(a), to ensure the • § 482.41(b)(2), to require services specified in § 482.27. organization of the medical record submission of an equivalency or waiver • § 488.3(a), to ensure that all service is appropriate to the scope and request, including the supporting services, including physician and complexity of the services performed. documentation along with TJC’s ambulatory care services, which are • § 482.24(b), related to the form and recommendation for approval, to the furnished under the hospital’s Medicare retention of the medical record. applicable CMS Regional Office for provider agreement are surveyed for • § 482.24(b)(2), to include a processing. compliance with TJC’s CMS-approved provision that hospitals have a system • § 482.41(b)(6), to address the proper Medicare hospital accreditation that allows for timely retrieval by routine storage and prompt disposal of program. diagnosis and procedure, in order to trash. • § 488.4(a)(4), to clarify the support medical care evaluation and • § 482.41(b)(7), to include the minimum composition of its survey studies. requirement that the fire control plan team for its Medicare hospital • § 482.24(c)(2), to require all orders, must contain provisions for the prompt accreditation program. including verbal orders, be dated, timed, reporting of fires. • § 488.4(a)(4)(ii) through (v), to and authenticated promptly by the • § 482.43(c)(4), to address the ensure compliance with its own policies ordering practitioner or another hospital’s responsibility to reassess the that require evidence that its surveyors practitioner who is responsible for the patient’s discharge plan if there are are appropriately qualified, trained, and care of the patient. • factors that may affect continuing care evaluated. § 482.24(c)(4)(iv), to require needs or the appropriateness of the • § 488.4(a)(6), to ensure compliance documentation of complications, discharge plan. with its own policies that require plan hospital-acquired infections, and • § 482.43(c)(6), to include the of correction requests to be timely, unfavorable reactions to drugs and requirement that a home health agency follow-up surveys for ITL situations to anesthesia. (HHA) must request to be included on be conducted timely, and that findings • § 482.25(a), to include the the list of HHAs a hospital provides to are accurately reported to us via the requirement that the pharmacy or drug patients as part of their discharge plan. ASSURE database system. storage area must be administered in • § 482.51(a)(4), to include a • § 488.4(b)(3)(iii) and § 488.8(d), to accordance with accepted professional requirement for surgical services to ensure we are notified of any proposed principles. maintain a roster of practitioners, changes in its CMS-approved Medicare • § 482.26, to include therapeutic specifying the surgical privileges of each hospital accreditation program prior to radiologic services and the requirement practitioner. implementation of such changes within that radiologic services must meet • 30 days, and to confirm that it will not professionally approved standards for § 482.51(b)(2), to include a implement changes we have safety and personnel qualifications. requirement that a properly executed • informed consent for an operation must disapproved or required to be modified. § 482.26(b)(3), to require radiation • workers be checked periodically for be in the patient’s chart before surgery, § 488.8, to provide us with data that except in emergencies. ensures the following information is amounts of radiation exposure. • • § 482.27, to require that the hospital § 482.52(a)(5), to include a accurately reported: The date of a maintain, or have available, adequate requirement that the supervising complaint receipt; determination of laboratory services to meet the needs of anesthesiologist for an anesthesiologist’s complaints as substantiated or its patients and that such services are assistant be immediately available if unsubstantiated; determinations of ITL performed in a facility certified in needed. situations; final accreditation decisions • accordance with part 493 of this § 482.53(b)(3), to ensure laboratory for surveys where no deficiencies are chapter. tests performed in the nuclear medicine found; and surveyor documentation that • § 482.28, to address the hospital’s service meet the applicable requirement includes a detailed deficiency statement responsibility to have a dietitian who for laboratory services specified in that clearly supports the determination serves the hospital on a full-time, part- § 482.27. of manner and degree of non- • time, or consultant basis either directly § 482.53(d)(3), to require the compliance and the appropriate level of or through a contractual arrangement. hospital maintain records of the citation. • § 482.28(a)(1), to require that disposition of radiopharmaceuticals. • To ensure comparability with the hospitals have a full-time employee • § 482.55, to require the hospital to survey process requirements at responsible for the food and dietetic meet the emergency needs of patients in § 488.26(d), TJC: service. accordance with acceptable standards of ++ Updated its accreditation process • § 482.41, to address the hospital’s practice. policies to clarify that all surveys for responsibility to provide facilities for • § 482.56(a)(2), to ensure physical TJC’s Medicare hospital accreditation special services appropriate to the needs therapy, occupational therapy, speech- program are conducted unannounced. of the community. language pathology, and audiology ++ Updated its accreditation process • § 482.41(a)(1), to address the services are provided by qualified policies to ensure all required follow-up requirement for emergency power and therapists, as defined in 42 CFR part surveys for its Medicare hospital lighting in intensive care and emergency 484. accreditation program meet the rooms. • § 482.56(b)(2), to require the Medicare requirements. • § 482.41(b)(1)(i) and chapters 18/ personnel qualifications of those ++ Revised its accreditation process 19.7.1.2 and 18/19.7.1.3 of the Life providing care must be in accordance policies to clarify that the appropriate Safety Code (LSC), to address various with nationally accepted standards of level of citation be made when an

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Immediate Threat to Health or Safety DEPARTMENT OF HEALTH AND requirement, ACL/AoA is publishing (ITL) is identified. HUMAN SERVICES notice of the proposed collection of ++ Clarified its survey policies in the information set forth in this document. surveyor activity guide (SAG) to address Administration for Community Living With respect to the following collection how ‘‘Special Issue Resolution’’ is of information, ACL/AoA invites handled during surveys lasting only one Agency Information Collection comments on: (1) Whether the proposed day. Activities; Proposed Collection; collection of information is necessary ++ Updated its accreditation process Comment Request; Evidence-Based for the proper performance of ACL/ policies to ensure its definition of a Falls Prevention Program Standardized AoA’s functions, including whether the small hospital is consistent across its Data Collection information will have practical utility; policies. (2) the accuracy of ACL/AoA’s estimate • AGENCY: Administration on Aging § 488.28(a), to include all (AoA), Administration for Community of the burden of the proposed collection documented observations of non- Living (ACL), HHS. of information, including the validity of compliance and all internal, ACTION: Notice. the methodology and assumptions used; uncompleted Plans for Improvement (3) ways to enhance the quality, utility, (PFI) listed in the accredited hospital’s SUMMARY: The Administration for and clarity of the information to be ‘‘Statement of Condition (SOC) to Community Living (ACL), collected; and (4) ways to minimize the correct Life Safety Code Deficiencies’’ Administration on Aging (AoA) is burden of the collection of information into the survey report. announcing an opportunity for public on respondents, including through the • § 489.13, related to the effective comment on the proposed collection of use of automated collection techniques date of accreditation for facilities certain information. Under the when appropriate, and other forms of undergoing a survey for purposes of its Paperwork Reduction Act of 1995 (the information technology. ACL/AoA initial participation in Medicare to PRA), Federal agencies are required to proposes to use this set of data ensure the survey process and effective publish notice in the Federal Register collection tools to monitor grantees date of accreditation when deficiencies concerning each proposed collection of receiving cooperative agreements in have been identified are consistent with information, including each proposed response to the funding opportunity: the regulatory requirements. extension of an existing collection of • Complied with section 1861(e)(9)(C) ‘‘PPHF–2014—Evidence-Based Falls information, and to allow 60 days for Prevention Programs Financed Solely by of the Act, to require that waiver and public comment in response to the equivalency requests submitted by 2014 Prevention and Public Health notice. This notice solicits comments on Funds (PPHF–2014).’’ The statutory accredited organizations for Life Safety the information collection requirements Code deficiencies that would result in authority for cooperative agreements relating to the Evidence-Based Falls under this program announcement is unreasonable hardship for such a Prevention Program. facility to resolve and would not contained in Section 411 of the Older DATES: Submit written or electronic jeopardize patient health or safety, be Americans Act of 1965, as amended, comments on the collection of reviewed by TJC, and forwarded to us and the Patient Protection and for approval, as appropriate. information by August 26, 2014. Affordable Care Act (ACA), Section ADDRESSES: Submit electronic 4002, 42 U.S.C. 300u–11 (Prevention B. Term of Approval comments on the collection of and Public Health Fund). Based on our review and observations information to: Michele.boutaugh@ This data collection is necessary for described in section III of this final acl.gov. Submit written comments on monitoring program operations and notice, we approve TJC as a national the collection of information to Michele outcomes. ACL/AoA proposes to use the accreditation organization for hospitals Boutaugh, U.S. Administration on following tools: (1) Semi-annual that request participation in the Aging, 61 Forsyth Street SW., Suite performance reports to monitor grantee Medicare program, effective July 15, 5M69, Atlanta, GA 30303–8909. progress; (2) a Host Organization Data 2014 through July 15, 2020. FOR FURTHER INFORMATION CONTACT: form to record location of agencies To verify TJC’s continued compliance Michele Boutaugh, 404–987–3411 or which sponsor programs which will with the provisions of this final notice, [email protected]. allow mapping of the delivery we will conduct a follow-up corporate SUPPLEMENTARY INFORMATION: Under the infrastructure; and (3) a set of tools used on-site visit and survey observation PRA (44 U.S.C. 3501–3520), Federal to collect information at each program within 18 months of the date of agencies must obtain approval from the completed by the program leaders publication of this notice. Office of Management and Budget (Program Information Cover Sheet and V. Collection of Information (OMB) for each collection of Attendance Log) and a Participant Requirements information they conduct or sponsor. Information Form and Post Program ‘‘Collection of information’’ is defined Survey completed by each participant. This document does not impose in 44 U.S.C. 3502(3) and 5 CFR The Participant Information Form information collection and 1320.3(c) and includes agency request documents participants’ demographic recordkeeping requirements. or requirements that members of the and health characteristics, including Consequently, it need not be reviewed public submit reports, keep records, or age, gender, race/ethnicity, types of by the Office of Management and provide information to a third party. chronic conditions, disability status, Budget under the authority of the Section 3506(c)(2)(A) of the PRA (44 and education level. It also assesses Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)) requires Federal some key outcome variables, which will U.S.C. 35). agencies to provide a 60-day notice in be re-assessed in the Post Program Dated: June 16, 2014. the Federal Register concerning each survey, including falls self-efficacy, falls Marilyn Tavenner, proposed collection of information, and injury rates, fear of falling, and Administrator, Centers for Medicare & including each proposed extension of an interference with social activities. ACL/ Medicaid Services. existing collection of information, AoA intends to use an online data entry [FR Doc. 2014–15103 Filed 6–26–14; 8:45 am] before submitting the collection to OMB system for the program and participant BILLING CODE 4120–01–P for approval. To comply with this survey data.

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The proposed Falls Prevention Data www.acl.gov/NewsRoom/NewsInfo/ Americans about available Federal and Collection Tools can be found at ACL’s docs/FFR-ACL-AoA-TitleIII- State benefits. ACL seeks plans from Web site at: http://www.aoa.gov/ Supplemental_SF-425.pdf. The states that will describe how the MIPPA AoARoot/AoA_Programs/Tools_ information will be used for Federal funds will be used for beneficiary Resources/collection_tools.aspx. ACL/ oversight of Title III projects. ACL outreach and education over the next AoA estimates the burden of this estimates the burden of this collection three years. collection of information as 240 hours of information as follows: 56 State Units ACL requests that states submit a for project staff, 405 hours for local on Aging (SUA) respond semiannually three year state plan with specific agency staff, and 1,000 hours for which should be an average burden of project strategies to expand, extend, or individuals. Total burden is 1,645 hours 2 hours per grantee for a total of 112 enhance the outreach efforts to per year. hours per submission. beneficiaries on Medicare Part D and for those with limited incomes. States Dated: June 20, 2014. Dated: June 20, 2014. should describe how the SHIP, AAA, Kathy Greenlee, Kathy Greenlee, and ADRC efforts will be coordinated to Administrator and Assistant Secretary for Administrator and Assistant Secretary for provide outreach to beneficiaries with Aging. Aging. limited incomes statewide, for general [FR Doc. 2014–15141 Filed 6–26–14; 8:45 am] [FR Doc. 2014–15144 Filed 6–26–14; 8:45 am] Medicare Part D outreach and assistance BILLING CODE 4154–01–P BILLING CODE 4154–01–P to beneficiaries in rural areas, and for outreach activities aimed at Medicare prevention and wellness benefits as well DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND as the improvements in the Part D HUMAN SERVICES HUMAN SERVICES program under the Affordable Care Act as mandated by Section 3306 of the Act. Administration for Community Living Administration on Community Living States are asked to review their 2013 Agency Information Collection Availability of Program Instructions for MIPPA plans and update these plans to Activities; Proposed Collection; MIPPA Funds Program Title: Medicare reflect successes achieved to date and Comment Request; Reinstatement Improvements for Patients and direct their efforts to enhance and With Changes to Title III Supplemental Providers Act: State Plans for expand their MIPPA outreach activities. Form to the Financial Status Report Medicare Savings Program, Low State agencies may prepare either one Income Subsidy & Prescription Drug statewide plan or separate plans for AGENCY: Administration for Community Enrollment Outreach and Assistance each eligible State agency. Living, HHS. II. Award Information ACTION: Notice. Announcement Type: Initial. Funding Opportunity Number: AOA– 1. Funding Instrument Type SUMMARY: The Administration for MI–14–001 These awards will be made in the Community Living (ACL) is announcing Statutory Authority: The Medicare form of grants to State Agencies for each the proposed collection of information Improvements for Patients and MIPPA Priority Area. listed below has been submitted to the Providers Act of 2008—Section 119, Priority Area 1—Grants to State Office of Management and Budget Public Law (PL) 110–275 as amended by Agencies (the State Unit on Aging or the (OMB) for review and clearance under the Patient Protection and Affordable State Department of Insurance) that the Paperwork Reduction Act of 1995. Care Act of 2010 (Affordable Care Act), administer the State Health Insurance DATES: Submit written comments on the reauthorized by the American Taxpayer Assistance Programs to provide collection of information by July 28, Relief Act of 2012 (ATRA) and enhanced outreach to eligible Medicare 2014. reauthorized by section 110 of the beneficiaries regarding their benefits ADDRESSES: Submit written comments Protecting Access to Medicare Act of and enhanced outreach to individuals on the collection of information by fax 2014. who may be eligible for the LIS or for 202.395.5806 or by email to OIRA_ Catalog of Federal Domestic Assistance the MSP. [email protected], Attn: OMB (CFDA) Number: 93.071. Priority Area 2—Grants to State Units Desk Officer for ACL. on Aging for AAAs to provide enhanced DATES: The deadline date for the outreach to eligible Medicare FOR FURTHER INFORMATION CONTACT: submission of MIPPA state plans is beneficiaries regarding their benefits Alice Kelsey, 312–938–9860. 11:59PM EST 08/04/2014. and enhanced outreach to individuals SUPPLEMENTARY INFORMATION: In I. Funding Opportunity Description who may be eligible for the LIS, MSP, compliance with 44 U.S.C. 3507, ACL Medicare Part D and Part D in rural has submitted the following proposed The purpose of the funding is to areas. collection of information to OMB for enhance efforts through statewide and Priority Area 3—Grants to State Units review and clearance. The supplemental local coalition building focused on on Aging that administer the Aging and form to the financial status report for all intensified outreach activities to help Disability Resource Centers to provide ACL/AoA Title III grantees provides an beneficiaries likely to be eligible for the outreach to individuals regarding the understanding of how projects funded Low Income Subsidy program (LIS), benefits available under Medicare Part D by the Older Americans Act are being Medicare Savings Program (MSP), and under the MSP. Funds will be administered by grantees, in Medicare Prescription Drug Coverage allocated to ADRCs via a formula conformance with legislative (Part D) and in assisting beneficiaries in patterned after the statutory formula requirements, pertinent Federal applying for benefits. ACL will provide used for SHIPs and AAAs. regulations and other applicable funding to State Health Insurance instructions and guidelines issued by Assistance Programs (SHIPs), Area 2. Anticipated Total Priority Area the Administration for Community Agencies on Aging (AAAs), and Aging Funding per Budget Period Living (ACL). A template may be found and Disability Resource Center ACL intends to make available, under on the ACL Web site at: http:// programs (ADRCs), to inform older this program announcement, grant

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awards for the three MIPPA priority application kit will be available on the information collection is available on areas. Funding will be distributed site. the Internet at http://www.reginfo.gov/ through a formula as identified in public/do/PRAMain. 2. Submission Dates and Times statute. The amounts allocated are based Dated: June 23, 2014. upon factors defined in statute and will To receive consideration, applications be distributed to each priority area must be submitted by 11:59 p.m. Eastern Leslie Kux, based on the formula. ACL will fund time on August 4, 2014. Assistant Commissioner for Policy. total project periods of up to three (3) VII. Agency Contacts [FR Doc. 2014–15036 Filed 6–26–14; 8:45 am] years contingent upon availability of BILLING CODE 4164–01–P federal funds. Direct inquiries regarding Priority Area 1—SHIP: $7.5 million in programmatic issues to U.S. Department FY 14 for state agencies that administer of Health and Human Services, DEPARTMENT OF HEALTH AND the SHIP Program. Administration on Aging, Office of HUMAN SERVICES Priority Area 2—AAA: $7.5 million in Supportive and Caregiver Services, FY 14 for SUAs for Area Agencies on Washington, DC 20201, attention: Food and Drug Administration Aging and for Native American Katherine Glendening or by calling 202– programs. Funding for Native American 357–3859, or by email [Docket No. FDA–2011–N–0179] Programs ($264,000) is deducted from [email protected]. Priority 2 and is being allocated through Dated: June 24, 2014. Agency Information Collection a separate process. Kathy Greenlee, Activities; Announcement of Office of Priority Area 3—ADRC: $5 million in Administrator and Administration on Aging. Management and Budget Approval; FY 2014 for state agencies that [FR Doc. 2014–15149 Filed 6–26–14; 8:45 am] Prior Notice of Imported Food Under administer ADRC programs that were the Public Health Security and BILLING CODE 4154–01–P established prior to March 2014. Bioterrorism Preparedness and III. Eligibility Criteria and Other Response Act of 2002 Requirements DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY: Food and Drug Administration, 1. Eligible Applicants HHS. Food and Drug Administration MIPPA Priority Areas 1, 2 and 3: ACTION: Notice. Awards made under this [Docket No. FDA–2013–N–1155] announcement, by statute, will be made SUMMARY: The Food and Drug only to agencies of State Governments. Agency Information Collection Administration (FDA) is announcing Priority Area 1: Only existing SHIP Activities; Announcement of Office of that a collection of information entitled grant recipients are eligible to apply. Management and Budget Approval; ‘‘Prior Notice of Imported Food Under Priority Area 2: Only State Units on Food Labeling Regulations the Public Health Security and Aging are eligible to apply. Bioterrorism Preparedness and Priority Area 3: Only State Agencies AGENCY: Food and Drug Administration, Response Act of 2002’’ has been that received an ACL and CMS Aging HHS. approved by the Office of Management and Disability Resource Center (ADRC) ACTION: Notice. and Budget (OMB) under the Paperwork grant where the ADRC was established SUMMARY: The Food and Drug Reduction Act of 1995. by March, 2014 are eligible in FY 2014. Administration (FDA) is announcing Eligibility may change if future funding FOR FURTHER INFORMATION CONTACT: that a collection of information entitled FDA is available. ‘‘Food Labeling Regulations’’ has been PRA Staff, Office of Operations, Food 2. Cost Sharing or Matching approved by the Office of Management and Drug Administration, 8455 Colesville Rd., COLE–14526, Silver Cost Sharing does not apply. and Budget (OMB) under the Paperwork Reduction Act of 1995. Spring, MD 20993–0002, PRAStaff@ fda.hhs.gov. 3. DUNS Number FOR FURTHER INFORMATION CONTACT: FDA All grant applicants must obtain and PRA Staff, Office of Operations, Food SUPPLEMENTARY INFORMATION: On keep current a D–U–N–S number from and Drug Administration, 8455 December 13, 2013, the Agency Dun and Bradstreet. It is a nine-digit Colesville Rd., COLE–14526, Silver submitted a proposed collection of identification number, which provides Spring, MD 20993–0002, PRAStaff@ information entitled ‘‘Prior Notice of unique identifiers of single business fda.hhs.gov. Imported Food Under the Public Health entities. The D–U–N–S number can be SUPPLEMENTARY INFORMATION: On Security and Bioterrorism Preparedness obtained from: https://iupdate.dnb.com/ December 31, 2013, the Agency and Response Act of 2002’’ to OMB for iUpdate/viewiUpdateHome.htm. submitted a proposed collection of review and clearance under 44 U.S.C. 4. Intergovernmental Review information entitled ‘‘Food Labeling 3507. An Agency may not conduct or Regulations’’ to OMB for review and sponsor, and a person is not required to Executive Order 12372, clearance under 44 U.S.C. 3507. An respond to, a collection of information Intergovernmental Review of Federal Agency may not conduct or sponsor, unless it displays a currently valid OMB Programs, is not applicable to these and a person is not required to respond control number. OMB has now grant applications. to, a collection of information unless it approved the information collection and IV. Submission Information displays a currently valid OMB control has assigned OMB control number number. OMB has now approved the 0910–0520. The approval expires on 1. Application Kits information collection and has assigned June 30, 2017. A copy of the supporting Application kits/Program Instructions OMB control number 0910–0381. The statement for this information collection are available at www.grantsolutions.gov. approval expires on June 30, 2017. A is available on the Internet at http:// Instructions for completing the copy of the supporting statement for this www.reginfo.gov/public/do/PRAMain.

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Dated: June 23, 2014. SUPPLEMENTARY INFORMATION: satisfies the requirements of the Leslie Kux, applicable statutes and regulations. I. Background Assistant Commissioner for Policy. III. Paperwork Reduction Act of 1995 [FR Doc. 2014–15034 Filed 6–26–14; 8:45 am] FDA is announcing the availability of This draft guidance refers to BILLING CODE 4164–01–P a draft guidance for industry (GFI #220) entitled ‘‘Use of Nanomaterials in Food previously approved collections of for Animals.’’ This draft guidance information found in FDA regulations. DEPARTMENT OF HEALTH AND applies to food ingredients that are These collections of information are HUMAN SERVICES intended for use in food for animals and subject to review by the Office of either: (1) Consist entirely of Management and Budget (OMB) under Food and Drug Administration nanomaterials, (2) contain the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The collections [Docket No. FDA–2013–D–1009] nanomaterials as a component, or (3) otherwise involve the application of of information in 21 CFR 571.1 and Draft Guidance for Industry on Use of nanotechnology. 571.6 have been approved under OMB Nanomaterials in Food for Animals; This guidance is not applicable to control number 0910–0546; the Availability other products regulated by FDA, collections of information in 21 CFR including food substances intended for 70.25, 71.1, 170.35, 171.1, 21 CFR parts AGENCY: Food and Drug Administration, use in food for humans. This guidance 172, 173, 179, and 180, and in Form HHS. also does not apply to food contact FDA 3503, have been approved under ACTION: Notice. substances or color additives intended OMB control number 0910–0016. SUMMARY: The Food and Drug for use in food for animals or food for IV. Comments humans. Administration (FDA) is announcing the Interested persons may submit either Medicated feed contains new animal availability of a draft guidance for electronic comments regarding this drugs approved for use in or on animal industry (GFI #220) entitled ‘‘Use of document to http://www.regulations.gov food. This guidance does not apply to a Nanomaterials in Food for Animals.’’ or written comments to the Division of nanomaterial form of a new animal drug The draft guidance describes FDA’s Dockets Management (see ADDRESSES). It or drug component (e.g., drug carrier) in current thinking regarding the use of is only necessary to send one set of medicated feed. However, it does apply nanomaterials or the application of comments. Identify comments with the to nanomaterial animal food ingredients nanotechnology in food for animals. It is docket number found in brackets in the in medicated feed. intended to assist industry and other heading of this document. Received stakeholders in identifying potential This guidance is not intended to bring comments may be seen in the Division issues related to safety or regulatory into question the regulatory status of of Dockets Management between 9 a.m. status of food for animals containing animal food ingredients that naturally and 4 p.m., Monday through Friday, and nanomaterials or otherwise involving exist in the nanoscale range or that will be posted to the docket at http:// the application of nanotechnology. contain incidental amounts of particles www.regulations.gov. DATES: Although you can comment on in the nanoscale range, and that have any guidance at any time (see 21 CFR already been determined to be generally V. Electronic Access 10.115(g)(5)), to ensure that the Agency recognized as safe or approved in Persons with access to the Internet considers your comment on this draft response to a food additive petition. may obtain the draft guidance at either guidance before it begins work on the A notice announcing the availability http://www.fda.gov/AnimalVeterinary/ final version of the guidance, submit of another draft guidance (GFI #221) GuidanceComplianceEnforcement/ either electronic or written comments entitled ‘‘Recommendations for GuidanceforIndustry/default.htm or on the draft guidance by September 10, Preparation and Submission of Animal http://www.regulations.gov. 2014. Food Additive Petitions’’ was published Dated: June 23, 2014. ADDRESSES: Submit written requests for in the Federal Register on September Leslie Kux, single copies of the guidance to the 11, 2013 (78 FR 55727). GFI #221, when Communications Staff (HFV–12), Center finalized, would provide information Assistant Commissioner for Policy. for Veterinary Medicine, Food and Drug regarding the submission of food [FR Doc. 2014–15030 Filed 6–26–14; 8:45 am] Administration, 7519 Standish Pl., additive petitions (FAPs) for animal BILLING CODE 4164–01–P Rockville, MD 20855. Send one self- food additives. This draft guidance (GFI addressed adhesive label to assist that #220) would provide additional office in processing your requests. See information that would be useful when DEPARTMENT OF HEALTH AND the SUPPLEMENTARY INFORMATION section submitting FAPs for nanomaterial HUMAN SERVICES for electronic access to the draft animal food additives and would Food and Drug Administration guidance document. supplement the information provided in Submit electronic comments on the GFI #221. [Docket No. FDA–2013–D–0636] draft guidance to http:// www.regulations.gov. Submit written II. Significance of Guidance Global Unique Device Identification comments to the Division of Dockets This level 1 draft guidance is being Database; Guidance for Industry and Management (HFA–305), Food and Drug issued consistent with FDA’s good Food and Drug Administration Staff; Administration, 5630 Fishers Lane, Rm. guidance practices regulation (21 CFR Availability 1061, Rockville, MD 20852. 10.115). The draft guidance, when AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: finalized, will represent the Agency’s HHS. Dragan Momcilovic, Center for current thinking on this topic. It does ACTION: Notice. Veterinary Medicine (HFV–226), Food not create or confer any rights for or on and Drug Administration, 7519 Standish any person and does not operate to bind SUMMARY: The Food and Drug Pl., Rockville, MD 20855, 240–453– FDA or the public. An alternative Administration (FDA) is announcing the 6856, [email protected]. approach may be used if such approach availability of the guidance entitled

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‘‘Global Unique Device Identification Administration, 10903 New Hampshire FDA is now, in a single document, Database (GUDID): Guidance for Ave., Bldg. 66, rm. 3303, Silver Spring, finalizing all sections of the draft Industry and Food and Drug MD 20993–0002, 301–796–5995, email: guidance. The finalized guidance Administration Staff.’’ This guidance [email protected]. includes, with minor modifications, the finalizes, as a single document, all For information concerning the previously released information on how sections of, ‘‘Global Unique Device guidance as it relates to devices device labelers will interface with the Identification (GUDID): Draft Guidance regulated by CBER: Stephen Ripley, GUDID, establish GUDID accounts, and for Industry.’’ The guidance includes, Center for Biologics Evaluation and begin initial submissions. The principal with minor modifications, the Research, Food and Drug modifications include reformatting previously finalized sections on how Administration, 10903 New Hampshire changes to rearrange sections from 3.2. device labelers will interface with the Ave., Bldg. 71, rm. 7301, Silver Spring, to 3.1 to improve the document flow, GUDID, establish GUDID accounts and MD 20993–0002, 240–402–7911. adding a paragraph in section 2 in begin initial submissions. The guidance SUPPLEMENTARY INFORMATION: response to an industry comment, and also finalizes the sections on the Device adding a paragraph in section 4 that had I. Background Identifier (DI) record, Health Level 7 been inadvertently omitted in the Structured Product Labeling (HL7 SPL) Section 226 of the Food and Drug document released on June 11, 2014. In submission, search/retrieval of devices Administration Amendments Act of addition, this guidance finalizes information, and GUDID submissions 2007 (Pub. L. 110–85) and section 614 sections in the draft guidance on the DI and maintaining and submitting of the Food and Drug Administration record, HL7 SPL submission, search/ electronic records. The guidance also Safety and Innovation Act (Pub. L. 112– retrieval of devices information, and finalizes Appendix A—GUDID Package 144) amended the Federal Food, Drug, GUDID submissions and 21 CFR part 11 Information Examples. and Cosmetic Act to add section 519(f) requirements. We also are finalizing DATES: Submit either electronic or (21 U.S.C. 360i(f)), which directs FDA to Appendix A—GUDID Package written comments on this guidance at issue regulations establishing a unique Information Examples. This guidance any time. General comments on Agency device identification (UDI) system for supersedes the June 11, 2014, guidance guidance documents are welcome at any medical devices along with entitled ‘‘Global Unique Device time. implementation timeframes for certain Identification Database (GUDID): medical devices. The UDI system final Guidance for Industry.’’ ADDRESSES: An electronic copy of the rule was published on September 24, Elsewhere, we continue to make guidance document is available for 2013 (78 FR 58786). available on the Internet at the FDA/UDI download from the Internet. See the In developing the final rule, FDA Web site (http://www.fda.gov/udi) SUPPLEMENTARY INFORMATION section for solicited and considered input from a updated versions of two appendices of information on electronic access to the variety of stakeholders including the draft guidance: The section formerly guidance. Submit written requests for a manufacturers, global regulatory bodies, identified as ‘‘Appendix B’’ which single hard copy of the guidance the clinical community, and patient summarizes the device attribute document entitled ‘‘Global Unique advocates to ensure that as many information that will populate the Device Identification Database (GUDID): perspectives as possible were GUDID, renamed as ‘‘GUDID Data Guidance for Industry and Food and incorporated. The GUDID is a critical Elements Reference Table’’ and the Drug Administration Staff’’ to the Office component of the UDI System. The UDI section formerly identified as of the Center Director, Guidance and assigned to each device is a globally ‘‘Appendix C’’ which summarizes the Policy Development, Center for Devices unique, yet unintelligent code UDI formats accepted by the issuing and Radiological Health (CDRH), Food identifying the device, and is composed Agencies that FDA has accredited to and Drug Administration, 10903 New of the static DI portion and the dynamic date, renamed as ‘‘UDI Formats by FDA- Hampshire Ave., Bldg. 66, rm. 5431, production identifier. The GUDID will Accredited Issuing Agency.’’ These two Silver Spring, MD 20993–0002 or to the house the DI, along with key descriptive documents contain technical Office of Communication, Outreach and or ‘‘attribute’’ information about the specifications and will not be published Development, Center for Biologics device, which is reported and updated as a part of this guidance that describes Evaluation and Research (CBER), Bldg. to the GUDID by the device labeler. the Agency’s interpretation of or policy 71, rm. 3128, 10903 New Hampshire Being unique for each device, the DI on a regulatory issue. For those without Ave., Silver Spring, MD 20993–0002. component of the UDI can be effectively Internet access or who otherwise would Send one self-addressed adhesive label used by stakeholders to access the like to receive a hard copy of the to the office from which you are GUDID attribute information for that currently updated version of either of ordering to assist in processing your device. these documents, formerly published as request. On September 24, 2013 (78 FR 58545), Appendix B and Appendix C of the Submit electronic comments on the FDA released a document titled ‘‘Global draft guidance, should call the people guidance to http://www.regulations.gov. Unique Device Identification (GUDID): listed under FOR FURTHER INFORMATION Submit written comments to the Draft Guidance for Industry’’ (the draft CONTACT to request the document(s). Division of Dockets Management (HFA– guidance). During the 60-day comment 305), Food and Drug Administration, period, which ended on November 25, II. Significance of Guidance 5630 Fishers Lane, rm. 1061, Rockville, 2013, more than 300 comments were This guidance is being issued MD 20852. Identify comments with the received from 21 entities. In order to consistent with FDA’s good guidance docket number found in brackets in the finalize the sections with the most practices regulation (21 CFR 10.115). heading of this document. questions from GUDID submitters, FDA The guidance represents the Agency’s FOR FURTHER INFORMATION CONTACT: For released the first part of this finalized current thinking about the GUDID. It information concerning the guidance as guidance on June 11, 2014 (79 FR does not create or confer any rights for it relates to devices regulated by CDRH: 33568), providing general information to or on any person and does not operate Indira Konduri, UDI Regulatory Policy labelers to enable them to obtain a to bind FDA or the public. An Support, Center for Devices and GUDID account and begin initial alternative approach for interfacing with Radiological Health, Food and Drug submissions to the GUDID. the GUIDID may be used with prior FDA

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approval if such approach satisfies the document to http://www.regulations.gov 5630 Fishers Lane, rm. 1061, Rockville, technical requirements of the GUDID or written comments to the Division of MD 20852. and the requirements of the applicable Dockets Management (see ADDRESSES). It FOR FURTHER INFORMATION CONTACT: statute and regulations. If you wish to is only necessary to send one set of Kapal Dewan, Center for Food Safety use an alternative approach for comments. Identify comments with the and Applied Nutrition (HFS–125), Food submitting a specific required data docket number found in brackets in the and Drug Administration, 5100 Paint element, you may request FDA approval heading of this document. Received Branch Pkwy., College Park, MD 20740, by email or writing to: UDI Regulatory comments may be seen in the Division 240–402–1130. Policy Support, Center for Devices and of Dockets Management between 9 a.m. SUPPLEMENTARY INFORMATION: Radiological Health, Food and Drug and 4 p.m., Monday through Friday, and Administration, Bldg. 66, Rm. 3303, will be posted to the docket at http:// I. Background 10903 New Hampshire Ave., Silver www.regulations.gov. We are announcing the availability of Spring, MD 20993–0002, email: udi@ Dated: June 23, 2014. a guidance for industry entitled fda.hhs.gov (Attention: UDI Regulatory Leslie Kux, ‘‘Guidance for Industry: Safety of Policy Support). If a labeler has a waiver Nanomaterials in Cosmetic Products.’’ from electronic submission of GUDID Assistant Commissioner for Policy. This guidance is being issued consistent data under 21 CFR 830.320(c), the [FR Doc. 2014–15020 Filed 6–26–14; 8:45 am] with our good guidance practices labeler should send a letter containing BILLING CODE 4164–01–P regulation (21 CFR 10.115). The all of the information otherwise guidance represents our current required by this guidance, as well as any thinking on this topic. It does not create permitted ancillary information that the DEPARTMENT OF HEALTH AND or confer any rights for or on any person labeler wishes to submit, within the HUMAN SERVICES and does not operate to bind FDA or the time permitted to: UDI Regulatory Food and Drug Administration public. An alternative approach may be Policy Support at the address indicated used if such approach satisfies the in the previous sentence. See 21 CFR requirements of the applicable statutes 830.320(c)(3). [Docket No. FDA–2011–D–0489] and regulations. III. Electronic Access Guidance for Industry: Safety of In the Federal Register of April 25, Persons interested in obtaining a copy Nanomaterials in Cosmetic Products; 2012 (77 FR 24722), we made available of the guidance may do so by Availability a draft guidance entitled ‘‘Guidance for Industry: Safety of Nanomaterials in downloading an electronic copy from AGENCY: Food and Drug Administration, Cosmetic Products’’ and gave interested the Internet. A search capability for all HHS. CDRH guidance documents is available parties an opportunity to submit ACTION: Notice. at http://www.fda.gov/MedicalDevices/ comments by July 24, 2012, for us to consider before beginning work on the DeviceRegulationandGuidance/ SUMMARY: The Food and Drug final version of the guidance. We GuidanceDocuments/default.htm. Administration (FDA or we) is received several comments on the draft Guidance documents are also available announcing the availability of a guidance and have modified the final at http://www.fda.gov/BiologicsBlood guidance for industry entitled guidance where appropriate. Changes to Vaccines/GuidanceCompliance ‘‘Guidance for Industry: Safety of the guidance include: RegulatoryInformation/default.htm, or Nanomaterials in Cosmetic Products.’’ • The addition of several references, at http://www.regulations.gov. Persons The guidance represents our current such as references pertaining to unable to download an electronic copy thinking on the safety assessment of analytical techniques for measuring of ‘‘Global Unique Device Identification nanomaterials in cosmetic products. physicochemical properties of Database (GUDID): Guidance for This guidance is intended to help nanomaterials; Industry’’ may send an email request to industry identify the potential safety • Revised text concerning potential [email protected] to receive issues of nanomaterials in cosmetic differences between nanomaterials and an electronic copy of the document. products and develop a framework for their larger-scale counterparts with the Please use the document number 1831 evaluating them. same chemical composition. For to identify the guidance you are DATES: Submit either electronic or requesting. example, the guidance discusses how written comments on FDA guidances at the small particle size of a nanomaterial IV. Paperwork Reduction Act of 1995 any time. has the potential to alter biodistribution This guidance refers to previously ADDRESSES: Submit written requests for and bioavailability; approved collections of information single copies of the guidance to the • New text concerning thorough described in FDA regulations. These Office of Cosmetics and Colors, Center characterization of nanomaterials; and collections of information are subject to for Food Safety and Applied Nutrition • Revised text concerning toxicology review by the Office of Management and (HFS–125), Food and Drug considerations and toxicological testing. Budget (OMB) under the Paperwork Administration, 5100 Paint Branch In addition, we made editorial Reduction Act of 1995 (44 U.S.C. 3501– Pkwy., College Park, MD 20740. Send changes to improve clarity. 3520). The collection of information in two self-addressed adhesive labels to The guidance announced in this 21 CFR part 830 pertaining to GUDID assist that office in processing your notice finalizes the draft guidance dated labeler accounts and data submissions request. See the SUPPLEMENTARY April 2012. INFORMATION section for electronic addressed in this guidance document II. Comments have been approved under OMB control access to the guidance. number 0910–0720. Submit electronic comments on the Interested persons may submit either guidance to http://www.regulations.gov. electronic comments regarding the V. Comments Submit written comments to the guidance to http://www.regulations.gov Interested persons may submit either Division of Dockets Management (HFA– or written comments to the Division of electronic comments regarding this 305), Food and Drug Administration, Dockets Management (see ADDRESSES). It

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is only necessary to send one set of DATES: Submit either electronic or food substance, or warrant a new comments. Identify comments with the written comments on FDA guidances at regulatory submission to FDA. docket number found in brackets in the any time. In the Federal Register of April 25, heading of this document. Received ADDRESSES: Submit written requests for 2012 (77 FR 24722), we made available comments may be seen in the Division single copies of the guidance entitled a draft guidance entitled ‘‘Draft of Dockets Management between 9 a.m. ‘‘Guidance for Industry: Assessing the Guidance for Industry: Assessing the and 4 p.m., Monday through Friday, and Effects of Significant Manufacturing Effects of Significant Manufacturing will be posted to the docket at http:// Process Changes, Including Emerging Process Changes, Including Emerging www.regulations.gov. Technologies, on the Safety and Technologies, on the Safety and Regulatory Status of Food Ingredients III. Electronic Access Regulatory Status of Food Ingredients and Food Contact Substances, Including and Food Contact Substances, Including Persons with access to the Internet Food Ingredients that are Color Food Ingredients that are Color may obtain the guidance at either Additives’’ to the Office of Food Additives’’ and gave interested parties http://www.fda.gov/CosmeticGuidances Additive Safety (HFS–200), Center for an opportunity to submit comments by or http://www.regulations.gov. Use the Food Safety and Applied Nutrition, July 24, 2012, for us to consider before FDA Web site listed in the previous Food and Drug Administration, 5100 beginning work on the final version of sentence to find the most current Paint Branch Pkwy, College Park, MD the guidance. We received several version of the guidance. 20740. Send two self-addressed comments on the draft guidance and Dated: June 23, 2014. adhesive labels to assist that office in have modified the final guidance where appropriate. The guidance announced Leslie Kux, processing your requests. See the SUPPLEMENTARY INFORMATION section for in this notice finalizes the draft Assistant Commissioner for Policy. guidance dated April 2012. [FR Doc. 2014–15032 Filed 6–26–14; 8:45 am] electronic access to the guidance. Submit electronic comments on the II. Paperwork Reduction Act of 1995 BILLING CODE 4164–01–P guidance to http://www.regulations.gov. This guidance refers to previously Submit written comments to the approved collections of information. Division of Dockets Management (HFA– DEPARTMENT OF HEALTH AND These collections of information are 305), Food and Drug Administration, HUMAN SERVICES subject to review by the Office of 5630 Fishers Lane, Rm. 1061, Rockville, Management and Budget (OMB) under MD 20852. Food and Drug Administration the Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: [Docket No. FDA–2011–D–0490] (44 U.S.C. 3501–3520). The collections Teresa Croce, Center for Food and of information in §§ 170.101, 170.106, Guidance for Industry: Assessing the Applied Nutrition (HFS–265), Food and and 171.1 have been approved under Effects of Significant Manufacturing Drug Administration, 5100 Paint Branch OMB control number 0910–0495; the Process Changes, Including Emerging Pkwy., College Park, MD 20740, 240– collections of information in §§ 70.25, Technologies, on the Safety and 402–1281. 71.1, 170.35, and 171.1 have been Regulatory Status of Food Ingredients SUPPLEMENTARY INFORMATION: approved under OMB control number and Food Contact Substances, I. Background 0910–0016; the collections of Including Food Ingredients That Are information in § 170.39 have been Color Additives; Availability We are announcing the availability of approved under OMB control number a guidance entitled ‘‘Guidance for 0910–0298; and the collections of AGENCY: Food and Drug Administration, Industry: Assessing the Effects of information in proposed § 170.36 (62 FR HHS. Significant Manufacturing Process 18938, April 17, 1997) has been ACTION: Notice. Changes, Including Emerging approved under OMB control number Technologies, on the Safety and 0910–0342. SUMMARY: The Food and Drug Regulatory Status of Food Ingredients Administration (FDA or we) is and Food Contact Substances, Including III. Comments announcing the availability of a Food Ingredients that are Color Interested persons may submit either guidance entitled ‘‘Guidance for Additives.’’ The guidance is being written comments regarding the Industry: Assessing the Effects of issued consistent with our good guidance to the Division of Dockets Significant Manufacturing Process guidance practices regulation (21 CFR Management (see ADDRESSES) or Changes, Including Emerging 10.115). The guidance represents FDA’s electronic comments regarding the Technologies, on the Safety and current thinking on this topic. It does guidance to http://www.regulations.gov. Regulatory Status of Food Ingredients not create or confer any rights for or on It is only necessary to send one set of and Food Contact Substances, Including any person and does not operate to bind comments. Identify comments with the Food Ingredients that are Color FDA or the public. An alternative docket number found in brackets in the Additives.’’ The guidance explains approach may be used if such approach heading of this document. Received FDA’s current thinking on the factors to satisfies the requirements of applicable comments may be seen in the Division be considered when determining statutes and regulations. This guidance of Dockets Management between 9 a.m. whether changes in manufacturing represents FDA’s current thinking on and 4 p.m., Monday through Friday, and process, including the intentional the factors to be considered when will be posted to the docket at http:// reduction in particle size to the determining whether changes in www.regulations.gov. nanoscale, for a food substance already manufacturing process, including the in the market affect the identity of the intentional reduction in particle size to IV. Electronic Access food substance, impact the safety of the the nanoscale, for a food substance Persons with access to the Internet use of the food substance, change the already in the market affect identity of may obtain the document at either regulatory status of the use of the food the food substance, impact the safety of http://www.fda.gov/FoodGuidances or substance, or warrant a new regulatory the use of the food substance, change at http://www.regulations.gov. Use the submission to FDA. the regulatory status of the use of the FDA Web site listed in the previous

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sentence to find the most current processing your requests. See the phenomena. If either point applies to a version of the guidance. SUPPLEMENTARY INFORMATION section for given product, industry and FDA should Dated: June 23, 2014. electronic access to the guidance. consider whether the evaluations of safety, effectiveness, public health Leslie Kux, Submit electronic comments on the guidance to http://www.regulations.gov. impact, or regulatory status of that Assistant Commissioner for Policy. Submit written comments to the product have identified and adequately [FR Doc. 2014–15031 Filed 6–26–14; 8:45 am] Division of Dockets Management (HFA– addressed any unique properties or BILLING CODE 4164–01–P 305), Food and Drug Administration, behaviors of the product. 5630 Fishers Lane, rm. 1061, Rockville, These two Points to Consider are MD 20852. intended to provide an initial screening DEPARTMENT OF HEALTH AND tool that can be broadly applied to all HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Ritu Nalubola, Office of Policy, Office of the FDA-regulated products, with the understanding that these points are Food and Drug Administration Commissioner, Food and Drug Administration, 10903 New Hampshire subject to change in the future as new [Docket No. FDA–2010–D–0530] Ave., Bldg. 32, rm. 4236, Silver Spring, information becomes available. In particular, FDA may further refine these Guidance for Industry: Considering MD 20993–0002, 301–796–4830,email: [email protected]. points, either as applicable broadly to Whether a Food and Drug all FDA-regulated products or as SUPPLEMENTARY INFORMATION: Administration-Regulated Product applicable to particular products or Involves the Application of I. Background classes of products, as justified by Nanotechnology; Availability scientific information. We are announcing the availability of We will consider future revisions to AGENCY: Food and Drug Administration, a guidance entitled ‘‘Guidance for our approach, including developing HHS. Industry: Considering Whether an FDA- regulatory definitions relevant to ACTION: Regulated Product Involves the Notice. nanotechnology, as warranted and in Application of Nanotechnology.’’ keeping with evolving scientific SUMMARY: The Food and Drug This guidance is intended for understanding. FDA may also provide Administration (FDA or we) is manufacturers, suppliers, importers, additional guidance, including product- announcing the availability of a and other stakeholders. It describes specific guidance documents, to address guidance entitled ‘‘Guidance for FDA’s current thinking on determining issues such as the regulatory status, Industry: Considering Whether an FDA- whether FDA-regulated products safety, effectiveness, performance, Regulated Product Involves the involve the application of quality, or public health impact of Application of Nanotechnology.’’ This nanotechnology. In the Federal Register guidance explains FDA’s current nanotechnology products. of June 14, 2011 (76 FR 34715), we We urge industry to consult early thinking on determining whether FDA- made available a draft guidance entitled regulated products involve the with FDA so that any questions related ‘‘Draft Guidance for Industry: to the regulatory status, safety, application of nanotechnology. The Considering Whether an FDA-Regulated guidance identifies two Points to effectiveness, or public health impact of Product Involves the Application of products that involve the application of Consider, which address both particle Nanotechnology’’ and gave interested dimensions and dimension-dependent nanotechnology can be appropriately parties an opportunity to submit and adequately addressed. properties or phenomena. If either point comments by August 15, 2011, for us to applies to a given product, industry and consider before beginning work on the II. Significance of Guidance FDA should consider whether final version of the guidance. We This level 1 guidance is being issued evaluations of safety, effectiveness, received several comments on the draft consistent with FDA’s good guidance public health impact, or regulatory guidance and have modified the final practices regulation (21 CFR 10.115). status of that product have identified guidance, where appropriate. The The guidance represents the Agency’s and adequately addressed any unique guidance announced in this notice current thinking on this topic. It does properties or behaviors of the product. finalizes the draft guidance dated June not create or confer any rights for or on These two Points to Consider are 2011. any person and does not operate to bind intended to provide an initial screening This guidance provides an FDA or the public. You may use an tool that can be broadly applied to all overarching framework for FDA’s alternative approach if such approach FDA-regulated products, with the approach to the regulation of satisfies the requirements of applicable understanding that these points are nanotechnology products. Based on our statutes and regulations. subject to change in the future as new current scientific and technical information becomes available. understanding of nanomaterials and III. Comments DATES: Submit either electronic or their characteristics, FDA believes that Interested persons may submit either written comments on FDA guidances at evaluations of safety, effectiveness, electronic comments regarding the any time. public health impact, or regulatory guidance to http://www.regulations.gov ADDRESSES: Submit written requests for status of nanotechnology products or written comments to the Division of single copies of the guidance entitled should consider any unique properties Dockets Management (see ADDRESSES). It ‘‘Guidance for Industry: Considering and behaviors that the application of is only necessary to send one set of Whether an FDA-Regulated Product nanotechnology may impart. This comments. Identify comments with the Involves the Application of guidance identifies two Points to docket number found in brackets in the Nanotechnology’’ to the Office of Policy, Consider that should be applied when heading of this document. Received Office of the Commissioner, Food and considering whether FDA-regulated comments may be seen in the Division Drug Administration, 10903 New products involve the application of of Dockets Management between 9 a.m. Hampshire Ave., Silver Spring, MD nanotechnology. These Points address and 4 p.m., Monday through Friday, and 20993–0002. Send one self-addressed both particle dimensions and will be posted to the docket at http:// adhesive label to assist that office in dimension-dependent properties or www.regulations.gov.

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IV. Electronic Access generally provide that a patent may be approval phase. These periods of time Persons with access to the Internet extended for a period of up to 5 years were derived from the following dates: 1. The date an exemption under may obtain the guidance at either so long as the patented item (human section 505(i) of the Federal Food, Drug, http://www.fda.gov/ScienceResearch/ drug product, animal drug product, and Cosmetic Act (the FD&C Act) (21 SpecialTopics/Nanotechnology/ medical device, food additive, or color U.S.C. 355(i)) became effective: June 15, default.htm or http:// additive) was subject to regulatory 2005. The applicant claims June 18, www.regulations.gov. Use the FDA Web review by FDA before the item was 2005, as the date the investigational new site listed in the previous sentence to marketed. Under these acts, a product’s regulatory review period forms the basis drug application (IND) became effective. find the most current version of the However, FDA records indicate that the guidance. for determining the amount of extension an applicant may receive. IND effective date was June 15, 2005, Dated: June 23, 2014. A regulatory review period consists of which was the date the applicant was Leslie Kux, two periods of time: A testing phase and informed that they could proceed with Assistant Commissioner for Policy. an approval phase. For human drug their proposed clinical investigations. [FR Doc. 2014–15033 Filed 6–26–14; 8:45 am] products, the testing phase begins when 2. The date the application was initially submitted with respect to the BILLING CODE 4164–01–P the exemption to permit the clinical investigations of the drug becomes human drug product under section effective and runs until the approval 505(b) of the FD&C Act: November 15, DEPARTMENT OF HEALTH AND phase begins. The approval phase starts 2010. FDA has verified the applicant’s HUMAN SERVICES with the initial submission of an claim that the new drug application application to market the human drug (NDA) for VICTRELIS (NDA 202–258) Food and Drug Administration product and continues until FDA grants was submitted on November 15, 2010. 3. The date the application was permission to market the drug product. [Docket No. FDA–2012–E–0038] approved: May 13, 2011. FDA has Although only a portion of a regulatory verified the applicant’s claim that NDA Determination of Regulatory Review review period may count toward the 202–258 was approved on May 13, Period for Purposes of Patent actual amount of extension that the 2011. Extension; VICTRELIS Director of USPTO may award (for This determination of the regulatory example, half the testing phase must be review period establishes the maximum AGENCY: Food and Drug Administration, subtracted as well as any time that may HHS. potential length of a patent extension. have occurred before the patent was However, the USPTO applies several ACTION: Notice. issued), FDA’s determination of the statutory limitations in its calculations length of a regulatory review period for SUMMARY: The Food and Drug of the actual period for patent extension. a human drug product will include all Administration (FDA) has determined In its application for patent extension, of the testing phase and approval phase the regulatory review period for this applicant seeks 1,032 days of patent as specified in 35 U.S.C. 156(g)(1)(B). VICTRELIS and is publishing this notice term extension. FDA has approved for marketing the of that determination as required by Anyone with knowledge that any of human drug product VICTRELIS law. FDA has made the determination the dates as published are incorrect may (boceprevir). VICTRELIS is indicated for because of the submission of an submit to the Division of Dockets treatment of chronic hepatitis C application to the Director of the U.S. Management (see ADDRESSES) either genotype 1 infection, in combination Patent and Trademark Office (USPTO), electronic or written comments and ask with peginterferon alfa and ribavirin in Department of Commerce, for the for a redetermination by August 26, adult patients with compensated liver extension of a patent which claims that 2014. Furthermore, any interested disease, including cirrhosis, who are human drug product. person may petition FDA for a previously untreated or who have failed determination regarding whether the ADDRESSES: Submit electronic previous interferon and ribavirin applicant for extension acted with due comments to http:// therapy. Subsequent to this approval, diligence during the regulatory review www.regulations.gov. Submit written the USPTO received a patent term period by December 24, 2014. To meet petitions (two copies are required) and restoration application for VICTRELIS its burden, the petition must contain written comments to the Division of (U.S. Patent No. RE43298) from sufficient facts to merit an FDA Dockets Management (HFA–305), Food Schering Corporation and Dendreon investigation. (See H. Rept. 857, part 1, and Drug Administration, 5630 Fishers Corporation, and the USPTO requested 98th Cong., 2d sess., pp. 41–42, 1984.) Lane, Rm. 1061, Rockville, MD 20852. FDA’s assistance in determining this Petitions should be in the format Submit petitions electronically to patent’s eligibility for patent term specified in 21 CFR 10.30. http://www.regulations.gov at Docket restoration. In a letter dated July 9, Interested persons may submit to the No. FDA–2013–S–0610. 2012, FDA advised the USPTO that this Division of Dockets Management (see FOR FURTHER INFORMATION CONTACT: human drug product had undergone a ADDRESSES) electronic or written Beverly Friedman, Office of regulatory review period and that the comments and written or electronic Management, Center for Drug approval of VICTRELIS represented the petitions. It is only necessary to send Evaluation and Research, Food and first permitted commercial marketing or one set of comments. Identify comments Drug Administration, 10903 New use of the product. Thereafter, the with the docket number found in Hampshire Ave., Bldg. 51, Rm. 6257, USPTO requested that FDA determine brackets in the heading of this Silver Spring, MD 20993–0002, 301– the product’s regulatory review period. document. If you submit a written 796–7900. FDA has determined that the petition, two copies are required. A SUPPLEMENTARY INFORMATION: The Drug applicable regulatory review period for petition submitted electronically must Price Competition and Patent Term VICTRELIS is 2,160 days. Of this time, be submitted to http:// Restoration Act of 1984 (Pub. L. 98–417) 1,980 days occurred during the testing www.regulations.gov, Docket No. FDA– and the Generic Animal Drug and Patent phase of the regulatory review period, 2013–S–0610. Comments and petitions Term Restoration Act (Pub. L. 100–670) while 180 days occurred during the that have not been made publicly

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available on http://www.regulations.gov ADDRESSES: You may submit comments, information, December 31, 1992 (57 FR may be viewed in the Division of identified by Docket No. FDA–2014–N– 62828 at 62829). Dockets Management between 9 a.m. 0421, by any of the following methods: 3. Certified Retort Operators, HHS/ and 4 p.m., Monday through Friday. FDA/CFSAN, System No. 09–10–0011. Electronic Submissions Dated: June 23, 2014. First published in the Federal Register, Submit electronic comments in the September 29, 1977 (42 FR 51922 at Leslie Kux, following way: 52148); complete text republished Assistant Commissioner for Policy. • Federal eRulemaking Portal: http:// November 24, 1986 (51 FR 42524 at [FR Doc. 2014–15021 Filed 6–26–14; 8:45 am] www.regulations.gov. Follow the 42534); and published as revised with BILLING CODE 4164–01–P instructions for submitting comments. minor changes, December 29, 1993 (58 Written Submissions FR 69056). 4. Epidemiological Research Studies DEPARTMENT OF HEALTH AND Submit written submissions in the of the Center for Devices and HUMAN SERVICES following ways: Radiological Health, HHS/FDA/CDRH, • Mail/Hand delivery/Courier (for System No. 09–10–0017. First published Food and Drug Administration paper submissions): Division of Dockets in the Federal Register, May 29, 1979 Management (HFA–305), Food and Drug (44 FR 30765 at 30766); republished Administration, 5630 Fishers Lane, Rm. [Docket No. FDA–2014–N–0421] with minor changes in December 28, 1061, Rockville, MD 20852. 1994 (59 FR 67087). Privacy Act of 1974; System of Instructions: All submissions received Records Notice must include the Agency name and II. Routine Uses To Be Added to the Docket No. FDA–2014–N–0421 for this FDA Inventory of SORNS AGENCY: Food and Drug Administration, notice. All comments received may be A. New Routine Uses HHS. posted without change to http:// For the reasons described in this ACTION: Notice; changes to systems of www.regulations.gov, including any records notices. personal information provided. For document, FDA is adding the following additional information on submitting routine use disclosures to its SORNs. 1. ‘‘Disclosure may be made to SUMMARY: In accordance with the comments, see the ‘‘Comments’’ heading appropriate Federal agencies and requirements of the Privacy Act of 1974 of the SUPPLEMENTARY INFORMATION Department contractors that have a need (the Privacy Act) and the Food and Drug section of this document. to know the information for the purpose Administration’s (FDA) regulations for Docket: For access to the docket to of assisting the Department’s efforts to the protection of privacy, FDA is read background documents or respond to a suspected or confirmed deleting four system of records notices comments received, go to http:// breach of the security or confidentiality (SORNs) from its existing inventory of www.regulations.gov and insert the of information maintained in this SORNs and adding routine uses to the docket number(s), found in brackets in system of records, and the information remaining SORNs. The systems related the heading of this document, into the disclosed is relevant and necessary for to the SORNs that are being deleted are ‘‘Search’’ box and follow the prompts that assistance.’’ no longer in use by FDA. The additional and/or go to the Division of Dockets The Office of Management and Budget routine uses are for standard disclosures Management, 5630 Fishers Lane, Rm. (OMB) and the Department of Health common to systems across the 1061, Rockville, MD 20852. and Human Services (HHS) have government. They allow disclosure to FOR FURTHER INFORMATION CONTACT: directed agencies to include a routine other Federal Agencies and contractors Frederick Sadler or Cullen Cowley, use providing for disclosure of system as needed to respond to a breach of Division of Freedom of Information, information to facilitate a Federal level system security or confidentiality, to Food and Drug Administration, 12420 response to a breach of system security. contractors or other external individuals Parklawn Dr., Rm. 1050, Rockville, MD In accordance with OMB Memorandum performing work for FDA that requires 20857, 301–796–3900. (M) 07–16, Safeguarding Against and access to Agency records subject to the SUPPLEMENTARY INFORMATION: Responding to the Breach of Personally Privacy Act, to Federal record keeping I. Deleted System of Records Notices Identifiable Information, HHS policy authorities for the purpose of records specifies that all HHS Operating and management oversight, to appropriate FDA is deleting the following SORNs Staff Divisions incorporate this routine public authorities when a record because the record systems are no use language as a part of the normal indicates a potential violation of law, longer in use. SORN review and publication process. and to the U.S. Department of Justice 1. Science Advisor Research Associate The underlying operational reason for (DOJ) for guidance on Freedom of Program, HHS/FDA/ORA, System No. this routine use is that other Federal Information Act issues. FDA will 09–10–0007. First published in the Agencies, HHS officials and contractors, require that all of these recipients Federal Register, September 29, 1977 and FDA contractors may need access to comply with the requirements of the (42 FR 51922 at 52146); complete text individually identifiable information Privacy Act. The added routine uses republished in the Federal Register, that is relevant and necessary for will be inserted in each existing system November 24, 1986 (51 FR 42524 at assisting in the response to a suspected notice and will be included in future 42530). 2. Radiation Protection Program or confirmed breach of the security or FDA SORNs. Personnel Monitoring System, HHS/ confidentiality of information DATES: This notice will be effective on FDA/CDRH, System No. 09–10–0008. maintained in systems of records. June 27, 2014, with the exception of the First published in the Federal Register, Federal law and policy require the new and altered routine uses. Those September 29, 1977 (42 FR 51922 at Agency to maintain appropriate routine uses will become effective on 52147); complete text republished safeguards for the systems, and, August 11, 2014. Submit either November 24, 1986 (51 FR 42524 at individuals whose data is in the systems electronic or written comments by 42531); and published as revised with expect the Agency to maintain the August 11, 2014. updated system location and manager integrity of their information and secure

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it against unauthorized use or or prosecuting such violation, if the 09–10–0020 FDA Records Related to disclosure. The Privacy Act requires information disclosed is relevant to the Research Misconduct Proceedings. that personal information be secured responsibilities of the agency or public Only the fifth routine use listed in against potential misuse by authority.’’ this document will be added to this unauthorized persons (5 U.S.C. When a record in an agency system of SORN. It already contains routine 552a(e)(10)). The Federal Information records by itself or in combination with uses that are the same as or similar Security Management Act of 2002 other records indicates a violation of to the other four. (FISMA), enacted as Title III of the E- law, this routine use allows FDA to 09–10–0021 User Fee System. Only Government Act of 2002 (44 U.S.C. 3541 provide the record to the appropriate the fourth routine use listed in this et seq.), requires that agencies protect law enforcement entity in order to document will be added to this data and information systems from maintain the integrity of the program SORN. It already contains routine unauthorized use, disclosure, and ensure trust in the system. uses that are the same as or similar disruption, modification and 5. ‘‘In the event HHS/FDA deems it to the other four. destruction, in order to preserve data desirable or necessary, in determining integrity, confidentiality, and whether particular records are required III. Comments availability. to be disclosed under the Freedom of Interested persons may submit either 2. ‘‘Disclosure may be made to the Information Act, disclosure may be electronic comments regarding this National Archives and Records made to the Department of Justice for document to http://www.regulations.gov Administration and/or the General the purpose of obtaining its advice.’’ or written comments to the Division of Services Administration for the purpose DOJ is the lead Agency on Federal Dockets Management (see ADDRESSES). It of records management inspections implementation of the Freedom of is only necessary to send one set of conducted under authority of 44 U.S.C. Information Act (FOIA). This routine comments. Identify comments with the 2904 and 2906.’’ use enables FDA to share Privacy Act docket number found in brackets in the This routine use is necessary to records with DOJ to effectively consult heading of this document. Received enable the National Archives and with DOJ regarding the potential comments may be seen in the Division Records Administration (NARA) and/or disclosure of the records under the of Dockets Management between 9 a.m. the General Services Administration FOIA as permitted under the relevant and 4 p.m., Monday through Friday, and (GSA) to carry out records management provision of the Privacy Act, 5 U.S.C. will be posted to the docket at http:// functions. 552a(b)(2). 3. ‘‘Disclosure may be made to www.regulations.gov. contractors and other persons who B. FDA Systems of Records Notices to Dated: June 23, 2014. perform services for the agency related Which New Routine Uses Will Be Added Leslie Kux, to this system of records and who need FDA will add the specified routine Assistant Commissioner for Policy. access to the records to perform those uses to the remaining FDA SORNs that [FR Doc. 2014–15022 Filed 6–26–14; 8:45 am] services. Recipients shall be required to do not already contain the same or BILLING CODE 4164–01–P comply with the requirements of the similar provisions. A list of these Privacy Act of 1974, as amended, 5 SORNs is as follows: U.S.C. 552a.’’ 09–10–0002 Regulated Industry DEPARTMENT OF HEALTH AND Where FDA engages a contractor to Employee Enforcement Records. HUMAN SERVICES carry out a function related to a system 09–10–0003 FDA Credential Holder of records, this routine use permits File. Health Resources and Services disclosure to those individuals who 09–10–0004 Communications (Oral Administration require access to the records in order to and Written) With the Public. perform the contracted work. The 09–10–0005 State Food and Drug Agency Information Collection routine use is necessary to enable FDA Official File. Activities: Proposed Collection: Public to function in an effective and 09–10–0009 Special Studies and Comment Request coordinated fashion. Additionally, OMB Surveys on FDA-Regulated AGENCY: directs agencies to include such a Health Resources and Services Products. Only the first, second, Administration, HHS. routine use for disclosure to contractor fourth, and fifth routine uses personnel (Appendix I to OMB Circular described in this document will be ACTION: Notice. A–130—Federal Agency added to this SORN. It already SUMMARY: In compliance with the Responsibilities for Maintaining contains a routine use covering requirement for opportunity for public Records About Individuals, available at disclosure to contractors who comment on proposed data collection http://www.whitehouse.gov/omb/ perform services for FDA. projects (Section 3506(c)(2)(A) of the circulars_a130_a130trans4). FDA will 09–10–0010 Bioresearch Monitoring Paperwork Reduction Act of 1995), the require that individuals to whom Information System. Only the Health Resources and Services records are disclosed comply with the second, fourth, and fifth routine Administration (HRSA) announces information handling obligations uses described in this document plans to submit an Information imposed on Federal Agencies by the will be added to this SORN. It Collection Request (ICR), described Privacy Act. already contains the routine uses below, to the Office of Management and 4. ‘‘When a record on its face, or in regarding limited disclosure to Budget (OMB). Prior to submitting the conjunction with other records, contractors and other Agencies. indicates a violation or potential 09–10–0013 Employee Conduct ICR to OMB, HRSA seeks comments violation of law, whether civil, criminal, Investigative Records. from the public regarding the burden or regulatory in nature, disclosure may 09–10–0018 Employee Identification estimate, below, or any other aspect of be made to the appropriate public Card Information Records. the ICR. authority, whether federal, foreign, 09–10–0019 Mammography Quality DATES: Comments on this Information state, local, or tribal, or otherwise, Standards Act (MQSA) Training Collection Request must be received no responsible for enforcing, investigating Records. later than August 26, 2014.

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ADDRESSES: Submit your comments to leadership role and its contributions to standalone 5-year Needs Assessment [email protected] or mail the HRSA the state’s public health system in document that the state previously Information Collection Clearance building improved and expanded submitted; (9) Health System Capacity Officer, Room 10–29, Parklawn systems of care for the MCH population. Indicators will be eliminated; (10) Data Building, 5600 Fishers Lane, Rockville, It is recognized that the full extent of the for Health Status Indicators will be MD 20857. anticipated burden reduction will be provided by the MCHB, as available, FOR FURTHER INFORMATION CONTACT: To realized over time as states become rather than collected and reported by request more information on the more familiar with the new instructions the state; and (11) Federal and State proposed project or to obtain a copy of and reporting requirements. The burden Title V Program budget and the data collection plans and draft estimates presented in the table below expenditures will be reported separately instruments, email [email protected] are based on previous burden estimates by the state. and consultations with a few states on or call the HRSA Information Collection Need and Proposed Use of the Clearance Officer at (301) 443–1984. the proposed changes. HRSA plans to solicit additional information from no Information: Each year, all states and SUPPLEMENTARY INFORMATION: When jurisdictions are required to submit an submitting comments or requesting more than nine states to derive more accurate estimates. Application/Annual Report for federal information, please include the funds for their Title V MCH Services information request collection title for Specific changes to this edition of the Title V Maternal and Child Health Block Grant to States Program to reference. HRSA’s MCHB (Section 505(a) of Title Information Collection Request Title: Services Block Grant to States Program: V of the Social Security Act). In Title V Maternal and Child Health Guidance and Forms for the Title V addition, the state/jurisdictional MCH Services Block Grant to States Program: Application/Annual Report include the Block Grant programs are required to Guidance and Forms for the Title V following: conduct a statewide, comprehensive Application/Annual Report OMB No. (1) Narrative reporting will be Needs Assessment every 5 years. The 0915–0172—Revision. organized by six population health Abstract: HRSA is revising the Title V domains (i.e., maternal and women’s information and instructions for the Maternal and Child Health Services health, perinatal health, child health, preparation and submission of this Block Grant to States Program: CSHCN, adolescent health, and life Application/Annual Report are Guidance and Forms for the Title V course); (2) Revised National contained in the Title V Maternal and Application/Annual Report. The Performance Measure (NPM) framework Child Health Services Block Grant to Guidance is used annually by the 50 will be implemented with states States Program: Guidance and Forms for states and nine jurisdictions in applying selecting 8 of 15 NPMs for their the Title V Application/Annual Report. for Block Grants under Title V of the programmatic focus; (3) State-level data Likely Respondents: By legislation Social Security Act and in preparing the for the selected NPMs will be provided (Section 505(a) of Title V of the Social required Annual Report. In partnership by MCHB from national data sources Security Act), the MCH Block Grant with the leadership in State Title V thus reducing burden; (4) For each Application/Annual Report must be Maternal and Child Health (MCH) selected NPM, the state will establish developed by, or in consultation with, programs as well as with other national and report only on a Structural/Process the State MCH Health agency. Measure (S&PM); (5) Revised MCH leaders and stakeholders, HRSA’s Burden Statement: Burden in this Maternal and Child Health Bureau instructions for the State Application/ Annual Report process reflect the need context means the time expended by (MCHB) has been working over the past persons to generate, maintain, retain, year to develop and refine a vision for for state priority needs and national MCH priority areas to drive the state’s disclose or provide the information transforming the MCH Block Grant to requested. This includes the time States Program to better meet current reporting on the 5-year (and ongoing) Needs Assessment findings, the needed to review instructions; to and future challenges facing our develop, acquire, install and utilize nation’s mothers and children, selection of NPMs which target the technology and systems for the purpose including children with special health state-identified priority needs, the of collecting, validating and verifying care needs (CSHCN) and their families. development of evidence-based information, processing and The proposed revisions to the strategies and S&PMs for addressing the maintaining information, and disclosing Application and Annual Reporting selected NPMs, and the establishment of and providing information; to train requirements and to the data forms that State Performance Measures which personnel and to be able to respond to are contained in the revised Guidance respond to the state’s identified unique a collection of information; to search reflect this vision. needs; (6) State Application/Annual The aims of the MCH Block Grant to Report will include a 5-year Action Plan data sources; to complete and review States Program transformation are for addressing the identified MCH the collection of information; and to threefold: (1) Reduce burden to states, priority areas; (7) An Executive transmit or otherwise disclose the (2) maintain state flexibility, and (3) Summary will be included with each information. The total annual burden improve accountability. Revisions to submitted Application/Annual Report; hours estimated for this Information this edition are intended to enable the (8) A 5-year Needs Assessment Collection Request are summarized in state to tell a more cohesive and Summary will be integrated into the the table below. comprehensive Title V story and to State’s Application/Annual Report and Total Estimated Annualized burden better reflect on the program’s will replace the more comprehensive, hours:

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

Application and Annual Report without 5-Year Needs As- sessment ...... 59 1 59 123.0 7,257

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

Application and Annual Report with 5-Year Needs Assess- ment ...... 59 1 59 189.3 11,169 Average Total Annual Burden ...... 59 ...... 59 ...... * 8,561 * (Reflects the average of one Application/Annual Report with Needs Assessment and two Application/Annual Reports without Needs Assessment.)

In fiscal year (FY) 2016, states and FOR FURTHER INFORMATION CONTACT: For under section 2111 the Secretary shall jurisdictions will be submitting an information about requirements for publish notice of such petition in the application and annual report with a 5- filing petitions, and the Program in Federal Register.’’ Set forth below is a year needs assessment for a total general, contact the Clerk, United States list of petitions received by HRSA on estimated burden of 11,169 hours. In FY Court of Federal Claims, 717 Madison May 1, 2014, through May 31, 2014. 2017 and FY 2018, states and Place NW., Washington, DC 20005, This list provides the name of jurisdictions will be submitting an (202) 357–6400. For information on petitioner, city and state of vaccination application and annual report without a HRSA’s role in the Program, contact the (if unknown then city and state of 5-year needs assessment for a total Director, National Vaccine Injury person or attorney filing claim), and estimated burden of 14,514. Compensation Program, 5600 Fishers case number. In cases where the Court HRSA specifically requests comments Lane, Room 11C–26, Rockville, MD has redacted the name of a petitioner on (1) the necessity and utility of the 20857; (301) 443–6593. and/or the case number, the list reflects proposed information collection for the SUPPLEMENTARY INFORMATION: The such redaction. proper performance of the agency’s Program provides a system of no-fault Section 2112(b)(2) also provides that functions, (2) the accuracy of the compensation for certain individuals the special master ‘‘shall afford all estimated burden, (3) ways to enhance who have been injured by specified interested persons an opportunity to the quality, utility, and clarity of the childhood vaccines. Subtitle 2 of Title submit relevant, written information’’ information to be collected, and (4) the XXI of the PHS Act, 42 U.S.C. 300aa– relating to the following: use of automated collection techniques 10 et seq., provides that those seeking 1. The existence of evidence ‘‘that or other forms of information compensation are to file a petition with there is not a preponderance of the technology to minimize the information the U.S. Court of Federal Claims and to evidence that the illness, disability, collection burden. serve a copy of the petition on the injury, condition, or death described in Dated: June 20, 2014. Secretary of Health and Human the petition is due to factors unrelated Jackie Painter, Services, who is named as the to the administration of the vaccine Acting Director, Division of Policy and respondent in each proceeding. The described in the petition,’’ and Information Coordination. Secretary has delegated this 2. Any allegation in a petition that the [FR Doc. 2014–15051 Filed 6–26–14; 8:45 am] responsibility under the Program to petitioner either: BILLING CODE 4165–15–P HRSA. The Court is directed by statute (a) ‘‘Sustained, or had significantly to appoint special masters who take aggravated, any illness, disability, evidence, conduct hearings as injury, or condition not set forth in the DEPARTMENT OF HEALTH AND appropriate, and make initial decisions Vaccine Injury Table but which was HUMAN SERVICES as to eligibility for, and amount of, caused by’’ one of the vaccines referred compensation. to in the Table, or Health Resources and Services A petition may be filed with respect (b) ‘‘Sustained, or had significantly Administration to injuries, disabilities, illnesses, aggravated, any illness, disability, conditions, and deaths resulting from injury, or condition set forth in the National Vaccine Injury Compensation vaccines described in the Vaccine Injury Vaccine Injury Table the first symptom Program; List of Petitions Received Table (the Table) set forth at Section or manifestation of the onset or AGENCY: Health Resources and Services 2114 of the PHS Act or as set forth at significant aggravation of which did not Administration, HHS. 42 CFR 100.3, as applicable. This Table occur within the time period set forth in ACTION: Notice. lists for each covered childhood vaccine the Table but which was caused by a the conditions which may lead to vaccine’’ referred to in the Table. SUMMARY: The Health Resources and compensation and, for each condition, In accordance with Section Services Administration (HRSA) is the time period for occurrence of the 2112(b)(2), all interested persons may publishing this notice of petitions first symptom or manifestation of onset submit written information relevant to received under the National Vaccine or of significant aggravation after the issues described above in the case of Injury Compensation Program (the vaccine administration. Compensation the petitions listed below. Any person Program), as required by Section may also be awarded for conditions not choosing to do so should file an original 2112(b)(2) of the Public Health Service listed in the Table and for conditions and three (3) copies of the information (PHS) Act, as amended. While the that are manifested outside the time with the Clerk of the U.S. Court of Secretary of Health and Human Services periods specified in the Table, but only Federal Claims at the address listed is named as the respondent in all if the petitioner shows that the above (under the heading FOR FURTHER proceedings brought by the filing of condition was caused by one of the INFORMATION CONTACT), with a copy to petitions for compensation under the listed vaccines. HRSA addressed to Director, Division of Program, the United States Court of Section 2112(b)(2) of the PHS Act, 42 Vaccine Injury Compensation Program, Federal Claims is charged by statute U.S.C. 300aa–12(b)(2), requires that Healthcare Systems Bureau, 5600 with responsibility for considering and ‘‘[w]ithin 30 days after the Secretary Fishers Lane, Room 11C–26, Rockville, acting upon the petitions. receives service of any petition filed MD 20857. The Court’s caption

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(Petitioner’s Name v. Secretary of Health Huelsenbeck, Windom, Minnesota, Court Environmental Exposures; 93.142, NIEHS and Human Services) and the docket of Federal Claims No: 14–0439V. Hazardous Waste Worker Health and Safety number assigned to the petition should 27. Jennifer Gowans and Mitchell Gowans on Training; 93.143, NIEHS Superfund be used as the caption for the written behalf of Ivy E. Gowans, Rehoboth, Hazardous Substances—Basic Research and Massachusetts, Court of Federal Claims Education; 93.894, Resources and Manpower submission. Chapter 35 of title 44, No: 14–0440V. Development in the Environmental Health United States Code, related to 28. Leslie C. Potts, Jr., Grant, Nebraska, Court Sciences; 93.113, Biological Response to paperwork reduction, does not apply to of Federal Claims No: 14–0441V. Environmental Health Hazards; 93.114, information required for purposes of 29. Angela Allard, Jackson, California, Court Applied Toxicological Research and Testing, carrying out the Program. of Federal Claims No: 14–0442V. National Institutes of Health, HHS) 30. Jody Hupe on behalf of B.A.H., Dated: June 20, 2014. Dated: June 23, 2014. Manhattan, Kansas, Court of Federal Mary K. Wakefield, Claims No: 14–0448V. Carolyn Baum, Administrator. 31. Richard Berrish, Freeport, Pennsylvania, Program Analyst, Office of Federal Advisory Court of Federal Claims No: 14–0453V. Committee Policy. List of Petitions Filed 32. Barbara Wright, Winchester, Virginia, [FR Doc. 2014–15062 Filed 6–26–14; 8:45 am] 1. Lauren E. Neeley, Boynton Beach, Florida, Court of Federal Claims No: 14–0454V. BILLING CODE 4140–01–P Court of Federal Claims No: 14–0373V. 33. Erin Menser, Seattle, Washington, Court 2. Brandy Williams on behalf of LS, Gilbert, of Federal Claims No: 14–0455V. Arizona, Court of Federal Claims No: 14– 34. Julie Jones, Birmingham, Alabama, Court DEPARTMENT OF HEALTH AND 0375V. of Federal Claims No: 14–0456V. HUMAN SERVICES 3. James Clark, Winchester, Massachusetts, [FR Doc. 2014–15047 Filed 6–26–14; 8:45 am] Court of Federal Claims No: 14–0379V. BILLING CODE 4165–15–P National Institutes of Health 4. Angie F. French and Dan French on behalf of V.F., Phoenix, Arizona, Court of National Cancer Institute; Notice of Federal Claims No: 14–0383V. 5. Gary Martz, Tempe, Arizona, Court of DEPARTMENT OF HEALTH AND Closed Meeting HUMAN SERVICES Federal Claims No: 14–0384V. Pursuant to section 10(d) of the 6. Reta Erxleben, Cincinnati, Ohio, Court of Federal Advisory Committee Act, as Federal Claims No: 14–0385V. National Institutes of Health 7. Markelle D. Vickers, Antioch, California, amended (5 U.S.C. App.), notice is Court of Federal Claims No: 14–0386V. National Institute of Environmental hereby given of the following meetings. 8. Amy M. Nesbitt and Eric L. Nesbitt on Health Sciences; Notice of Closed The meeting will be closed to the behalf of MNN, Moline, Illinois, Court of Meeting public in accordance with the Federal Claims No: 14–0392V. provisions set forth in sections 9. Sheri Swigert, Lincoln, California, Court of Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Claims No: 14–0395V. Federal Advisory Committee Act, as as amended. The grant applications and 10. Danielle N. Meyer, Knoxville, Tennessee, amended (5 U.S.C. App.), notice is the discussions could disclose Court of Federal Claims No: 14–0399V. hereby given of the following meeting. confidential trade secrets or commercial 11. James Rowden, Fort Benning, Georgia, The meeting will be closed to the Court of Federal Claims No: 14–0400V. property such as patentable material, public in accordance with the and personal information concerning 12. Steve H. Mitchell, Shreveport, Louisiana, provisions set forth in sections Court of Federal Claims No: 14–0401V. individuals associated with the grant 13. Lissa Garcia on behalf of Stefon Garcia, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which Deceased, Brownsville, Texas, Court of as amended. The grant applications and would constitute a clearly unwarranted Federal Claims No: 14–0404V. the discussions could disclose invasion of personal privacy. 14. John Ciprus, Wethersfield, Connecticut, confidential trade secrets or commercial Court of Federal Claims No: 14–0410V. property such as patentable material, Name of Committee: National Cancer 15. Danny Wilson, St. Louis, Missouri, Court Institute Special Emphasis Panel, Feasibility and personal information concerning Studies to Build Collaborative Partnerships of Federal Claims No: 14–0411V. individuals associated with the grant 16. Daniel Webb, Atlanta, Georgia, Court of in Cancer Research (P20). applications, the disclosure of which Date: July 22–23, 2014. Federal Claims No: 14–0412V. would constitute a clearly unwarranted 17. Ivanka Pentcholov on behalf of Athena Time: 5:00 p.m. to 4:00 p.m. Pentcholov, Seattle, Washington, Court invasion of personal privacy. Agenda: To review and evaluate grant of Federal Claims No: 14–0414V. Name of Committee: National Institute of applications. 18. Sonal Patel, New Haven, Connecticut, Environmental Health Sciences Special Place: Bethesda North Marriott Hotel & Court of Federal Claims No: 14–0421V. Emphasis Panel; Outstanding New Conference Center, Montgomery County 19. Tammy Schettl, Olmstead County, Environmental Scientist Review Meeting. Conference Center Facility, 5701 Marinelli Minnesota, Court of Federal Claims No: Date: July 22, 2014. Road, North Bethesda, MD 20852. 14–0422V. Time: 8:00 a.m. to 6:00 p.m. Contact Person: Christopher L. Hatch, 20. Chun-Xiang Mao, El Paso, Texas, Court of Agenda: To review and evaluate grant Ph.D., Chief, Health Scientist Administrator, Federal Claims No: 14–0426V. applications. Program Coordination & Referral Branch, 21. Jenelle and Arturo Escalera on behalf of Place: National Institute of Environmental Division of Extramural Activities, National Alivia Escalera, Phoenix, Arizona, Court Health Sciences, Rall Building, Room 101, Cancer Institute, 9609 Medical Center Drive, of Federal Claims No: 14–0431V. ABC, 111 T. W. Alexander Drive, Research Room 7W554, Rockville, MD 20850, 240– 22. Kristin Mehner, Cape Girardeau, Triangle Park, NC 27713. 276–6454, [email protected]. Missouri, Court of Federal Claims No: Contact Person: Janice B. Allen, Ph.D., Information is also available on the 14–0432V. Scientific Review Officer, Scientific Review Institute’s/Center’s home page: http:// 23. Michelle Stoke, Memphis, Tennessee, Branch, Division of Extramural Research and deainfo.nci.nih.gov/advisory/sep/sep.htm, Court of Federal Claims No: 14–0433V. Training, Nat. Inst. of Environmental Health where an agenda and any additional 24. Larry Johnston on behalf of Evan Sciences, P.O. Box 12233, MD EC–30/Room information for the meeting will be posted Johnston, Avon, Ohio, Court of Federal 3170 B, Research Triangle Park, NC 27709, when available. Claims No: 14–0434V. 919/541–7556. (Catalogue of Federal Domestic Assistance 25. Laura Mitchell, Laurel, Maryland, Court (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; of Federal Claims No: 14–0438V. Program Nos. 93.115, Biometry and Risk 93.393, Cancer Cause and Prevention 26. Leigh Rolshoven on behalf of Hannah Estimation—Health Risks from Research; 93.394, Cancer Detection and

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Diagnosis Research; 93.395, Cancer Name of Committee: AIDS and Related Name of Committee: Center for Scientific Treatment Research; 93.396, Cancer Biology Research Integrated Review Group, Review Special Emphasis Panel; Member Research; 93.397, Cancer Centers Support; NeuroAIDS and Other End-Organ Diseases Conflict: Cancer Immunopathology and 93.398, Cancer Research Manpower; 93.399, Study Section. Immunotherapy. Cancer Control, National Institutes of Health, Date: July 21, 2014. Date: July 21, 2014. HHS) Time: 8:00 a.m. to 5:00 p.m. Time: 1:00 p.m. to 3:00 p.m. Agenda: To review and evaluate grant Dated: June 24, 2014. Agenda: To review and evaluate grant applications. applications. Melanie J. Gray, Place: Kinzie Hotel, Twenty West Kinzie Place: National Institutes of Health, 6701 Program Analyst, Office of Federal Advisory Street, Chicago, IL 60654. Rockledge Drive, Bethesda, MD 20892, Committee Policy. Contact Person: Eduardo A. Montalvo, (Telephone Conference Call). [FR Doc. 2014–15061 Filed 6–26–14; 8:45 am] Ph.D., Scientific Review Officer, Center for Contact Person: Lawrence Ka-Yun Ng, BILLING CODE 4140–01–P Scientific Review, National Institutes of Ph.D., Scientific Review Officer, Center for Health, 6701 Rockledge Drive, Room 5108, Scientific Review, National Institutes of MSC 7852, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 6152, DEPARTMENT OF HEALTH AND 1168, [email protected]. MSC 7804, Bethesda, MD 20892, 301–435– HUMAN SERVICES Name of Committee: Center for Scientific 1719, [email protected]. Review Special Emphasis Panel, Name of Committee: Center for Scientific National Institutes of Health Fellowships: Biochemistry and Biophysical Review Special Emphasis Panel; PAR Panel: Chemistry. Neuropharmacology. Center for Scientific Review; Notice of Date: July 21–22, 2014. Date: July 21, 2014. Closed Meetings Time: 8:00 a.m. to 3:00 p.m. Time: 12:00 p.m. to 2:00 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. applications. Federal Advisory Committee Act, as Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 amended (5 U.S.C. App.), notice is Rockledge Drive, Bethesda, MD 20892, Rockledge Drive, Bethesda, MD 20892, hereby given of the following meetings. (Virtual Meeting). (Telephone Conference Call). Contact Person: David R. Jollie, Ph.D., Contact Person: Richard D. Crosland, The meetings will be closed to the Scientific Review Officer, Center for public in accordance with the Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Scientific Review, National Institutes of provisions set forth in sections Health, 6701 Rockledge Drive, Room 4166, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 4190, MSC 7806, Bethesda, MD 20892, (301) 437– MSC 7850, Bethesda, MD 20892, 301–435– as amended. The grant applications and 7927, [email protected]. 1220, [email protected]. the discussions could disclose (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific confidential trade secrets or commercial Program Nos. 93.306, Comparative Medicine; Review Special Emphasis Panel; RFA–RM– 93.333, Clinical Research, 93.306, 93.333, property such as patentable material, 13–019: Broadening Experiences in Scientific 93.337, 93.393–93.396, 93.837–93.844, and personal information concerning Training (DP7/BEST) Panel 2. 93.846–93.878, 93.892, 93.893, National individuals associated with the grant Date: July 24, 2014. Institutes of Health, HHS) applications, the disclosure of which Time: 8:00 a.m. to 6:00 p.m. would constitute a clearly unwarranted Dated: June 23, 2014. Agenda: To review and evaluate grant invasion of personal privacy. Carolyn A. Baum, applications. Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory Committee Policy. Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel; PAR–13– Avenue, Bethesda, MD 20814. 182: Drug Abuse Dissertation Research. [FR Doc. 2014–15059 Filed 6–26–14; 8:45 am] Contact Person: Lawrence E. Boerboom, Date: July 8, 2014. BILLING CODE 4140–01–P Ph.D., Chief, CVRS IRG, Center for Scientific Time: 11:00 a.m. to 4:00 p.m. Review, National Institutes of Health, 6701 Agenda: To review and evaluate grant Rockledge Drive, Room 4130, MSC 7814, applications. DEPARTMENT OF HEALTH AND Bethesda, MD 20892, (301) 435–8367, Place: National Institutes of Health, 6701 HUMAN SERVICES [email protected]. Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific (Telephone Conference Call). National Institutes of Health Contact Person: Mary Clare Walker, Ph.D., Review Special Emphasis Panel; Member Conflict: Hypertension and Thrombosis. Scientific Review Officer, Center for Center for Scientific Review; Notice of Scientific Review, National Institutes of Date: July 24–25, 2014. Health, 6701 Rockledge Drive, Room 5208, Closed Meetings Time: 11:00 a.m. to 4:00 p.m. MSC 7852, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. 1165, [email protected]. Federal Advisory Committee Act, as Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 amended (5 U.S.C. App.), notice is Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, [PAR] 14– hereby given of the following meetings. 073 Shared Instrumentation: Review of X-ray (Virtual Meeting). diffraction systems and/or NMR The meetings will be closed to the Contact Person: Luis Espinoza, Ph.D., spectrometers. public in accordance with the Scientific Review Officer, Center for Date: July 14–15, 2014. provisions set forth in sections Scientific Review, National Institutes of Time: 8:00 a.m. to 12:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 4140, Agenda: To review and evaluate grant as amended. The grant applications and MSC 7814, Bethesda, MD 20892, 301–435– 0952, [email protected]. applications. the discussions could disclose Place: National Institutes of Health, 6701 confidential trade secrets or commercial Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Rockledge Drive, Bethesda, MD 20892, property such as patentable material, (Virtual Meeting). Conflict: Communication and Motor Contact Person: Albert Wang, Scientific and personal information concerning Function. Review Officer, Center for Scientific Review, individuals associated with the grant Date: July 24, 2014. National Institutes of Health, 6701 Rockledge applications, the disclosure of which Time: 2:00 p.m. to 6:00 p.m. Drive, Room 4146, MSC 7806, Bethesda, MD would constitute a clearly unwarranted Agenda: To review and evaluate grant 20892, 301–435–1016, [email protected]. invasion of personal privacy. applications.

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Place: National Institutes of Health, 6701 (SAMHSA) intends to award up to 276–2316; email: cathy.friedman@ Rockledge Drive, Bethesda, MD 20892, $1,448,432 (total costs) for one year to samhsa.hhs.gov. (Virtual Meeting). Link2Health Solutions, Inc., as a Contact Person: Andrea B. Kelly, Ph.D., Cathy J. Friedman, program supplement to the National Scientific Review Officer, Center for SAMHSA Public Health Analyst. Suicide Prevention Lifeline. The Scientific Review, National Institutes of [FR Doc. 2014–15042 Filed 6–26–14; 8:45 am] Health, 6701 Rockledge Drive, Room 3182, purpose of this program is to provide MSC 7770, Bethesda, MD 20892, (301) 455– national telephonic access at any time of BILLING CODE 4162–20–P 1761, [email protected]. the day or night to suicide prevention Name of Committee: Center for Scientific and crisis intervention services through DEPARTMENT OF HEALTH AND Review Special Emphasis Panel; Program toll-free suicide prevention hotline HUMAN SERVICES Projects: Neuropharmacology. numbers, including 1–800–273–TALK Date: July 25, 2014. Time: 1:00 p.m. to 3:30 p.m. (8255). Supplemental funding is being Substance Abuse and Mental Health Agenda: To review and evaluate grant provided for the National Suicide Services Administration applications. Prevention Lifeline to expand and Place: National Institutes of Health, 6701 enhance the currently funded chat and Fiscal Year (FY) 2014 Funding Rockledge Drive, Bethesda, MD 20892, text-based SMS services from 12 hours Opportunity (Telephone Conference Call). a day to 24/7 coverage. The Lifeline will AGENCY: Substance Abuse and Mental Contact Person: Richard D. Crosland, Ph.D., Scientific Review Officer, Center for continue awareness raising activities Health Services Administration, HHS. Scientific Review, National Institutes of such as, but not limited to, social media ACTION: Notice of intent to award a Health, 6701 Rockledge Drive, Room 4190, engagement and promotion of services single source grant to the Education MSC 7850, Bethesda, MD 20892, 301–435– that will continue to be directed Development Center, Inc., Waltham, 1220, [email protected]. towards the suicide prevention needs of MA. Name of Committee: Center for Scientific high-risk populations identified by the Review Special Emphasis Panel; Molecular National Action Alliance for Suicide SUMMARY: This notice is to inform the Genetics. Prevention; lesbian, gay, bisexual, or public that the Substance Abuse and Date: July 25, 2014. Mental Health Services Administration transgender (LGBT) youth, American Time: 2:30 p.m. to 4:30 p.m. (SAMHSA) intends to award up to Indian/Alaska Native (AI/AN), military Agenda: To review and evaluate grant $1,182,918 (total costs) for one year to applications. family members and veterans, and the Education Development Center, Inc., Place: National Institutes of Health, 6701 suicide attempt survivors. These Waltham, MA, as a program supplement Rockledge Drive, Bethesda, MD 20892, services directly support the objectives (Telephone Conference Call). to the Suicide Prevention Resource of the National Strategy for Suicide Center. The purpose of this program Contact Person: Cheryl M. Corsaro, Ph.D., Prevention. Scientific Review Officer, Center for supplement is to support high-impact Scientific Review, National Institutes of Funding Opportunity Title: SM–14– objectives of the National Strategy for Health, 6701 Rockledge Drive, Room 2204, 021. Suicide Prevention (NSSP), provide MSC 7890, Bethesda, MD 20892, (301) 435– Catalog of Federal Domestic technical assistance for NSSP 1045, [email protected]. implementation, and develop an Assistance (CFDA) Number: 93.243. (Catalogue of Federal Domestic Assistance implementation plan for preventing Program Nos. 93.306, Comparative Medicine; Authority: Section 520A of the Public suicide among men in mid-life, with the 93.333, Clinical Research, 93.306, 93.333, Health Service Act, as amended, and is overall goal of reducing suicides and 93.337, 93.393–93.396, 93.837–93.844, financed by 2014 Prevention and Public suicidal behaviors in the nation. This 93.846–93.878, 93.892, 93.893, National Health Funds (PPHF–2014). Institutes of Health, HHS) supplement represents an enhancement Justification: Eligibility is limited to of the SPRC’s capacity to carry out its Dated: June 24, 2014. Link2Health Solutions, Inc., the current primary mission of advancing Melanie J. Gray, grantee for the Cooperative Agreement implementation of the NSSP. Program Analyst, Office of Federal Advisory for Networking, Certifying and Training Funding Opportunity Title: SM–14– Committee Policy. Suicide Prevention Hotlines (the 022. [FR Doc. 2014–15060 Filed 6–26–14; 8:45 am] Lifeline). Under this one-year Catalog of Federal Domestic Assistance (CFDA) Number: 93.243. BILLING CODE 4140–01–P supplemental funding, Link2Solutions, Inc. will expand and enhance their Authority: Sections 520A and 520C of the current grant activities to increase chat Public Health Service Act, as amended, and DEPARTMENT OF HEALTH AND is financed by SAMHSA’s Budget Authority HUMAN SERVICES technology infrastructure and expand and the 2014 Prevention and Public Health and strengthen chat coverage for Funds (PPHF–2014). Substance Abuse and Mental Health veterans, military families, suicide Justification: Eligibility for this Services Administration attempt survivors and other high-risk funding opportunity is limited to the populations. Since Link2Health Education Development Center, Inc., Fiscal Year (FY) 2014 Funding Solutions is currently operating the Waltham, MA. Education Development Opportunity National Suicide Prevention Hotline, Center, Inc. is the current grantee for AGENCY: Substance Abuse and Mental this is the most efficient and cost SAMHSA’s Suicide Prevention Health Services Administration, HHS. effective use of grant funds. Resource Center and acts as the ACTION: Notice of intent to award a Executive Secretariat for the National FOR FURTHER INFORMATION CONTACT: Action Alliance for Suicide Prevention, single source grant to Link2Health Cathy Friedman, Substance Abuse and Solutions, Inc. providing the infrastructure, Mental Health Services Administration, administrative support, and guidance to SUMMARY: This notice is to inform the 1 Choke Cherry Road, Room 8–1097, its leadership, Executive Committee, public that the Substance Abuse and Rockville, MD 20857; telephone: (240) and task forces. Education Development Mental Health Services Administration Center, Inc. has the infrastructure

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already in place to immediately begin to comments via the Federal eRulemaking (4) Minimize the burden of the implement the activities under this Portal Web site by visiting collection of information on those who supplemental funding announcement. www.regulations.gov. In the search box are to respond, including through the This is the most efficient and effective either copy and paste, or type in, the use of appropriate automated, use of grant funds for advancing the e-Docket ID number USCIS–2012–0003. electronic, mechanical, or other impact of the NSSP in reducing suicidal Click on the link titled Open Docket technological collection techniques or behavior and preventing suicide in this Folder for the appropriate Notice and other forms of information technology, nation. supporting documents, and click the e.g., permitting electronic submission of FOR FURTHER INFORMATION CONTACT: Comment Now tab to submit a responses. Cathy Friedman, Substance Abuse and comment; Mental Health Services Administration, (2) Email. Submit comments to Overview of This Information 1 Choke Cherry Road, Room 8–1097, [email protected]; Collection Rockville, MD 20857; telephone: (240) (3) Mail. Submit written comments to 276–2316; email: cathy.friedman@ DHS, USCIS, Office of Policy and (1) Type of Information Collection: samhsa.hhs.gov. Strategy, Chief, Regulatory Coordination Revision of a Currently Approved Collection. Cathy J. Friedman, Division, 20 Massachusetts Avenue NW., Washington, DC 20529–2140. (2) Title of the Form/Collection: SAMHSA Public Health Analyst. SUPPLEMENTARY INFORMATION: Application for Provisional Unlawful [FR Doc. 2014–15041 Filed 6–26–14; 8:45 am] Presence Waiver of Inadmissibility. BILLING CODE 4162–20–P Comments (3) Agency form number, if any, and Regardless of the method used for the applicable component of the DHS submitting comments or material, all DEPARTMENT OF HOMELAND sponsoring the collection: I–601A; submissions will be posted, without SECURITY USCIS. change, to the Federal eRulemaking Portal at http://www.regulations.gov, (4) Affected public who will be asked U.S. Citizenship and Immigration or required to respond, as well as a brief Services and will include any personal information you provide. Therefore, abstract: [OMB Control Number 1615–0123] submitting this information makes it Primary: Individuals or households: public. You may wish to consider Agency Information Collection Individuals who are immediate relatives limiting the amount of personal Activities: Application for Provisional of U.S. citizens and who are applying information that you provide in any Unlawful Presence Waiver of from within the United States for a voluntary submission you make to DHS. Inadmissibility, Form I–601A; Revision waiver of inadmissibility under INA of a Currently Approved Collection DHS may withhold information section 212(a)(9)(B)(v) prior to obtaining provided in comments from public an immigrant visa abroad. ACTION: 60-Day Notice. viewing that it determines may impact the privacy of an individual or is (5) An estimate of the total number of SUMMARY: The Department of Homeland offensive. For additional information, respondents and the amount of time Security (DHS), U.S. Citizenship and please read the Privacy Act notice that estimated for an average respondent to Immigration Services (USCIS) invites is available via the link in the footer of respond: the general public and other Federal http://www.regulations.gov. —Form I–601A: 35,000 at 1.5 hours. agencies to comment upon this Note: The address listed in this notice —Biometrics: 35,000 at 1.17 hours. proposed revision of a currently should only be used to submit comments approved collection of information or concerning this information collection. (6) An estimate of the total public new collection of information. In Please do not submit requests for individual burden (in hours) associated with the accordance with the Paperwork case status inquiries to this address. If you collection: 93,450 total annual burden Reduction Act (PRA) of 1995, the are seeking information about the status of hours. information collection notice is your individual case, please check ‘‘My Case published in the Federal Register to Status’’ online at: https://egov.uscis.gov/cris/ If you need a copy of the information obtain comments regarding the nature of Dashboard.do, or call the USCIS National collection instrument with instructions, the information collection, the Customer Service Center at 1–800–375–5283. or additional information, please visit categories of respondents, the estimated Written comments and suggestions the Federal eRulemaking Portal site at: burden (i.e. the time, effort, and from the public and affected agencies http://www.regulations.gov. We may resources used by the respondents to should address one or more of the also be contacted at: USCIS, Office of respond), the estimated cost to the following four points: Policy and Strategy, Regulatory respondent, and the actual information (1) Evaluate whether the proposed Coordination Division, 20 collection instruments. collection of information is necessary Massachusetts Avenue NW., DATES: Comments are encouraged and for the proper performance of the Washington, DC 20529–2140, will be accepted for 60 days until functions of the agency, including Telephone number 202–272–8377. August 26, 2014. whether the information will have Dated: June 23, 2014. ADDRESSES: All submissions received practical utility; Laura Dawkins, must include the OMB Control Number (2) Evaluate the accuracy of the 1615–0123 in the subject box, the agency’s estimate of the burden of the Chief, Regulatory Coordination Division, agency name and Docket ID USCIS– proposed collection of information, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of 2012–0003. To avoid duplicate including the validity of the Homeland Security. submissions, please use only one of the methodology and assumptions used; following methods to submit comments: (3) Enhance the quality, utility, and [FR Doc. 2014–15114 Filed 6–26–14; 8:45 am] (1) Online. You may access the clarity of the information to be BILLING CODE 9111–97–P Federal Register Notice and submit collected; and

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DEPARTMENT OF HOMELAND voluntary submission you make to DHS. prospective adoptive parent(s), except SECURITY For additional information please read for the spouse of the applicant/ the Privacy Act notice that is available petitioner. U.S. Citizenship and Immigration via the link in the footer of http:// (5) An estimate of the total number of Services www.regulations.gov. respondents and the amount of time estimated for an average respondent to [OMB Control Number 1615–0028] Note: The address listed in this notice should only be used to submit comments respond: Agency Information Collection concerning this information collection. —Form I–600 respondents estimated at Activities: Petition To Classify Orphan Please do not submit requests for individual 2,665. The estimated average burden as an Immediate Relative; Application case status inquiries to this address. If you per response is .750 hours (45 for Advance Processing of an Orphan are seeking information about the status of minutes). your individual case, please check ‘‘My Case Petition; Supplement 1, Listing of an —Form I–600A respondents estimated Status’’ online at: https://egov.uscis.gov/cris/ at 3,576. The estimated average Adult Member of the Household, Dashboard.do, or call the USCIS National Forms I–600, I–600A and Supplement Customer Service Center at 1–800–375–5283. burden per response is .750 hours (45 1; Revision of a Currently Approved minutes). Written comments and suggestions Collection —Supplement 1 respondents estimated from the public and affected agencies at 3,316. The estimated average ACTION: 30-Day Notice. should address one or more of the burden per response is .25 hours (15 following four points: minutes). SUMMARY: The Department of Homeland (1) Evaluate whether the proposed —Biometrics Respondents estimated at Security (DHS), U.S. Citizenship and collection of information is necessary 12,873. The estimated average burden Immigration Services (USCIS) will be for the proper performance of the per response is 1.17 hours. submitting the following information functions of the agency, including (6) An estimate of the total public collection request to the Office of whether the information will have burden (in hours) associated with the Management and Budget (OMB) for practical utility; collection: 19,789.66 annual burden review and clearance in accordance (2) Evaluate the accuracy of the hours. with the Paperwork Reduction Act of agency’s estimate of the burden of the If you need a copy of the information 1995. The information collection notice proposed collection of information, collection instrument with was previously published in the Federal including the validity of the supplementary documents, or need Register on April 17, 2014, at 79 FR methodology and assumptions used; additional information, please visit 21784, allowing for a 60-day public (3) Enhance the quality, utility, and http://www.regulations.gov. We may comment period. USCIS did receive clarity of the information to be also be contacted at: USCIS, Office of comment(s) from three commenters in collected; and Policy and Strategy, Regulatory (4) Minimize the burden of the connection with the 60-day notice. Coordination Division, 20 collection of information on those who DATES: The purpose of this notice is to Massachusetts Avenue NW., are to respond, including through the allow an additional 30 days for public Washington, DC 20529–2140; use of appropriate automated, comments. Comments are encouraged Telephone 202–272–8377. electronic, mechanical, or other and will be accepted until July 28, 2014. technological collection techniques or Dated: June 24, 2014. This process is conducted in accordance other forms of information technology, Laura Dawkins, with 5 CFR 1320.10. e.g., permitting electronic submission of Chief, Regulatory Coordination Division, ADDRESSES: Written comments and/or responses. Office of Policy and Strategy, U.S. Citizenship suggestions regarding the item(s) and Immigration Services, Department of contained in this notice, especially Overview of This Information Homeland Security. regarding the estimated public burden Collection [FR Doc. 2014–15112 Filed 6–26–14; 8:45 am] and associated response time, must be (1) Type of Information Collection BILLING CODE 9111–97–P directed to the OMB USCIS Desk Officer Request: Revision of a Currently via email at oira_submission@ Approved Collection. omb.eop.gov. The comments submitted (2) Title of the Form/Collection: DEPARTMENT OF HOUSING AND to the OMB USCIS Desk Officer may Petition to Classify Orphan as an URBAN DEVELOPMENT also be submitted to DHS via the Immediate Relative; Application for Federal eRulemaking Portal Web site at Advance Processing of an Orphan [Docket No. FR–5750–N–26] http://www.regulations.gov under e- Petition; Supplement 1, Listing of an Federal Property Suitable as Facilities Docket ID number USCIS–2008–0020 or Adult Member of the Household. To Assist the Homeless via email at uscisfrcomment@ (3) Agency form number, if any, and uscis.dhs.gov. All submissions received the applicable component of the DHS AGENCY: Office of the Assistant must include the agency name and the sponsoring the collection: Forms I–600, Secretary for Community Planning and OMB Control Number 1615–0028. I–600A and Supplement 1; USCIS. Development, HUD. Regardless of the method used for (4) Affected public who will be asked ACTION: Notice. submitting comments or material, all or required to respond, as well as a brief submissions will be posted, without abstract: Primary: Individuals or SUMMARY: This Notice identifies change, to the Federal eRulemaking households: USCIS uses Form I–600 to unutilized, underutilized, excess, and Portal at http://www.regulations.gov, determine whether a child alien is an surplus Federal property reviewed by and will include any personal eligible orphan. Form I–600A is used to HUD for suitability for use to assist the information you provide. Therefore, streamline the procedure for advance homeless. submitting this information makes it processing of orphan petitions. FOR FURTHER INFORMATION CONTACT: public. You may wish to consider Supplement 1 is to be completed by Juanita Perry, Department of Housing limiting the amount of personal every adult member (age 18 and older), and Urban Development, 451 Seventh information that you provide in any who lives in the home of the Street SW., Room 7266, Washington, DC

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20410; telephone (202) 402–3970; TTY as possible. For complete details Navy Yard, 1330 Patterson Ave. SW., number for the hearing- and speech- concerning the processing of Suite 1000, Washington, DC 20374; impaired (202) 708–2565 (these applications, the reader is encouraged to (202) 685–9426 (These are not toll-free telephone numbers are not toll-free), or refer to the interim rule governing this numbers). call the toll-free Title V information line program, 24 CFR part 581. Dated: June 19, 2014. For properties listed as suitable/to be at 800–927–7588. Brian P. Fitzmaurice, SUPPLEMENTARY INFORMATION: In excess, that property may, if subsequently accepted as excess by Director, Division of Community Assistance, accordance with 24 CFR part 581 and Office of Special Needs Assistance Programs. section 501 of the Stewart B. McKinney GSA, be made available for use by the Homeless Assistance Act (42 U.S.C. homeless in accordance with applicable TITLE V, FEDERAL SURPLUS PROPERTY law, subject to screening for other PROGRAM FEDERAL REGISTER REPORT 11411), as amended, HUD is publishing FOR 06/27/2014 this Notice to identify Federal buildings Federal use. At the appropriate time, and other real property that HUD has HUD will publish the property in a Suitable/Available Properties reviewed for suitability for use to assist Notice showing it as either suitable/ Building the homeless. The properties were available or suitable/unavailable. For properties listed as suitable/ Arkansas reviewed using information provided to unavailable, the landholding agency has Shiloh Park Change Shelter HUD by Federal landholding agencies decided that the property cannot be Greers Ferry Lake Project regarding unutilized and underutilized declared excess or made available for Greers Ferry AR 72067 buildings and real property controlled use to assist the homeless, and the Landholding Agency: COE by such agencies or by GSA regarding property will not be available. Property Number: 31201420013 its inventory of excess or surplus Properties listed as unsuitable will Status: Underutilized Federal property. This Notice is also Comments: off-site removal only; no future not be made available for any other agency need; 420 sq. ft.; fair conditions; published in order to comply with the purpose for 20 days from the date of this December 12, 1988 Court Order in contact COE for more information. Notice. Homeless assistance providers South Fork Park Vault Toilet National Coalition for the Homeless v. interested in a review by HUD of the Veterans Administration, No. 88–2503– Greers Ferry Lake Project determination of unsuitability should Shirley AR 72153 OG (D.D.C.). call the toll free information line at 1– Landholding Agency: COE Properties reviewed are listed in this 800–927–7588 for detailed instructions Property Number: 31201420014 Notice according to the following or write a letter to Ann Marie Oliva at Status: Unutilized categories: Suitable/available, suitable/ the address listed at the beginning of Directions: Property ID# GFERRY–44567 unavailable, and suitable/to be excess, this Notice. Included in the request for Comments: off-site removal only; no future and unsuitable. The properties listed in review should be the property address agency need; 172.8 sq. ft.; poor conditions; contact COE for more information. the three suitable categories have been (including zip code), the date of reviewed by the landholding agencies, publication in the Federal Register, the Hawaii and each agency has transmitted to landholding agency, and the property 3 Buildings HUD: (1) Its intention to make the number. JBPHH property available for use to assist the For more information regarding JBPHH HI 96860 homeless, (2) its intention to declare the particular properties identified in this Landholding Agency: Navy property excess to the agency’s needs, or Notice (i.e., acreage, floor plan, existing Property Number: 77201420028 (3) a statement of the reasons that the Status: Excess sanitary facilities, exact street address), Directions: 307; 308; 309 property cannot be declared excess or providers should contact the Comments: off-site removal only; 1,396 sq. ft. made available for use as facilities to appropriate landholding agencies at the for each; deteriorated; restricted access; assist the homeless. following addresses: AGRICULTURE: contact Navy for more information on a Properties listed as suitable/available Ms. Debra Kerr, Department of specific property & accessibility/removal will be available exclusively for Agriculture, Reporters Building, 300 7th requirements. homeless use for a period of 60 days Street SW., Room 300, Washington, DC Kansas from the date of this Notice. Where 20024, (202) 720–8873; ARMY: Ms. 7 Buildings property is described as for ‘‘off-site use Veronica Rines, Office of the Assistant Fort Riley only’’ recipients of the property will be Chief of Staff for Installation 610 Warrior Rd. required to relocate the building to their Management, Department of Army, Fort Riley KS 66442 own site at their own expense. Room 5A128, 600 Army Pentagon, Landholding Agency: Army Homeless assistance providers Washington, DC 20310, (571) 256–8145; Property Number: 21201420002 interested in any such property should COE: Mr. Scott Whiteford, Army Corps Status: Excess send a written expression of interest to of Engineers, Real Estate, CEMP–CR, Directions: 7610,7614,7616,7842, HHS, addressed to Theresa Ritta, Ms. 441 G Street NW., Washington, DC 7846,7850,8063 Comments: Off-site removal only; major Theresa M. Ritta, Chief Real Property 20314; (202) 761–5542; COAST GUARD: repairs needed, mold and asbestos; secured Branch, the Department of Health and Commandant, United States Coast area; contact Army for information on a Human Services, Room 5B–17, Guard, Attn: Jennifer Stomber, 2100 specific property and accessibility/removal Parklawn Building, 5600 Fishers Lane, Second St. SW., Stop 7901, Washington, request. Rockville, MD 20857, (301) 443–2265 DC 20593–0001; (202) 475–5609; Virginia (This is not a toll-free number.) HHS INTERIOR: Mr. Michael Wright, will mail to the interested provider an Acquisition & Property Management, Blades Circle Sheds application packet, which will include Department of the Interior, 3960 N. 56th JER Little Creek Wallop Island VA instructions for completing the Ave. #104, Hollywood, FL. 33021; (443) Landholding Agency: Navy application. In order to maximize the 223–4639; NAVY: Mr. Steve Matteo, Property Number: 77201420019 opportunity to utilize a suitable Department of the Navy, Asset Status: Unutilized property, providers should submit their Management Division, Naval Facilities Comments: off-site removal only; no future written expressions of interest as soon Engineering Command, Washington agency need; age: 1987–1990; 2,496 total

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sq. ft.; 24+ months vacant; poor conditions; Indiana 230 E 1500 N contact Navy for more information. Tract 85–107 Chesterton IN 46304 Blades Circle Duplex Units 910 Wilson Road Landholding Agency: Interior JER Little Creek Beverly Shores IN 46301 Property Number: 61201330009 Wallop Island VA Landholding Agency: Interior Status: Excess Comments: 1,152 sf.; residential; 24+ months Landholding Agency: Navy Property Number: 61201330001 vacant; asbestos & mold; extensive Property Number: 77201420020 Status: Excess Comments: residential; 2,548 sf., residential; deterioration, contact interior for more Status: Unutilized info. Comments: off-site removal only; no future 26+months vacant, extensive structural agency need; age: 1987–1990; 36,202 total damage, asbestos & mold, contact Interior Indiana sq. ft.; 24+ months vacant; poor conditions; for more info. Tract 11–228 Mache House contact Navy for more information. Tract 25–111 Slaughter House 9621 Maple Avenue Blades Circle Housing Units 206 Prospect Portage IN 46368 JER Little Creek Beverly Shore IN 46301 Landholding Agency: Interior Wallop Island VA Landholding Agency: Interior Property Number: 61201330010 Landholding Agency: Navy Property Number: 61201330002 Status: Excess Status: Excess Property Number: 77201420021 Comments: 840 sf.; 25+ months vacant; Comments: 1,180 sf.; 18+ month vacant; Status: Unutilized asbestos; structural unsound; contact asbestos. mold & lead; rat-infested; contact Comments: off-site removal only; no future interior for more info. interior for more info. agency need age: 1987–1990; 43,591 total Tract 87–141 McClusky House sq. ft.; 24+ months vacant; poor conditions; Tract 38–134 Olson House 929 E Holy Place contact Navy for more information. 1449 Hawley Wood Rd. Beverly Shores IN 46301 Chesterton IN 46304 Landholding Agency: Interior Suitable/Unavailable Properties Landholding Agency: Interior Property Number: 61201330011 Building Property Number: 61201330003 Status: Excess Status: Excess Comments: 2,688 sf.; residential; 26+ months Arizona Comments: 1,026 sf.; residential; significant vacant; mold; extensive damage; contact Old Ehrenberg Office repairs; 26+ months vacant; asbestos & interior for more info. 49354 Ehrenberg-Poston Hwy. lead; contact interior for more info. Tract 85–100 McPharlin House Ehrenberg AZ Tract 11–250; Lane House 9 S Drake Landholding Agency: Interior null Beverly Shore IN 46301 Property Number: 61201340009 Portage IN 46368 Landholding Agency: Interior Status: Unutilized Landholding Agency: Interior Property Number: 61201330012 Comments: 800 sq. ft.; office; significant Property Number: 61201330004 Status: Excess water damage; repairs a must; asbestos/ Status: Excess Comments: 1,302 sf.; residential; 3 yrs. + lead; contact Interior for more info. Comments: 1,375 sf., residential; 25+ months vacant, asbestos; lead; mold; extensive vacant, asbestos; significant repairs need, deterioration; contact interior for more California contact Interior for more info. info. Siphon Drop Caretaker’s Reside Tract 11–101; Defauw House Tract 39–145, Tabor House (RPUI #00350000600B) 9736 Maple Place 106 E Pottawatomie Court Yuma Main Canal Gary IN 46401 Chesterton IN 46304 Winterhaven CA Landholding Agency: Interior Landholding Agency: Interior Landholding Agency: Interior Property Number: 61201330005 Property Number: 61201330013 Property Number: 61201340010 Status: Excess Status: Excess Status: Unutilized Comments: 1,176 sf.; residential; 25+ months Comments: 1,351 sf., residential; 26+months Comments: 1,014 sq. ft.; 108+ months vacant; vacant; contact Interior for more vacant, extensive deterioration extensive termite damage; asbestos; mold, information. contamination; contact Interior for more lead; escort required; contact Interior for info. Tract 35–126 Millet House more info. Porter IN 46304 Tract 39–158 Jones House Idaho Landholding Agency: Interior 1477 NE Pottawatomie Property Number: 61201330006 Chesterton IN 46304 Black Canyon Office, Warehouse Landholding Agency: Interior Status: Excess & Classroom Property Number: 61201330014 Comments: 1,170 sf.; residential; 25+ months 3999 E. Black Canyon Hwy Status: Excess vacant; asbestos & lead; significant repairs; Emmett ID 83617 Comments: 2,046 sf.; residential; 26+ months contact interior for more info. Landholding Agency: Interior vacant; extensive deterioration; contact Property Number: 61201330038 Tract 113–43, Kritlow House interior for more info. Status: Underutilized Gary IN 46401 Tract 40–177 Koehnemann House Comments: 4,880 sf.; 48 yrs.-old; office’s roof Landholding Agency: Interior 1464 N Veden Road needs replacing; good/moderate Property Number: 61201330007 Chesterton IN 46304 conditions; secured area; contact Interior Status: Excess Landholding Agency: Interior for more info. Comments: 1,000 sf., residential; 20+months Property Number: 61201330015 0017–0501–00B, 0017–0502–00B vacant, mold & asbestos; contact Interior Status: Excess 1359 Hanson Ave. for more info. Comments: 1,347 sf.; residential; 24+ months Burley ID 83318 Tract 64–156, Keys House vacant; mold; extensive deterioration; Landholding Agency: Interior 275 York Avenue contact Interior for more info. Property Number: 61201410003 Beverly Shores IN 46301 Tract 35–134; Willison House Status: Excess Landholding Agency: Interior 901 W HWY 12 Directions: 0017–0501–00B (4,608 sq. ft.); Property Number: 61201330008 Porter IN 46304 0017–0502–00B (5,220 sq. ft.) Status: Excess Landholding Agency: Interior Comments: office & garage/storage; 66+ yrs.- Comments: 1,200 sf., residential; 3 yrs., Property Number: 61201330016 old; 4+ months vacant; surrounding area: vacant, mold, lead & asbestos; extensive Status: Excess mixed resid./commercial; good condition; deterioration, contact Interior for more Comments: 576 sf., residential; 25+months small cracks in 0017–0501 foundation; info. vacant, asbestos & lead; significant repairs; contact Interior for more info. Tract 41–138 Meyer House contact Interior for more info.

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Tract 13–156 Barnes House Porter IN 46304 Landholding Agency: Interior 345 S Union Landholding Agency: Interior Property Number: 61201330036 Gary IN 46401 Property Number: 61201330027 Status: Excess Landholding Agency: Interior Status: Excess Comments: 1,360 sf.; 30+ months vacant; Property Number: 61201330017 Comments: 608 sf., residential; 25+ months residential; extensive damage asbestos & Status: Excess vacant, asbestos, mold & lead; contact mold; contact Interior for more info. Comments: 1,372 sf.; residential; 59 yrs. old; Interior for more info. Tract 25–123 Stroker House asbestos & lead; significant repairs needed, Tract 39–175; Peterson House 270 Arkansas contact Interior for more info. 103 Pottawatomie Trail Beverly Shores IN 46301 Tract 85–199; Zimmerman House Chesterton IN 46304 Landholding Agency: Interior 13 S Drake Landholding Agency: Interior Property Number: 61201330037 Beverly Shore IN 46301 Property Number: 61201330028 Status: Excess Landholding Agency: Interior Status: Excess Comments: 2,640 sf.; 26+ months vacant; Property Number: 61201330018 Comments: 1,305 sf., residential; 25+ months residential; asbestos; mold & lead; Status: Excess vacant, extensive deterioration; asbestos & significant repairs; contact Interior for Comments: 1,133 sf., 3+ yrs. vacant, lead; contact Interior for more info. more info. residential, extensive deterioration, contact Tract 114–23 Hartford House Tract 53–133, Hoffman House Pr Interior for more info. 3525 Tippecanoe 275 W. Carol Lane Tract 39–103 Benson House Gary IN 46401 Beverly Shores IN 46301 1485 Pottawatomie Road Landholding Agency: Interior Landholding Agency: Interior Chesterton IN 46304 Property Number: 61201330029 Property Number: 61201330039 Landholding Agency: Interior Status: Excess Status: Excess Property Number: 61201330019 Comments: 1,380 sf.; residential; 12+ months Comments: 1,503 sf., residential; 50 yrs.-old; Status: Excess vacant; asbestos; lead & mold; structurally repairs needed contact Interior for more Comments: 1,305 sf.; residential; 26+ months unsound; contact Interior for more info. info. vacant; significant repairs needed; asbestos Tract 39–169 Goodwin House Tract 32–138, Dune Forest Dorm & lead; contact interior for more info. 114 Pottawatomie Road 108 Dune Forest Dorm Tract 19–101 Brooks House Chesterton IN 46304 Chesterton IN 46304 1507 N 300 E Landholding Agency: Interior Landholding Agency: Interior Chesterton IN 46304 Property Number: 61201330030 Property Number: 61201330045 Landholding Agency: Interior Status: Excess Status: Excess Property Number: 61201330022 Comments: 2,178 sf.; residential; 25+ months Comments: 1,400 sf.; resid. 28+ months Status: Excess vacant; extensive deterioration; contact vacant; significant structural damage; Comments: 865 sf.; residential; 24+ months Interior for more info. termite infest.; asbestos; mold & lead; vacant; asbestos mold & lead extensive Tract 87–142 Christphersen House contact Interior for more info. damage, contact Interior for more info. 933 Holy Place Tract 103–162, Eggbeer Property Tract 18–139; Parker House Beverly Shore IN 46301 3031 Dabbert Avenue 156 N County Line Road Landholding Agency: Interior Porter IN 46304 Gary IN 46401 Property Number: 61201330032 Landholding Agency: Interior Landholding Agency: Interior Status: Excess Property Number: 61201330046 Property Number: 61201330023 Comments: 810 sf.; residential; asbestos; lead Status: Excess Status: Excess & mold; extensive damage; contact Interior Comments: 1,600 sf.; 24+ mos. vacant. resi.; Comments: 2,406 sf., residential; asbestos; for more info. extensive damage; asbestos; contact Chimney, damage; structural unsound; Tract 39–168 Leazer House Interior for more info. contact Interior for more info. 102 Pottawatomie Maine Tract 38–145 Carney House Chesterton IN 46304 Two Trailers 1451 Hawley Wood Road Landholding Agency: Interior Acadia Nat’l Park Chesterton IN 46304 Property Number: 61201330033 Bar Harbor ME 04609 Landholding Agency: Interior Status: Excess Landholding Agency: Interior Property Number: 61201330024 Comments: 1,404 sf.; residential; 26+ months Property Number: 61201320020 Status: Excess vacant; extensive deterioration; mold; roof Status: Unutilized Comments: 1,736 sf.; residential; 26+ months needs to be replaced; contact Interior for Comments: 768 sf. for each; residential; 15 vacant; asbestos; lead & mold; structurally more info. yrs. vacant; repairs a must; contact Interior unsound, contact Interior for more info. Track 65–130 Lukas House for more details. Tract 27–146; Periolat House 224 W Hastings Maryland 940 E Valley Beverly Shore IN 46301 Beverly Shores IN 46301 Landholding Agency: Interior Tract #07–118; Cunningham Farm Landholding Agency: Interior Property Number: 61201330034 18440 Shepherdstown Pike Property Number: 61201330025 Status: Excess Sharpsburg MD 21782 Status: Excess Comments: 1,160 sf.; residential; 26+ months Landholding Agency: Interior Comments: 1,552 sf., residential; 72+ months vacant; extensive deterioration; contact Property Number: 61201320023 vacant, asbestos, mold & lead; contact Interior for more info. Status: Excess Comments: unsound structure; deteriorating; Interior for more info. Tract 11–253 Grimm House 1,190–1,535 sf.; wagon shed; 10 yrs. Tract 86–162; Pascale House 9655 Oak Place vacant. 909 E. Lakefront Drive Portage IN 46368 Beverly Shores IN 46301 Landholding Agency: Interior North Carolina Landholding Agency: Interior Property Number: 61201330035 Tract 01–106 Property Number: 61201330026 Status: Excess 129 Green Acres Lane Status: Excess Comments: 1,541 sf.; residential; 25+ months Greensboro NC 27410 Comments: 2,100 sf., residential; 26+ months vacant; asbestos; significant repairs Landholding Agency: Interior vacant, extensive deterioration; asbestos; needed; contact Interior for more info. Property Number: 61201240015 contact Interior for more info. Tract 88–191 Specht Housr Status: Unutilized Tract 35–117; Segal House 925 E Beverly Drive Directions: Guilford Courthouse Nat’l 717 W HWY 12 Beverly Shores IN 46301 Military Park

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Comments: 1,647 sf.; 24 mons. vacant; leaks, ceiling damaged/lead base paint; shed in woods; springhouse; barn near erosion on structure; rapidly worsening. contact interior for more info. road; barn in field Tract 01–134 Tract 20–141 Comments: 120–1,600 sf.; residential, sheds; 121 Green Acres Lane Blue Ridge Parkway 172+ yrs. vacant; poor conditions; Greensboro NC 27410 Galax VA 24333 contamination. Landholding Agency: Interior Landholding Agency: Interior Tract 26–137 Property Number: 61201240016 Property Number: 61201320025 Blue Ridge Parkway Status: Unutilized Status: Excess Fancy Gap VA 24328 Directions: Guilford Courthouse Nat’l Directions: Gibbs House; garage; cellar; Landholding Agency: Interior Military Park milkhouse; workshop; barn; hay barn; tool Property Number: 61201320035 Comments: 1,385 sf.; 72 mons. vacant; shed Status: Excess erosion on structure; rapidly worsening; Comments: 200–1,430 sf.; residential, sheds; Directions: Morris House & garage; barn 1; lead/asbestos identified. poor conditions; contamination; contact barn 2; pigeon house; springhouse; hen Interior for more info. house; storage building Tract 01–141 Comments: 64–2,400 sf.; residential, sheds; 119 British Lakes Dr. Tract 2731 Blue Ridge Parkway 10+ yrs. vacant; poor conditions; Greensboro NC 27410 contamination. Landholding Agency: Interior Fancy Gap VA 24328 Property Number: 61201240017 Landholding Agency: Interior Tract 23–134 Blue Ridge Parkway Status: Unutilized Property Number: 61201320028 Floyd VA 24091 Directions: Guilford Courthouse Nat’l Status: Excess Directions: Poore House, Shed Landholding Agency: Interior Military Park Comments: range 12–1,200 sf.; residential, Property Number: 61201320036 Comments: 988 sf.; 53 mons. vacant; shed; 10+ yrs. vacant; poor conditions; Status: Excess extensive deterioration. contamination; contact Interior for more Directions: Pesman house; shed; springhouse; Tract 01–144 A info. pole house 3500 Battleground Ave. Tract 27–120 Comments: 88–1.352 sf.; residential, sheds; Greensboro NC 27410 Blue Ridge Parkway 13+ yrs. vacant; poor conditions; Landholding Agency: Interior Fancy Gap VA 24328 contamination. Property Number: 61201240018 Landholding Agency: Interior Tract 19–140 Status: Unutilized Property Number: 61201320029 Blue Ridge Parkway Directions: Guilford Courthouse Nat’l Status: Excess Calloway VA 24067 Military Park Directions: Semons House (frame); House Landholding Agency: Interior Comments: 104 sf.; 53 mons. vacant; interior (brick); Storage Shed; metal shed; privy; Property Number: 61201320037 stripped out; conditions rapidly worsening; barn; storage bldg.; livestock shed Status: Unutilized lead identified. Comments: range 16–1,120 sf.; residential, Directions: House; Fruit Storage; Barn #1; Tract 01–144B sheds; 14+ yrs. vacant; poor conditions; Barn #2; Machine Shop; Storage; Shed; 103 British Lakes Dr. contamination; contact Interior for more Privy; Chicken Coop; Hog Pen; Root Cellar; Greensboro NC 27410 info. Meathouse Landholding Agency: Interior Tract 30–146; Dean House Comments: range from 36–1,200 sf.; Property Number: 61201240025 Blue Ridge Parkway residential, sheds; 32+ yrs. vacant; poor Status: Unutilized Galax VA 24333 conditions; foundation in poor conditions. Directions: Guilford Courthouse Nat’l Landholding Agency: Interior Tract 20–141 Military Park Property Number: 61201320030 Blue Ridge Parkway Comments: 630 sf.; extensive deterioration. Status: Excess Floyd VA 24091 Tract 01–162 Comments: 1,000–1,300 sf.; residential; 13+ Landholding Agency: Interior 107 British Lakes Dr. yrs. vacant; poor conditions; Property Number: 61201320038 Greensboro NC 27410 contamination; contact Interior for more Status: Unutilized Landholding Agency: Interior info. Directions: Gibbs House; Shed #1; Shed #2; Property Number: 61201240026 Tract 14–114 Hay Barn; Log Cabin; Tool Shed #1; Tool Status: Unutilized Blue Ridge Parkway Shed #2; Barn Directions: Guilford Courthouse Nat’l Vinton VA 24179 Comments: 36–840 sf.; residential, sheds; 7+ Military Park Landholding Agency: Interior yrs. vacant; structurally unsound. Comments: 315 sf.; extensive deterioration; Property Number: 61201320031 Tract 26–120 asbestos/lead identified; fuel leakage. Status: Unutilized Richard Young House Pennsylvania Directions: Wilkinson Tree Barn; Barn Blue Ridge Parkway Comments: range 1,000–1,400 sf.; residential, Fancy Gap VA 24328 Tract 101–30 sheds; 11+ yrs. vacant; poor conditions; Landholding Agency: Interior 4501 County Line Rd. contact Interior for more info. Property Number: 61201320041 King of Prussia PA 19406 Tract 22–121; Goff Barn Status: Excess Landholding Agency: Interior Blue Ridge Parkway Comments: 60+ yrs.-old; 100–1,100 sf.; Property Number: 61201240009 Floyd VA 24091 residential, shed; 13+ yrs. vacant; poor Status: Excess Landholding Agency: Interior conditions; significant repairs needed; Comments: 500 sf.; 7 yrs. vacant; extensive Property Number: 61201320032 contamination; contact Interior for more deterioration; hillside is used as Status: Unutilized info. stabilization; removal may be extremely Comments: 720 sf.; residential, sheds; 32+ difficult—may destroy property. Tract 30–145 yrs. vacant; poor conditions; Blue Ridge Parkway Virginia contamination. Galax VA 24333 Tract 02–103 Richardson House Tract 30–141 Landholding Agency: Interior 700 Sunken Road Blue Ridge Parkway Property Number: 61201320043 Fredericksburg VA 22401 Galax VA 24333 Status: Excess Landholding Agency: Interior Landholding Agency: Interior Directions: Ramey House 1A; House IB; Property Number: 61201320005 Property Number: 61201320033 Cellar; Wood Storage; Shed A; Tool Shed; Status: Excess Status: Excess Horse Shed; Shed B Comments: 2,324 sf; resi. 16 yrs. vacant; Directions: Lynch House; Barn w/lean-to Comments: 40–1,200 sf.; residential, shed; structurally sound; however several roof shed; canning shed; shed on East side; 10+ yrs. vacant; poor conditions;

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contamination; contact Interior for more Status: Excess Landholding Agency: Interior info. Directions: Betty Jane Adkins House; Cinder Property Number: 61201330040 Tract 01–114; Large Shed Block Bldg. Status: Excess Cedar Creek & Belle Grove National Comments: sf. varies; 7 yrs. vacant; repairs a Comments: 18,576 total sf.; log cabin (w/ Historical must; contact Interior for more details. detached garage); fair conditions; contact Park; 621 Bowman’s Mill Rd. Tract #161–37; Billy Joe Interior for more into. Middletown VA 22645 Adkins House Tract 13–177, Ogren House Landholding Agency: Interior 312 Silverbell Dr. 10035 Ogren Road Property Number: 61201340003 Terry WV 25864 Hayward WI 54843 Status: Excess Landholding Agency: Interior Landholding Agency: Interior Comments: 200 sq. ft.; 10+ yrs. vacant; poor Property Number: 61201320014 Property Number: 61201330041 conditions; wood structure; attempt to Status: Excess Status: Excess relocate will likely result in a complete Comments: overgrown by vegetation; 1,150 Comments: 1,500 sf.; residential (w/garage); collapse of the structure. sf.; 10 yrs. vacant; repairs a must; contact 12+ months vacant; fair condition; contact Interior for more details. Interior for more info. Washington New River Gorge Nat’l River Tract 04–117 Dry Falls Junction; Cafe 1303 New River Rd. 42485 Randysek Road Columbia Basin Project Hinton WV 25951 Cable WI 54821 Ephrata Field Office Landholding Agency: Interior Landholding Agency: Interior Coulee City WA Property Number: 61201320015 Property Number: 61201330044 Landholding Agency: Interior Status: Excess Status: Excess Property Number: 61201330048 Directions: Tract #102–38 Steven & Mary Pat Comments: 1,408 sf.; log cabin; 36+ months Status: Excess Duncan House; Shed #1; Shed #2 vacant; fair conditions; contact Interior for Comments: 4,455 total sq. ft.; restaurant; 36+ Comments: sf. varies; 6 yrs. vacant; more info. months vacant; renovations a must; structurally sound; contact Interior for contamination; contact Interior for more more details. Wyoming info. New River Gorge Nat’l River Quarters 96 Dry Falls Junction-Mini Mart 2319 New River Rd. Grand Teton National Park Columbia Basin Project Hinton WV 25951 Moran WY 83013 Ephrata Field Office Landholding Agency: Interior Landholding Agency: Interior Coulee City WA Property Number: 61201320017 Property Number: 61201410001 Landholding Agency: Interior Status: Excess Status: Excess Property Number: 61201330049 Directions: Tract 104–49 (Mr. & Mrs. Herron Comments: foundation damage/cracks; Status: Excess House); Shed #1; Shed #2; Carport; repairs required for use; contamination; Comments: 1,675 sq. ft.; gas station/mini- Cinderblock Bldg. contact Interior for more information. mart; 36+ months vacant; renovations a Comments: sf. varies; 4–6 yrs. vacant; must; contact Interior for more info. structurally sound; contact Interior for Unsuitable Properties Henke Triple Wide Mobile Home more details. Building 10466 Idano Rd. New River Gorge Nat’l River California Moses Lake WA Misty River Rd./Rt. 27/2 Landholding Agency: Interior Hinton WV 25951 4 Buildings Property Number: 61201340001 Landholding Agency: Interior MCB Camp Pendleton Status: Excess Property Number: 61201320018 Camp Pendleton CA 92055 Comments: 2,555 sq. ft.; residential; 3+ Status: Excess Landholding Agency: Navy months vacant; good condition; contact Directions: Tract 176–06; Glenwood Corp. Property Number: 77201420022 Interior for more info. Cabins #1, #2, & #3 Status: Excess Comments: sf. varies; 5 yrs. vacant; Directions: SS001; SS002; SS003;SS005 Henke Garage-Columbia Basin Comments: public access denied and no Project structurally sound; contact Interior for more details. alternative method to gain access without 10466 Idano Rd. compromising national security. Moses Lake WA Tract #161–05 Reasons: Secured Area. Landholding Agency: Interior Bobby Harrah House Property Number: 61201340002 Lot 9 Silverbell Dr. 3 Buildings Status: Excess Terry WV 25864 MCB Camp Pendleton Comments: 720 sq. ft.; garage/shop/well Landholding Agency: Interior Camp Pendleton CA 92005 house; 3+ months vacant; good condition; Property Number: 61201320019 Landholding Agency: Navy contact Interior for more info. Status: Excess Property Number: 77201420023 Comments: residential; 7 yrs. vacant; Status: Excess West Virginia structurally sound but uninhabitable; Directions: SS006; SS0013; SS010 Tract #105–05 repairs a must; contact Interior for more Comments: public access denied and no 3011 New River Rd. details. alternative method to gain access without Hinton WV 25951 compromising national security. Tract 161–17 Reasons: Secured Area Landholding Agency: Interior Johnny & Brenda Adkins House Property Number: 61201320007 Lot 51 Silverbell Dr. 3 Buildings Status: Excess Terry WV 25864 MCB Camp Pendleton Directions: Tommy Ray & Cynthia Mullen’s Landholding Agency: Interior Camp Pendleton CA 92055 House; Shed#1; Shed #2; carport; Cinder Property Number: 61201320022 Landholding Agency: Navy Block Utility Bldg. Status: Excess Property Number: 77201420024 Comments: sf. varies; 6 yrs. vacant; Comments: 670 sf.; residential; 10 yrs. Status: Excess structurally sound; lead, mold, & asbestos vacant; leaking roof/water damage; contact Directions: 1142; 1362; 1674 present; contact Interior for more details. Interior for more info. Comments: public access denied and no Tract #105–38 alternative method to gain access without 2901 New River Rd. Wisconsin compromising national security. Hinton WV 25951 Tract 07–149, Hanus House Reasons: Secured Area Landholding Agency: Interior 14788 W. Phipps Road 3 Buildings Property Number: 61201320012 Hayward WI 54843 MCB Camp Pendleton

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Camp Pendleton CA 92055 DEPARTMENT OF THE INTERIOR www.regulations.gov and will be Landholding Agency: Navy available by appointment, between 8:00 Property Number: 77201420025 Fish and Wildlife Service a.m. and 4:00 p.m. Monday through Status: Excess [Docket No. FWS–HQ–IA–2014–0018; Friday at the U.S. Fish and Wildlife Directions: 2242; 21401; 22143 FF09A1000 145 FXIA16710900000] Service, Division of Scientific Comments: public access denied and no Authority, 4401 N. Fairfax Drive, room alternative method to gain access without Conference of the Parties to the 110, Arlington, VA 22203; telephone compromising national security. Convention on International Trade in 703–358–1708. Reasons: Secured Area Endangered Species of Wild Fauna FOR FURTHER INFORMATION CONTACT: 2 Buildings and Flora; Seventeenth Regular Rosemarie Gnam, Chief, Division of MCB Camp Pendleton Meeting; Species Proposals for Scientific Authority; phone 703–358– Camp Pendleton CA 92055 Consideration 1708; fax 703–358–2276; email: Landholding Agency: Navy AGENCY: [email protected]. Property Number: 77201420026 Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Status: Excess Interior. Directions: 31851; 43508 ACTION: Notice. Background Comments: public access denied and no SUMMARY: We invite you to provide us The Convention on International alternative method to gain access without with information and recommendations Trade in Endangered Species of Wild compromising national security. on animal and plant species that should Reasons: Secured Area Fauna and Flora, hereinafter referred to be considered as candidates for U.S. as CITES or the Convention, is an Virginia proposals to amend Appendices I and II international treaty designed to regulate Lift Station (210) [26232] of the Convention on International international trade in certain animal and 1 Training Center Trade in Endangered Species of Wild plant species that are now, or Yorktown VA 23690 Fauna and Flora (CITES or the potentially may become, threatened Landholding Agency: Coast Guard Convention) at the upcoming with extinction. These species are listed Property Number: 88201420009 seventeenth meeting of the Conference in the Appendices to CITES, which are Status: Excess of the Parties (CoP17). Such available on the CITES Secretariat’s Web Comments: public access denied and no amendments may concern the addition site at http://www.cites.org/eng/app/ alternative method to gain access without of species to Appendix I or II, the appendices.php. compromising national security. transfer of species from one Appendix Currently, 180 countries, including Reasons: Secured Area to another or the removal of species the United States, are Parties to CITES. Lift Station (2101A) [26233] from Appendix II. Finally, with this The Convention calls for regular 1 Training Center notice, we also describe the U.S. biennial meetings of the Conference of Yorktown VA 23690 approach to preparations for CoP17. We the Parties, unless the Conference Landholding Agency: Coast Guard will publish a second Federal Register decides otherwise. At these meetings, Property Number: 88201420010 notice to solicit information and the Parties review the implementation Status: Excess recommendations on possible of CITES, make provisions enabling the Comments: public access denied and no resolutions, decisions, and agenda items CITES Secretariat in Switzerland to alternative method to gain access without for discussion at CoP17 and to provide carry out its functions, consider compromising national security. information on how to request approved amendments to the list of species in Reasons: Secured Area observer status. Appendices I and II, consider reports Unsuitable Properties DATES: We will consider all information presented by the Secretariat, and make and comments we receive on or before recommendations for the improved Land August 26, 2014. effectiveness of CITES. Any country that Hawaii ADDRESSES: You may submit comments is a Party to CITES may propose Land; 11,502 Sq. Ft. pertaining to recommendations on amendments to Appendices I and II, JBPHH animal and plant species that should be resolutions, decisions, and agenda items JBPHH HI 96860 considered as candidates for U.S. for consideration by all the Parties at the Landholding Agency: Navy proposals to amend Appendices I and II meeting. Property Number: 77201420027 of CITES at CoP17 by one of the This is our first in a series of Federal Status: Underutilized following methods: Register notices that, together with an Comments: public access denied and no • Federal eRulemaking Portal: http// announced public meeting (time and alternative method to gain access without www.regulations.gov. Follow the place to be announced), provide you compromising national security. instructions for submitting comments with an opportunity to participate in the Reasons: Secured Area on Docket No. FWS–HQ–IA–2014–0018 development of the U.S. submissions to, [FR Doc. 2014–14704 Filed 6–26–14; 8:45 am] (the docket number for this notice). and negotiating positions for, the • U.S. mail or hand-delivery: Public seventeenth regular meeting of the BILLING CODE 4210–67–P Comments Processing, Attn. FWS–HQ– Conference of the Parties to CITES IA–2014–0018; Division of Policy and (CoP17). Our regulations governing this Directives Management; U.S. Fish and public process are found in title 50 of Wildlife Service; 4401 N. Fairfax Drive, the Code of Federal Regulations (CFR) at MS 2042–PDM; Arlington VA 22203. § 23.87. We will not consider comments sent by email or fax, or to an address not Announcement of the Seventeenth listed in the ADDRESSES section. Meeting of the Conference of the Parties Comments and materials we receive in We hereby notify you of the response to this notice will be posted for convening of CoP17, which is public inspection on http:// tentatively scheduled to be held in

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South Africa, in 2016, at a venue city preventing illegal, unregulated trade, geographically separate population and date to be determined. especially if the United States is a major thereof.’’ Each species for which trade is importer. These species will be controlled under CITES is included in U.S. Approach for CoP17 prioritized based on the extent of trade one of three Appendices, either as a What are the priorities for U.S. and status of the species, and also the separate listing or incorporated within submissions for species proposals to role the species play in the ecosystem, the listing of a higher taxon. The basic CoP17? with emphasis on those species for standards for inclusion of species in the Priorities for U.S. submissions to which a CITES listing would offer the Appendices are contained in Article II CoP17 continue to be consistent with greatest conservation benefits to the of CITES (text of the Convention is on the overall objective of U.S. species, associated species, and their the CITES Secretariat’s Web site at participation in the Convention: To habitats. http://www.cites.org/eng/disc/text.php). (3) Does the proposed action provide Appendix I includes species threatened maximize the effectiveness of the additional conservation benefit for a with extinction that are or may be Convention in the conservation and species already covered by another affected by trade. Appendix II includes sustainable use of species subject to international agreement? The United species that, although not necessarily international trade. With this in mind, States will consider the listing of such now threatened with extinction, may we plan to consider the following a species under CITES when it would become so unless trade in them is factors in determining what issues to enhance the conservation of the species strictly controlled. Appendix II also lists submit for inclusion in the agenda at by ensuring that international trade is species that must be subject to CoP17: effectively regulated and not regulation in order that trade in other (1) Does the proposed action address detrimental to the survival of the CITES-listed species may be brought a serious wildlife or plant trade issue species. under effective control. Such listings that the United States is experiencing as usually are necessary because of a range country for species in trade? Request for Information and difficulty inspectors have at ports of Since our primary responsibility is the Recommendations for Amending entry or exit in distinguishing one conservation of our domestic wildlife Appendices I or II species from other species. Because resources, we will give native species The purpose of this notice is to solicit Appendix III includes only species that the highest priority. We will place information and recommendations that any Party may list unilaterally, we are particular emphasis on terrestrial and will help us identify species that the not seeking input on possible U.S. freshwater species with the majority of United States should propose for Appendix-III listings with this notice, their range in the United States and its addition to, removal from, or and we will not consider or respond to territories that are or may be traded in reclassification in the CITES comments received concerning significant numbers; marine species that Appendices, or to identify issues Appendix-III listings. occur in U.S. waters or for which the warranting attention by the CITES CITES specifies that international United States is a major trader; and specialists on zoological and botanical trade in any readily recognizable parts threatened and endangered species for nomenclature. This request is not or derivatives of animals listed in which we and other Federal and State limited to species occurring in the Appendices I or II, or plants listed in agencies already have statutory United States. Any Party may submit Appendix I, is subject to the same responsibility for protection and proposals concerning animal or plant conditions that apply to trade in the recovery. We also consider CITES species occurring in the wild anywhere whole organisms. With certain standard listings as a proactive measure to in the world. We encourage the exclusions formally approved by the monitor and manage trade in native submission of information on any Parties, the same applies to the readily species to preclude the need for the species for possible inclusion in the recognizable parts and derivatives of application of stricter measures, such as Appendices if these species are subject most plant species listed in Appendix II. listing under the Endangered Species to international trade that is, or may Parts and derivatives often not included Act of 1973, as amended (16 U.S.C. 1531 become, detrimental to the survival of (i.e., not regulated) for Appendix-II et seq.), or inclusion in CITES Appendix the species. We also encourage you to plants are: seeds, spores, pollen I. keep in mind the U.S. approach to (including pollinia), and seedlings or (2) Does the proposed action address CoP17, described above in this notice, tissue cultures obtained in vitro and a serious wildlife or plant trade issue for when considering what species the transported in sterile containers. You species not native to the United States? United States should propose for may refer to the CITES Appendices on As a major importer of wildlife, plants, inclusion in the Appendices. the Secretariat’s Web site at http:// and their products, the United States We are not necessarily requesting www.cites.org/eng/app/index.php for has taken responsibility, by working in complete proposals, but they are always further exceptions and limitations. close consultation with range countries, welcome. However, we are asking you In 1994, the CITES Parties adopted for addressing cases of potential over- to submit convincing information criteria for inclusion of species in exploitation of foreign species in the describing: (1) The status of the species, Appendices I and II (Resolution Conf. wild. In some cases, the United States especially trend information; (2) 9.24 (Rev. CoP16)). These criteria apply may not be a range country or a conservation and management programs to all listing proposals and are available significant trading country for a species, for the species, including the from the CITES Secretariat’s Web site at but we will work closely with other effectiveness of enforcement efforts; and http://www.cites.org/eng/res/index.php countries to conserve species being (3) the level of international as well as or upon request from the Division of threatened by unsustainable domestic trade in the species, especially Scientific Authority at exploitation for international trade. We trend information. You may also [email protected], or via mail will consider CITES listings for species provide any other relevant information, from, CITES Division of Scientific not native to the United States if those and we appreciate receiving a list of Authority, 4401 North Fairfax Drive, listings will assist in addressing cases of references. Suite 110, Arlington, Virginia 22203. known or potential over-exploitation of The term ‘‘species’’ is defined in Resolution Conf. 9.24 (Rev. CoP16) also foreign species in the wild, and in CITES as ‘‘any species, subspecies, or provides a format for proposals to

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amend the Appendices. This are included in the U.S. approach to States to the CITES Secretariat for information is also available upon CoP17, described above in this notice. consideration at CoP17. request from the Division of Scientific We will carefully consider all factors of Through a series of additional notices Authority at ScientificAuthority@ the U.S. approach when deciding which and Web site postings in advance of fws.gov, or via mail from CITES Division species the United States should CoP17, we will inform you about of Scientific Authority, 4401 North propose for inclusion in the preliminary negotiating positions on Fairfax Drive, Suite 110, Arlington, Appendices. resolutions, decisions, and amendments Virginia 22203. We will consult range countries for to the Appendices proposed by other foreign species, and for species we share Parties for consideration at CoP17, and What information should be submitted? with other countries, after receiving and about how to obtain observer status In response to this notice, to provide analyzing the information provided by from us. We will also publish an us with information and the public in response to this notice as announcement of a public meeting recommendations on species subject to well as other information available to tentatively to be held approximately 3 international trade for possible us. months prior to CoP17; that meeting proposals to amend the Appendices, One important function of the CITES will enable us to receive public input on please include as much of the following Scientific Authority of each Party our positions regarding CoP17 issues. information as possible in your country is monitoring the international The procedures for developing U.S. submission: trade in plant and animal species, and documents and negotiating positions for (1) Scientific name and common ongoing scientific assessments of the a meeting of the Conference of the name; impact of that trade on species. For Parties to CITES are outlined in 50 CFR (2) Population size estimates native U.S. species listed in Appendices 23.87. As noted, we may modify or (including references if available); I and II, we monitor trade and export suspend the procedures outlined there if (3) Population trend information; permits authorized so that we can they would interfere with the timely or (4) Threats to the species (other than prevent over-utilization and restrict appropriate development of documents trade); exports if necessary. We also work for submission to the CoP and of U.S. (5) The level or trend of international negotiating positions. trade (as specific as possible but without closely with the States to ensure that a request for new searches of our species are correctly listed in the CITES Author records); Appendices (or not listed, if a listing is not warranted). For these reasons, we The primary author of this notice is (6) The level or trend in total take Jon Siemien, Division of Scientific from the wild (as specific as reasonable); actively seek information about U.S. and foreign species subject to international Authority, U.S. Fish and Wildlife and Service. (7) A short summary statement clearly trade. presenting the rationale for inclusion in, Future Actions Authority or removal or transfer from, one of the The authority for this action is the As stated above, the next regular Appendices, including which of the Endangered Species Act of 1973, as meeting of the Conference of the Parties criteria in Resolution Conf. 9.24 (Rev. amended (16 U.S.C. 1531 et seq.). (CoP17) is tentatively scheduled to be CoP16) are met. Dated: May 20, 2014. If you wish to submit more complete held in South Africa, in 2016. The proposals for us to consider, please United States must submit any Rowan W. Gould, consult Resolution Conf. 9.24 (Rev. proposals to amend Appendix I or II, or Acting Director. CoP16) for the format for proposals and any draft resolutions, decisions, or [FR Doc. 2014–15024 Filed 6–26–14; 8:45 am] a detailed explanation of each of the agenda items for discussion at CoP17, to BILLING CODE 4310–55–P categories. Proposals to transfer a the CITES Secretariat 150 days prior to species from Appendix I to Appendix II, the start of the meeting. In order to meet or to remove a species from Appendix this deadline and to prepare for CoP17, DEPARTMENT OF THE INTERIOR we have developed a tentative U.S. II, must also be in accordance with the Fish and Wildlife Service precautionary measures described in schedule. Annex 4 of Resolution Conf. 9.24 (Rev. We plan to publish a Federal Register [FWS–R8–MB–2014–N098; CoP16). notice approximately 15 months prior to FXMB12320100000P2–123–FF01M01000] CoP17; in that notice, we intend to What will we do with the information we request potential resolutions, decisions, Golden Eagles; Programmatic Take receive? and agenda items for discussion at Permit Decision; Finding of No The information that you submit will CoP17, and to announce the tentative Significant Impact of Final help us decide if we should submit, or species proposals that the United States Environmental Assessment; Shiloh IV co-sponsor with other Parties, a is considering submitting for CoP17 and Wind Project, Solano County, proposal to amend the CITES solicit further information and California Appendices. However, there may be comments on them. AGENCY: Fish and Wildlife Service, species that might qualify for CITES Approximately 9 months prior to Interior. CoP17, we plan to publish a Federal listing but for which we may decide not ACTION: Notice of availability. to submit a proposal to CoP17. Our Register notice announcing proposed decision will be based on a number of resolutions, decisions, and agenda items SUMMARY: The U.S. Fish and Wildlife factors, including available scientific the United States is considering Service announces the availability of a and trade information; whether or not submitting for CoP17. Finding of No Significant Impact the species is native to the United Approximately 4 months prior to (FONSI) and final Environmental States; and for foreign species, whether CoP17, we will post on our Web site an Assessment (FEA) under the National or not a proposal is supported or co- announcement of the species proposals, Environmental Policy Act (NEPA) for sponsored by at least one range country draft resolutions, draft decisions, and the issuance of a take permit for golden for the species. These factors and others agenda items submitted by the United eagles pursuant to the Bald and Golden

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Eagle Protection Act (Eagle Act), in Eagle Conservation Plan (ECP) as the three topic areas of the FEA based on association with the operation of the foundation of the applicant’s permit these comments. First, under the Shiloh IV Wind Project in Solano application, as well as a Bird and Bat adaptive management process, we County, California. The FEA was Conservation Strategy (BBCS). The ECP clarified that the TAC was intended to prepared in response to an application and BBCS describe actions taken and include only Service staff as overseers of from Shiloh IV Wind Project, LLC proposed future actions to avoid, the permit. We added more detailed (applicant), an affiliate of EDF minimize, and mitigate adverse effects information on the compensation Renewable Development, Incorporated, on eagles, birds, and bats. program (utility electric pole for a 5-year programmatic take permit We prepared this FEA to evaluate the retrofitting) and the resource for golden eagles under the Eagle Act. impacts of several alternatives equivalency analysis process used to The applicant will implement a associated with this permit application calculate compensation. We also conservation program to avoid, for compliance with our Eagle Act expanded our discussion of climate minimize, and compensate for the permitting regulations in the Code of change with respect to its potential project’s impacts to eagles, as described Federal Regulations (CFR) at 50 CFR effects to eagles. After considering the in the applicant’s Eagle Conservation 22.26, as well as impacts of comments, and in light of the record, we Plan (ECP). We solicited comments on implementation of the supporting ECP, determined that neither substantial the draft Environmental Assessment which is included as an appendix to the revisions nor a new analysis are (Draft EA) and have reviewed those FEA. required for the FEA. Detailed responses comments in the course of preparing our Public Comments on the Draft EA to specific comments are included in findings for this project. Based on the the FONSI (Attachment 2). FEA the Service concludes that a We invited public comment on the Decision Finding of No Significant Impact Draft EA. In response, we received 32 comment letters: One from the U.S. (FONSI) is appropriate. Based on the The Service has selected Alternative Environmental Protection Agency, 3 FONSI and findings we prepared 3, issuance of a 5-year permit based on from Native American tribes, 6 from associated with the permit application, the applicant’s ECP with additional nongovernmental organizations (NGOs), we intend to issue the permit after 30 mitigation and monitoring, and has and 22 from the general public. Three days. determined that a Finding of No NGO comment letters combined Significant Impact (FONSI) is ADDRESSES: Obtaining Documents: You comments from multiple organizations, appropriate for this action. Based on the may download copies of the FONSI, the first letter representing two FONSI and findings prepared associated FEA, our Response to Comments on the environmental groups, the second with the permit application, we intend Draft EA, and the Final ECP for Shiloh representing six environmental groups, to issue a permit after 30 days. IV Wind Project on the Internet at and the third representing two industry http://www.fws.gov/cno/conservation/ associations. In total, the 32 comment Authority migratorybirds.html. Alternatively, you letters contained approximately 125 We provide this notice under Section may use one of the methods below to individual comments. These comments 668a of the Eagle Act (16 U.S.C. 668– request a CD–ROM of the document. generally fell under one of five main • _ 668c) and NEPA regulations (40 CFR Email: ShilohIV comments@ categories: (1) Effects (addressing a 1506.6). fws.gov. variety of issues including age of the Dated: June 19, 2014. • U.S. Mail: Heather Beeler, birds killed, number of fatalities, local Migratory Bird Program, U.S. Fish and population effects, cumulative effects, Alexandra Pitts, Wildlife Service, Pacific Southwest other sources of fatalities, and overall Deputy Regional Director, Pacific Southwest, Regional Office, 2800 Cottage Way, W– population numbers), (2) advanced Sacramento, California. 2605, Sacramento, CA 95825. conservation practices (ACPs) [FR Doc. 2014–14953 Filed 6–26–14; 8:45 am] • Fax: Heather Beeler, Migratory Bird (addressing the Technical Advisory BILLING CODE 4310–55–P Program; Fax: 916–414–6486, Attn: Committee (TAC), seasonal shutdowns, Shiloh IV FONSI. transparency of the process and future FOR FURTHER INFORMATION CONTACT: ACPs, project design, and seasonal DEPARTMENT OF THE INTERIOR Heather Beeler, Migratory Bird Program, curtailment), (3) mitigation (addressing Fish and Wildlife Service at the address shown above or at (916) methods for calculating mitigation 414–6651 (telephone). requirements, monitoring of retrofits, [FWS–R5–R–2014–N078; BAC–4311–K9] SUPPLEMENTARY INFORMATION: location of retrofits, biological value of retrofits, and additional alternative Monomoy National Wildlife Refuge, Introduction measures, such as using new Chatham, MA; Draft Comprehensive The U.S. Fish and Wildlife Service technologies, capturing and relocating Conservation Plan and Environmental evaluated an application under the Bald eagles, and promoting establishment of Impact Statement and Golden Eagle Protection Act (16 new eagle nests), (4) monitoring and AGENCY: Fish and Wildlife Service, U.S.C. 668a–d; Eagle Act) for a reporting (addressing frequency and Interior. programmatic golden eagle (Aquila length of the monitoring program, the ACTION: Notice of availability; extension chrysaetos) take permit from the Shiloh reporting system, study design, and the of public comment period. IV Wind Project LLC, (applicant) an desire to have third-party verification), affiliate of EDF Renewable or (5) general comments about the SUMMARY: We, the U.S. Fish and Development, Incorporated, for a 5-year permitting program (including Wildlife Service (Service), advise the programmatic take permit for golden comments opposing the issuance of an public that we are extending the public eagles. The Shiloh IV Wind Project is an eagle take permit). review and comment period for the draft operational wind facility in the Overall, the comments raised issues comprehensive conservation plan (CCP) Montezuma Hills Wind Resource Area regarding the opportunities and and environmental impact statement (WRA) within Solano County, challenges associated with issuing eagle (EIS) for Monomoy National Wildlife California. The application includes an take permits. We made minor changes to Refuge (NWR).

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DATES: To ensure consideration, we personal identifying information in your • Web site: http://www.blm.gov/nv/st/ must receive your written comments by comment, you should be aware that en/fo/wfo.html. October 10, 2014. We will hold public your entire comment—including your • Email: [email protected]. Include meetings during the public comment personal identifying information—may Coeur Rochester Mine EIS Comments in period. In addition, we will use special be made publicly available at any time. the subject line. mailings, newspaper articles, Web site While you can ask us in your comment • Fax: (775) 623–1503. postings, and other media to withhold your personal identifying • Mail: BLM Winnemucca District, announcements to inform people of information from public review, we Humboldt River Field Office 5100 E. opportunities for input, including cannot guarantee that we will be able to Winnemucca Blvd., Winnemucca, NV details on when and where public do so. 89445. Documents pertinent to this proposal meetings will occur. Dated: June 10, 2014. ADDRESSES: Send your comments or may be examined at the Humboldt River Deborah Rocque, Field Office. requests for more information by any Acting Regional Director, Northeast Region. one of the following methods: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–15129 Filed 6–26–14; 8:45 am] • Email: [email protected]. Kathleen Rehberg, Project Lead, Include ‘‘Monomoy NWR Draft CCP/ BILLING CODE 4310–55–P telephone 775–623–1500; address BLM EIS’’ in the subject line of the message. Winnemucca District, Humboldt River • Field Office, 5100 E. Winnemucca Fax: Attention: Libby Herland, DEPARTMENT OF THE INTERIOR Project Leader, 978–443–2898. Blvd., Winnemucca, NV 89445; email • U.S. Mail: Attention: Libby Bureau of Land Management [email protected]. Contact Ms. Rehberg Herland, Project Leader, Eastern to have your name added to our mailing Massachusetts National Wildlife Refuge [LLNVW0000.L5110000.GN0000. list. Persons who use a Complex, 73 Weir Hill Road, Sudbury, LVEMF1402860.14X; MO# 4500065213] telecommunications device for the deaf MA 01776. (TDD) may call the Federal Information • In-Person Drop Off: You may drop Notice of Intent To Prepare an Relay Service (FIRS) at 1–800–877–8339 off comments during regular business Environmental Impact Statement for to contact the above individual during hours at the above address. the Proposed Coeur Rochester Mine normal business hours. The FIRS is You will find the draft CCP/EIS, an Plan of Operations Amendment 10, available 24 hours a day, 7 days a week, Executive Summary, as well as Pershing County, NV to leave a message or question with the information about the planning process, above individual. You will receive a AGENCY: Bureau of Land Management, on the refuge’s Web site: http:// reply during normal business hours. Interior. www.fws.gov/refuge/monomoy/what_ SUPPLEMENTARY INFORMATION: The we_do/conservation.html. ACTION: Notice of intent. applicant, Coeur Rochester, Inc., has FOR FURTHER INFORMATION CONTACT: SUMMARY: In compliance with the requested an expansion of their Libby Herland, 978–443–4661, x 11. National Environmental Policy Act of operations at the existing Coeur SUPPLEMENTARY INFORMATION: 1969, as amended (NEPA), and the Rochester Mine, which is located approximately 18 miles northeast of Introduction Federal Land Policy and Management Act of 1976, as amended, the Bureau of Lovelock, Nevada, in the Humboldt On April 10, 2014, we published a Land Management (BLM) Humboldt Range, Pershing County. The mine is Federal Register notice (79 FR 19920) River Field Office, Winnemucca, currently authorized up to a disturbance announcing the availability of the draft Nevada, intends to prepare an of 1,930 acres (approximately 189 acres CCP/EIS for Monomoy NWR for public Environmental Impact Statement (EIS) of private land and 1,741 acres of public review and comment in accordance and by this notice is announcing the land), which was permitted under a with National Environmental Policy Act beginning of the scoping process to series of Environmental Assessments (40 CFR 1506.6(b)) requirements. We solicit public comments and identify (EA N26–86–002P, February 1986; EA originally opened the comment period issues. NV–020–99–12, February 1999; NV– from April 10, 2014, to June 9, 2014. We 020–01–06, December 2000; EA NV– are extending the public comment DATES: This notice initiates the public 020–01–06, February 2002; EA NV–020– period until October 10, 2014, in scoping process for the EIS. Comments 03–13, August 2003; DOI–BLM–NV– response to requests we have received on issues may be submitted in writing W010–2010–0010–EA, October 2010). from town of Chatham officials and until July 28, 2014 The date(s) and Proposed changes to their operations local residents. For more information on location(s) of any scoping meetings will presented under this Plan of Operations the draft CCP/EIS and the planning be announced at least 15 days in modification would encompass 531 process we followed, please see the advance through local media, acres, of which 157 acres are already April 2014 notice. newspapers and the BLM Web site at: disturbed. A total of 348 acres of new http://www.blm.gov/nv/st/en/fo/ disturbance is proposed on public land, Public Involvement wfo.html. In order to be included in the as well as 26 acres on private land. All We will give the public an Draft EIS, all comments must be proposed disturbance would be within opportunity to provide input at public received prior to the close of the 30-day the existing approved Plan boundary meetings. You can obtain the schedule scoping period or 15 days after the last and includes the following: an from the addresses or Web site listed in public meeting, whichever is later. We approximately 67-acre expansion to the this notice (see ADDRESSES). You may will provide additional opportunities existing Stage IV Heap Leach Pad (HLP); also submit written comments anytime for public participation upon an increase of the allowable maximum during the public comment period. publication of the Draft EIS. Stage IV HLP stacking height from 330 ADDRESSES: You may submit comments feet to 400 feet; construction of a 124- Public Availability of Comments related to the Coeur Rochester Mine acre Stage V HLP with associated ponds Before including your address, phone Plan of Operations Amendment 10 by and tank; relocation of a portion of the number, email address, or other any of the following methods: American Canyon public access road

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and establishment of an associated The BLM will consult with Indian ADDRESSES: Those attending in person Right-of-Way (ROW); relocation of a tribes on a government-to-government must meet at the Home2 Suites, Summit portion of the paved Rochester main basis in accordance with Executive Conference Room, 3051 W. Club House access road ROW; realignment of the Order 13175 and other policies. Tribal Drive, Lehi, Utah 84043. Stage IV haul road and construction of concerns, including impacts on Indian FOR FURTHER INFORMATION CONTACT: If secondary access roads; relocation of trust assets and potential impacts to you wish to listen to the teleconference, existing power lines consistent with the cultural resources, will be given due orally present material during the proposed ROW realignments and HLP consideration. Federal, State, and local teleconference, or submit written construction; relocation of the electrical agencies, along with tribes and material for the RAC/RecRAC to building, core shed, and production stakeholders that may be interested in or consider during the teleconference, well PW–2a; excavation of new borrow affected by the proposed Coeur please notify Sherry Foot, Special areas and construction of one new Rochester Mine Plan of Operations Programs Coordinator, Bureau of Land growth medium stockpile; installation Amendment 10 that the BLM is Management, Utah State Office, 440 of the Stage IV HLP conveyor system, evaluating, are invited to participate in West 200 South, Suite 500, Salt Lake associated load out points, ore the scoping process and, if eligible, may City, Utah 84101; phone (801) 539– stockpiles, maintenance road, and request or be requested by the BLM to 4195; or, [email protected] no later than utility corridor, including process participate in the development of the Monday, Aug. 11, 2014. solutions and fresh water supply environmental analysis as a cooperating SUPPLEMENTARY INFORMATION: Agenda pipelines; and changes to closure agency. activities for existing facilities including topics will consist of introduction of Before including your address, phone new members; an overview of BLM- altering the open pit safety berm sizes; number, email address, or other HLP interim fluid management plans; Utah issues; planning updates for the personal identifying information in your Greater sage- grouse, City Cedar and St. HLP cover designs; the installation of comment, you should be aware that evaporation cells (E-Cells); and long- George; discussion on the Special your entire comment—including your Recreation Permit Application Fee term draindown management. personal identifying information—may The purpose of the public scoping Proposal; and an overview on BLM-Utah be made publicly available at any time. Wild Horse and Burro program. process is to determine relevant issues While you can ask us in your comment that will influence the scope of the The RecRAC will listen to three fee to withhold your personal identifying presentations from the Uinta-Wasatch- environmental analysis, including information from public review, we alternatives, and guide the process for Cache National Forest on 11 new cabin cannot guarantee that we will be able to rentals, Mirror Lake Scenic Byway developing the EIS. At present, the BLM do so. has identified the following preliminary Recreation Area, and the American Fork issues: (a) The potential to create acid Authority: 40 CFR 1501.7. Canyon/Alpine Loop Recreation Area. rock drainage or heavy metals from Victor W. Lozano, A half-hour public comment period will take place from 3:00–3:30 p.m. The mining activities, and ensuring that Field Manager, Humboldt River Field Office. there is no degradation of waters of the meeting is open to the public; however, [FR Doc. 2014–15163 Filed 6–26–14; 8:45 am] state or undue or unnecessary transportation, lodging, and meals are degradation of public lands; (b) BILLING CODE 4310–HC–P the responsibility of the participating Potential impacts to wildlife habitat; individuals. The conference call will be recorded and (c) Potential impacts to cultural DEPARTMENT OF THE INTERIOR sites. for purposes of minute-taking. Persons The BLM will analyze a combination Bureau of Land Management who use a telecommunications device of proposed environmental measures for the deaf (TDD) may call the Federal and possible mitigation to eliminate or [14X 1109AF LLUT980300– Information Relay Service (FIRS) at 1– minimize any impacts associated with L11500000.PH0000–24–1A] 800–877–8339 to leave a message or the proposed action. This could include question for the above individual. The the potential of identifying Utah Resource Advisory Council/ FIRS is available 24 hours a day, seven opportunities to apply mitigation Recreation Resource Advisory Council days a week. Replies are provided hierarchy strategies for on-site, regional, Meeting/Conference Call during normal business hours. and compensatory mitigation Authority: 43 CFR 1784.4–1. appropriate to the size of the proposal AGENCY: Bureau of Land Management, and management actions to achieve Interior. Juan Palma, resource objectives. ACTION: Notice of meeting/conference State Director. The BLM will use NEPA public call. [FR Doc. 2014–15045 Filed 6–26–14; 8:45 am] participation requirements to assist the BILLING CODE 4310–DQ–P agency in satisfying the public SUMMARY: In accordance with the involvement requirements under Federal Land Policy and Management Section 106 of the National Historic Act, the Federal Advisory Committee DEPARTMENT OF THE INTERIOR Preservation Act (NHPA) (16 U.S.C. Act, and the Federal Lands Recreation 470(f)) pursuant to 36 CFR 800.2(d)(3). Enhancement Act, the Bureau of Land Bureau of Land Management The information about historic and Management’s (BLM) Utah Resource cultural resources within the area Advisory Council (RAC)/Recreation [14X 1109AF LLUT030000–L17110000– potentially affected by the proposed Resource Advisory Council (RecRAC) PH0000–24–1A] will host a meeting/conference call. Coeur Rochester Mine Plan of Notice of Grand Staircase-Escalante Operations Amendment 10 will assist DATES: The BLM-Utah RAC/RecRAC National Monument Advisory the BLM in identifying and evaluating will host a meeting/conference call on Committee Meeting impacts to such resources in the context Wednesday, Aug. 13, 2014, from 8:30 of both NEPA and Section 106 of the a.m.–5:00 p.m., Mountain Daylight AGENCY: Bureau of Land Management, NHPA. Time. Interior.

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ACTION: Notice. outdated. The MMP that became DEPARTMENT OF THE INTERIOR effective in February 2000 did not SUMMARY: In accordance with the address most of the prior livestock Bureau of Reclamation Federal Land Policy and Management grazing decisions. This Plan Act (FLPMA) and the Federal Advisory [RR06230000, 14XR0680A1, Amendment will allow the integration Committee Act of 1972 (FACA), the RN076949980000501] of livestock and rangeland management Department of the Interior, Bureau of with the other resources in the MMP. Notice of Availability of the Northwest Land Management (BLM), Grand Area Water Supply Project Draft Staircase-Escalante National Monument The planning area consists of about Supplemental Environmental Impact Advisory Committee (GSENMAC) will 2.1 million acres of land which includes Statement; Burke, Bottineau, Divide, meet as indicated below. lands in the GSENM and non- McHenry, McLean, Mountrail, Pierce, DATES: The GSENMAC will meet monument lands administered by Renville, Ward, and Williams Counties, Tuesday, July 29, 2014, (1 p.m.–6:00 GSENM. The GSENM administers North Dakota p.m.) and Wednesday, July 30, 2014, (8 livestock grazing on lands managed by a.m.–12 p.m.) in Kanab, Utah. the National Park Service within Glen AGENCY: Bureau of Reclamation, ADDRESSES: The Committee will meet in Canyon National Recreation Area, as Interior. the Cottonwood Room at the Bureau of well as, lands within BLM’s Kanab and ACTION: Notice. Land Management Complex, 669 South Arizona Strip Field Offices through SUMMARY: The Bureau of Reclamation Highway 89A, Kanab, Utah. intra-agency agreements. Additional has completed the Northwest Area FOR FURTHER INFORMATION CONTACT: topics include the formation of a Water Supply Project Draft Larry Crutchfield, Public Affairs Officer, LGMPA/AEIS subcommittee; GSENM Supplemental Environmental Impact Grand Staircase-Escalante National division reports; and future meeting Statement (Draft SEIS). It is now Monument, Bureau of Land dates and other matters as may available for public review and Management, 669 South Highway 89A, reasonably come before the GSENMAC. comment. The Draft SEIS describes the Kanab, Utah 84741; phone (435) 644– The entire meeting is open to the potential environmental effects of the 1209. Persons who use a public. Members of the public are No Action Alternative and four action telecommunications device for the deaf welcome to address the Committee at alternatives to complete the Project, (TDD) may call the Federal Information 5:00 p.m., local time, on July 29, 2014, which would provide a reliable high Relay Service (FIRS) at 1–800–877–8339 and at 12:00 p.m., local time, on July 30, quality water supply to local to leave a message or question for the communities and rural water systems in above individual. The FIRS is available 2014. Depending on the number of persons wishing to speak, a time limit northwestern North Dakota, including 24 hours a day, seven days a week. the City of Minot. Cooperating agencies Replies are provided during normal could be established. Interested persons may make oral statements to the assisting in the preparation of the Draft business hours. SEIS include the U.S. Army Corps of GSENMAC during this time or written SUPPLEMENTARY INFORMATION: The 15- Engineers, U.S. Environmental statements may be submitted for the member GSENMAC was appointed by Protection Agency, North Dakota State GSENMAC’s consideration. Written the Secretary of the Interior on August Water Commission, City of Minot, and 2, 2011, pursuant to the Monument statements can be sent to: Grand Garrison Diversion Conservancy Management Plan (MMP), the Federal Staircase-Escalante National Monument, District. Land Policy and Management Act of Attn: Larry Crutchfield, 669 South DATES: Send written comments on the 1976 (FLPMA), and the Federal Highway 89A, Kanab, Utah 84741. Draft SEIS on or before August 11, 2014. Advisory Committee Act of 1972 Information to be distributed to the One public hearing will be held on (FACA). As specified in the MMP, the GSENMAC is requested 10 days prior to the following date: GSENMAC will have several primary the start of the GSENMAC meeting. • Wednesday, July 23, 2014, 6:30 tasks: (1) Review evaluation reports All meetings are open to the public; p.m. to 8:30 p.m., Minot, North Dakota. produced by the Management Science however, transportation, lodging, and ADDRESSES: Team and make recommendations on Send written comments or meals are the responsibility of the requests for copies to Ms. Alicia Waters, protocols and projects to meet overall participating public. objectives; (2) Review appropriate Project Manager, Bureau of Reclamation, research proposals and make Authority: 43 CFR 1784.4–1. P.O. Box 1017, Bismarck, ND 58502, or via email to [email protected]. The Draft recommendations on project necessity Juan Palma, and validity; (3) Make recommendations SEIS is also accessible from the regarding allocation of research funds State Director. following Web site: http:// through review of research and project [FR Doc. 2014–15044 Filed 6–26–14; 8:45 am] www.usbr.gov/gp/dkao/naws/. The hearing location is: proposals as well as needs identified BILLING CODE 4310–DQ–P • Comfort Inn, 1515 22nd Ave. SW., through the evaluation process above; Minot, ND 58701. and, (4) Could be consulted on issues such as protocols for specific projects. FOR FURTHER INFORMATION CONTACT: Ms. One of the topics to be discussed by Alicia Waters, Project Manager, the GSENMAC during this meeting will 701.221.1206; or by email at awaters@ be the ongoing Livestock Grazing usbr.gov. Management Plan Amendment and SUPPLEMENTARY INFORMATION: The Draft Associated Environmental Impact SEIS documents the potential direct, Statement (LGMPA/AEIS). The BLM is indirect, and cumulative physical, preparing this Plan Amendment because biological, and socioeconomic the existing land use plans that provide environment effects that may result land-use level decisions for livestock from the completion of a municipal, grazing were completed in 1981 and are rural, and industrial water system in

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northwestern North Dakota. The Project Shortly thereafter, the Province of 4. Natural Resources Library, U.S. would supply water to specific delivery Manitoba filed a supplemental Department of the Interior, 1849 C Street points. Each community or rural water complaint contending the Final EIS on NW., Main Interior Building, system would be responsible for Water Treatment was insufficient. The Washington, DC 20240–0001. connecting to the distribution line and State of Missouri also filed a complaint 5. Bismarck Public Library, 515 North delivering water through their water against the U.S. Department of the 5th Street, Bismarck, ND 58501. system to end users. Interior and the U.S. Army Corps of 6. Bottineau City Hall, 115 West 6th The Draft SEIS evaluates the Engineers in the same District Court. Street, Bottineau, ND 58318. construction and operation of the The State of Missouri alleged 7. Minot Public Library, 516 2nd components required to complete the Reclamation’s Final EIS was insufficient Avenue SW., Minot, ND 58701. proposed action (i.e., the Project). The and that the Corps of Engineers failed to 8. Mohall Public Library, 115 Main purpose of the Project is to provide a complete a separate National Street West, Mohall, ND 58761. reliable source of high quality water to Environmental Policy Act assessment of 9. North Dakota State Library, 604 communities and rural water systems in the Project. These two complaints were East Boulevard Avenue, Bismarck, ND northwestern North Dakota for combined by the District Court. In 58505. municipal, rural, and industrial uses; March 2010, the court remanded the case to Reclamation and stated that the Special Assistance for the Public the Project is sized to serve projected Hearing population growth up to the year 2060. injunction imposed in 2005 remained in The water provided by the Project effect. The court’s remand focused on If special assistance is required at the would be treated to meet the primary two specific issues: (1) Cumulative public hearing, please contact Ms. drinking water standards established by impacts of water withdrawals on Lake Patience Hurley, Bureau of Reclamation, the Safe Drinking Water Act. Sakakawea and on the Missouri River, Public Affairs Office, at phurley@ Project construction began in April and (2) the consequences of transferring usbr.gov. Please notify Ms. Hurley as far 2002 after Reclamation completed an potentially invasive species into the in advance as possible to enable environmental assessment and finding Hudson Bay basin. This Draft SEIS Reclamation to secure the needed of no significant impact. The Province evaluates these issues, takes a hard look services. If a request cannot be honored, of Manitoba, Canada, filed a lawsuit in at potential impacts to other resources, the requestor will be notified. examines the purpose and need for the October 2002 against the U.S. Public Disclosure Department of the Interior in the U.S. Project, and evaluates a full range of District Court in Washington, DC. The alternatives to meet the purpose and Before including your address, phone Province challenged the adequacy of the need. number, email address, or other environmental assessment and finding The geographic scope of analysis personal identifying information in your of no significant impact and requested varies by resource but generally covers comment, you should be aware that an injunction prohibiting expenditure of the Missouri and Souris river basins. your entire comment—including your federal funds on the Project. The geographic scope for the aquatic personal identifying information—may In 2005 the U.S. District Court invasive species analysis extends into be made publicly available at any time. ordered Reclamation to revisit the Canada as directed by the court. The While you can ask us in your comment finding of no significant impact after Hudson Bay basin, which includes to withhold your personal identifying completing further environmental Canada’s Lake Winnipeg and the information from public review, we analysis. The order stated that surrounding communities, is within the cannot guarantee that we will be able to additional analyses should consider scope of study. The Lake Winnipeg area do so. potential impacts associated with not is included because the Souris River Dated: June 19, 2014. fully treating Missouri River water at its flows north into Manitoba where it John F. Soucy, meets the Assiniboine River, which source, as well as the impacts of Deputy Regional Director, Great Plains pipeline leaks and possible failure of flows into the Red River and eventually Region. terminates in Lake Winnipeg. water treatment systems. The court also [FR Doc. 2014–15106 Filed 6–26–14; 8:45 am] partially denied the plaintiff’s request Authority BILLING CODE 4310–MN–P for an injunction, allowing Project The Project was authorized by the construction to continue with some Garrison Diversion Reformulation Act of restrictions. In response to the court 1986 and the Dakota Water Resources INTERNATIONAL TRADE order, Reclamation prepared an Act of 2000 as part of the Municipal, COMMISSION environmental impact statement (EIS) Rural, and Industrial (MR&I) Grant [Investigation Nos. 701–TA–451 and 731– on water treatment in consultation with Program. other federal, tribal, state and local TA–1126–1127 (Review)] Public Review of Draft SEIS government agencies, which also Lightweight Thermal Paper From China included public input. The EIS Copies of the Draft SEIS are available and Germany; Scheduling of Full Five- evaluated a wide range of methods for for public review at the following Year Reviews treating water from Lake Sakakawea in locations: the Missouri River basin prior to 1. Bureau of Reclamation, Dakotas AGENCY: United States International conveyance of treated water via buried Area Office, 304 East Broadway Avenue, Trade Commission. pipeline to users within the Hudson Bay Bismarck, ND 58501. ACTION: Notice. basin. The EIS also evaluated 2. Bureau of Reclamation, Great Plains environmental impacts that could occur Regional Office, 2021 4th Avenue North, SUMMARY: The Commission hereby gives due to pipeline leaks and failure of the Billings, MT 59101. notice of the scheduling of full reviews water treatment systems. A Final EIS on 3. Bureau of Reclamation, Denver pursuant to section 751(c)(5) of the Water Treatment was published in 2008, Office Library, Building 67, Room 167, Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) and Reclamation signed a Record of Denver Federal Center, 6th and Kipling, (the Act) to determine whether Decision in 2009. Denver, CO 80225. revocation of the antidumping duty and

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countervailing duty orders on service list containing the names and their presentation at the hearing, as lightweight thermal paper from China addresses of all persons, or their provided in section 207.24 of the and Germany would be likely to lead to representatives, who are parties to the Commission’s rules, and posthearing continuation or recurrence of material reviews. briefs, which must conform with the injury within a reasonably foreseeable Limited disclosure of business provisions of section 207.67 of the time. The Commission has determined proprietary information (BPI) under an Commission’s rules. The deadline for to exercise its authority to extend the administrative protective order (APO) filing posthearing briefs is Monday, review period by up to 90 days pursuant and BPI service list.—Pursuant to November 10, 2014. In addition, any to 19 U.S.C. 1675(c)(5)(B). For further section 207.7(a) of the Commission’s person who has not entered an information concerning the conduct of rules, the Secretary will make BPI appearance as a party to the reviews gathered in these reviews available to these reviews and rules of general may submit a written statement of authorized applicants under the APO application, consult the Commission’s information pertinent to the subject of Rules of Practice and Procedure, part issued in the reviews, provided that the application is made by 45 days after the reviews on or before Monday, 201, subparts A through E (19 CFR part November 10, 2014. On Tuesday, 201), and part 207, subparts A, D, E, and publication of this notice. Authorized applicants must represent interested December 09, 2014, the Commission F (19 CFR part 207). will make available to parties all DATES: Effective Date: June 19, 2014. parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party information on which they have not had FOR FURTHER INFORMATION CONTACT: granted access to BPI following an opportunity to comment. Parties may Nathanael N. Comly (202–205–3174), publication of the Commission’s notice submit final comments on this Office of Investigations, U.S. of institution of the reviews need not information on or before Thursday, International Trade Commission, 500 E reapply for such access. A separate December 11, 2014, but such final Street SW., Washington, DC 20436. service list will be maintained by the comments must not contain new factual Hearing-impaired persons can obtain Secretary for those parties authorized to information and must otherwise comply information on this matter by contacting receive BPI under the APO. with section 207.68 of the Commission’s the Commission’s TDD terminal on 202– Staff report.—The prehearing staff rules. All written submissions must 205–1810. Persons with mobility report in the reviews will be placed in conform with the provisions of section impairments who will need special the nonpublic record on Wednesday, 201.8 of the Commission’s rules; any assistance in gaining access to the October 8, 2014, and a public version submissions that contain BPI must also Commission should contact the Office will be issued thereafter, pursuant to of the Secretary at 202–205–2000. conform with the requirements of section 207.64 of the Commission’s sections 201.6, 207.3, and 207.7 of the General information concerning the rules. Commission may also be obtained by Commission’s rules. The Commission’s Hearing.—The Commission will hold Handbook on E-Filing, available on the accessing its internet server (http:// a hearing in connection with the Commission’s Web site at http:// www.usitc.gov). The public record for reviews beginning at 9:30 a.m. on edis.usitc.gov, elaborates upon the these reviews may be viewed on the Thursday, October 30, 2014, at the U.S. Commission’s electronic docket (EDIS) International Trade Commission Commission’s rules with respect to at http://edis.usitc.gov. Building. Requests to appear at the electronic filing. SUPPLEMENTARY INFORMATION: hearing should be filed in writing with Additional written submissions to the Background.—On January 23, 2014, the Secretary to the Commission on or Commission, including requests the Commission determined that before Wednesday, October 22, 2014. A pursuant to section 201.12 of the responses to its notice of institution of nonparty who has testimony that may Commission’s rules, shall not be the subject five-year review were such aid the Commission’s deliberations may accepted unless good cause is shown for that a full reviews pursuant to section request permission to present a short accepting such submissions, or unless 751(c)(5) of the Act should proceed (79 statement at the hearing. All parties and the submission is pursuant to a specific FR 6218, February 3, 2014). A record of nonparties desiring to appear at the request by a Commissioner or the Commissioners’ votes, the hearing and make oral presentations Commission staff. In accordance with Commission’s statement on adequacy, should attend a prehearing conference sections 201.16(c) and 207.3 of the and any individual Commissioner’s to be held at 9:30 a.m. on Friday, Commission’s rules, each document statements are available from the Office October 24, 2014, at the U.S. filed by a party to the reviews must be of the Secretary and at the International Trade Commission served on all other parties to the reviews Commission’s Web site. Building. Oral testimony and written (as identified by either the public or BPI Participation in the reviews and materials to be submitted at the public service list), and a certificate of service public service list.—Persons, including hearing are governed by sections must be timely filed. The Secretary will industrial users of the subject 201.6(b)(2), 201.13(f), 207.24, and not accept a document for filing without merchandise and, if the merchandise is 207.66 of the Commission’s rules. a certificate of service. sold at the retail level, representative Parties must submit any request to consumer organizations, wishing to present a portion of their hearing Authority: These reviews is being participate in these reviews as parties testimony in camera no later than 7 conducted under authority of title VII of the must file an entry of appearance with business days prior to the date of the Tariff Act of 1930; this notice is published the Secretary to the Commission, as hearing. pursuant to section 207.62 of the provided in section 201.11 of the Written submissions.—Each party to Commission’s rules. Commission’s rules, by 45 days after the reviews may submit a prehearing By order of the Commission. publication of this notice. A party that brief to the Commission. Prehearing Issued: June 23, 2014. filed a notice of appearance following briefs must conform with the provisions publication of the Commission’s notice of section 207.65 of the Commission’s Jennifer D. Rohrbach, of institution of the reviews need not rules; the deadline for filing is Monday, Supervisory Attorney. file an additional notice of appearance. October 20, 2014. Parties may also file [FR Doc. 2014–15097 Filed 6–26–14; 8:45 am] The Secretary will maintain a public written testimony in connection with BILLING CODE 7020–02–P

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INTERNATIONAL TRADE 7,169,952. Id. at 20907. The ACTION: 60-Day notice. COMMISSION Commission’s notice of investigation named as respondents Beijing SUMMARY: The Department of Justice [Investigation No. 337–TA–914] Nutrichem Science and Technology (DOJ), Office on Violence Against Stock Co., Ltd., of Beijing, China; Women, will be submitting the Certain Sulfentrazone, Sulfentrazone following information collection request Compositions, and Processes for Summit Agro USA, LLC, of Cary, North Carolina; Summit Agro North America to the Office of Management and Budget Making Sulfentrazone; Notice of (OMB) for review and approval in Commission Determination Not To Holding Corporation of New York, New York; and Jiangxi Heyi Chemicals Co. accordance with the Paperwork Review an Initial Determination Reduction Act of 1995. The proposed Granting Complainant’s Motion To Ltd. of Jiujiang City, China. Id. at 20908. On May 23, 2014, FMC filed an information collection is published to Amend the Complaint and the Notice obtain comments from the public and of Investigation unopposed motion to amend the complaint and the notice of affected agencies. AGENCY: U.S. International Trade investigation to change the name of DATES: Comments are encouraged and Commission. respondent Beijing Nutrichem Science will be accepted for 60 days until ACTION: Notice. and Technology Stock Co., Ltd., to August 26, 2014. Nutrichem Co., Ltd. FMC states that FOR FURTHER INFORMATION CONTACT: If SUMMARY: Notice is hereby given that Beijing Nutrichem Science and you have additional comments the U.S. International Trade Technology Stock Co., Ltd. is the literal especially on the estimated public Commission has determined not to English translation of the company’s burden or associated response time, review an initial determination (‘‘ID’’) Chinese name, but that the company’s suggestions, or need a copy of the (Order No. 9) issued by the presiding recent response to the complaint proposed information collection administrative law judge (‘‘ALJ’’) on explained that the company’s proper instrument with instructions or May 29, 2014, granting the English-language name is Nutrichem additional information, please contact complainant’s unopposed motion to Co., Ltd. FMC contends that good cause Cathy Poston, Office on Violence amend the complaint and notice of exists to amend the complaint because Against Women, at 202–514–5430. investigation to change the name of a Nutrichem Co., Ltd. received proper SUPPLEMENTARY INFORMATION: This respondent. notice of the proceedings, and that such process is conducted in accordance with FOR FURTHER INFORMATION CONTACT: amendment is in the public interest 5 CFR 1320.10. Written comments and Robert Needham, Office of the General because the name correction will suggestions from the public and affected Counsel, U.S. International Trade prevent confusion should any remedy agencies concerning the proposed Commission, 500 E Street SW., be granted in this investigation. collection of information are Washington, DC 20436, telephone (202) On May 29, 2014, the ALJ issued the encouraged. Your comments should 708–5468. Copies of non-confidential subject ID, granting FMC’s motion to address one or more of the following documents filed in connection with this amend the complaint and the notice of four points: investigation are or will be available for investigation. The ALJ found good cause —Evaluate whether the proposed inspection during official business for granting the motion because the collection of information is necessary hours (8:45 a.m. to 5:15 p.m.) in the amendment will prevent confusion, for the proper performance of the Office of the Secretary, U.S. and, prejudice, if any, will be minimal. functions of the Office on Violence International Trade Commission, 500 E No petitions for review were filed. Against Women, including whether Street SW., Washington, DC 20436, The Commission has determined not the information will have practical telephone (202) 205–2000. General to review the subject ID. utility; information concerning the Commission The authority for the Commission’s —Evaluate the accuracy of the agency’s may also be obtained by accessing its determination is contained in section estimate of the burden of the Internet server (http://www.usitc.gov). 337 of the Tariff Act of 1930, as proposed collection of information, The public record for this investigation amended (19 U.S.C. 1337), and in part including the validity of the may be viewed on the Commission’s 210 of the Commission’s Rules of methodology and assumptions used; electronic docket (EDIS) at http:// Practice and Procedure (19 CFR part —Evaluate whether and if so how the edis.usitc.gov. Hearing-impaired 210). quality, utility, and clarity of the persons are advised that information on By order of the Commission. information to be collected can be this matter can be obtained by Issued: June 23, 2014. enhanced; and contacting the Commission’s TDD Jennifer D. Rohrbach, —Minimize the burden of the collection terminal on (202) 205–1810. Supervisory Attorney. of information on those who are to SUPPLEMENTARY INFORMATION: The [FR Doc. 2014–15055 Filed 6–26–14; 8:45 am] respond, including through the use of Commission instituted this investigation appropriate automated, electronic, BILLING CODE 7020–02–P on April 14, 2014, based on a complaint mechanical, or other technological filed by FMC Corporation (‘‘FMC’’). 79 collection techniques or other forms FR 20907–08. The complaint alleges of information technology, e.g., violations of section 337 of the Tariff DEPARTMENT OF JUSTICE permitting electronic submission of Act of 1930, as amended, 19 U.S.C. 1337 responses. (‘‘section 337’’), in the importation into [OMB Number 1122–0005] the United States, the sale for Overview of This Information Agency Information Collection Collection importation, and the sale within the Activities; Proposed eCollection United States after importation of eComments Requested; Extension of a (1) Type of Information Collection: certain sulfentrazone, sulfentrazone Currently Approved Collection Extension of a currently approved compositions, and processes for making collection. sulfentrazone, by reason of infringement AGENCY: Office on Violence Against (2) Title of the Form/Collection: Semi- of certain claims of U.S. Patent No. Women, Department of Justice. Annual Progress Report for Grants to

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Reduce Violent Crimes Against Women DEPARTMENT OF LABOR II. Granted Petitions for Modification on Campus Program (Campus Program). On the basis of the findings of Mine Safety and Health Administration (3) Agency form number, if any, and MSHA’s investigation, and as designee the applicable component of the Affirmative Decisions on Petitions for of the Secretary, MSHA has granted or Department of Justice sponsoring the Modification Granted in Whole or in partially granted the following petitions collection: Form Number: 1122–0005. Part for modification: U.S. Department of Justice, Office on • Docket Number: M–2009–049–C. Violence Against Women. AGENCY: Mine Safety and Health FR Notice: 75 FR 3256 (1/20/2010). Administration (MSHA), Labor. (4) Affected public who will be asked Petitioner: INR–WV Operating LLC, or required to respond, as well as a brief ACTION: Notice. 100 Market Street, Suite A, Man, West abstract: The affected public includes Virginia 25635. SUMMARY: Section 101(c) of the Federal Mine: Saunders Prep Plant, MSHA the approximately 100 grantees Mine Safety and Health Act of 1977 and Mine I.D No. 46–02140, located in (institutions of higher education) of the 30 CFR part 44 govern the application, Logan County, West Virginia. Campus Program whose eligibility is processing, and disposition of petitions Regulation Affected: 30 CFR 77.214(a) determined by statute. Campus Program for modification. This Federal Register (Refuse piles; general). grants may be used to enhance victim Notice notifies the public that MSHA • Docket Number: M–2012–001–C. services and develop programs to has investigated and issued a final FR Notice: 77 FR 14427 (3/9/2012). prevent violent crimes against women decision on certain mine operator Petitioner: Wolf Run Mining on campuses. The Campus Program also petitions to modify a safety standard. Company, 99 Edmiston Way, enables institutions of higher education ADDRESSES: Copies of the final decisions Buckhannon, West Virginia 26201. to develop and strengthen effective are posted on MSHA’s Web site at Mine: Imperial Mine, MSHA I.D. No. security and investigation strategies to http://www.msha.gov/indexes/ 46–09115, located in Upshur County, combat violent crimes against women petition.htm. The public may inspect West Virginia. on campuses, including domestic the petitions and final decisions during Regulation Affected: 30 CFR 75.1700 violence, dating violence, sexual normal business hours in MSHA’s (Oil and gas wells). assault, and stalking. Office of Standards, Regulations and • Docket Number: M–2012–002–C. (5) An estimate of the total number of Variances, 1100 Wilson Boulevard, FR Notice: 77 FR 14427 (3/9/2014). respondents and the amount of time Room 2349, Arlington, Virginia 22209. Petitioner: Wolf Run Mining estimated for an average respondent to All visitors must first stop at the Company, 99 Edmiston Way, respond/reply: It is estimated that it will receptionist desk on the 21st Floor to Buckhannon, West Virginia 26201. take the approximately 100 respondents sign-in. Mine: Sentinel Mine, MSHA I.D. No. (Campus Program grantees) FOR FURTHER INFORMATION CONTACT: 46–04168, located in Upshur County, approximately one hour to complete a Roslyn B. Fontaine, Office of Standards, West Virginia. semi-annual progress report. The semi- Regulations and Variances at 202–693– Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). annual progress report is divided into 9475 (Voice), [email protected] • sections that pertain to the different (Email), or 202–693–9441 (Telefax), or Docket Number: M–2013–022–C. types of activities in which grantees Barbara Barron at 202–693–9447 FR Notice: 78 FR 35977 (6/14/2013). may engage. A Campus Program grantee (Voice), [email protected] Petitioner: Paramount Coal Company Virginia, LLC, Three Gateway Center, will only be required to complete the (Email), or 202–693–9441 (Telefax). [These are not toll-free numbers]. Suite 1500, 401 Liberty Avenue, sections of the form that pertain to its Pittsburgh, Pennsylvania 15222. own specific activities. SUPPLEMENTARY INFORMATION: Mine: Deep Mine 41, MSHA I.D. No. (6) An estimate of the total public I. Introduction 44–07223, located in Dickenson County, burden (in hours) associated with the Under section 101 of the Federal Mine Virginia. collection: The total annual hour burden Safety and Health Act of 1977, a mine Regulation Affected: 30 CFR 75.1700 to complete the data collection forms is operator may petition and the Secretary (Oil and gas wells). 200 hours, that is 100 grantees of Labor (Secretary) may modify the • Docket Number: M–2013–024–C. completing a form twice a year with an application of a mandatory safety FR Notice: 78 FR 36599 (6/18/2013). estimated completion time for the form standard to that mine if the Secretary Petitioner: Wolf Run Mining being one hour. determines that: (1) An alternative Company, 99 Edmiston Way, If additional information is required method exists that will guarantee no Buckhannon, West Virginia 26201. contact: Jerri Murray, Department less protection for the miners affected Mine: Sentinel Mine, MSHA I.D. No. Clearance Officer, United States than that provided by the standard; or 46–04168, located in Barbour County, Department of Justice, Justice (2) that the application of the standard West Virginia Regulation Affected: 30 CFR 75.500(d) Management Division, Policy and will result in a diminution of safety to the affected miners. (Permissible electric equipment). Planning Staff, Two Constitution • Square, 145 N Street NE., 3E.405B, MSHA bases the final decision on the Docket Number: M–2013–025–C. petitioner’s statements, any comments Washington, DC 20530. FR Notice: 78 FR 36599 (6/18/2013). and information submitted by interested Petitioner: Wolf Run Mining Dated: June 24, 2014. persons, and a field investigation of the Company, 99 Edmiston Way, Jerri Murray, conditions at the mine. In some Buckhannon, West Virginia 26201. Department Clearance Officer for PRA, U.S. instances, MSHA may approve a Mine: Sentinel Mine, MSHA I.D. No. Department of Justice. petition for modification on the 46–04168, located in Barbour County, [FR Doc. 2014–15130 Filed 6–26–14; 8:45 am] condition that the mine operator West Virginia Regulation Affected: 30 CFR 75.507– BILLING CODE 4410–FX–P complies with other requirements noted in the decision. 1(a) (Electric equipment other than

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power-connection points; outby the last DEPARTMENT OF LABOR mandatory safety standard to a coal or open crosscut; return air; permissibility other mine if the Secretary of Labor requirements). Mine Safety and Health Administration determines that: • 1. An alternative method of achieving Docket Number: M–2013–026–C. Petitions for Modification of FR Notice: 78 FR 36600 (6/18/2013). the result of such standard exists which Application of Existing Mandatory will at all times guarantee no less than Petitioner: Wolf Run Mining Safety Standards the same measure of protection afforded Company, 99 Edmiston Way, the miners of such mine by such Buckhannon, West Virginia 26201. AGENCY: Mine Safety and Health standard; or Mine: Sentinel Mine, MSHA I.D. No. Administration, Labor. 2. That the application of such 46–04168, located in Barbour County, ACTION: Notice. standard to such mine will result in a West Virginia SUMMARY: Section 101(c) of the Federal diminution of safety to the miners in Regulation Affected: 30 CFR Mine Safety and Health Act of 1977 and such mine. 75.1002(a) (Installation of electric 30 CFR Part 44 govern the application, In addition, the regulations at 30 CFR equipment and conductors; processing, and disposition of petitions 44.10 and 44.11 establish the permissibility). for modification. This notice is a requirements and procedures for filing • Docket Number: M–2013–027–C. summary of petitions for modification petitions for modification. submitted to the Mine Safety and Health FR Notice: 78 FR 36601 (6/18/2013). II. Petitions for Modification Petitioner: North American Drillers, Administration (MSHA) by the parties 130 Meadow Ridge Road, Suite 22, listed below to modify the application Docket Number: M–2014–018–C. Mount Morris, Pennsylvania 15349. of existing mandatory safety standards Petitioner: S & J Coal Mine, Inc., 15 Mine: American Energy Corporation’s codified in Title 30 of the Code of Motter Drive, Pine Grove, Pennsylvania Century Mine, MSHA I.D. No. 33– Federal Regulations. 17963. 01070, located in Monroe County, Ohio. DATES: All comments on the petitions Mine: Slope #2 Mine, MSHA I.D. No. 36–09963, located in Schuylkill County, Regulation Affected: 30 CFR must be received by the Office of Pennsylvania. 77.1914(a) (Electrical Equipment). Standards, Regulations and Variances on or before July 28, 2014. Regulation Affected: 30 CFR • Docket Number: M–2013–035–C. ADDRESSES: You may submit your 75.1002(a) (Installation of electric FR Notice: 78 FR 55297 (9/10/2013). comments, identified by ‘‘docket equipment and conductors; Petitioner: Five Star Mining, Inc., number’’ on the subject line, by any of permissibility). 6594 West State Road 56, Petersburg, the following methods: Modification Request: The petitioner Indiana 47567. 1. Electronic Mail: zzMSHA- requests a modification of the existing Mine: Prosperity Mine, MSHA I.D. [email protected]. Include the docket standard to permit the use of No. 12–02249, located in Pike County, number of the petition in the subject nonpermissible electric drags and Indiana. line of the message. battery locomotives within 150 feet of Regulation Affected: 30 CFR 75.503 2. Facsimile: 202–693–9441. pillar workings. The petitioner asserts (Permissible electric face equipment; 3. Regular Mail or Hand Delivery: that the request is due in part to the maintenance) and 30 CFR 18.35(a)(5)(i) MSHA, Office of Standards, Regulations method of mining used in pitching (Portable trailing cables and cords). and Variances, 1100 Wilson Boulevard, anthracite mines and the alternative • Docket Number: M–2013–048–C. Room 2350, Arlington, Virginia 22209– evaluation of the mine air quality for methane on an hourly basis during FR Notice: 78 FR 69136 (11/18/2013). 3939, Attention: Sheila McConnell, Acting Director, Office of Standards, operation with one of the gas tests Petitioner: Pocahontas Coal Company, Regulations and Variances. Persons results to be recorded in the on-shift LLC, 109 Appalachian Drive, Beckley, delivering documents are required to examination record. The petitioner West Virginia 25801. check in at the receptionist’s desk on states that: Mine: Josephine No. 2 Mine, MSHA the 21st floor. Individuals may inspect (1) Equipment operation will be I.D. No. 46–07191, located in Raleigh copies of the petitions and comments suspended any time methane County, West Virginia. during normal business hours at the concentration at the equipment reaches Regulation Affected: 30 CFR 75.1101– address listed above. 0.5 percent either during operation or 1(b) Deluge-type water spray systems). MSHA will consider only comments when found during a pre-shift • Docket Number: M–2013–052–C. postmarked by the U.S. Postal Service or examination. FR Notice: 78 FR 78391 (12/26/2013). proof of delivery from another delivery (2) The equipment will be operated in Petitioner: Rosebud Mining Company, service such as UPS or Federal Express the working section’s only intake entry P.O. Box 1025, North Cambria, on or before the deadline for comments. (gangway), which is regularly traveled Pennsylvania 15714. FOR FURTHER INFORMATION CONTACT: and examined. Mine: Brush Valley Mine, MSHA I.D. Barbara Barron, Office of Standards, (3) The use of drags on less than No. 36–09437, located in Indiana Regulations and Variances at 202–693– moderate pitching veins (less than 20 County, Pennsylvania. 9447 (Voice), [email protected] degree pitch) is the only practical Regulation Affected: 30 CFR 75.503 (Email), or 202–693–9441 (Facsimile). system of mining in use. (Permissible electric face equipment; [These are not toll-free numbers.] (4) Permissible drags are not maintenance) and 30 CFR 18.35(a)(5)(i) SUPPLEMENTARY INFORMATION: commercially available, and due in part (Portable trailing cables and cords). to their small size, permissible I. Background locomotives are not commercially Sheila McConnell, Section 101(c) of the Federal Mine available. Acting Director, Office of Standards, Safety and Health Act of 1977 (Mine (5) As a result of low daily production Regulations and Variances. Act) allows the mine operator or rates and full timbering support, in- [FR Doc. 2014–15035 Filed 6–26–14; 8:45 am] representative of miners to file a rushes of methane due to massive pillar BILLING CODE 4510–43–P petition to modify the application of any falls are unlikely to occur.

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(6) Recovery of the pillars above the stopping capability in emergency The petitioner asserts that after first miner heading is usually situations. reviewing the Mine Pump Approval accomplished on the advance within (4) Operators will be trained to Lists from the MSHA Approval and 150 feet of the section intake (gangway) recognize the appropriate speeds to use Certification Center, they did not find a and the remaining minable pillars are on different roadway conditions. permissible pump that will meet the recovered from the deepest point of (5) The speed of the machine will be process requirements for this penetration outby. limited to 10 miles per hour. application. The petitioner states that: (7) The 5,000 cubic feet per minute of (6) The safety of the miners will not (1) The high-voltage three-phase required intake air flow is measured just be compromised if the machine is alternating current electric power circuit outby the nonpermissible equipment operated as described above. for the pumps will be designed and with the ventilating air passing over the The petitioner asserts that the installed to: equipment to ventilate the pillar being proposed alternative method will (a) Contain either a direct or derived mined. guarantee the same measure of neutral that will be grounded through a (8) The electrical equipment is protection to the miners as the existing suitable resistor at the source attended during operation, and either standard. transformer or power center. A power to the unit is deenergized at the Docket Number: M–2014–004–M. grounding circuit originating at the intersection of the working gangway and Petitioner: FMC Minerals Corporation, grounded side of the grounding resistor intake slope, or the equipment is moved Box 872, Green River, Wyoming 82935. will extend along with the power Mine: FMC Westvaco Mine, MSHA to that area when production ceases, conductors and serve as the grounding I.D. No. 48–00152, located in minimizing any ignition potential from conductor for the frame of the pumps Sweetwater County, Wyoming. the pillar recovery area. and all associated electric equipment Regulation Affected: 30 CFR 57.22305 that may be supplied power from this (9) Where more than one active line (Approved equipment (III mines)). of pillar breast recovery exists, the Modification Request: The petitioner circuit. Power will not be supplied to locomotive may travel to a point just requests a modification of the existing any other equipment from this circuit. outby the deepest active chute/breast standard to permit a submersible mine (b) Contain a grounding resistor that (room) workings or last open crosscut in pump installed and operated through a limits the ground-fault current to not a developing set of entries. borehole from the surface to be operated more than 15 amperes. The grounding The petitioner asserts that the in a flooded area of the mine. resistor will be rated for the maximum proposed alternative method will The petitioner states that this fault current available and will be provide the same measure of protection modification involves operating a non- insulated from the ground for a voltage as that afforded by the existing standard. permissible pump in an area of the equal to the phase-to-phase voltage of Docket Number: M–2014–019–C. mine, which was previously a shortwall the system. Petitioner: The M–Class Coal panel. (c) Contain a suitable circuit breaker Company, 11351 North Thompsonville If additional pumps need to be or vacuum contactor of adequate Road, Macedonia, Illinois 62860. installed in mine return airways in the interrupting with devices to provide Mine: M–Class Mine, MSHA I.D. No. future, the petitioner proposes to follow protection against under-voltage, 11–03189, located in Franklin County, the requirements of this modification. grounding phases, short-circuit and Illinois. The depth of the new well will overload. Regulation Affected: 30 CFR depend on the pump style, casing, and (d) Contain a disconnecting device 75.1909(b)(6) (Nonpermissible diesel- net positive suction head required. The installed in conjunction with the circuit powered equipment; design and pump will be monitored by a motor breaker to provide visual evidence that performance requirements). controller designed for submersible all power is disconnected from the Modification Request: The petitioner pumps. The existing well and pump. requests a modification of the existing submersible pump installation at the (e) Include a fail-safe ground check standard to permit an alternative Granger operation uses a protector unit circuit or other no less effective device method of compliance with respect to located between the motor and pump approved by MSHA as required by 30 the braking systems on the Getman that isolates the motor and equalizes CFR 57.12028, that will cause the circuit RDG–1504 Road Builder. The petitioner pressure, negating the possibility that breaker to open when either the ground proposes to operate the Road Builder, the oil will leak from the motor. The or the ground check wire is broken. Serial Number 7059, as it was originally pumps are used to pump oil, gas, and (f) Contain a low resistance grounding designed without brakes. The petitioner propane without any other safety medium for grounding of the lightning states that: systems. A similar pump will be used arrestor(s) of the high voltage power (1) The standard does not address for the FMC Westvaco Mine. circuits of the pump(s) that is separated equipment with more than four wheels, The petitioner asserts that because the from the pump power neutral power specifically the Getman RDG–1504 Road trona mining environment does not circuit by a distance of no less than 25 Builder with six wheels. This machine have the inherent safety hazards of coal feet. has dual brake systems on the four rear mining, the requirements from the (g) Protect all associated equipment wheels and is designed to prevent a loss Granger operation pump modification with this pump on the surface of the of braking due to a single component should provide equivalent safety mine from dust, rain, and rodents by a failure. measures for the Westvaco submersible suitable enclosure. (2) Seventy-four percent of the pump application. (2) The electric control circuit for the machine’s total weight is over the four The intent for installation of the pump will be designed and installed to: rear wheels. With the weight pump is to recover trona resources and (a) Maintain the electric connections distribution, brakes on the rear of the maintain production in the petitioner’s of the pump and pump motor under 3 machine are sufficient to safely stop the ELDM plant. Solution mining allows feet of water at all times. machine. trona resources to be safely recovered (b) Automatically deenergize the (3) Grader operators will be trained to from the surface without using pump motor when the water level falls lower the moldboard for additional underground miners to extract the trona. below 3 feet at the pump location.

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(c) Prevent the restarting of the pump PENSION BENEFIT GUARANTY Title: Generic Clearance for the motor at any time the water level is CORPORATION Collection of Qualitative Feedback on below 3 feet at the pump location. Agency Service Delivery. (3) The pump installation will be Agency Information Collection Abstract: The information collection equipped with a water level indicator Activities: Submission of Information activity will gather qualitative customer located at the pump electrical controls Collection for OMB Review; Comment and stakeholder feedback in an efficient, so that the water level at the pump can Request; Generic Clearance for the timely manner, in accordance with the be determined before the pump motor is Collection of Qualitative Feedback on Administration’s commitment to restarted. Agency Service Delivery improving service delivery. By qualitative feedback PBGC means AGENCY: Pension Benefit Guaranty (4) All high- and low-water probes information that provides useful Corporation. and float circuits associated with the insights on perceptions and opinions, pump will be MSHA-accepted ACTION: Notice of request for extension but the information requests are not intrinsically safe, and will be installed of OMB approval. statistical surveys that yield quantitative and maintained in accordance with results generalizable to the population SUMMARY: This collection of information MSHA acceptance. of interest. This feedback will provide (5) All surface installed equipment was developed as part of a Federal Government-wide effort to streamline insights into customer or stakeholder associated with the pump will be perceptions, experiences and accessible for inspection. the process for seeking feedback from the public on service delivery. Pension expectations, provide an early warning (6) A functional test will be Benefit Guaranty Corporation (‘‘PBGC’’) of issues with service, or focus attention conducted weekly for the grounded- is requesting that the Office of on areas where communication, training phase protective device(s) to determine Management and Budget (OMB) extend or changes in operations might improve if it is operating properly. A record of approval under the Paperwork delivery of products or services. These the tests will be kept for one year and Reduction Act of this collection of collections will allow for ongoing, will be made available for review by information on qualitative feedback on collaborative and actionable MSHA. PBGC’s service delivery (OMB Control communications between PBGC and its (7) Before installation and operation Number 1212–0066; expires June 30, customers and stakeholders. These of any future pumps, not including 2014). collections also allow feedback to replacement pump(s) for the pump in contribute directly to the improvement DATES: Comments must be submitted this proposed petition, the petitioner of program management. July 28, 2014. will notify the District Manager for Feedback collected under this generic approval prior to installation and ADDRESSES: Comments should be sent to clearance will provide useful operation. the Office of Information and Regulatory information, but it will not yield data Affairs, Office of Management and that can be generalized to the overall (8) Implementation of the proposed Budget, Attention: Desk Officer for population. This type of generic decision and order will not begin until Pension Benefit Guaranty Corporation, clearance for qualitative information MSHA has conducted an inspection of via electronic mail at OIRA_DOCKET@ will not be used for quantitative the pump and associated electrical omb.eop.gov or by fax to (202) 395– information collections that are installation to ensure that the terms and 6974. designed to yield reliably actionable conditions of the decision have been A copy of the request (including the results, such as monitoring trends over complied with. collection of information) is posted at time or documenting program (9) Within 60 days after this petition http://www.pbgc.gov/res/laws- performance. Such data uses require for modification is granted, the andregulations/information-collections more rigorous designs that address: petitioner will submit to the District under-omb-review.html. It may also be • The target population to which Manager proposed revisions for the obtained without charge by writing to generalizations will be made, approved 30 CFR part 48 training plan the Disclosure Division of the Office of • the sampling frame, that will specify task training for all the General Counsel of PBGC at the • the sample design (including electricians who perform electric work above address, visiting the Disclosure stratification and clustering), • on this pump. The training will include Division, faxing a request to 202–326– the precision requirements or instructions in the following elements: 4042, or calling 202–326–4040 during power calculations that justify the proposed sample size, (a) Hazards that could exist if the normal business hours. (TTY and TDD • users may call the Federal relay service the expected response rate, water level falls below the electric • methods for assessing potential connections of the pumps and pump toll-free at 1–800–877–8339 and ask to be connected to 202–326–4040.) The non-response bias, motor; and • the protocols for data collection, Disclosure Division will email, fax, or (b) Safe pump restart procedures and mail the request to you, as you request. when the water is 3 feet above the • any testing procedures that were or electric components and pump motor. FOR FURTHER INFORMATION CONTACT: Jo will be undertaken prior fielding the Amato Burns, Attorney (326–4400, ext. The petitioner asserts that adhering to study. 3072) or Catherine B. Klion, Assistant the proposed requirements in this Depending on the degree of influence General Counsel (326–4400, ext. 3041), petition for modification will guarantee the results are likely to have, such Office of the General Counsel, Pension the same measure of protection as the collections may still be eligible for Benefit Guaranty Corporation, 1200 K existing standard. submission for other generic Street NW., Washington, DC 20005, mechanisms that are designed to yield Sheila McConnell, 202–326–4400 (TTY and TDD users may quantitative results. Acting Director, Office of Standards, call the Federal relay service toll-free at PBGC is requesting that OMB extend Regulations and Variances. 1–800–877–8339 and ask to be approval the information collection for [FR Doc. 2014–15037 Filed 6–26–14; 8:45 am] connected to 202–326–4400.) another three years without change. An BILLING CODE 4510–43–P SUPPLEMENTARY INFORMATION: agency may not conduct or sponsor, and

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a person is not required to respond to, SUMMARY OF APPLICATION: Applicants appreciation with moderate volatility a collection of information unless it request an order to permit certain and low to moderate correlation to the displays a currently valid OMB control registered closed-end management broader equity markets. Applicants number. investment companies to issue multiple represent that the Initial Fund pursues Current Action: Extension of approval classes of shares and to impose asset- its investment objectives by investing, for a collection of information (OMB based distribution fees and early under normal circumstances, at least Control Number 1212–0066; expires withdrawal charges (‘‘EWCs’’). 80% of its assets in real estate and real June 30, 2014). APPLICANTS: Resource Real Estate estate related industry securities, Type of Review: Regular. Diversified Income Fund (‘‘Initial primarily in income producing equity Affected Public: Individuals and Fund’’) and Resource Real Estate, Inc. and debt securities. households. (‘‘Adviser’’). 2. The Adviser is a Delaware Estimated Annual Number of corporation and is registered as an FILING DATES: The application was filed Respondents: 1180. investment adviser under the Below are projected average annual on November 22, 2013, and amended on March 26, 2014. Investment Advisers Act of 1940. The estimates for the next three years: Adviser serves as investment adviser to Average Expected Annual Number of HEARING OR NOTIFICATION OF HEARING: the Initial Fund. Activities: Three. An order granting the requested relief 3. The Applicants seek an order to Average Number of Respondents per will be issued unless the Commission permit the Initial Fund to issue multiple Activity (varies by activity): orders a hearing. Interested persons may classes of shares, each having its own • Usability Testing: 40. request a hearing by writing to the • fee and expense structure, and to Focus Group: 90 (nine groups of ten Commission’s Secretary and serving respondents). impose asset-based distribution fees and • applicants with a copy of the request, EWCs. Customer Satisfaction Survey: 1050. personally or by mail. Frequency of Response: Once per 4. Applicants request that the order Hearing requests should be received also apply to any continuously-offered request. by the Commission by 5:30 p.m. on July Annual Responses: 1180 (based on registered closed-end management 18, 2014 and should be accompanied by one response per respondent). investment company that has been Average Time per Response (varies by proof of service on the applicants, in the previously organized or that may be activity): form of an affidavit, or, for lawyers, a organized in the future for which the • Two hours per response for certificate of service. Hearing requests Adviser or any entity controlling, Usability Testing and Focus Groups; should state the nature of the writer’s controlled by, or under common control • 15 minutes for Customer interest, the reason for the request, and with the Adviser, or any successor in Satisfaction Survey. the issues contested. Persons who wish interest to any such entity,1 acts as Burden Hours (varies by activity): to be notified of a hearing may request investment adviser and which operates • Usability Testing, 80 hours. notification by writing to the as an interval fund pursuant to rule • Focus Group, 180 hours. Commission’s Secretary. • 23c–3 under the Act or provides Customer Satisfaction Survey, 263 ADDRESSES: Secretary, U.S. Securities periodic liquidity with respect to its hours. and Exchange Commission, 100 F Street shares pursuant to rule 13e–4 under the Total: 523 hours. NE., Washington, DC 20549–1090; Securities Exchange Act of 1934 Issued in Washington, DC, this 24 day of Applicants: Resource Real Estate (‘‘Exchange Act’’) (together with the June 2014. Diversified Income Fund and Resource Initial Fund, the ‘‘Funds’’).2 Judith Starr, Real Estate, Inc., 1845 Walnut Street, 5. The Initial Fund is currently General Counsel, Pension Benefit Guaranty 18th Floor, Philadelphia, Pennsylvania making a continuous public offering of Corporation. 19103. its common shares following the [FR Doc. 2014–15096 Filed 6–26–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: effectiveness of its registration statement BILLING CODE 7709–02–P Rochelle Kauffman Plesset, Senior and that the Initial Fund anticipates that Counsel, at (202) 551–6840, or James M. it will continue its continuous public Curtis, Branch Chief, at (202) 551–6712 offering of its common shares. SECURITIES AND EXCHANGE (Division of Investment Management, Applicants state that additional COMMISSION Chief Counsel’s Office). offerings by any Fund relying on the order may be on a private placement or [Investment Company Act Release No. IC– SUPPLEMENTARY INFORMATION: The public offering basis. Shares of the 31093; File No. 812–14244] following is a summary of the Funds will not be listed on any application. The complete application securities exchange, nor quoted on any Resource Real Estate Diversified may be obtained via the Commission’s quotation medium. The Funds do not Income Fund and Resource Real Web site by searching for the file expect there to be a secondary trading Estate, Inc.; Notice of Application number, or for an applicant using the market for their shares. June 23, 2014. Company name box, at http:// 6. If the requested relief is granted, the AGENCY: Securities and Exchange www.sec.gov/search/search.htm or by Initial Fund intends to redesignate its Commission (‘‘Commission’’). calling (202) 551–8090. common shares as ‘‘Class A Shares’’ and ACTION: Notice of an application under Applicants’ Representations to continuously offer two additional section 6(c) of the Investment Company 1. The Initial Fund is a recently- Act of 1940 (the ‘‘Act’’) for an 1 A successor in interest is limited to an entity formed Delaware statutory trust that is exemption from sections 18(c) and 18(i) that results from a reorganization into another registered under the Act as a diversified, of the Act, under sections 6(c) and 23(c) jurisdiction or a change in the type of business closed-end management investment organization. of the Act for an exemption from rule company. The Initial Fund’s primary 2 Any Fund relying on this relief in the future will 23c–3 under the Act, and for an order investment objective is to produce do so in a manner consistent with the terms and pursuant to section 17(d) of the Act and conditions of the application. Applicants represent current income with a secondary rule 17d–1 under the Act. that each entity presently intending to rely on the objective to achieve long-term capital requested relief is listed as an applicant.

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classes of shares (‘‘Class I Shares’’ and open-end multiple class funds under given class and consistently with the ‘‘Class C Shares’’) with each having its Form N–1A. As is required for open-end requirements of rule 22d–1 under the own fee and expense structure. Because funds, each Fund will disclose its Act as if the Funds were open-end of the different distribution fees, expenses in shareholder reports, and investment companies. services and any other class expenses disclose any arrangements that result in 13. Each Fund operating as an interval that may be attributable to the Class A breakpoints in or elimination of sales fund pursuant to rule 23c–3 under the Shares, Class I and Class C Shares, the loads in its prospectus.5 In addition, Act may offer its shareholders an net income attributable to, and the applicants will comply with applicable exchange feature under which the dividends payable on, each class of enhanced fee disclosure requirements shareholders of the Fund may, in shares may differ from each other. for fund of funds, including registered connection with the Fund’s periodic 7. Applicants state that, from time to funds of hedge funds.6 repurchase offers, exchange their shares time, the Initial Fund may create 10. Each of the Funds will comply of the Fund for shares of the same class additional classes of shares, the terms of with any requirements that the of (i) registered open-end investment which may differ from the Class A, Commission or FINRA may adopt companies or (ii) other registered Class I and Class C Shares in the regarding disclosure at the point of sale closed-end investment companies that following respects: (i) The amount of and in transaction confirmations about comply with rule 23c–3 under the Act fees permitted by different distribution the costs and conflicts of interest arising and continuously offer their shares at plans or different service fee out of the distribution of open-end net asset value, that are in the Fund’s arrangements; (ii) voting rights with investment company shares, and group of investment companies respect to a distribution plan of a class; regarding prospectus disclosure of sales (collectively, ‘‘Other Funds’’). Shares of (iii) different class designations; (iv) the loads and revenue sharing a Fund operating pursuant to rule 23c– impact of any class expenses directly arrangements, as if those requirements 3 that are exchanged for shares of Other attributable to a particular class of applied to the Fund. In addition, each Funds will be included as part of the shares allocated on a class basis as Fund will contractually require that any amount of the repurchase offer amount described in this application; (v) any distributor of the Fund’s shares comply for such Fund as specified in rule 23c– differences in dividends and net asset with such requirements in connection 3 under the Act. Any exchange option value resulting from differences in fees with the distribution of such Fund’s will comply with rule 11a–3 under the under a distribution plan or in class shares. Act, as if the Fund were an open-end expenses; (vi) any EWC or other sales 11. Each Fund will allocate all investment company subject to rule load structure; and (vii) exchange or expenses incurred by it among the 11a–3. In complying with rule 11a–3, conversion privileges of the classes as various classes of shares based on the each Fund will treat an EWC as if it permitted under the Act. net assets of the Fund attributable to were a contingent deferred sales load each class, except that the net asset 8. Applicants state that the Initial (‘‘CDSL’’). value and expenses of each class will Fund has adopted a fundamental policy reflect distribution fees, service fees, Applicants’ Legal Analysis to repurchase a specified percentage of and any other incremental expenses of its shares (no less than 5%) at net asset Multiple Classes of Shares that class. Expenses of the Fund value on a quarterly basis. Such allocated to a particular class of shares 1. Section 18(c) of the Act provides, repurchase offers will be conducted will be borne on a pro rata basis by each in relevant part, that a closed-end pursuant to rule 23c–3 under the Act. outstanding share of that class. investment company may not issue or Each of the other Funds will likewise Applicants state that each Fund will sell any senior security if, immediately adopt fundamental investment policies comply with the provisions of rule 18f– thereafter, the company has outstanding in compliance with rule 23c–3 and 3 under the Act as if it were an open- more than one class of senior security. make quarterly repurchase offers to its end investment company. Applicants state that the creation of shareholders or provide periodic 12. Applicants state that each Fund multiple classes of shares of the Funds liquidity with respect to its shares may impose an EWC on shares may be prohibited by section 18(c), as pursuant to rule 13e–4 under the submitted for repurchase that have been a class may have priority over another 3 Exchange Act. Any repurchase offers held less than a specified period and class as to payment of dividends made by the Funds will be made to all may waive the EWC for certain because shareholders of different classes holders of shares of each such Fund. categories of shareholders or would pay different fees and expenses. 9. Applicants represent that any asset- transactions to be established from time 2. Section 18(i) of the Act provides based service and distribution fees for to time. Applicants state that each of the that each share of stock issued by a each class of shares will comply with Funds will apply the EWC (and any registered management investment the provisions of NASD Rule 2830(d) waivers or scheduled variations of the company will be a voting stock and (‘‘NASD Sales Charge Rule’’).4 EWC) uniformly to all shareholders in a have equal voting rights with every Applicants also represent that each other outstanding voting stock. Fund will disclose in its prospectus the 5 See Shareholder Reports and Quarterly Portfolio Applicants state that multiple classes of fees, expenses and other characteristics Disclosure of Registered Management Investment shares of the Funds may violate section of each class of shares offered for sale Companies, Investment Company Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring 18(i) of the Act because each class by the prospectus, as is required for open-end investment companies to disclose fund would be entitled to exclusive voting expenses in shareholder reports); and Disclosure of rights with respect to matters solely 3 Applicants submit that rule 23c–3 and Breakpoint Discounts by Mutual Funds, Investment related to that class. Regulation M under the Exchange Act permit an Company Act Release No. 26464 (June 7, 2004) interval fund to make repurchase offers to (adopting release) (requiring open-end investment 3. Section 6(c) of the Act provides that repurchase its shares while engaging in a companies to provide prospectus disclosure of the Commission may exempt any continuous offering of its shares pursuant to Rule certain sales load information). person, security or transaction or any 415 under the Securities Act of 1933. 6 Fund of Funds Investments, Investment class or classes of persons, securities or 4 Any reference to the NASD Sales Charge Rule Company Act Rel. Nos. 26198 (Oct. 1 2003) includes any successor or replacement rule that (proposing release) and 27399 (Jun. 20, 2006) transactions from any provision of the may be adopted by the Financial Industry (adopting release). See also Rules 12d1–1, et seq. of Act, or from any rule thereunder, if and Regulatory Authority (‘‘FINRA’’). the Act. to the extent such exemption is

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necessary or appropriate in the public any holders of the class or classes of rule 12b–1 under the Act. Applicants interest and consistent with the securities to be purchased. request an order under section 17(d) and protection of investors and the purposes 4. Applicants request relief under rule 17d–1 under the Act to the extent fairly intended by the policy and section 6(c), discussed above, and necessary to permit the Fund to impose provisions of the Act. Applicants section 23(c) from rule 23c–3 to the asset-based distribution fees. Applicants request an exemption under section 6(c) extent necessary for the Funds to have agreed to comply with rules 12b– from sections 18(c) and 18(i) to permit impose EWCs on shares of the Funds 1 and 17d–3 as if those rules applied to the Funds to issue multiple classes of submitted for repurchase that have been closed-end investment companies, held for less than a specified period. shares. which they believe will resolve any 4. Applicants submit that the 5. Applicants state that the EWCs they concerns that might arise in connection proposed allocation of expenses and intend to impose are functionally voting rights among multiple classes is similar to CDSLs imposed by open-end with a Fund financing the distribution equitable and will not discriminate investment companies under rule 6c–10 of its shares through asset-based against any group or class of under the Act. Rule 6c–10 permits open- distribution fees. shareholders. Applicants submit that end investment companies to impose For the reasons stated above, the proposed arrangements would CDSLs, subject to certain conditions. applicants submit that the exemptions permit a Fund to facilitate the Applicants note that rule 6c–10 is requested under section 6(c) are distribution of its shares and provide grounded in policy considerations necessary and appropriate in the public investors with a broader choice of supporting the employment of CDSLs interest and are consistent with the shareholder services. Applicants assert where there are adequate safeguards for protection of investors and the purposes that the proposed closed-end the investor and state that the same fairly intended by the policy and investment company multiple class policy considerations support provisions of the Act. Applicants further imposition of EWCs in the interval fund structure does not raise the concerns submit that the relief requested underlying section 18 of the Act to any context. In addition, applicants state pursuant to section 23(c)(3) will be greater degree than open-end that EWCs may be necessary for the consistent with the protection of investment companies’ multiple class distributor to recover distribution costs. structures that are permitted by rule Applicants represent that any EWC investors and will insure that applicants 18f–3 under the Act. Applicants state imposed by the Funds will comply with do not unfairly discriminate against any that each Fund will comply with the rule 6c–10 under the Act as if the rule holders of the class of securities to be provisions of rule 18f–3 as if it were an were applicable to closed-end purchased. Finally, applicants state that open-end investment company. investment companies. The Funds will the Funds’ institution of asset-based disclose EWCs in accordance with the distribution fees is consistent with the Early Withdrawal Charges requirements of Form N–1A concerning provisions, policies and purposes of the 1. Section 23(c) of the Act provides, CDSLs. Applicants further state that the Act and does not involve participation in relevant part, that no registered Funds will apply the EWC (and any on a basis different from or less closed-end investment company will waivers or scheduled variations of the advantageous than that of other purchase securities of which it is the EWC) uniformly to all shareholders in a participants. issuer, except: (a) On a securities given class and consistently with the exchange or other open market; (b) requirements of rule 22d–1 under the Applicants’ Condition pursuant to tenders, after reasonable Act. opportunity to submit tenders given to Applicants agree that any order all holders of securities of the class to Asset-Based Distribution Fees granting the requested relief will be be purchased; or (c) under other 1. Section 17(d) of the Act and rule subject to the following condition: circumstances as the Commission may 17d–1 under the Act prohibit an Each Fund relying on the order will permit by rules and regulations or affiliated person of a registered comply with the provisions of rules 6c– orders for the protection of investors. investment company or an affiliated 10, 12b–1, 17d–3, 18f–3, 22d–1, and, 2. Rule 23c–3 under the Act permits person of such person, acting as where applicable, 11a–3 under the Act, a registered closed-end investment principal, from participating in or as amended from time to time, as if company (an ‘‘interval fund’’) to make effecting any transaction in connection those rules applied to closed-end repurchase offers of between five and with any joint enterprise or joint management investment companies, twenty-five percent of its outstanding arrangement in which the investment and will comply with the NASD Sales shares at net asset value at periodic company participates unless the Charge Rule, as amended from time to intervals pursuant to a fundamental Commission issues an order permitting time, as if that rule applied to all closed- policy of the interval fund. Rule 23c– the transaction. In reviewing end management investment 3(b)(1) under the Act provides that an applications submitted under section companies. interval fund may deduct from 17(d) and rule 17d–1, the Commission repurchase proceeds only a repurchase considers whether the participation of For the Commission, by the Division of fee, not to exceed two percent of the the investment company in a joint Investment Management, under delegated proceeds, that is paid to the interval enterprise or joint arrangement is authority. fund and is reasonably intended to consistent with the provisions, policies Kevin M. O’Neill, compensate the fund for expenses and purposes of the Act, and the extent Deputy Secretary. directly related to the repurchase. to which the participation is on a basis [FR Doc. 2014–15028 Filed 6–26–14; 8:45 am] 3. Section 23(c)(3) provides that the different from or less advantageous than BILLING CODE 8011–01–P Commission may issue an order that that of other participants. would permit a closed-end investment 2. Rule 17d–3 under the Act provides company to repurchase its shares in an exemption from section 17(d) and circumstances in which the repurchase rule 17d–1 to permit open-end is made in a manner or on a basis that investment companies to enter into does not unfairly discriminate against distribution arrangements pursuant to

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SECURITIES AND EXCHANGE may be obtained via the Commission’s for the provision of these services for COMMISSION Web site by searching for the file CREF ‘‘at-cost.’’ 2 number, or an applicant using the 4. CREF seeks exemptive relief that [Investment Company Act Release No. IC– will permit it to offer multiple classes of 31092; 812–14305] Company name box, at http:// www.sec.gov/search/search.htm or by Units with varying administrative and College Retirement Equities Fund, et calling (202) 551–8090. distribution expenses and other al.; Notice of Application expenses specified in the application Applicants’ Representations (‘‘Covered Expenses’’). Each New Class June 23, 2014. would be available to certain types of 1. CREF is a diversified open-end AGENCY: Securities and Exchange clients (e.g., IRAs or Keoghs) and/or management investment company Commission (‘‘Commission’’). clients with CREF assets under registered under the Act on Form N–3 ACTION: Notice of an application under management at or above certain levels that offers various types of variable as approved by the Board pursuant to a section 6(c) of the Investment Company annuity contracts. CREF is a nonprofit Act of 1940 (the ‘‘Act’’) for an Multi-Class Plan. The new classes of member corporation established by a exemption from sections 18(f)(1) and Units would have different levels of special act of the New York State 18(i) of the Act. expenses to reflect the different Legislature. CREF is governed by a administrative and distribution SUMMARY OF APPLICATION: Applicants board designated as a Board of Trustees, expenses actually incurred with respect request an order to permit a registered which is entirely composed of Trustees to different types of clients and/or open-end management investment who are not interested persons of CREF clients with CREF assets under company that offers variable annuity within the meaning of section 2(a)(19) of management at or above certain levels contracts to issue multiple classes of the Act (the ‘‘Board’’). CREF is the as approved by the Board (each, a ‘‘New units (‘‘Units’’) with varying companion organization of Teachers Class’’). Each class of Units would be administrative and/or distribution Insurance and Annuity Association of subject to different administrative and/ expenses and other expenses. America (‘‘TIAA’’). Together, CREF and or distribution expenses and other TIAA provide a retirement system for expenses pursuant to the terms of a plan APPLICANTS: College Retirement adopted by the CREF Board in Equities Fund (‘‘CREF’’) and TIAA– the nation’s education and research communities. As of December 31, 2013, accordance with the terms and CREF Investment Management, LLC (the conditions of the requested order (a ‘‘Advisor’’). CREF’s net assets were approximately $227 billion. ‘‘Multi-Class Plan’’). Under the FILING DATES: The application was filed proposed multiple class system (the 2. The Advisor, a subsidiary of TIAA, on May 2, 2014, and amended on June ‘‘Multiple Class System’’), each class of 11, 2014. is registered with the Commission as an Units would be offered without a front- HEARING OR NOTIFICATION OF HEARING: An investment adviser under the end or contingent deferred sales load. order granting the requested relief will Investment Advisers Act of 1940, as Specific eligibility criteria for the be issued unless the Commission orders amended and serves as investment classes of Units will be set forth in the a hearing. Interested persons may adviser to CREF on an at-cost basis. Multi-Class Plan.3 Clients that meet the request a hearing by writing to the 3. CREF currently comprises eight eligibility criteria for a New Class will Commission’s Secretary and serving investment portfolios (together with any be eligible to be moved, and those that applicants with a copy of the request, investment portfolio that may be offered do not will remain in the Initial Class. personally or by mail. Hearing requests in the future, the ‘‘Accounts’’), each of 5. CREF would continue to operate on should be received by the Commission which has a distinct investment an at-cost basis, and each class would by 5:30 p.m. on July 18, 2014, and objective and investment strategies. operate on an at-cost basis. All expenses should be accompanied by proof of CREF offers various types of variable incurred by CREF would be allocated service on the applicants, in the form of annuity contracts, which are funded via among its various classes of Units based an affidavit, or, for lawyers, a certificate a single class of Units (the ‘‘Initial on the respective average daily net of service. Hearing requests should state Class’’) 1 attributable to the various assets attributable to each such class, the nature of the writer’s interest, the Accounts. Institutions and individual except that the Unit value and expenses reason for the request, and the issues participants enter into contracts with of each class will reflect the Covered contested. Persons who wish to be CREF (each a ‘‘client’’). CREF calculates Expenses attributable to the class. notified of a hearing may request the value of the assets in each Account Covered Expenses of CREF allocated to notification by writing to the as of the close of every day the New a particular class of Units will be borne Commission’s Secretary. York Stock Exchange is open for trading on a pro rata basis by each Unit of that ADDRESSES: Secretary, U.S. Securities (‘‘Valuation Day’’). CREF deducts class. 6. CREF operates as a registered and Exchange Commission, 100 F Street expenses from the net assets of each investment company in accordance with NE., Washington, DC 20549–1090; Account each Valuation Day for various exemptions from the Act.4 For Applicants, c/o Rachael Zufall, TIAA– investment management, administrative CREF, 8500 Andrew Carnegie and distribution services. The Advisor, 2 Any person intending to rely on the requested Boulevard, Charlotte, NC 28262. TIAA, and TIAA–CREF Individual & relief is listed as an applicant. FOR FURTHER INFORMATION CONTACT: Institutional Services, LLC (the 3 For example, clients may only be eligible for a Laura L. Solomon, Senior Counsel, at ‘‘Distributor’’), the principal specific class during the annuity period. (202) 551–6915 or Daniele Marchesani, underwriter of CREF, provide or arrange 4 See, In the Matter of College Retirement Equities Fund and Teachers Insurance and Annuity Branch Chief, at (202) 551–6821 (Chief Association of America, Investment Co. Act Rel. Counsel’s Office, Division of Investment 1 ‘‘Units’’ include accumulation units and annuity Nos. 15866 (July 10, 1987) (notice) and 17116 (Aug. Management). units, which are used to measure the interest of 22, 1989) (order); College Retirement Equities Fund, SUPPLEMENTARY INFORMATION: each client (as defined below) in an Account during et al., Investment Co. Rel. Nos. 17861 (Nov. 20, The the accumulation period and the annuity period (if 1990) (notice) and 17906 (Dec. 19, 1990) (order), following is a summary of the any), respectively. See SEC File Nos. 811–04415 Order Denying Requests For a Hearing and Granting application. The complete application and 33–00480. Continued

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instance, CREF has established an 18(f)(1) and to violate section 18(i) of conversions and exchanges. CREF and arrangement for the distribution of the Act because (a) clients holding each of its classes, moreover, will CREF Units (‘‘12b–1 Plan’’) that different classes of Units may pay continue to operate on an at-cost basis complies with all applicable provisions different Covered Expenses, and (b) which significantly reduces the possible of rule 12b–1 under the Act except those each class would be entitled to conflicts of interests among classes. relating to shareholder approval.5 Under exclusive voting rights with respect to Applicants believe that the requested the terms of the 12b–1 Plan, CREF matters solely related to that class. relief meets the standards of section 6(c) reimburses the Distributor on an at-cost 3. Section 6(c) of the Act provides that of the Act. basis for actual expenses incurred in the Commission may exempt any connection with distribution services person, security or transaction or any Applicants’ Conditions for CREF. Applicants state that actual class or classes of persons, securities or Applicants agree that any order expenses for a class would vary, but a transactions from any provision of the granting the requested relief will be class of Units would bear annual Act, or from any rule under the Act, if subject to the following conditions: and to the extent such exemption is distribution expenses consistent with 1. CREF will cause TIAA or its necessary or appropriate in the public the terms of the CREF 12b–1 Order as subsidiaries (including the Advisor and interest and consistent with the well as with the provisions of rule the Distributor) to provide, or arrange protection of investors and the purposes 2830(d) of the Conduct Rules of the for the provision of, investment fairly intended by the policy and National Association of Securities management, administrative, and provisions of the Act. Applicants Dealers, Inc. (‘‘NASD Conduct Rule distribution services to CREF, and each 6 request an exemption under section 6(c) 2830’’). of its classes of Units, at-cost to TIAA 7. Applicants will comply with the from sections 18(f)(1) and 18(i) to the and its subsidiaries. same conditions as provided in rule extent that the proposed issuance and 18f–3 under the Act with respect to sale of multiple classes of Units of CREF 2. CREF will disclose in its prospectus board composition and approval, voting with varying Covered Expenses may be the estimated expenses and other rights, method for allocating expenses deemed: (1) To result in the issuance of characteristics of each class of Units and conversions and exchanges. a ‘‘senior security’’ within the meaning offered for sale by the prospectus, as is Applicants also represent that CREF of section 18(g) of the Act and thus be required for open-end, multiple class will disclose in its prospectus the prohibited by section 18(f)(1); and (2) to funds under Form N–1A. CREF will estimated expenses and other violate the equal voting provisions of disclose expenses borne by participants characteristics of each class of Units section 18(i) of the Act. during the reporting period in annual offered for sale by the prospectus, as is 4. Applicants represent that the and semi-annual reports as if it were an required for open-end multiple class ability to allocate distribution and open-end management investment funds under Form N–1A. CREF will administrative expenses to the specific company registered on Form N–1A. disclose expenses borne by clients classes of clients to which they relate is 3. Each class: during the reporting period in annual a significant driving force behind a. Will have a different arrangement and semi-annual reports as if it were an CREF’s proposal to implement the for administrative or distribution open-end management investment Multiple Class System. Further, services or both, and will pay all of the company registered on Form N–1A. applicants assert, CREF would benefit expenses of that arrangement; from a more flexible, plan-based pricing b. Will have exclusive voting rights on Applicants’ Legal Analysis structure that would provide more any matter submitted to shareholders 1. Section 18(f)(1) of the Act provides, equitable pricing based on the relative that relates solely to its arrangement; in relevant part, that an open-end proportion of Covered Expenses. investment company may not issue or 5. Applicants submit that the and sell any senior security if, immediately proposed allocation of Covered c. Will have separate voting rights on thereafter, the company has outstanding Expenses and voting rights relating to any matter submitted to shareholders in more than one class of senior security. the Covered Expenses applicable to the which the interests of one class differ Section 18(i) of the Act provides that classes of Units in CREF is equitable from the interests of any other class. each share of stock issued by a and will not discriminate against any 4. Income, realized gains and losses, registered management investment group of participants. Applicants unrealized appreciation and company will be a voting stock and believe that the proposed Multiple Class depreciation, and expenses not have equal voting rights with every System does not raise the concerns allocated to a particular class under the other outstanding voting stock. underlying section 18 of the Act to any requested order will be allocated based 2. Applicants state that the creation of greater degree than open-end on one of the methods set forth by rule multiple classes of Units of CREF may investment companies’ multiple class 18f–3(c)(1) under the Act. be deemed to be prohibited by section structures established pursuant to rule 5. Applicants may rely on the 18f–3 under the Act or closed-end requested order only upon compliance Application; College Retirement Equities Fund, et investment companies’ multiple class with the requirements of rule 18f–3(d) al., Investment Co. Act Rel. No. 19463 (May 6, 1993) structures established pursuant to and Order Granting Exemptions and Approval: under the Act. 7 College Retirement Equities Fund, et al., Investment exemptive relief. Applicants will 6. The Board of CREF will satisfy the Co. Act Rel. No. 19645 (Aug. 19, 1993) (‘‘CREF 12b– comply with the same conditions as fund governance standards defined in 1 Order’’) (collectively ‘‘Prior CREF Orders’’). provided in rule 18f–3 with respect to 5 rule 0–1(a)(7) under the Act. See CREF 12b–1 Order. board composition and approval, voting 6 Applicants are not seeking to amend any of the rights, methods for allocating expenses, For the Commission, by the Division of Prior CREF Orders, and represent that they would Investment Management, under delegated be able to rely on the exemptive relief requested authority. herein consistent with the Prior CREF Orders. 7 See, e.g., Blackstone Alternative Alpha Fund, et Applicants are not seeking any additional al., Investment Co. Act Rel. Nos. 30280 (Nov. 26, Kevin M. O’Neill, exemptive relief from section 12(b) of the Act. All 2012) (notice) and 30317 (Dec. 26, 2012) (order) and Deputy Secretary. references to NASD Conduct Rule 2830 include any Permal Hedge Strategies Fund, et al., Investment successor or replacement rule that may be adopted Co. Act Rel. Nos. 30228 (Oct. 9, 2012) (notice) and [FR Doc. 2014–15029 Filed 6–26–14; 8:45 am] by the Financial Industry Regulatory Authority. 30257 (Nov. 5, 2012) (order). BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE will be open to the public. Seating will orders in open outcry trading. The COMMISSION be on a first-come, first-served basis. proposed rule change was published for Doors will open at 9:30 a.m. Visitors comment in the Federal Register on Sunshine Act Meeting will be subject to security checks. The May 13, 2014.3 The Commission meeting will be webcast on the received one comment letter.4 Notice is hereby given, pursuant to Commission’s Web site at www.sec.gov. Section 19(b)(2) of the Act 5 provides the provisions of the Government in the On June 23, 2014, the Commission that within 45 days of the publication of Sunshine Act, Public Law 94–409, that issued notice of the Committee meeting notice of the filing of a proposed rule the Securities and Exchange (Release No. 33–9603), indicating that change, or within such longer period up Commission will hold a Closed Meeting the meeting is open to the public to 90 days as the Commission may on Wednesday, July 2, 2014 at 2 p.m. (except during portions of the meeting designate if it finds such longer period Commissioners, Counsel to the reserved for meetings of the to be appropriate and publishes its Commissioners, the Secretary to the Committee’s subcommittees), and reasons for so finding or as to which the Commission, and recording secretaries inviting the public to submit written self-regulatory organization consents, will attend the Closed Meeting. Certain comments to the Committee. This the Commission shall either approve the staff members who have an interest in Sunshine Act notice is being issued proposed rule change, disapprove the the matters also may be present. because a quorum of the Commission proposed rule change, or institute The General Counsel of the may attend the meeting. proceedings to determine whether these Commission, or her designee, has The agenda for the meeting includes: proposed rule changes should be certified that, in her opinion, one or Remarks from Commissioners; a public disapproved. The 45th day for this filing more of the exemptions set forth in 5 administrative session; a discussion of is June 27, 2014. U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) the definition of accredited investor The Commission is extending the 45- and 17 CFR 200.402(a)(3), (5), (7), 9(ii) (which may include a recommendation day time period for Commission action and (10), permit consideration of the of the Investor as Purchaser on the proposed rule change. The scheduled matter at the Closed Meeting. Commissioner Aguilar, as duty subcommittee); a discussion of elder Commission finds that it is appropriate officer, voted to consider the items fraud; a briefing by Commission staff on to designate a longer period within listed for the Closed Meeting in closed market structure and the proposed which to take action on the proposed session. Market Structure Advisory Committee; rule change so that it has sufficient time The subject matter of the Closed and nonpublic subcommittee meetings. to consider and take action on the Meeting will be: For further information, please Exchange’s proposed rule change. contact the Office of the Secretary at Accordingly, pursuant to Section Institution and settlement of 6 injunctive actions; (202) 551–5400. 19(b)(2)(A)(ii)(I) of the Act and for the institution and settlement of Dated: June 25, 2014. reasons stated above, the Commission administrative proceedings; Kevin M. O’Neill, designates August 11, 2014, as the date by which the Commission should either an adjudicatory matter; and Deputy Secretary. other matters relating to enforcement approve or disapprove, or institute [FR Doc. 2014–15277 Filed 6–25–14; 4:15 pm] proceedings to determine whether to proceedings. BILLING CODE 8011–01–P At times, changes in Commission disapprove, the proposed rule change priorities require alterations in the (File No. SR–Phlx–2014–23). scheduling of meeting items. SECURITIES AND EXCHANGE For the Commission, by the Division of For further information and to COMMISSION Trading and Markets, pursuant to delegated ascertain what, if any, matters have been authority.7 added, deleted or postponed, please [Release No. 34–72447; File No. SR–Phlx– Kevin M. O’Neill, 2014–23] contact the Office of the Secretary at Deputy Secretary. (202) 551–5400. Self-Regulatory Organizations; [FR Doc. 2014–15027 Filed 6–26–14; 8:45 am] Dated: June 25, 2014. NASDAQ OMX PHLX LLC; Notice of BILLING CODE 8011–01–P Kevin M. O’Neill, Designation of Longer Period for Deputy Secretary. Commission Action on Proposed Rule Change Related to the Priority SECURITIES AND EXCHANGE [FR Doc. 2014–15253 Filed 6–25–14; 4:15 pm] COMMISSION BILLING CODE 8011–01–P Afforded to In-Crowd Participants Respecting Crossing, Facilitation, and [File No. 500–1] Solicited Orders in Open Outcry SECURITIES AND EXCHANGE Trading Medient Studios, Inc., TISO; Order of COMMISSION Suspension of Trading June 23, 2014. Sunshine Act Meeting On April 23, 2014, NASDAQ OMX June 25, 2014. PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed It appears to the Securities and Notice is hereby given, pursuant to with the Securities and Exchange Exchange Commission that there is a the provisions of the Government in the Commission (‘‘Commission’’), pursuant lack of current and accurate information Sunshine Act, Public Law 94–409, that to Section 19(b)(1) of the Securities concerning the securities of Medient the Securities and Exchange Exchange Act of 1934 (‘‘Act’’) 1 and Rule Commission Investor Advisory 19b–4 thereunder,2 a proposed rule 3 See Securities Exchange Act Release No. 72119 Committee will hold a meeting on change to revise the priority afforded to (May 7, 2014), 79 FR 27351. Thursday, July 10, 2014, in Multi- 4 See Letter from Michael J. Simon, Secretary and in-crowd participants respecting General Counsel, International Securities Exchange, Purpose Room LL–006 at the crossing, facilitation, and solicited LLC, dated June 3, 2014 (‘‘ISE Letter’’). Commission’s headquarters, 100 F 5 15 U.S.C. 78s(b)(2). Street NE., Washington, DC. The 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78s(b)(2)(A)(ii)(I). meeting will begin at 10 a.m. (ET) and 2 17 CFR 240.19b–4. 7 17 CFR 200.30–3(a)(31).

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Studios, Inc. (‘‘Medient’’), because of Control Holdings Company, LLC, and Dated: June 11, 2014. questions regarding the accuracy and Harbert Mezzanine Partners III, LP are Javier E. Saade, adequacy of publicly available Associates of Harbert Mezzanine Associate Administrator for Office of information about the company, Partners II SBIC, L.P. Therefore this Investment and Innovation. including, among other things, its total transaction requires prior SBA [FR Doc. 2014–15140 Filed 6–26–14; 8:45 am] shares outstanding and its operations. exemption. BILLING CODE P Medient’s stock is quoted on OTC Link, Notice is hereby given that any operated by OTC Markets Group, Inc., interested person may submit written under the ticker: MDNT. comments on the transaction, within SMALL BUSINESS ADMINISTRATION The Commission is of the opinion that fifteen days of the date of this the public interest and the protection of publication, to the Associate investors require a suspension of trading Administrator for Investment and [License No. 05/05–0316] in the securities of the above-listed Innovation, U.S. Small Business River Cities Financial Institutions company. Administration, 409 Third Street SW., Therefore, it is ordered, pursuant to Washington, DC 20416. Fund, L.P.: Notice Seeking Exemption Section 12(k) of the Securities Exchange Under Section 312 of the Small Act of 1934, that trading in the Javier E. Saade, Business Investment Act, Conflicts of securities of the above-listed company is Associate Administrator, Office of Investment Interest suspended for the period from 9:30 a.m. and Innovation. EDT on June 25, 2014, through 11:59 [FR Doc. 2014–15143 Filed 6–26–14; 8:45 am] Notice is hereby given that River p.m. EDT on July 9, 2014. BILLING CODE P Cities Financial Institutions Fund, L.P., 221 East Fourth Street, Suite 2240, By the Commission. Cincinnati, OH 45202, a Federal Kevin M. O’Neill, SMALL BUSINESS ADMINISTRATION Licensee under the Small Business Deputy Secretary. [License No. 03/03–0256] Investment Act of 1958, as amended [FR Doc. 2014–15228 Filed 6–25–14; 11:15 am] (‘‘the Act’’), in connection with the BILLING CODE 8011–01–P RLJ Credit Opportunity Fund I, L.P.: financing of a small concern, has sought Notice Seeking Exemption Under an exemption under Section 312 of the Section 312 of the Small Business Act and Section 107.730, Financings SMALL BUSINESS ADMINISTRATION Investment Act, Conflicts of Interest which Constitute Conflicts of Interest of [License No. 04/04–0298] Notice is hereby given that RLJ Credit the Small Business Administration (‘‘SBA’’) Rules and Regulations (13 CFR Harbert Mezzanine Partners II SBIC, Opportunity Fund I, L.P., 3 Bethesda Metro Center, Suite 1000, Bethesda, MD 107.730). River Cities Financial L.P.: Notice Seeking Exemption Under Institutions Fund, L.P. proposes to Section 312 of the Small Business 20814, a Federal Licensee under the provide equity financing to Tissue Tech, Investment Act, Conflicts of Interest Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection Inc. 8305 NW 27th Street, Suite 101, Notice is hereby given that Harbert with the financing of a small concern, Miami, FL 33122; Trax Technologies, Mezzanine Partners II SBIC, L.P., 2100 has sought an exemption under Section Inc., 14500 N. Northsight Blvd., Third Avenue North, Suite 600, 312 of the Act and Section 107.730, Scottsdale, AZ 85260; and StepLeader, Birmingham, AL 35203, a Federal Financings which Constitute Conflicts 819 W Hargett St., Raleigh, NC 27603. Licensee under the Small Business of Interest of the Small Business The proceeds will be used to fund Investment Act of 1958, as amended Administration (‘‘SBA’’) Rules and general working capital needs of Tissue (‘‘the Act’’), in connection with the Regulations (13 CFR 107.730). RLJ Tech, Inc., Trax Technologies, Inc., and financing of a small concern, has sought Credit Opportunity Fund I, L.P. StepLeader. an exemption under Section 312 of the proposes to provide debt and equity Act and Section 107.730, Financings financing to Media Source, Inc., 7858 The financing is brought within the which constitute Conflicts of Interest of Industrial Pkwy., Plain City, OH 43064. purview of § 107.730(a)(1) of the the Small Business Administration The proceeds will be used to partially Regulations because River Cities Capital (‘‘SBA’’) Rules and Regulations (13 CFR finance the acquisition of Media Source, Fund V, L.P. and River Cities Capital 107). Harbert Mezzanine Partners II Inc. Fund V NQP, L.P. Associates of River SBIC, L.P. proposes to provide follow- The financing is brought within the Cities Financial Institutions Fund, L.P., on subordinated debt financing to purview of § 107.730(a)(1) of the together own more than ten percent of Employment Staffing Group, Inc., 414 N Regulations because RLJ Equity Partners Trax Technologies, Inc., and Lafayeet Street, Shelby, NC, 28150. Fund I, L.P., an Associate of RLJ Credit StepLeader, and therefore this Harbert Mezzanine Partners III, LP, an Opportunity Fund I, L.P., owns more transaction is considered a financing to Associate of Harbert Mezzanine Partners than ten percent of Media Source, Inc., an Associate requiring SBA prior II SBIC, L.P, holds a 10.6% ownership and therefore this transaction is written exemption. interest in Employment Control considered a financing to an Associate Notice is hereby given that any Holdings Company, LLC of which requiring SBA prior written exemption. interested person may submit written Notice is hereby given that any Employment Staffing Group, Inc. is a comments on the transaction, within wholly owned subsidiary. Therefore, interested person may submit written fifteen days of the date of this Employment Staffing Group, Inc. is an comments on the transaction, within publication, to the Associate Associate of Harbert Mezzanine Partners fifteen days of the date of this II SBIC, L.P. publication, to the Associate Administrator for Investment, U.S. The financing is brought within the Administrator for Investment, U.S. Small Business Administration, 409 purview of § 107.730(a) of the Small Business Administration, 409 Third Street SW., Washington, DC Regulations because Employment Third Street SW., Washington, DC 20416. Staffing Group, Inc., Employment 20416.

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Dated: June 18, 2014. Percent Primary Counties: Newaygo, Osceola. Javier E. Saade, Contiguous Counties: Associate Administrator for Office of Non-Profit Organizations with- Michigan: Clare, Isabella, Kent, Lake, Investment and Innovation. out Credit Available Else- Mason, Mecosta, Missaukee, where ...... 2.625 [FR Doc. 2014–15142 Filed 6–26–14; 8:45 am] Montcalm, Muskegon, Oceana, For Economic Injury: Wexford. BILLING CODE P Businesses & Small Agricultural Cooperatives without Credit The Interest Rates are: Available Elsewhere Non- SMALL BUSINESS ADMINISTRATION Profit Organizations without .. 4.000 Percent Credit Available Elsewhere ...... 2.625 [Disaster Declaration #14034 and #14035; For Physical Damage: New York Disaster #NY–00146] The number assigned to this disaster Homeowners With Credit Avail- able Elsewhere Homeowners for physical damage is 14034 6 and for Disaster Declaration; New York Without ...... 4.500 economic injury is 14035 0. Credit Available Elsewhere AGENCY: U.S. Small Business The States which received an EIDL Businesses With Credit Avail- Administration. Declaration # are New York. able ...... 2.250 Elsewhere Businesses Without ACTION: Notice. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Credit Available Elsewhere ... 6.000 Non-Profit Organizations With SUMMARY: This is a notice of an Dated: June 19, 2014. Credit Available Elsewhere ... 4.000 Administrative declaration of a disaster Maria Contreras-Sweet, Non-Profit Organizations With- for the State of New York dated 06/19/ Administrator. out Credit Available Else- 2014. where ...... 2.625 [FR Doc. 2014–15145 Filed 6–26–14; 8:45 am] Incident: Flash floods. 2.625 Incident Period: 05/15/2014 through BILLING CODE 8025–01–P For Economic Injury: 05/17/2014. Businesses & Small Agricultural Cooperatives Without Credit DATES: Effective 06/19/2014. SMALL BUSINESS ADMINISTRATION Available Elsewhere ...... 4.000 Physical Loan Application Deadline Non-Profit Organizations With- Date: 08/18/2014. [Disaster Declaration #14032 and #14033]; [Michigan Disaster #MI–00045] out Credit Available Else- Economic Injury (EIDL) Loan where ...... 2.625 Application Deadline Date: 03/19/2015. Disaster Declaration: Michigan ADDRESSES: Submit completed loan The number assigned to this disaster applications to: U.S. Small Business AGENCY: U.S. Small Business for physical damage is 14032 6 and for Administration Field, Operations Administration. economic injury is 14033 0. Center—East, 101 Marietta Street NW., ACTION: Notice. The States which received an EIDL Suite 700, Atlanta, GA 30303. Declaration # are Michigan. SUMMARY: This is a notice of an FOR FURTHER INFORMATION CONTACT: Administrative declaration of a disaster (Catalog of Federal Domestic Assistance Alan Escobar, Office of Disaster Numbers 59002 and 59008) for the State of Michigan dated 06/19/ Assistance, U.S. Small Business 2014. Dated: June 19, 2014. Administration, 409 3rd Street SW., Incident: Severe Flooding, Hail and Maria Contreras-Sweet, Suite 6050, Washington, DC 20416. High Winds. Administrator. SUPPLEMENTARY INFORMATION : Notice is Incident Period: 04/12/2014 through [FR Doc. 2014–15148 Filed 6–26–14; 8:45 am] hereby given that as a result of the 04/30/2014. BILLING CODE 8025–01–P Administrator’s disaster declaration, DATES: Effective 06/19/2014. applications for disaster loans may be Physical Loan Application Deadline filed at the address listed above or other Date: 08/18/2014 DEPARTMENT OF STATE locally announced locations. Economic Injury (EIDL) Loan The following areas have been Application Deadline Date: 03/19/2015. determined to be adversely affected by [Public Notice 8783] the disaster: ADDRESSES: Submit completed loan applications to: U.S. Small Business 30-Day Notice of Proposed Information Primary Counties: Yates. Administration Processing, And Collection: J–1 Waiver Contiguous Counties: Disbursement Center, 14925 Kingsport Recommendation Application New York: Ontario, Schuyler, Seneca, Road, Fort Worth, TX 76155. Steuben. ACTION: Notice of request for public FOR FURTHER INFORMATION CONTACT: A comment and submission to OMB of The Interest Rates are: Escobar, Office of Disaster Assistance, proposed collection of information. Percent U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, SUMMARY: The Department of State has For Physical Damage: Washington, DC 20416. submitted the information collection Homeowners with Credit Avail- SUPPLEMENTARY INFORMATION: Notice is described below to the Office of able Elsewhere Homeowners hereby given that as a result of the Management and Budget (OMB) for without ...... 4.375 Administrator’s disaster declaration, approval. In accordance with the Credit Available Elsewhere applications for disaster loans may be Paperwork Reduction Act of 1995 we Businesses with Credit Avail- able ...... 2.188 filed at the address listed above or other are requesting comments on this Elsewhere Businesses without locally announced locations. collection from all interested Credit Available Elsewhere ... 6.000 The following areas have been individuals and organizations. The Non-Profit Organizations with determined to be adversely affected by purpose of this Notice is to allow 30 Credit Available Elsewhere ... 4.000 the disaster: days for public comment.

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DATES: Submit comments directly to the aware that your comments as submitted, to the program in effect in the United Office of Management and Budget including your personal information, States and has an incidental take rate (OMB) up to July 28, 2014. will be available for public review. comparable to that of the United States; ADDRESSES: Direct comments to the Abstract of proposed collection: Form or (2) that the fishing environment in Department of State Desk Officer in the DS–3035 is used to determine the the harvesting nation does not pose a Office of Information and Regulatory eligibility of a J–1 visa holder for a threat of the incidental taking of sea Affairs at the Office of Management and waiver of the two-year foreign residence turtles. The President has delegated the Budget (OMB). You may submit requirement. authority to make this certification to comments by the following methods: Methodology: Applicants will the Department of State (‘‘the • Email: oira_submission@ complete the DS–3035 online at Department’’). Revised State Department omb.eop.gov. You must include the DS travel.state.gov. Applicant’s information guidelines for making the required form number, information collection will be downloaded into a barcode, and certifications were published in the title, and the OMB control number in then be immediately issued a waiver Federal Register on July 2, 1999 (Vol. the subject line of your message. case number and further instructions. 64, No. 130, Public Notice 3086). • Fax: 202–395–5806. Attention: Desk Next, applicants must print their online On May 14, 2014, the Department Officer for Department of State. form with the barcode. After the form is certified 14 nations on the basis that their sea turtle protection programs are FOR FURTHER INFORMATION CONTACT: completed and printed out, applicants comparable to that of the United States: Direct requests for additional must mail their waiver application and fee payment to: U.S. Department of Colombia, Costa Rica, Ecuador, El information regarding the collection Salvador, Gabon, Guatemala, Guyana, listed in this notice, including requests State, Waiver Review Division, P.O. Box 952136, St. Louis, MO 63101–2137. Honduras, Mexico, Nicaragua, Nigeria, for copies of the proposed collection Pakistan, Panama, and Suriname. The instrument and supporting documents, Dated: June 9, 2014. Department also certified 26 shrimp Sydney Taylor, who may be reached at Don Heflin, _ harvesting nations and one economy as PRA [email protected]. Acting Deputy Assistant Secretary, Bureau having fishing environments that do not SUPPLEMENTARY INFORMATION: of Consular Affairs, Department of State. pose a danger to sea turtles. Sixteen • Title of Information Collection: [FR Doc. 2014–15168 Filed 6–26–14; 8:45 am] nations have shrimping grounds only in 1405–0135. BILLING CODE 4710–06–P cold waters where the risk of taking sea • OMB Control Number: Extension of turtles is negligible. They are: a currently approved collection. Argentina, Belgium, Canada, Chile, • Type of Request: Extension of a DEPARTMENT OF STATE Denmark, Finland, Germany, Iceland, currently approved collection. [Public Notice 8782] Ireland, the Netherlands, New Zealand, • Originating Office: CA/VO/L/R. Norway, Russia, Sweden, the United • Form Number: DS–3035. Kingdom, and Uruguay. Ten nations • Certifications Pursuant to Section 609 Respondents: J–1 visa holders of Public Law 101–162 and one economy only harvest shrimp applying for a waiver of the two-year using small boats with crews of less foreign residence requirement. SUMMARY: On May 14 2014, the than five that use manual rather than • Estimated Number of Respondents: Department of State certified, pursuant mechanical means to retrieve nets, or 6,087. to Section 609 of Public Law 101–162, catch shrimp using other methods that • Estimated Number of Responses: that 14 nations have adopted programs do not threaten sea turtles. Use of such 6,087. to reduce the incidental capture of sea small-scale technology does not • Average Time per Response: 1 hour. turtles in their shrimp fisheries adversely affect sea turtles. The 10 • Total Estimated Burden Time: 6,087 comparable to the program in effect in nations and one economy are: the hours. the United States. The Department also Bahamas, Belize, China, the Dominican • Frequency: On occasion. certified that the fishing environments Republic, Fiji, Hong Kong, Jamaica, • Obligation to Respond: Required to in 26 other countries and one economy Oman, Peru, Sri Lanka, and Venezuela. obtain or retain a benefit. do not pose a threat of the incidental The Department of State has We are soliciting public comments to taking of sea turtles protected under communicated the certifications under permit the Department to: Section 609. Section 609 to the Office of Field • Evaluate whether the proposed DATES: Effective Date: On Publication. Operations of U.S. Customs and Border information collection is necessary for FOR FURTHER INFORMATION CONTACT: Protection. the proper functions of the Department. All DS–2031 forms accompanying Stephen J. Wilger, Office of Marine • Evaluate the accuracy of our shrimp imports from uncertified nations Conservation, Bureau of Oceans and estimate of the time and cost burden for must be originals and signed by the International Environmental and this proposed collection, including the competent domestic fisheries authority. validity of the methodology and Scientific Affairs, Department of State, Shrimp harvested with turtle excluder assumptions used. Washington, DC 20520–7818; telephone: devices (TEDs) in an uncertified nation • Enhance the quality, utility, and (202) 647–3263; email: wilgersj2@ may, under specific circumstances, be clarity of the information to be state.gov. eligible for importation into the United collected. SUPPLEMENTARY INFORMATION: Section States under the DS–2031 section • Minimize the reporting burden on 609 of Public Law 101–162 (‘‘Section 7(A)(2) provision for ‘‘shrimp harvested those who are to respond, including the 609’’) prohibits imports of certain by commercial shrimp trawl vessels use of automated collection techniques categories of shrimp unless the using TEDs comparable in effectiveness or other forms of information President certifies to the Congress by to those required in the United States.’’ technology. May 1, 1991, and annually thereafter, Use of this provision requires that the Please note that comments submitted either: (1) that the harvesting nation has Department of State determine in in response to this Notice are public adopted a program governing the advance that the government of the record. Before including any detailed incidental capture of sea turtles in its harvesting nation has put in place personal information, you should be commercial shrimp fishery comparable adequate procedures to monitor the use

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of TEDS in the specific fishery in in lieu of penalty from Somerset 1. Project Sponsor and Facility: DS question and to ensure the accurate Regional Water Resources, LLC; Waters of America, Inc., Clay Township, completion of the DS–2031 forms. At Susquehanna Gas Field Services LLC; Lancaster County, Pa. Groundwater this time, the Department has made and Tioga Downs Racetrack, LLC; and withdrawal of up to 0.115 mgd (30-day such a determination only with respect took additional actions, as set forth in average) from Well 6. to specific and limited fisheries in the Supplementary Information below. 2. Project Sponsor and Facility: Australia and France. Thus, the DATES: June 5, 2014. Healthy Properties, Inc. (Sugar Creek), importation of TED-caught shrimp from North Towanda Township, Bradford ADDRESSES: Susquehanna River Basin any other uncertified nation will not be County, Pa. Renewal and modification Commission, 4423 N. Front Street, allowed. The prior determination for the to increase surface water withdrawal by Harrisburg, PA 17110–1788. northern shrimp fishery in Brazil was an additional 0.549 mgd (peak day), for withdrawn as part of the May 14 FOR FURTHER INFORMATION CONTACT: a total of up to 0.999 mgd (peak day) decision, and shrimp harvested in the Richard A. Cairo, General Counsel, (Docket No. 20100308). northern shrimp fishery are no longer telephone: (717) 238–0423, ext. 1306; 3. Project Sponsor and Facility: LDG eligible for entry under this provision. fax: (717) 238–2436; email: rcairo@ Innovation, LLC (Tioga River), For Australia, shrimp harvested in the srbc.net. Regular mail inquiries may be Lawrenceville Borough, Tioga County, Exmouth Gulf Prawn Fishery, the sent to the above address. See also Pa. Renewal of surface water Northern Prawn Fishery, the Commission Web site at www.srbc.net. withdrawal of up to 0.750 mgd (peak Queensland East Coast Trawl Fishery, SUPPLEMENTARY INFORMATION: In day) (Docket No. 20100311). and the Torres Strait Prawn Fishery are addition to the actions taken on projects 4. Project Sponsor and Facility: eligible for entry under this provision. identified in the summary above and the Mountain Energy Services, Inc. For France, shrimp harvested in the listings below, the following items were (Tunkhannock Creek), Tunkhannock French Guiana domestic trawl fishery also presented or acted upon at the Township, Wyoming County, Pa. are eligible for entry under this business meeting: (1) An informational Renewal of surface water withdrawal of provision. An official of the competent presentation from the U.S. Army Corps up to 1.498 mgd (peak day) (Docket No. domestic fisheries authority for the of Engineers supervisory park ranger 20100309). country where the shrimp were Jude Harrington on the Raystown Lake 5. Project Sponsor and Facility: harvested must sign the DS–2031 form project; (2) election of the member from Pennsylvania General Energy Company, accompanying these imports into the New York State as Chair of the L.L.C. (Pine Creek), Watson Township, United States. Commission and the member from the Lycoming County, Pa. Renewal of In addition, the Department has Commonwealth of Pennsylvania as the surface water withdrawal of up to 0.918 determined that shrimp harvested in the Vice Chair of the Commission for the mgd (peak day) (Docket No. 20100610). Spencer Gulf region in Australia and period of July 1, 2014, to June 30, 2015; 6. Project Sponsor and Facility: Pro- Mediterranean red shrimp (Aristeus (3) adoption of the FY–2015/2016 Water Environmental, LLC (Martins Creek), antennatus) harvested in the Resources Program; (4) adoption of the Lathrop Township, Susquehanna Mediterranean Sea by Spain may be American Eel Restoration Plan for the County, Pa. Surface water withdrawal of exported to the United States under the Susquehanna River Basin; (5) up to 0.999 mgd (peak day). DS–2031 section 7(A)(4) provision for amendments to the Comprehensive Plan ‘‘shrimp harvested in a manner or under 7. Project Sponsor and Facility: for the Water Resources of the circumstances determined by the Southwestern Energy Production Susquehanna River Basin; (6) adoption Department of State not to pose a threat Company (Susquehanna River), Great of revisions to the Commission’s of the incidental taking of sea turtles.’’ Bend Township, Susquehanna County, Information Technology Services Fee An official of the Government of Pa. Surface water withdrawal of up to Schedule; (7) amendments to a Australia or Spain must certify the DS– 3.000 mgd (peak day). Regulatory Program Fee Schedule, 2031 form accompanying these imports 8. Project Sponsor and Facility: Sugar effective July 1, 2014; (8) adoption of a into the United States. Hollow Water Services, LLC (Bowman FY–2016 budget for the period July 1, Creek), Eaton Township, Wyoming Dated: June 13, 2014. 2015, to June 30, 2016; and (9) approval County, Pa. Renewal of surface water David A. Balton, of two grants. withdrawal of up to 0.249 mgd (peak Deputy Assistant Secretary of State for Compliance Matters day) (Docket No. 20100310). Oceans and Fisheries, Department of State. 9. Project Sponsor and Facility: [FR Doc. 2014–15164 Filed 6–26–14; 8:45 am] The Commission approved Susquehanna Gas Field Services LLC, BILLING CODE 4710–09–P settlements in lieu of civil penalty for Meshoppen Borough, Wyoming County, the following projects: Pa. Renewal of groundwater withdrawal 1. Somerset Regional Water of up to 0.216 mgd (30-day average) SUSQUEHANNA RIVER BASIN Resources, LLC (Salt Lick Creek), New from Meshoppen Pizza Well (Docket No. COMMISSION Milford Township, Susquehanna 20100612). County, Pa.—$12,000. 10. Project Sponsor and Facility: Actions Taken at June 5, 2014, Meeting 2. Susquehanna Gas Field Services Susquehanna Gas Field Services LLC AGENCY: Susquehanna River Basin LLC (Meshoppen Creek), Meshoppen (Susquehanna River), Meshoppen Commission. Borough, Wyoming County, Pa.— Township, Wyoming County, Pa. ACTION: Notice. $2,500. Surface water withdrawal of up to 1.650 3. Tioga Downs Racetrack, LLC, Town mgd (peak day). SUMMARY: As part of its regular business of Nichols, Tioga County, N.Y.— 11. Project Sponsor and Facility: meeting held on June 5, 2014, in $62,000. Talisman Energy USA Inc. (Fall Brook), Entriken, Pennsylvania, the Commission Troy Township, Bradford County, Pa. Project Applications Approved took the following actions: approved or Renewal and modification of surface tabled the applications of certain water The Commission approved the water withdrawal of up to 0.176 mgd resources projects; accepted settlements following project applications: (peak day) (Docket No. 20100304).

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12. Project Sponsor and Facility: Company (Martins Creek), Brooklyn and respondents must notify the FAA of: (1) Talisman Energy USA Inc. (Unnamed Harford Townships, Susquehanna Requests for confirmation of transferred Tributary to the North Branch Sugar County, Pa. Modification to low flow slots; (2) slots required to be returned or Creek), Columbia Township, Bradford protection requirements of the surface slots voluntarily returned; (3) requests County, Pa. Renewal of surface water water withdrawal approval (Docket No. to be included in a lottery for available withdrawal of up to 0.926 mgd (peak 20110312). slots; (4) usage of slots on a bi-monthly day) (Docket No. 20100305). Authority: Pub. L. 91–575, 84 Stat. 1509 basis; and (5) requests for short-term use Project Application Approved et seq., 18 CFR Parts 806, 807, and 808. of off-peak hour slots. The information Involving a Diversion Dated: June 20, 2014. is used to allocate and withdraw takeoff and landing slots at high density 1. Project Sponsor: EOG Resources, Stephanie L. Richardson, Inc. Project Facility: Blue Valley Secretary to the Commission. airports, and confirms transfers of slots made among the operators. Abandoned Mine Drainage Treatment [FR Doc. 2014–15064 Filed 6–26–14; 8:45 am] Plant, Horton Township, Elk County, BILLING CODE 7040–01–P Respondents: Approximately 15 air Pa. Renewal of into-basin diversion carriers and commuter operators. from the Ohio River Basin of up to 0.322 Frequency: Information is collected mgd (peak day) (Docket No. 20100616). DEPARTMENT OF TRANSPORTATION on occasion. Project Applications Tabled Federal Aviation Administration Estimated Average Burden per The Commission tabled action on the Response: 34 minutes. following project applications: Agency Information Collection Estimated Total Annual Burden: 708 1. Project Sponsor and Facility: IBM Activities: Requests for Comments; hours. Corporation, Village of Owego, Tioga Clearance of Renewed Approval of County, N.Y. Application for Information Collection: High Density ADDRESSES: Interested persons are groundwater withdrawal of up to 0.002 Traffic Airports; Slot Allocation and invited to submit written comments on mgd (30-day average) from Well 415. Transfer Methods the proposed information collection to 2. Project Sponsor and Facility: Jay the Office of Information and Regulatory AGENCY: Federal Aviation Township Water Authority, Jay Affairs, Office of Management and Administration (FAA), DOT. Township, Elk County, Pa. Application Budget. Comments should be addressed for groundwater withdrawal of up to ACTION: Notice and request for to the attention of the Desk Officer, 0.265 mgd (30-day average) from comments. Department of Transportation/FAA, and _ Byrnedale Well #1. SUMMARY: In accordance with the sent via electronic mail to oira 3. Project Sponsor: Leola Sewer Paperwork Reduction Act of 1995, FAA [email protected], or faxed to Authority. Project Facility: Upper invites public comments about our (202) 395–6974, or mailed to the Office Leacock Township, Lancaster County, intention to request the Office of of Information and Regulatory Affairs, Pa. Application for groundwater Management and Budget (OMB) Office of Management and Budget, withdrawal of up to 0.075 mgd (30-day approval to renew an information Docket Library, Room 10102, 725 17th average) from Well 13 (Docket No. collection. The Federal Register Notice Street NW., Washington, DC 20503. 19820601). with a 60-day comment period soliciting 4. Project Sponsor and Facility: Public Comments Invited: You are comments on the following collection of Newport Borough Water Authority, asked to comment on any aspect of this information was published on April 14, Oliver Township, Perry County, Pa. information collection, including (a) 2014, vol. 79, no. 71, pages 20962– Application for groundwater Whether the proposed collection of 20963. This information collection is withdrawal of up to 0.162 mgd (30-day information is necessary for FAA’s used to allocate slots and maintain average) from Well 1. performance; (b) the accuracy of the accurate records of slot transfers at High 5. Project Sponsor: Pennsylvania Density Traffic Airports. The estimated burden; (c) ways for FAA to Department of Environmental information is provided by air carriers enhance the quality, utility and clarity Protection—South-central Regional and commuter operators, or other of the information collection; and (d) Office, City of Harrisburg, Dauphin persons holding a slot at High Density ways that the burden could be County, Pa. Facility Location: Leacock Airports. minimized without reducing the quality Township, Lancaster County, Pa. of the collected information. The agency Application for groundwater DATES: Written comments should be submitted by July 28, 2014. will summarize and/or include your withdrawal of up to 0.576 mgd (30-day comments in the request for OMB’s FOR FURTHER INFORMATION CONTACT: average) from Stoltzfus Well. clearance of this information collection. 6. Project Sponsor: Pennsylvania Kathy DePaepe at (405) 954–9362, or by Department of Environmental email at: [email protected]. Issued in Washington, DC on June 23, Protection—South-central Regional SUPPLEMENTARY INFORMATION: 2014. Office, City of Harrisburg, Dauphin OMB Control Number: 2120–0524 Albert R. Spence, County, Pa. Facility Location: Leacock Title: High Density Traffic Airports; FAA Assistant Information Collection Township, Lancaster County, Pa. Slot Allocation and Transfer Methods. Clearance Officer, IT Enterprises Business Application for groundwater Form Numbers: There are no FAA Services Division, ASP–110. withdrawal of up to 0.432 mgd (30-day forms associated with this information [FR Doc. 2014–15159 Filed 6–26–14; 8:45 am] collection. average) from Township Well. BILLING CODE 4910–13–P Type of Review: Renewal of an Project Application Withdrawn information collection. The following project application was Background: The information is withdrawn by the project sponsor: reported to the FAA by air carriers, 1. Project Sponsor and Facility: commuter operators or others with slots Southwestern Energy Production at high density airports. The

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DEPARTMENT OF TRANSPORTATION Frequency: Information is collected comments on the following collection of on occasion. information was published on April 14, Federal Aviation Administration Estimated Average Burden per 2014, vol. 79, no. 71, pages 20963– Response: 10 minutes. 20964. The information is needed to Agency Information Collection Estimated Total Annual Burden: determine an applicant’s eligibility for Activities: Requests for Comments; 197.5 hours. an award of attorney’s fees and other Clearance of Renewed Approval of ADDRESSES: Interested persons are expenses under the Equal Access to Information Collection: Pilots invited to submit written comments on Justice Act. Convicted of Alcohol or Drug-Related the proposed information collection to DATES: Written comments should be Motor Vehicle Offenses or Subject to the Office of Information and Regulatory submitted by July 28, 2014. State Motor Vehicle Administrative Affairs, Office of Management and FOR FURTHER INFORMATION CONTACT: Procedure Budget. Comments should be addressed Kathy DePaepe at (405) 954–9362, or by AGENCY: Federal Aviation to the attention of the Desk Officer, email at: [email protected]. Administration (FAA), DOT. Department of Transportation/FAA, and SUPPLEMENTARY INFORMATION: sent via electronic mail to oira_ ACTION: Notice and request for OMB Control Number: 2120–0539. [email protected], or faxed to comments. Title: Implementation to the Equal (202) 395–6974, or mailed to the Office Access to Justice Act. SUMMARY: In accordance with the of Information and Regulatory Affairs, Form Numbers: There are no FAA Paperwork Reduction Act of 1995, FAA Office of Management and Budget, forms associated with this collection. invites public comments about our Docket Library, Room 10102, 725 17th Type of Review: Renewal of an intention to request the Office of Street NW., Washington, DC 20503. information collection. Background: The Equal Access to Management and Budget (OMB) Public Comments Invited: You are Justice Act provides for the award of approval to renew an information asked to comment on any aspect of this attorney fees and other expenses to collection. The Federal Register Notice information collection, including (a) eligible individuals and entities who are with a 60-day comment period soliciting whether the proposed collection of prevailing parties in administrative comments on the following collection of information is necessary for FAA’s proceedings before government information was published on April 14, performance; (b) the accuracy of the agencies. Certain information must be 2014, vol. 79, no. 71, pages 20964– estimated burden; (c) ways for FAA to obtained from the applicant in order to 20965. The requested information is enhance the quality, utility and clarity determine such applicant’s eligibility needed to mitigate potential hazards of the information collection; and (d) ways that the burden could be for the EAJA award. presented by airmen using alcohol or Respondents: Approximately 17 drugs in flight, to identify persons minimized without reducing the quality of the collected information. The agency applicants. possibly unsuitable for pilot Frequency: Information is collected certification. will summarize and/or include your comments in the request for OMB’s on occasion. Estimated Average Burden per DATES: Written comments should be clearance of this information collection. submitted by July 28, 2014. Response: 40 hours. Issued in Washington, DC on June 23, Estimated Total Annual Burden: 680 FOR FURTHER INFORMATION CONTACT: 2014. hours. Kathy DePaepe at (405) 954–9362, or by Albert R. Spence, ADDRESSES: email at: [email protected]. Interested persons are FAA Assistant Information Collection invited to submit written comments on SUPPLEMENTARY INFORMATION: Clearance Officer, IT Enterprises Business the proposed information collection to OMB Control Number: 2120–0543. Services Division, ASP–110. the Office of Information and Regulatory Title: Pilots Convicted of Alcohol or [FR Doc. 2014–15152 Filed 6–26–14; 8:45 am] Affairs, Office of Management and Drug-Related Motor Vehicle Offenses or BILLING CODE 4910–13–P Budget. Comments should be addressed Subject to State Motor Vehicle to the attention of the Desk Officer, Administrative Procedure. Department of Transportation/FAA, and Form Numbers: There are no FAA DEPARTMENT OF TRANSPORTATION sent via electronic mail to oira_ forms associated with this collection. [email protected], or faxed to Type of Review: Renewal of an Federal Aviation Administration (202) 395–6974, or mailed to the Office information collection. of Information and Regulatory Affairs, Background: Amendments to Parts 61 Agency Information Collection Activities: Requests for Comments; Office of Management and Budget, and 67 of the FAR implement Docket Library, Room 10102, 725 17th procedures enhance the safety of Clearance of Renewed Approval of Information Collection: Implementation Street NW., Washington, DC 20503. aviation commerce by identifying (i) Public Comments Invited: You are to the Equal Access to Justice Act those persons who may prove asked to comment on any aspect of this unsuitable for airman certification as AGENCY: Federal Aviation information collection, including (a) indicated by an inability or Administration (FAA), DOT. Whether the proposed collection of unwillingness to comply with general ACTION: Notice and request for information is necessary for FAA’s safety regulations and, (ii) those persons comments. performance; (b) the accuracy of the who have failed to report violations of estimated burden; (c) ways for FAA to general safety regulations in concert SUMMARY: In accordance with the enhance the quality, utility and clarity with established FAA requirements. The Paperwork Reduction Act of 1995, FAA of the information collection; and (d) amendment to 14 CFR Part 61 requires invites public comments about our ways that the burden could be airmen to report to the FAA, within 60 intention to request the Office of minimized without reducing the quality days, all alcohol or drug related Management and Budget (OMB) of the collected information. The agency convictions or administrative actions. approval to renew an information will summarize and/or include your Respondents: Approximately 1,185 collection. The Federal Register Notice comments in the request for OMB’s pilots. with a 60-day comment period soliciting clearance of this information collection.

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Issued in Washington, DC on June 23, in the NAS has nearly doubled over the Under this adopted policy, one existing 2014. past decade, as legacy procedures based ground-based IAP procedure will Albert R. Spence, on older, ground-based technology, are remain at each airport under this policy. FAA Assistant Information Collection maintained alongside the newer, Three commenters were concerned Clearance Officer. IT Enterprises Business satellite-based procedures. In some with aircraft operations at an airport Services Division, ASP–110. cases, the older procedures are during periods of inclement weather if [FR Doc. 2014–15154 Filed 6–26–14; 8:45 am] redundant or obsolete, and maintaining the ground-based procedure to a BILLING CODE 4910–13–P them unnecessarily increases FAA particular runway was cancelled. AOPA costs, as well as creates the need for air stated that consideration needs to be traffic controllers to train and be given to the individual airport operation DEPARTMENT OF TRANSPORTATION proficient on procedures that are not and if there is a predominant or used or needed. Pilots must also exclusive general aviation runway at a Federal Aviation Administration maintain proficiency on these particular airport, the procedure offering [Docket No. FAA–2013–0265] procedures and, in some cases, memory the lowest approach minimums may not limitations in the Flight Management provide the greatest access. Based on Policy for Discontinuance of Certain Systems (FMSs) in their aircraft result in this situation, AOPA asserted that it Instrument Approach Procedures the inability to load all the data needed may be necessary to preserve the IAP to to support the procedures. Removing the general aviation runway for use AGENCY: Federal Aviation certain redundant or underutilized IAPs during instrument training in visual Administration (FAA), DOT. will increase the safety and efficiency of meteorological conditions. ACTION: Notice of policy; disposition of the NAS by streamlining user access The criteria adopted in this notice comments. and FAA services, allowing the FAA to ensure that an airport does not lose IAP focus on delivering greater benefits capability to any runway that already SUMMARY: This action adopts with minor through new technology. has a published IAP. Additionally, the modification, the policy proposed in the In September 2010, the FAA awarded FAA will consider runway usage and Federal Register on August 2, 2013. a grant to the Flight Safety Foundation, local weather conditions when Under this policy, the FAA establishes to research and provide independent identifying candidate IAPs for the criteria to identify certain non- insight on how the FAA should cancellation. directional beacon (NDB) and very high eliminate redundant or underutilized Several commenters questioned frequency (VHF) omnidirectional radio Instrument Approach Procedures (IAPs). whether the FAA will consider range (VOR) instrument approach The Flight Safety Foundation’s study community needs for goods and procedures that can be considered for and recommendations were developed emergency services at certain locations cancellation. Additionally, the FAA based on interviews and surveys of FAA with limited access. responds to comments received during personnel, and key airspace The adopted criteria ensure that at the comment period on the notice of stakeholders. Among those interviewed least one RNAV IAP and one ground proposed policy. were, Aircraft Owners and Pilots based IAP will remain published at FOR FURTHER INFORMATION CONTACT: For Association (AOPA), Air Line Pilots airports that already have them. questions concerning this action, Association, International (ALPA), Air Individuals, AOPA, Wahoo Airport contact Wayne Eckenrode, Aeronautical Transport Association (ATA), National Authority, Maryland Aviation Navigation Products, AJV–3, Instrument Business Aviation Association (NBAA), Administration, and SkyWest Airlines, Flight Procedures Efficiency Group, Regional Airline Association (RAA), and submitted general comments concerning Manager, Federal Aviation the U.S. Air Force. The study formed the decommissioning or discontinuance Administration, Air Traffic the basis for the notice of proposed of NDBs and/or VORs. Organization, 4500 Mercantile Plaza policy and request for comment (78 FR The decommissioning or Drive, Fort Worth, TX 76137; telephone 47048) published in the Federal discontinuance of NDBs or VORs is (202) 494–8898, email AMC-ATO-IFP- Register on August 2, 2013. The notice beyond the scope of this action. The [email protected]. sought comments on the proposed implementation of this policy will not Background criteria the FAA would utilize to decommission or discontinue the use of determine which NDB and VOR IAPs any facility, including NDBs and VORs. Right-sizing the National Airspace could be considered for cancellation. The purpose of this policy is to System (NAS) is an integral part of the appropriately identify IAPs that can be FAA’s commitment to deliver the Summary of Comments cancelled. benefits of the Next Generation Air The FAA received a total of 14 The DoD commented that the FAA Transportation System (NextGen) comments from individuals, the should explore additional methods to through enhanced technology, enhanced Department of Defense (DoD), AOPA, reduce costs of maintaining IAPs. The capabilities, and more efficient, the Maryland Aviation Administration, DoD stated that other methods to reduce streamlined services. Focus on the Wahoo Airport Authority, and costs may exist such as reducing the improvements in satellite-based SkyWest Airlines. costs of flight checks which form a navigation based on Global Positioning Several of the comments received significant portion of the IAP System (GPS) technology has facilitated concerned the ability to train pilots on maintenance costs. the implementation of a large number of NDB or VOR IAPs if the ground-based The FAA will continue to examine Performance Based Navigation (PBN) procedures at an airport were cancelled. ways to reduce operating costs Instrument Approach Procedures (IAPs) AOPA asserted that most flight associated with the maintenance of IFPs into the NAS. These PBN procedures instructors and pilots rely very heavily including reduction in flight check charted as RNAV (GPS) and RNAV on ground-based navigational aids for costs. (RNP) IAPs, improve the safety and initial and recurrent instrument flight Many commenters expressed concern efficiency of the NAS by providing more training activities. with GPS signal interruption, which precise, repeatable flight paths to the This policy will not reduce the ability emphasized, in their view, the need for runway. The total number of procedures to train pilots on NDB or VOR IAPs. redundant ground-based IAPs.

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Commenters also noted some The FAA will consider all public requirements for airports seeking to geographic areas in the NAS incur GPS comments before issuing a Final Rule impose noise or access restrictions on signal interference more regularly than removing selected IAPs. Stage 3 aircraft operations that become others due to U.S. Government testing. Airports considered for NDB or VOR effective after October 1, 1990. 49 U.S.C. Under this policy, the FAA will IAP cancellation: 47521 et seq. This notice is issued ensure that at least one ground based —All airports with an NDB IAP. pursuant to ANCA and 14 CFR IAP will remain at each airport. —All airports with a VOR/DME RNAV 161.315(b). The FAA agrees that the adopted IAP, unless it is the only IAP at the The Federal Aviation Administration criteria must also consider GPS signal airport. (FAA) announces that it has determined interference. Therefore, the FAA —All airports with two or more ground- the application for an airport noise and modifies this policy and adds the based IAPs and an RNAV IAP. access restriction submitted by the Los following as a factor to be considered: —All airports with multiple, redundant Angeles World Airports (LAWA) for Los ‘‘Airports located within an area ground-based IAPs (e.g., three VOR Angeles International Airport (LAX) routinely affected by GPS signal procedures). under the provisions of 49 U.S.C. 47524 interference testing.’’ of the ANCA, and 14 CFR part 161, to Additional factors for consideration The DoD stated that if IAPs at a civil be complete. The LAWA application in determining the list of potential airport are extensively utilized by seeks approval to adopt a new candidates for NDB or VOR IAP military aircraft for training and/or ordinance that would require all aircraft cancellation: proficiency, these IAPs should be operators to comply with prevailing retained. Additionally, the DoD —Prevailing wind runways. flows whenever LAX is in Over-Ocean suggested that DoD facilities should be —Prevailing runway alignment during or Westerly Operations from midnight added to the list of airports that are not adverse weather operations. to 6:30 a.m. The determination of considered for NDB or VOR IAP —Runways with a published ILS IAP completeness is not an approval or cancellations. and a ground-based IAP. disapproval of the proposed airport —For runways with multiple VOR and While this policy will not add DoD access restriction. FAA will review the NDB IAPs consider IAPs with the facilities to the list of airports that are application, public comments, and any lowest minimums (if minimums are not considered for NDB and VOR IAP other information obtained under within 20 feet of each other), and IAPs cancellation, the FAA agrees to modify § 161.137(b) and issue a decision that allow for optimum use by all the policy so that IAPs used extensively approving or disapproving the proposed users. by military aircraft for training and/or restriction. FAA intends to issue its —Airports located within an area proficiency will remain in the National decision by November 8, 2014. routinely affected by GPS signal Airspace System. Public Comments: Interested parties interference testing are invited to file comments on the Policy —Extensive use by the military for application. Comments are due 30 days After review and evaluation of the training and/or proficiency. public comments received on the policy after the publication of this notice in the Airports not considered for NDB or Federal Register. proposed in the Federal Register on VOR IAP cancellations: FOR FURTHER INFORMATION CONTACT: August 2, 2013 (FAA–2013–0265), the —Airports with only RNAV/RNP IAPs FAA adopts the criteria for selecting James Byers, Planning and published. Environmental Division, APP–400, 800 potential IAPs for cancellation as —Airports with only one ground-based proposed with two modifications based Independence Avenue SW., Washington procedure. DC 20591. on the comments received. FAA adds —Airports will not be considered if the following to the list of consideration Email address: [email protected]. cancellation would result in removing Comments on the application for the factors: ‘‘Airports located within an area all IAPs from the airport. routinely affected by GPS signal proposed noise and access restriction, interference testing’’ and ‘‘Extensive use Issued in Washington, DC, on June 19, including the environmental analysis, by the military for training and/or 2014. should be submitted in writing to this proficiency.’’ Abigail Smith, contact office. The NDB and VOR IAPs Director, Aeronautical Navigation Products. SUPPLEMENTARY INFORMATION: On recommended for cancellation will be [FR Doc. 2014–14913 Filed 6–26–14; 8:45 am] January 30, 2013 the Federal Aviation selected at airports using the adopted BILLING CODE 4910–13–P Administration (FAA) received an criteria. FAA notes that all airports application from LAWA under 14 Code having existing RNAV and ground- of Federal Regulations (CFR) Part 161 based IAPs will maintain at least one DEPARTMENT OF TRANSPORTATION seeking a Stage 3 aircraft noise and RNAV and one ground-based IAP under access restriction at Los Angeles this initiative. Federal Aviation Administration International Airport (LAX). The Instrument Approach Procedures are application was reviewed in accordance Notice of Proposed Airport Access incorporated by reference into Title 14 with 14 CFR 161.313(a), and was Restriction and Opportunity for Public of the Code of Federal Regulations part determined to be incomplete in the Comment 97, subpart C, and are promulgated by areas of Noise Exposure Maps (NEMs); rulemaking procedures. Once the FAA AGENCY: Federal Aviation Noise Study Area; Technical Data identifies IAPs that may be cancelled in Administration (FAA), Department of Supporting Noise Impact analysis; and accordance with the adopted policy Transportation (DOT). Cost Benefit Analysis. Notice of this noted above, the FAA will follow ACTION: Notice; Request for Comment. decision was sent to LAWA on March standard rulemaking procedures 1. On March 15, 2013, the FAA including a Notice of Proposed SUMMARY: The Airport Noise and provided LAWA additional information Rulemaking in the Federal Register Capacity Act of 1990 (hereinafter regarding the type of information and containing the list of NDB and VOR referred to as ‘‘the Act’’ or ‘‘ANCA’’) analysis required to complete the IAPs recommended for cancellation. provides notice, review, and approval application.

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On March 28, 2013 LAWA stated its statute or regulation; Condition 5: The DATES: We must receive your comments intent to revise the Part 161 application applicant has provided adequate on or before August 26, 2014. and resubmit it for further review. On opportunity for public comment on the ADDRESSES: You may submit comments July 5, 2013 FAA received a proposed restriction; and Condition 6: identified by Federal Docket ‘‘Supplemental Analysis’’ from LAWA The proposed restriction does not create Management System (FDMS) Docket that supplemented their initial an undue burden on the national Number FMCSA–2014–0192 using any application. The FAA reviewed the aviation system. of the following methods: Supplemental Analysis and determined Interested persons are invited to file • Federal eRulemaking Portal: http:// it to be incomplete. Notice of this comments to the FAA on the proposed www.regulations.gov. Follow the online decision was sent to LAWA on August restriction application. LAWA’s instructions for submitting comments. 2. The areas of Airport Noise Study Area application is available on their Web • Fax: 1–202–493–2251. and Noise Contours; Technical Data site at: http://www.lawa.org/LAX • Mail: Docket Operations; U.S. Supporting Noise Impact Analysis; and Part161.aspx. Your comments should Department of Transportation, 1200 Cost—Benefit Analysis continued to be relate to the factors that Part 161 New Jersey Avenue SE., West Building, incomplete. On August 20, 2013 LAWA requires an airport sponsor to address in Ground Floor, Room W12–140, 20590– stated its intent to revise the Part 161 its application for restriction approval. 0001. application and resubmit it to the FAA. All relevant comments received within • Hand Delivery or Courier: West On May 12, 2014, FAA received the public comment period will be Building, Ground Floor, Room W12– LAWA’s revised application. On May considered by FAA to the extent 140, 1200 New Jersey Avenue SE., 22, LAWA submitted an errata sheet. On practicable before FAA makes its final Washington, DC, between 9 a.m. and 5 June 10, 2014, FAA determined LAWA’s decision on the application. p.m. e.t., Monday through Friday, Questions may be directed to the application to be complete. ANCA except Federal holidays. individual named above under the establishes a 180 day review period for Instructions: All submissions must heading, FOR FURTHER INFORMATION the application. Under 14 CFR include the Agency name and docket CONTACT. 161.313(c)(4)(ii), the review period number. For detailed instructions on starts on the date of receipt of the last Issued in Washington, DC on June 20, submitting comments and additional supplement to the application. 2014. information on the exemption process, Pursuant to 14 CFR 161.317, FAA Frank J. San Martin, see the Public Participation heading may approve or disapprove, in whole or Acting Director, Office of Airport Planning below. Note that all comments received in part, the proposed restriction or any and Programming. alternative restriction submitted by will be posted without change to [FR Doc. 2014–15150 Filed 6–26–14; 8:45 am] LAWA. This notice also announces the http://www.regulations.gov, including availability of the proposed airport BILLING CODE 4910–13–P any personal information provided. access restriction for public review and Please see the Privacy Act heading below. invites interested parties to file DEPARTMENT OF TRANSPORTATION comments to the FAA within 30 days Docket: For access to the docket to read background documents or after this notice is published in the Federal Motor Carrier Safety comments received, go to http:// Federal Register. Administration FAA Action Under Part 161 Subpart www.regulations.gov, and follow the D. FAA will review and render a [Docket No. FMCSA–2014–0192] online instructions for accessing the dockets, or go to the street address listed decision on the restriction as a whole, Agency Information Collection including its impacts on aircraft above. Activities; New Information Collection Privacy Act: Anyone is able to search operations that are not classified as or Revision of an Approved Stage 3, at the time it issues its decision the electronic form of all comments Information Collection: Motor Carrier to approve or disapprove the received into any of our dockets by the Records Change Form application for a Stage 3 aircraft noise name of the individual submitting the and access restriction submitted under AGENCY: Federal Motor Carrier Safety comment (or signing the comment, if Subpart D of Part 161. This review will Administration (FMCSA), DOT. submitted on behalf of an association, include a determination on how the ACTION: Notice and request for business, labor union, etc.). You may restriction proposal addresses other comments. review DOT’s complete Privacy Act applicable Federal law and LAX’s grant Statement for the Federal Docket assurances. SUMMARY: In accordance with the Management System published in the The FAA’s evaluation will be Paperwork Reduction Act of 1995, Federal Register on January 17, 2008 conducted under the provisions of 14 FMCSA announces its plan to submit (73 FR 3316), or you may visit http:// CFR Part 161. FAA may approve the the Information Collection Request (ICR) edocket.access.gpo.gov/2008/pdfE8- restriction only if it finds on the basis described below to the Office of 794.pdf. of substantial evidence that the Management and Budget (OMB) for its Public Participation: The Federal following six statutory criteria are met. review and approval and invites public eRulemaking Portal is available 24 These six statutory conditions of comment. The purpose of this ICR hours each day, 365 days each year. You approval are: Condition 1: The entitled ‘‘Motor Carrier Records Change can obtain electronic submission and restriction is reasonable, nonarbitrary, Form,’’ is to more efficiently collect retrieval help and guidelines under the and nondiscriminatory; Condition 2: information the Office of Registration ‘‘help’’ section of the Federal The restriction does not create an undue and Safety Information (MC–RS) eRulemaking Portal Web site. If you burden or interstate or foreign requires to process name and address want us to notify you that we received commerce; Condition 3: The proposed changes and reinstatements of operating your comments, please include a self- restriction maintains safe and efficient authority. Currently, this data is being addressed, stamped envelope or use of the navigable airspace; Condition collected when carriers request these postcard, or print the acknowledgement 4: The proposed restriction does not changes from MC–RS, but without the page that appears after submitting conflict with any existing Federal use of a formal data collection form. comments online. Comments received

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after the comment closing date will be so. But the current method of collecting the estimated burden; (3) ways for included in the docket and will be the data means that many requests FMCSA to enhance the quality, considered to the extent practicable. include incomplete data, and cannot be usefulness, and clarity of the collected FOR FURTHER INFORMATION CONTACT: Jeff processed without additional follow-up information; and (4) ways that the Secrist, Chief, East-South Division, efforts by both FMCSA staff and the burden could be minimized without FMCSA Office of Registration & Safety entities. This multi-purpose form, reducing the quality of the collected Information, West Building 6th Floor, therefore, would simplify the process of information. The agency will summarize 1200 New Jersey Avenue SE., gathering the information needed to or include your comments in the request Washington, DC 20590. Telephone: process the entities’ requests in a timely for OMB’s clearance of this information (202) 385–2367; email jeff.secrist@ manner, with the least amount of effort collection. dot.gov. for all parties involved. This multi- Issued under the authority delegated in 49 SUPPLEMENTARY INFORMATION: purpose form would be filed by CFR 1.87 on: June 18, 2014. Background: The Federal Motor registrants on a voluntary, as-needed G. Kelly Regal, Carrier Safety Administration (FMCSA) basis. This multi-purpose form could be Associate Administrator, Office of Research registers for-hire motor carriers under 49 put on the FMCSA Web site so entities and Information Technology and Chief U.S.C. 13902, surface freight forwarders could access and print/fax/email the Information Officer. under 49 U.S.C. 13903, and property form to MC–RS. [FR Doc. 2014–15026 Filed 6–26–14; 8:45 am] Users may report the following data brokers under 49 U.S.C. 13904. Each BILLING CODE P registration is effective from the date points (whichever are relevant to their specified under 49 U.S.C. 13905(c). 49 records change request): CFR part 365.413: ‘‘Procedures for 1. What are the legal/doing business DEPARTMENT OF TRANSPORTATION changing the name or business form of as names of the entity/representative? a motor carrier, freight forwarder, or 2. What is the contact information of Federal Motor Carrier Safety property broker’’ states that carriers entity/representatives (phone number, Administration must submit a letter containing the address, fax number, email address)? 3. What are the requested changes to required information to FMCSA’s Office [Docket No. FMCSA–2014–0111] of Registration and Safety Information name or address of entity? 4. What is the docket MC/MX/FX (MC–RS), formerly sent to FMCSA’s IT Hours of Service of Drivers: number of the entity? Operations Division (MC–RIO), Application of Illumination Fireworks, 5. What is the US DOT number of the requesting the change; the new form LLC and ACE Pyro LLC, for Exemption entity? would assist entities in reporting this From the 14-Hour Rule During 6. Is there any change in ownership, Independence Day Celebrations information accurately and completely. management or control of the entity? 49 CFR 360.3(f) mentions fees that 7. What kind of changes is the entity FMCSA collects for ‘‘petition for AGENCY: Federal Motor Carrier Safety making to the company? Administration (FMCSA), DOT. reinstatement of revoked operating 8. Which authority does the entity/ authority,’’ but does not provide any representative wish to reinstate, motor ACTION: Notice of final disposition; grant specifics for the content that petition carrier or broker? of applications for exemptions. should take. 9. Does the entity/representative For-hire motor carriers, brokers and authorize the fee for the name change or SUMMARY: FMCSA announces its freight forwarders are required to notify reinstatement? decision to grant exemptions to MC–RS when they change the name or 10. Does the entity/representative Illumination Fireworks, LLC and ACE address of the company. Currently, the authorize the reinstatement of operating Pyro, LLC (the applicants) from the name change request can be filed online authority or name/address change? requirement that drivers of commercial through the Licensing and Insurance 11. What is the credit card motor vehicles (CMVs) must not drive (L&I) Web site, or companies can fax or information (name, number, expiration following the 14th hour after coming on mail a letter requesting either name or date, address, date) for the card used to duty. The exemptions will apply solely address changes. Carriers can also pay the fee? to the operation of 50 CMV drivers request reinstatement of a revoked Title: Motor Carrier Records Change employed by the applicants in operating authority either via fax or Form. conjunction with staging fireworks online via the Licensing & Insurance OMB Control Number: 2126–00XX. shows celebrating Independence Day (L&I) Web site. But many choose not to Type of Request: New collection. during the periods June 28–July 8, 2014, do so. About 40% of name changes and Respondents: For-hire motor carriers, inclusive. During this period, the CMV 60% of reinstatements are filed online. brokers and freight forwarders. drivers employed by the applicants will Of the rest, most are filed by faxing a Estimated Number of Respondents: be allowed to exclude off-duty and request letter to MC–RS. All the address 22,300. sleeper-berth time of any length from changes are received by either fax or Estimated Time per Response: 15 the calculation of the 14 hours. These mail. The information collected is then minutes per response. drivers will not be allowed to drive after entered in the L&I database by FMCSA Expiration Date: N/A. accumulating a total of 14 hours of on- staff. This enables FMCSA to maintain Frequency of Response: On occasion. duty time, following 10 consecutive up-to-date records so that the agency Estimated Total Annual Burden: hours off duty, and would continue to can recognize the entity in question in 5,575 hours [22,300 annual responses × be subject to the 11-hour driving time case of enforcement actions or other 0.25 hours = 5,575]. limit, and the 60- and 70-hour on-duty procedures required to ensure that the Public Comments Invited: You are limits. The Agency has determined that carrier is fit, willing and able to provide asked to comment on any aspect of this the terms and conditions of the limited for-hire transportation services, and so information collection, including: (1) 1-year exemptions will ensure a level of that entities whose authority has been Whether the proposed collection is safety equivalent to, or greater than, the revoked can resume operation if they necessary for the performance of level of safety achieved without the are not otherwise blocked from doing FMCSA’s functions; (2) the accuracy of exemptions.

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DATES: The exemptions are effective applicants state that the basis for their hours of duty in the late afternoon and during the periods of June 28 (12:01 request is the existing FMCSA early evening prior to the event. During a.m.) through July 8, 2014 (11:59 p.m.). exemption granted to the American this time, the drivers are able to rest and FOR FURTHER INFORMATION CONTACT: Ms. Pyrotechnics Association (APA) under nap, thereby reducing or eliminating the Pearlie Robinson, FMCSA Driver and Docket No. FMCSA–2007–28043, which fatigue accumulated during the day. Carrier Operations Division; Office of exempts comparable fireworks Before beginning another duty day, Carrier, Driver and Vehicle Safety companies from the 14-hour rule. these drivers must take 10 consecutive Standards; Telephone: 202–366–4325. The applicants further state they are hours off duty, the same as other CMV Email: [email protected]. seeking HOS exemptions for the 2014 drivers. and 2015 Independence Day periods A copy of the application for the SUPPLEMENTARY INFORMATION: because compliance with the 14-hour exemptions is available for review in the Background rule would impose economic hardship docket for this notice. on cities, municipalities, and The hours-of-service (HOS) rule in 49 themselves. Complying with the Public Comments CFR 395.3(a)(2) prohibits a property- existing regulations means most shows On May 13, 2014, FMCSA published carrying CMV driver from driving a would require two drivers, significantly notice of this application, and asked for CMV after the 14th hour after coming on increasing the cost of the fireworks public comment (79 FR 27364). Three duty following 10 consecutive hours off display. comments were received to the public duty. FMCSA has authority under 49 The applicants assert that without the docket. Mr. Thomas Ingraldi did not U.S.C. 31136(e) and 31315 to grant extra duty-period provided by the oppose or support the exemption. He exemptions from certain parts of the exemption, safety would decline stated that: Federal Motor Carrier Safety because firework drivers would be The overall log rules are not the problem. Regulations. FMCSA must publish a unable to return to their home base after notice of each exemption request in the Only one rule hampers production and each show should they have fireworks serves no purpose. This rule was to create Federal Register (49 CFR 381.315(a)). remaining after the display. They would circadian rhythms in drivers and failed The Agency must provide the public an be forced to park the CMVs carrying miserably. That rule is the 14 hour clock. opportunity to inspect the information Division 1.3G and 1.4G products in Remove that one rule and production relevant to the application, including areas less secure than the motor carriers’ increases because we can drive and sleep as any safety analyses that have been home base. our body needs not as the clock dictates. conducted. The Agency must also Another respondent, S. Johnson Method To Ensure an Equivalent or provide an opportunity for public opposed the exemption and stated, Greater Level of Safety comment on the request. ‘‘There is NO reason the celebrations The Agency reviews safety analyses As a condition for maintaining the cannot be performed within the current and public comments submitted, and exemptions, each motor carrier would driving and on duty regulations. No determines whether granting the be required to notify FMCSA within 5 worker should perform over 14 hours exemption would likely achieve a level business days of any accident (as per day. If additional hours are required, of safety equivalent to, or greater than, defined in 49 CFR 390.5) involving the a second crew should be hired.’’ the level that would be achieved by the operation of any CMVs under this The Advocates for Highway and Auto current regulation (49 CFR 381.305). exemption. The applicants advise they Safety (Advocates) also opposed the The decision of the Agency must be have never been in an accident. As exemption. Advocates contends that its published in the Federal Register (49 additional support for the requested arguments against the granting of the CFR 381.315(b)) with the reasons for exemptions, the applicants contend that present exemption are almost identical denying or granting the application and, the nature and duties of APA CMV to those provided in prior comments if granted, the name of the person or operators is exactly the same as the regarding similar applications for class of persons receiving the CMV operators it employs and they feel exemption filed by the American exemption, and the regulatory provision strongly that there will not be any Pyrotechnics Association (APA). from which the exemption is granted. decline in safety. Because the present application relies The notice must also specify the In the exemption request, the almost entirely upon the APA effective period and explain the terms applicants assert that the operational exemption application process as a and conditions of the exemption. The demands of this unique industry foundation for its application, exemption may be renewed (49 CFR minimize the risks of CMV crashes. In Advocates sees no need to restate the 381.300(b)). the last few days before the arguments in their entirety. Independence Day holiday, these Request for Exemption Advocates further stated its concern drivers transport fireworks over with the safety record of ACE Pyro Illumination Fireworks, LLC (USDOT relatively short routes from distribution LLC’s referring to the carrier’s driver, 2326703) and ACE Pyro, LLC (USDOT points to the site of the fireworks vehicle, and hazardous materials out-of- 1352892) are fireworks display display, and normally do so in the early service rates which have been above companies that employ CMV drivers morning when traffic is light. The National averages. Advocates requested who hold commercial driver’s licenses applicants noted that during the 2013 FMCSA exclude ACE Pyro LLC from the with hazardous materials endorsements Independence Day season, the furthest exemption if the agency decides to grant to transport Division 1.3G and 1.4G Illumination Fireworks or ACE Pyro the exemption based on its questionable fireworks in conjunction with the setup CMV traveled from its home base was safety record. All comments are of firework shows for Independence 150 miles, which involves a very small available for review in the docket for Day. The applicants seek exemptions amount of driving compared to the this notice. from the 14-hour rule in 49 CFR distance traveled by companies covered 395.3(a)(2) so that drivers would be by the APA exemption. At the site, they FMCSA Response to Public Comments allowed to exclude off-duty and sleeper- spend considerable time installing, and Agency Decision berth time of any length from the wiring, and safety-checking the Prior to publishing the Federal calculation of the 14 hours. The fireworks displays, followed by several Register notice announcing the receipt

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of the applicants exemption request, Regulations (49 CFR parts 350–399) and Issued on: June 20, 2014. FMCSA ensured that the motor carriers Hazardous Materials Regulations (49 Anne S. Ferro, involved have a current USDOT CFR parts 105–180). Administrator. registration, Hazardous Materials Safety Other Conditions [FR Doc. 2014–15043 Filed 6–26–14; 8:45 am] Permit (if required), minimum required BILLING CODE 4910–EX–P levels of insurance, and are not subject The exemptions are contingent upon to any ‘‘imminent hazard’’ or other OOS each carrier maintaining USDOT orders. The Agency conducted a registration, a Hazardous Materials DEPARTMENT OF TRANSPORTATION comprehensive investigation of the Safety Permit (if required), minimum safety performance history of each levels of public liability insurance, and Surface Transportation Board applicant during the review process. As not being subject to any ‘‘imminent part of this process, FMCSA reviewed hazard’’ or other out-of-service (OOS) [Docket No. FD 35841] its Motor Carrier Management order issued by FMCSA. Each driver Information System (MCMIS) safety covered by the exemptions must Piedmont & Atlantic Railroad Co., Inc., records, including inspection and maintain a valid CDL with the required d/b/a/ Yadkin Valley Railroad accident reports submitted to FMCSA endorsements, not be subject to any Company—Lease Exemption by State agencies, for each applicant OOS order or suspension of driving Containing Interchange Commitment— motor carrier. The Agency also privileges, and meet all physical Norfolk Southern Railway Company requested and received a records review qualifications required by 49 CFR part 391. Piedmont & Atlantic Railroad Co., of each carrier from the Pipeline and Inc., d/b/a/ Yadkin Valley Railroad Hazardous Materials Safety Preemption Company (YVRR), a Class III rail carrier, Administration (PHMSA). Upon During the periods the exemptions are has filed a verified notice of exemption completion of this comprehensive in effect, no State may enforce any law under 49 CFR 1150.41 to continue to review, the Agency concludes that the or regulation that conflicts with or is lease from Norfolk Southern Railway applicants will likely achieve a level of inconsistent with the exemptions with Company (NSR) and operate safety that is equivalent to, or greater respect to a person or entity operating approximately 93 miles of rail line that than, the level of safety achieved under the exemptions (49 U.S.C. extend: (1) Approximately from without the exemption [49 CFR 31315(d)). milepost K–37.0 at Rural Hall, Forsyth 381.305(a)], and grants the requested County, N.C., to milepost K–100.2 at exemptions covering the operations of FMCSA Accident Notification North Wilkesboro, Wilkes County, N.C.; 50 CMV drivers employed by the Exempt motor carriers must notify and (2) approximately from milepost applicants. However, the Agency limits FMCSA within 5 business days of any CF–0.0 at Mount Airy, Surry County, the exemption to 2014 given the accidents (as defined by 49 CFR 390.5) N.C., to milepost CF–29.8 at Rural Hall, concerns expressed by the Advocates. involving the operation of any of its Forsyth County, N.C.1 Terms and Conditions of the Exemption CMVs while under this exemption. The YVRR and NSR have recently notification must include the following amended their original lease agreement. Period of the Exemption information: The amendment, among other things, The exemptions from the a. Date of the accident, extends the term of the original lease requirements of 49 CFR 395.3(a)(2) are b. City or town, and State, in which agreement. YVRR states that both the effective during the period of June 28 the accident occurred, or which is original lease agreement and the (12:01 a.m.) through July 8, 2014 (11:59 closest to the scene of the accident, amended lease agreement contain a c. Driver’s name and driver’s license p.m.), inclusive. lease credit arrangement, which the number, Board has previously identified as a Extent of the Exemptions d. Vehicle number and State license type of interchange commitment in The drivers employed by the number, e. Number of individuals suffering Information Required in Notices and applicants are provided a limited physical injury, Petitions Containing Interchange exemption from the requirements of 49 f. Number of fatalities, Commitments, EP 714 (STB served Sept. CFR 395.3(a)(2). This regulation g. The police-reported cause of the 5, 2013). Accordingly, YVRR has prohibits a driver from driving a CMV accident, provided the required information set after the 14th hour after coming on duty h. Whether the driver was cited for forth at 49 CFR 1150.43(h)(1). However, and does not permit off-duty periods to violation of any traffic laws, or motor YVRR and NSR assert that, under the extend the 14-hour limit. Drivers carrier safety regulations, and facts of this transaction, the lease credit covered by the exemptions may exclude i. The total driving time and the total arrangement does not constitute an off-duty and sleeper-berth time of any on-duty time of the CMV driver at the interchange commitment subject to the length from the calculation of the 14- time of the accident. interchange commitment rules and have hour limit. The exemptions are contemporaneously filed a joint motion contingent on each driver driving no Termination to strike the information required under more than 11 hours in the 14-hour The FMCSA does not believe the two 49 CFR 1150.43(h) that YVRR has period after coming on duty as extended motor carriers and 50 drivers covered by provided in its notice. The Board will by any off-duty or sleeper-berth time in the exemptions will experience any address the motion to strike in a accordance with this exemption. The deterioration of their safety record. separate decision. exemptions are further contingent on However, should this occur, FMCSA each driver having a minimum of 10 will take all steps necessary to protect 1 YVRR was granted authority to lease and consecutive hours off duty prior to the public interest, including revocation operate the rail line in Piedmont & Atlantic beginning a new duty period. The of the exemptions. The FMCSA will Railroad—Lease & Operation Exemption—L&S Holding Co., FD 32462 (ICC served Mar. 29, 1994) carriers and drivers must comply with immediately revoke the exemptions for (original lease agreement). Subsequently, YVRR all other applicable requirements of the failure to comply with its terms and became the lessee (rather than the sub-lessee) of the Federal Motor Carrier Safety conditions. line at issue.

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YVRR has certified that its projected DEPARTMENT OF TRANSPORTATION becomes effective). An original and 10 annual revenues as a result of this copies of all pleadings, referring to transaction will not result in YVRR’s Surface Transportation Board Docket No. FD 35835, must be filed with becoming a Class II or Class I rail [Docket No. FD 35835] the Surface Transportation Board, 395 E carrier. It appears, however, that its Street SW., Washington, DC 20423– projected annual revenues will exceed Indiana Southern Railroad, LLC— 0001. In addition, a copy of each $5 million. Accordingly, YVRR is Temporary Trackage Rights pleading must be served on Eric M. required, at least 60 days before this Exemption—Norfolk Southern Railway Hockey, One Commerce Square, 2005 exemption is to become effective, to Company Market Street, Suite 1000, Philadelphia, send notice of the transaction to the PA 19103. Norfolk Southern Railway Company Board decisions and notices are national offices of the labor unions with (NSR), pursuant to a written trackage employees on the affected lines, post a available on our Web site at rights agreement (Agreement) dated May WWW.STB.DOT.GOV. copy of the notice at the workplace of 19, 2014, has agreed to grant temporary the employees on the affected lines, and overhead trackage rights to Indiana Decided: June 24, 2014. certify to the Board that it has done so. Southern Railroad, LLC (ISRR) over By the Board, Rachel D. Campbell, 49 CFR 1150.42(e). NSR’s line of railroad between milepost Director, Office of Proceedings. YVRR, concurrently with its notice of 0.8 EJ at Oakland City Junction, Ind., Jeffrey Herzig, exemption, filed a petition for waiver of and milepost 4.8 EJ at Enosville, Ind., a Clearance Clerk. the 60-day advance labor notice distance of approximately 4.0 miles.1 [FR Doc. 2014–15098 Filed 6–26–14; 8:45 am] requirement under § 1150.42(e), The transaction may be consummated BILLING CODE 4915–01–P asserting that: (1) No NSR employees on or after July 12, 2014, the effective will be affected because no NSR date of the exemption (30 days after the verified notice of exemption was filed). employees have worked on the line DEPARTMENT OF THE TREASURY since 1997; and (2) no YVRR employees The temporary trackage rights are will be affected because YVRR’s rail scheduled to expire on December 31, Submission for OMB Review; operations will remain substantially the 2014. The purpose of the temporary Comment Request same as its operations under the original trackage rights is to allow ISRR to bridge June 24, 2014. lease agreement. YVRR’s waiver request loaded and empty coal trains between will be addressed in a separate decision. Enosville and Oakland City Junction, for The Department of the Treasury will further movement over ISRR’s line to submit the following information YVRR states that it intends to Petersburg, Ind. collection request to the Office of consummate the transaction on or after As a condition to this exemption, any Management and Budget (OMB) for the effective date of this notice. The employees affected by the acquisition of review and clearance in accordance Board will establish in the decision on the temporary trackage rights will be with the Paperwork Reduction Act of the waiver request the earliest date this protected by the conditions imposed in 1995, Public Law 104–13, on or after the transaction may be consummated. Norfolk & Western Railway—Trackage date of publication of this notice. If the notice contains false or Rights—Burlington Northern, Inc., 354 DATES: Comments should be received on misleading information, the exemption I.C.C. 605 (1978), as modified in or before July 28, 2014 to be assured of is void ab initio. Petitions to revoke the Mendocino Coast Railway, Inc.—Lease consideration. & Operate—California Western exemption under 49 U.S.C. 10502(d) ADDRESSES: Send comments regarding may be filed at any time. The filing of Railroad, 360 I.C.C. 653 (1980), and any the burden estimate, or any other aspect a petition to revoke will not employees affected by the of the information collection, including automatically stay the effectiveness of discontinuance of those trackage rights suggestions for reducing the burden, to will be protected by the conditions set the exemption. Petitions for stay must (1) Office of Information and Regulatory out in Oregon Short Line Railroad be filed no later than July 3, 2014. Affairs, Office of Management and —Abandonment Portion Goshen Branch An original and ten copies of all Budget, Attention: Desk Officer for Between Firth & Ammon, in Bingham & Treasury, New Executive Office pleadings, referring to Docket No. FD Bonneville Counties, Idaho, 360 I.C.C. 35841, must be filed with the Surface Building, Room 10235, Washington, DC 91 (1979). 20503, or email at OIRA_Submission@ Transportation Board, 395 E Street SW., This notice is filed under 49 CFR OMB.EOP.gov and (2) Treasury PRA Washington, DC 20423–0001. In 1180.2(d)(8). If it contains false or Clearance Officer, 1750 Pennsylvania addition, one copy of each pleading misleading information, the exemption Ave. NW., Suite 8140, Washington, DC must be served on Rose-Michele Nardi, is void ab initio. Petitions to revoke the 20220, or email at [email protected]. Transport Counsel PC, 1701 exemption under 49 U.S.C. 10502(d) Pennsylvania Ave. NW., Ste. 300, may be filed at any time. The filing of FOR FURTHER INFORMATION CONTACT: Washington, DC 20006. a petition to revoke will not Copies of the submission(s) may be obtained by calling (202) 927–5331, Board decisions and notices are automatically stay the effectiveness of the exemption. Petitions for stay must email at [email protected], or the entire available on our Web site at information collection request may be WWW.STB.DOT.GOV. be filed no later than July 3, 2014 (at least 7 days before the exemption found at www.reginfo.gov. Decided: June 24, 2014. Internal Revenue Service (IRS) By the Board, Rachel D. Campbell, 1 A redacted version of the Agreement between Director, Office of Proceedings. NSR and ISRR was filed with the notice of OMB Number: 1545–2198. exemption. ISRR simultaneously filed a motion for Type of Review: Revision of a Jeffrey Herzig, protective order to protect the confidential and currently approved collection. Clearance Clerk. commercially sensitive information contained in the unredacted version of the Agreement, which Title: Employee Health Insurance [FR Doc. 2014–15052 Filed 6–26–14; 8:45 am] ISRR submitted under seal in this proceeding. That Expenses of Small Employers. BILLING CODE 4915–01–P motion will be addressed in a separate decision. Form: 8941.

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Abstract: Section 45R of the Internal conflicts of interest in Venture Capital www.Regulations.gov, or to Office of Revenue Code (Code) offers a tax credit Programs. Information and Regulatory Affairs, to certain small employers that provide Treasury is revising the last sentence Office of Management and Budget, Attn: insured health coverage to their of paragraph I.C. ‘‘Rule Applicable to VA Desk Officer; 725 17th St. NW., employees. Section 45R was added to Independent Non-Profit and For-Profit Washington, DC 20503 or sent through the Code by section 1421 of the Patient Entities that Invest SSBCI Funds for electronic mail to oira_submission@ Protection and Affordable Care Act, Follow-On and Crossover Investments’’ omb.eop.gov. Please refer to ‘‘OMB enacted March 23, 2010, Public Law in order to clarify when an investment Control No. 2900–0773 (Veterans, 111–148 (as amended by section of SSBCI funds is allowed. This is not Researchers, and IRB Members 10105(e) of the Patient Protection and a policy change, but a clarification to Experiences with Recruitment Affordable Care Act, which was make the policy easily understood. The Restrictions)’’ in any correspondence. amended by the Health Care and change inserts the word ‘‘prior’’ to the During the comment period, comments Education Reconciliation Act of 2010, last sentence of the paragraph, to specify may be viewed online through the Public Law 111–152 (124 Stat. 1029)) that the funds in question must have FDMS. (collectively, the ‘‘Affordable Care been from a prior investment. The line FOR FURTHER INFORMATION CONTACT: Act’’). Eligible small employers use would now read ‘‘an investment of Crystal Rennie, Enterprise Records Form 8941 to figure the credit for small SSBCI funds in a company or venture Service (005R1B), Department of employer health insurance premiums capital fund in which the entity holds Veterans Affairs, 810 Vermont Avenue for tax years. any type of financial interest resulting NW., Washington, DC 20420, (202) 632– Affected Public: Private sector: from a prior investment made with non- 7492 or email [email protected]. Businesses or other for profits, not-for- SSBCI funds’’ as the bolded, underlined Please refer to ‘‘OMB Control No. 2900– profit institutions; farms. words are added. 0773 (Veterans, Researchers, and IRB Estimated Annual Burden Hours: The revisions to the National Members Experiences with Recruitment 34,278,346. Standards are available on Treasury’s Restrictions)’’ in any correspondence. Web site at www.treasury.gov/ssbci. Dawn D. Wolfgang, SUPPLEMENTARY INFORMATION: Under the Treasury PRA Clearance Officer. Dated: June 19, 2014. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. [FR Doc. 2014–15072 Filed 6–26–14; 8:45 am] Clifton G. Kellogg, 3501–3521), Federal agencies must BILLING CODE 4830–01–P Director, State Small Business Credit obtain approval from the Office of Initiative. Management and Budget (OMB) for each [FR Doc. 2014–15063 Filed 6–26–14; 8:45 am] collection of information they conduct DEPARTMENT OF THE TREASURY BILLING CODE 4810–25–P or sponsor. This request for comment is being made pursuant to Section State Small Business Credit Initiative; 3506(c)(2)(A) of the PRA. Notice of Availability of Revised Policy DEPARTMENT OF VETERANS With respect to the following Guidelines and National Standards AFFAIRS collection of information, VHA invites AGENCY: comments on: (1) Whether the proposed State Small Business Credit [OMB Control No. 2900–0773] Initiative (SSBCI), Department of the collection of information is necessary Treasury. Agency Information Collection for the proper performance of VHA’s ACTION: Notice of document availability. (Veterans Health Benefits Handbook functions, including whether the Satisfaction Survey) Activities Under information will have practical utility; SUMMARY: This Notice announces a OMB Review (2) the accuracy of VHA’s estimate of technical correction in the recently the burden of the proposed collection of updated SSBCI National Standards for AGENCY: Veterans Health information; (3) ways to enhance the Compliance and Oversight. Administration, Department of Veterans quality, utility, and clarity of the DATES: Effective Date: June 27, 2014. Affairs. information to be collected; and (4) ADDRESSES: Copies of the document are ACTION: Notice. ways to minimize the burden of the available at the SSBCI Web site at collection of information on www.treasury.gov/ssbci. SUMMARY: In compliance with the respondents, including through the use Paperwork Reduction Act (PRA) of 1995 FOR FURTHER INFORMATION CONTACT: of automated collection techniques or (44 U.S.C. 3501–3521), this notice Requests for additional information the use of other forms of information announces that the Veterans Health should be directed to Deputy Director, technology. Administration (VHA), Department of SSBCI, Department of the Treasury, 655 SUPPLEMENTARY INFORMATION: Veterans Affairs, will submit the 15th Street NW., Washington, DC 20220. Titles: Veterans Health Benefits collection of information abstracted Handbook Satisfaction Survey SUPPLEMENTARY INFORMATION: SSBCI was below to the Office of Management and OMB Control Number: 2900–0773 created under the Small Business Jobs Budget (OMB) for review and comment. Act of 2010 (Pub. L. 111–240) (the The PRA submission describes the Type of Review: Revision of a ‘‘Act’’) to help establish and strengthen nature of the information collection and currently approved collection state programs that support lending to its expected cost and burden and Abstract: The Veterans’ Health small businesses. Treasury published includes the actual data collection Benefits Handbook will contain general the SSBCI National Standards for instrument. eligibility and benefits information and Compliance and Oversight (‘‘National most importantly, information specific Standards’’), which are applicable to all DATES: Written comments and to the recipient. VHA hopes to provide Participating States as they implement recommendations on the proposed Veterans an opportunity to give their SSBCI programs. Treasury updated collection of information should be anonymous feedback on the content and the National Standards in May 2014, received on or before July 28, 2014. presentation of this material. VHA will but has since determined there is a need ADDRESSES: Submit written comments use the information gathered to for further clarification regarding on the collection of information through determine how well the Handbook

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meets Veterans’ needs and make information, including each proposed information to be collected; and (4) changes to the Handbook where needed. revision of a currently approved ways to minimize the burden of the Affected Public: Individuals or collection and allow 60 days for public collection of information on households. comment in response to the notice. respondents, including through the use Estimated Annual Burden: 135 DATES: Written comments and of automated collection techniques or Burden hours. recommendations on the proposed the use of other forms of information Estimated Average Burden per collection of information should be technology. Respondent: 5 minutes. received on or before August 26, 2014. Title: Application for Disability Frequency of Response: 1.53 annually Compensation and Related Estimated Number of Respondents: ADDRESSES: Submit written comments Compensation Benefits, VA Form 21– 1060 on the collection of information through the Federal Docket Management System 526EZ. Dated: June 23, 2014. (FDMS) at www.Regulations.gov; or to OMB Control Number: 2900–0747. By direction of the Secretary. Nancy J. Kessinger, Veterans Benefits Type of Review: Revision of a Crystal Rennie, Administration (20M35), Department of currently approved collection. VA Clearance Officer, U.S. Department of Veterans Affairs, 810 Vermont Avenue Abstract: Public Law 110–389, Veterans Affairs. NW., Washington, DC 20420; or email Section 221(a) directs the Department of [FR Doc. 2014–15004 Filed 6–26–14; 8:45 am] [email protected]. Please refer to Veterans Affairs (VA) to expeditiously BILLING CODE 8320–01–P ‘‘OMB Control No. 2900–0747’’ in any process fully developed compensation correspondence. During the comment claims after receipt of the claim. The period, comments may be viewed online law requires the claimant or the DEPARTMENT OF VETERANS at FDMS. representative submit a certification in AFFAIRS FOR FURTHER INFORMATION CONTACT: writing that it’s signed and dated by the [OMB Control No. 2900–0747] Nancy J. Kessinger at (202) 632–8924 or claimant and/or the representative FAX (202) 632–8925. stating that, as of such date, no Proposed Information Collection SUPPLEMENTARY INFORMATION: Under the additional information or evidence is (Application for Disability PRA of 1995 (Pub. L. 104–13; 44 U.S.C. available or needs to be submitted in Compensation and Related 3501–3521), Federal agencies must order for the claim to be adjudicated. Compensation Benefits) Activity: obtain approval from the Office of Affected Public: Individuals and Comment Request Management and Budget (OMB) for each Households. AGENCY: Veterans Benefits collection of information they conduct Estimated Annual Burden: 14,505 Administration, Department of Veterans or sponsor. This request for comment is hours. Affairs. being made pursuant to Section Estimated Average Burden per ACTION: Notice. 3506(c)(2)(A) of the PRA. Respondent: 25 minutes. With respect to the following Frequency of Response: One time. SUMMARY: The Veterans Benefits collection of information, VBA invites Estimated Number of Respondents: Administration (VBA), Department of comments on: (1) Whether the proposed 34,813. Veterans Affairs (VA), is announcing an collection of information is necessary opportunity for public comment on the for the proper performance of VBA’s Dated: June 23, 2014. proposed collection of certain functions, including whether the By direction of the Secretary. information by the agency. Under the information will have practical utility; Crystal Rennie, Paperwork Reduction Act (PRA) of (2) the accuracy of VBA’s estimate of the Department Clearance Officer, Department of 1995, Federal agencies are required to burden of the proposed collection of Veterans Affairs. publish notice in the Federal Register information; (3) ways to enhance the [FR Doc. 2014–15008 Filed 6–26–14; 8:45 am] concerning each proposed collection of quality, utility, and clarity of the BILLING CODE 8320–01–P

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 229 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations; Final Rule

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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Kate ESA. Section 7(a)(2) of the ESA requires Swails, NMFS, Greater Atlantic Region, federal agencies to ensure that any National Oceanic and Atmospheric 978–282–8481, [email protected]; action authorized, funded or authorized Administration Kristy Long, NMFS Office of Protected by the agency is not likely to jeopardize Resources, 301–427–8440, Kristy.Long@ the continued existence of any 50 CFR Part 229 noaa.gov; or Barb Zoodsma, NMFS endangered or threatened species. Southeast Region, 904–321–2806, Details concerning the development and [Docket No. 130201095–4400–02] [email protected]. justification of this final rule were SUPPLEMENTARY INFORMATION: provided in the preamble to the RIN 0648–BC90 proposed rule (78 FR 42654, July 16, Electronic Access Taking of Marine Mammals Incidental 2013) and are not repeated here. to Commercial Fishing Operations; Several of the background documents As a result of public input provided Atlantic Large Whale Take Reduction for the Plan and the take reduction through the scoping process and Team Plan Regulations planning process can be downloaded meetings, NMFS developed six from the Plan Web site at http:// alternatives including a ‘‘No Action’’ or AGENCY: National Marine Fisheries www.nero.noaa.gov/whaletrp/. The status quo alternative, to modify the Service (NMFS), National Oceanic and complete text of the regulations Plan. All six of these alternatives are Atmospheric Administration (NOAA), implementing the Plan can be found described and analyzed in detail in the Commerce. either in the Code of Federal Final Environmental Impact Statement ACTION: Final rule. Regulations (CFR) at 50 CFR 229.32 or (FEIS) prepared to accompany this rule. downloaded from the Web site, along NMFS identified Alternative 5 as the SUMMARY: NMFS issues this final rule to with a guide to the regulations. Preferred Alternative in the proposed rule but after receiving public comment amend the regulations implementing the Background Atlantic Large Whale Take Reduction on each alternative NMFS has decided Plan (Plan). This rule revises the The Marine Mammal Protection Act to amend the Plan as proposed in management measures for reducing the Section 118 requires NMFS to Alternative 6, with a few adjustments. incidental mortality and serious injury implement a Take Reduction Plan to The proposed rule’s preferred to the North Atlantic right whale reduce the serious injury and mortality Alternative 5 would have implemented (Eubalaena glacialis), humpback whale of marine mammals incidental to three closure areas to reduce the risk of (Megaptera novaeangliae), and fin commercial fishing operations to serious injury and mortality incidental whale (Balaenoptera physalus) in insignificant levels approaching a zero to interaction between whales and commercial trap/pot and gillnet mortality and serious injury rate. NMFS commercial fishing gear, thereby fisheries to further the goals of the first implemented regulations enhancing the likelihood of meeting Marine Mammal Protection Act establishing the Atlantic Large Whale MMPA requirements of reducing serious (MMPA) and the Endangered Species Take Reduction Plan (Plan) to meet this injury and mortality to level Act (ESA). The measures identified in requirement in 1997. Section approaching ZMRG. Two of the three the Plan are also intended to benefit 118(f)(7)(E) of the MMPA requires the proposed closure areas; however, were minke whales (Balaenoptera Take Reduction Team (Team) and determined to have low levels of ‘‘co- acutorostrata), which are not classified NMFS to meet every six months, or at occurrence’’ of whales and fishing gear, as strategic stocks under the MMPA, but other such intervals as NMFS and therefore the conservation benefit of are known to be taken incidentally in determines are necessary, to monitor the closing those two areas was deemed to commercial fisheries. implementation of the final Plan until be minimal, while the cost to the fishing such time that NMFS determines that industry would have been substantial. DATES: These regulations are effective the objectives of the Plan have been met. The single closure contained in this August 26, 2014. Section 229.32(f)(2)(vi) Section 118(f)(7)(F) requires NMFS to final rule was the only one of the (gear marking requirements and gear amend the Plan and implementing proposed three closure areas in which modifications in the Southeast) is regulations as necessary to meet the there is a high level of co-occurrence of applicable November 1, 2014 and requirements of Section 118 to reduce whales and fishing gear. Thus, closing § 229.32(b) and (c)(2)(i) (gear marking incidental serious injury and mortality this area will have a similar requirements and minimum number of to a level approaching ZMRG, taking conservation benefit that closing all traps per trawl requirement in the into account the economics of the three of the areas in the proposed Northeast) are applicable June 1, 2015. fishery, the availability of existing Preferred Alternative 5 would have had. ADDRESSES: Copies of the Final technology, and existing State or The other adjustments to Alternative Environmental Impact Statement/ regional fishery management plans. The 6 which have been included in this final Regulatory Impact Review/Record of Team and NMFS have met and rule are described as follows: Decision for this action can be obtained amended the Plan and implementing (1) New Hampshire state waters are from the Plan Web site listed under regulations several times since 1997 in exempted from the minimum number of Electronic Access. an ongoing effort to ensure the traps per trawl requirement of the final Written comments regarding the requirements of the MMPA regarding rule, but fishermen are not exempted burden hour estimates or other aspects take reduction of large whales continue from other previously implemented of the collection of information to be met. requirements. This is a change from the requirements contained in this final rule This final rule is the latest step in this proposed rule which would have can be submitted to David Gouveia, ongoing process. The rule implements exempted New Hampshire state waters NMFS, Greater Atlantic Regional modifications to the Plan suggested by from all requirements, and therefore Fisheries Office, 55 Great Republic Dr, the Team and public, as well as increases the conservation benefit to Gloucester, MA 10930 or Office of modifications deemed necessary by whales from the measures in the Information and Regulatory Affairs by NMFS to further enhance the likelihood proposed rule. email at OIRA_submissions@ of meeting the requirements and further (2) The minimum number of traps per omb.eop.gov. the goals of the MMPA, as well as the trawl in the final rule for Massachusetts

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and Rhode Island state waters and an annual compliance cost of Finally, NMFS intends to create a new pocket waters in Maine is reduced from approximately $1.9 to $4.5 million. In trap/pot management area in the three to two traps per trawl. This change the Southeast, Industry members and Southeast. The eastern boundary of the is due to concerns about the safety of state partners requested that NMFS current Southern Nearshore Trap/Pot small boats having to work trawls of provide adequate time for industry to waters area would be aligned with the three traps as opposed to trawls of two comply with the amended gear marking eastern boundary of the existing traps. This change is negligible, and requirements, as 60 days would not be Southeast Restricted Area North thus is still consistent with the MMPA. sufficient time for that purpose given management area. This new area would (3) An exemption from the minimum the extent of needed changes in light of coincide with the current Southeast number of traps per trawl requirement the new requirements. In the Northeast, Restricted Area North management area is newly created in this final rule for a Industry members and state partners in place for gillnets. Management 1⁄4 mile buffer in waters surrounding requested that the implementation date measures in this area would be in place three inhabited islands in Maine— coincide with the trap tag renewal date from November 15 through April 15. Monhegan, Matinicus, and Ragged of June 1 to allow for a more cost- Changes to the Plan for Trap/Pot Gear Islands. Boats within this 1⁄4 mile buffer effective implementation of the new will be allowed to continue fishing requirements, as gear is out of the water In the Northeast, NMFS will institute single traps rather than multiple trap during that time as industry affix new restrictions designed to reduce the trawls in the proposed rule, due to trap tags for the upcoming season. The number of buoy lines that fishermen safety issues since these waters are new minimum trap per trawl measure employ. This final rule limits the generally less than 30 fathoms deep requires increasing the number of traps number of lines in the Northeast by with rocky edges, and boats fishing per vertical line which requires removal prohibiting single trap/pots and close to shore areas usually small. of equipment from the water and requiring fishermen to increase the Whales are not likely to come this close reconfiguration of line and equipment. number of traps per trawl they set based to shore, so this change from the Additional time is needed for fishermen on area and distance to shore. In some proposed rule does not lessen the to adapt to these changes. NMFS finds areas (mainly inshore and nearshore conservation benefit of the final rule. that there is good cause for the waters) this may represent a change (4) Gear marking is not required in November 1, 2014 and June 1, 2015 from how they currently fish. In Federal Maine exempted waters, in contrast to phased-in implementation date to waters and offshore, larger trawls are currently fished so this requirement the proposed rule, due to feasibility address the public’s concerns, and given may not affect these vessels to the same concerns of switching marks when that the impact on conservation benefit extent as smaller inshore vessels. The moving from an exempt area to a non- to large whales from this phased-in current requirement of one endline for exempt area. The change in implementation will be minimal given conservation benefit to whales from this trawls less than or equal to five traps the relatively short delay in change is negligible. remains in place. Larger trawls (i.e., > 5 implementation. Specifically, the Because this final rule with a single traps/pots) will not be required to have majority of the conservation measures closure and the other changes described only one endline. above will provide a conservation included in the final rule will be in The numbers of traps per trawl are benefit comparable to that which would place 60 days after publication of the based on the co-occurrence model, have been provided by the preferred rule—including protective measures public input, and discussions with state Alternative 5 in the proposed rule, yet during calving season, and a closure partners. The required traps per trawl pose less economic impact and fewer that goes into effect January 1, 2015, and differ based on distance to shore and safety concerns to the fishing industry, all current ALWTRP requirements, lobster management area. In Maine the it is consistent with the requirements of including the sinking groundline number of traps per trawl is defined the MMPA to reduce serious injury and requirement, remain in place during this based on Maine state lobster zones. mortality to approach ZMRG. The phased-in implementation of some of In the Southeast Restricted Area changes in the final rule, as compared the new measures. North, NMFS will require single traps/ to the proposed rule, are justifiable Changes to the Plan for Boundaries and pots, implement weaker weak links and under MMPA requirements and goals Seasons breaking strength of vertical lines, and because they take into account the require all vertical lines to be free of economics of the fishery, the availability This final rule will exempt New objects (e.g., weights, floats, etc.) except of existing technology, and existing Hampshire State waters from the Plan’s where it attaches to the buoy and trap/ fishery management plans, as well as minimum number of traps per trawl pot, and made of sinking line. the goal of the ESA to avoid requirement based on the co-occurrence The Plan requires the use of weak jeopardizing the continued existence of model. Those fishing in state waters links with maximum breaking strengths ESA-listed whales. would still be required to comply with of 200 to 600 lbs (90.7 to 272 kg) As noted in the DATES section above, previously implemented requirements depending on management area within this rule is effective 60 days after including marking requirements (see 50 the Southeast Restricted Area North. publication with the exception of the CFR 229.23(b)(2) and (3)). This final rule defines the breaking amended gear marking requirements NMFS intends to expand the Cape strengths of weak links in South and gear modifications in the Southeast Cod Bay Restricted Area to include Carolina, Georgia, Florida state waters (effective November 1, 2014) and portions of the Outer Cape. This new as 600 lbs (272 kg), 600 lbs (272 kg), and amended gear marking requirements area, Massachusetts Restricted Area, 200 lbs (90.7 kg), respectively. In and minimum number of traps per trawl would be closed for a portion of the year Federal waters the breaking strength is requirement in the Northeast (effective (January 1–April 30) to trap/pot defined as 600 lbs (272 kg). June 1, 2015). NMFS chose a phased-in fisheries, due to the level of co- This final rule also defines the implementation for this rule as a result occurrence of whales and gear and the maximum breaking strength of vertical of public comment. The changes in the conservation benefit to be gained while line in the Southeast Restricted Area Plan require the reconfiguration of minimizing economic impacts to the North. In South Carolina and Georgia approximately 200,000 vertical lines at fishery. state waters breaking strength of the

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vertical line will not exceed 2,200 lbs NMFS clarifies that fishermen are management should be adapted to (998 kg). In Florida state waters breaking responsible for proving that an account for these shifts. The commenter strength of vertical line will not exceed exemption or exception under § 229.32 suggested that the status quo approach 1,500 lbs (680 kg). Federal waters will is applicable. be supplemented with dynamic have a breaking strength of 2,200 lbs Other Special Measures: This final solutions using an ecosystem approach (998 kg). rule clarifies the intent of § 229.32(i)(2) for management. In an effort to decrease the number of to include consultation with the Take Response: NMFS acknowledges this ways gear is rigged, NMFS is also Reduction Team. important comment. Managing resources in the face of changing requiring that vertical lines be made of Comments and Responses sinking line and free of objects for those environmental conditions is traps set anywhere in the Southeast NMFS received 533 letters from challenging. The ability to account for Restricted Area North. (effective in the commenters on the Draft Environmental distribution shifts that may result from Southeast on November 1, 2014 and Impact Statement (DEIS) and proposed changing environmental conditions effective in the Northeast on June 1, rule via www.regulations.gov, letter, fax, exist in the current regulations. These 2015). or email. Additionally, two form letters regulations can be found at were received on the DEIS via hardcopy § 229.32(i)(2). Among other Changes to the Plan for Gear Marking letter and email; approximately 27,500 considerations, should NMFS, in This final rule will implement a gear of one form letter, 13,500 of another consultation with the Team, determine marking scheme that maintains the form letter, and approximately 1,300 that right whale distribution shifts result current color combinations but slight variations to the form letters. in its current conservation measures increases the size and frequency of the NMFS also solicited comments on the being no longer appropriate, NMFS has mark. The new mark must equal 12- DEIS during 16 public hearings held the ability to make changes to the inches (30.5 cm) in length and buoy along the Atlantic coast. The substantive measures. lines must be marked three times (top, comments are summarized and grouped Comment 4: A few commenters stated middle, bottom). A mark for the new below by major subject headings. that they have never seen a whale in Southeast U.S. Restricted Area North NMFS’ response follows each comment. state waters and thus it was unfair to would be required for both state and NMFS received comments on DEIS propose new laws in areas without Federal waters. This rule will continue technical changes that were not whales. Response: Because most large whale to allow multiple methods for marking substantive, and incorporated such entanglements (particularly those line (e.g., paint, tape, rope, etc.). changes in the FEIS as appropriate. involving right whales) tend to be free (effective in the Southeast on November These technical comments are not listed in the summary. swimming entanglements when 1, 2014 and effective in the Northeast on detected and the gear recovered from June 1, 2015). General Comments these entanglements do not provide Regulatory Language Changes Comment 1: One commenter stated adequate information to determine that the proposed measures should be where an entanglement occurred, Some corrections and clarifications extended to recreational fishermen and entanglements from specific fisheries have been identified as necessary since not just commercial fishermen. and areas are rarely documented. the last regulation was implemented. Response: The regulations Therefore, NMFS developed a model to The following changes to the current implementing the Plan are governed by help identify the relative likelihood of Plan regulations will improve Section 118 of the MMPA, which an entanglement by time and area. The consistency and clarity. requires take reduction teams to assist model is based on high ‘‘co-occurrence Exempted waters: NMFS added NMFS in the development of take areas,’’ which are areas that have the language to clarify the exempted waters reduction plans that address serious highest frequency of gear that overlap description. injuries and mortalities of marine with large whale sightings per unit Southeast U.S. Monitoring Area mammals that interact with commercial effort. NMFS believes that these high co- Clarification: The final rule clarifies the fishing operations. Therefore, the occurrence areas represent a higher restricted period for the Southeast U.S. proposed measures apply to commercial likelihood of entanglement to large Monitoring Area. The added language fishing only. However, recreational whales. Areas identified as a high co- defines the restricted period as fishermen that take marine mammals occurrence area may be subject to December 1 through March 31. are in violation of the MMPA conservation measures regardless of Definitions: The final rule modifies prohibition against taking marine whether a take has been documented in the definition of ‘‘groundline’’ when mammals. NMFS has created brochures that area. referring to gillnets to remove reference designed to inform recreational Comment 5: Some commenters stated to buoy line. The modified definition fishermen about protected species that the entanglement risk to right and reads, ’’Groundline with reference to conservation. other large whales is greater in areas trap/pot gear, means a line connecting Comment 2: Two commenters outside of the Southeast U.S. Atlantic traps in a trap trawl, and, with reference requested that the 60-day public and that there have been no to gillnet gear, means a line connecting comment period be extended. documented cases of black sea bass or a gillnet or gillnet bridle to an anchor.’’ Response: NMFS believes that the 60- blue crab gear on a right whale. Some Prohibitions: The final rule eliminates day comment period was adequate and commenters also noted that fewer trap/ the individual prohibition paragraphs chose not to extend the time period. pots are set in the Southeast relative to on fishing or possessing trap/pot gear, Comment 3: One commenter stated northern regions (including Canada) and anchored gillnet, drift gillnet, gillnet, that the proposed regulations should that gear in the Southeast is lighter, uses and shark gillnets (§ 229.3(h) through consider the shifting baseline in the shorter vertical lines, and is therefore (l)) and condenses the intended marine food chain as a result of climate less risky to whales than trap/pot gear prohibitions into three paragraphs that change and eutrophication, stating that found farther north. apply to ‘‘any person or vessel and right whale prey distribution is Response: The annual Stock fishing gear subject to the Plan.’’ changing in time and place and Assessment Reports (SARs) partition out

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entanglement records between U.S. and MMPA, the number of deaths or serious potential causes for not achieving the Canadian waters for large cetacean injuries due to commercial fishing management objectives and consult species. Currently, in the 2012 SAR activities must not affect a species’ with the Team on the development of (Waring et al., 2013) the average number ability to reach or maintain its optimum appropriate actions to address any of annual fishery entanglements of right sustainable population. At present, with identified shortcomings in the Plan. whales was 1.6 in U.S. waters and 0.2 just the sinking groundline conservation Comment 9: One commenter in Canadian waters. The potential measures in place, the number of requested that the preamble to the rule biological removal for this species is serious injuries and mortalities for right and FEIS include a discussion that more calculated at 0.9. Thus, even when whales and humpback whales remain accurately reflects decisions reached by considering only entanglements from above permissible levels and mortalities the Team with respect to the rulemaking U.S. fisheries, right whales are being due to entanglements in vertical lines in timeline. taken at too great a rate to maintain trap/pot and gillnet gear continue to Response: NMFS disagrees with the optimal population sustainability. occur. NMFS, in consultation with the commenter’s assessment that the Furthermore, gear removed from right Team, has developed a monitoring discussion of the rulemaking timeline is whales is not always identified to a strategy to evaluate industry compliance not accurately reflected. NMFS believes specific fishery; however, in cases with the Plan and the effectiveness of that the proposed rule’s preamble and where the gear could be identified, more the Plan in achieving the Plan’s goals DEIS reflect the Team discussions at rope was associated with trap/pot gear and objectives. For more information on past meetings about the need to move than gillnet gear (Johnson et al., 2005). the monitoring strategy, please see the forward with a vertical line rule and the The vertical line model utilized by response to Comment 8. timeline to develop and implement the NMFS and the Team for the Comment 7: A few commenters rule. The text in the preamble and DEIS development of this rule focused on suggested that NMFS move forward is consistent with the Team’s meeting areas of high co-occurrence of vertical with one measure to reduce interactions summaries. lines associated with commercial trap/ at a time in a phased approach. It was Comment 10: Several commenters pot and gillnet gear and large whale suggested that NMFS should just stated that there are too many sighting per unit effort data. The increase the number of traps per trawl unanswered questions that need to be analysis of these data indicated that co- before proposing closures or just move answered before expanding new occurrence was relatively low within forward with the increased gear marking policies. They requested that the the Southeast Restricted Area North at this time and then once the problem northeast portion of the rule be during the right whale season from areas are identified come back with reconsidered until better information November 15th through April 15th. management measures targeting those exists regarding what part of the line is Consequently, NMFS did not propose a problem areas. entangling whales and what the closure throughout the Southeast Response: NMFS appreciates the economic impact of the changes will be Restricted Area North or critical habitat suggestion but believes that the on the industry. area. However, the gear is not risk-free, combination of management measures Response: The FEIS notes that which is why NMFS is implementing in the final rule is necessary to achieve entanglements of large whales are still other risk reduction measures through the goals of the MMPA and ESA. occurring and highlights the provisions this final rule. Also, see response to Comment 8: A few commenters were of the MMPA and ESA that NMFS is Comment 40. concerned that there was a lack of required to follow. Based on the Comment 6: One commenter stated strategy if entanglement levels continued serious injury and mortality that before taking further action NMFS continued to exceed Potential Biological of large whales, NMFS must take action should provide fishermen with Removal Rate (PBR) regardless of the to provide more protection to large statistical significance and a five year proposed measures. The commenters whales. Although NMFS acknowledges period by which to assess the major stated that whales could continue to the need for more scientific information, April 2009 implementation of the experience high levels of entanglement NMFS is required to take action based previous rule requiring fishermen to than legally allowed with no recourse. on the best information that is available change their floating groundline to Response: On February 23–24, 2009, when developing the EIS. The economic sinking groundline. NMFS convened an internal workshop impact of this action is discussed in the Response: At its 2003 meeting, by to discuss the development of a EIS. As new information becomes consensus, the Team agreed to two comprehensive monitoring strategy for available regarding large whales, overarching principles associated with the Plan. The goal of this workshop was entanglements, or economic impacts of reducing large whale entanglement to develop an outline for a monitoring these policies NMFS will share this risks: (1) Reducing entanglement risks strategy that included components to information with the Team to determine associated with groundlines in review compliance with and to assess if additional changes to the Plan are commercial trap/pot gear; and (2) the effectiveness of the Plan regulations warranted. reducing entanglement risks associated in achieving the MMPA short-and long- Comment 11: One commenter stated with vertical lines. The Team agreed to term goals of reducing serious injury that there is a lack of data and the data focus first on addressing the groundline and mortality of large whales in U.S. that is available is often flawed. entanglement risk, which was commercial fisheries. This monitoring Response: See Response to Comment completed in October 2007 (72 FR strategy was shared with the Team and 10. 57104, October 5, 2007), followed by the went into effect in August 2012. This Comment 12: A few commenters development and implementation of a strategy includes both annual commented that NMFS fails to link the vertical line rule. This rule addresses monitoring reports and a multi-year proposed measures to a reduction in the entanglement risk identified by the status summary intended to review the serious injury/mortality. The Team to large whales from vertical lines, Plan’s effectiveness and compliance commenters stated that, although a and completes the two-pronged strategy over a 5-year timeframe. If analyses reduction in risk does not necessarily identified by the Team to address large determine that the Plan is not achieving equate to the same level of reduction in whale entanglements in commercial its goals, NMFS will review the multi- serious injury/mortality, it provides trap/pot and gillnet gear. Under the year status summary to evaluate the some basis for meeting the PBR goals.

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The commenters believe the rule should Comment 15: Numerous people stated higher (and presumably create higher meet a 50% reduction standard or their support for the No Action risk). Many of these commenters were provide explanation for how the rule Alternative referring to the increasing also concerned that proposed measures will reduce the levels of serious injury/ right whale population as a sign that the in the Southeast largely retain the status mortality to below PBR. current management measures are quo and do not reduce risk to right Response: Sufficient information is working and additional measures are whales, especially for mother/calf pairs. not available on when, where, and how not necessary. Response: This final rule provides entanglements occur such that a specific Response: NEPA requires NMFS to additional protection to right whales by vertical line reduction target can be analyze a no action alternative. NMFS focusing management measures in areas calculated. Therefore, NMFS and the did not choose this alternative for this of elevated co-occurrence of whales and Team have not determined a percent final rule because it is not consistent vertical lines. First, NMFS believes the reduction of vertical lines that would with the goals and objectives of the Plan various requirements provide protection reduce serious injury and mortality of and therefore is not consistent with the for right whales while avoiding large whales that encounter vertical goals and requirements of the MMPA or unnecessary impact to fisheries. Second, lines to a level that would achieve the ESA. Although the right whale NMFS did not receive any comments MMPA’s PBR and ZMRG mandates. population has increased in recent about difficulties associated with NMFS used the best information that is years, the number of serious injury and compliance or enforcement from available and worked with commercial mortalities occurring as a result of fishermen or law enforcement officials. trap/pot and gillnet fishermen and other entanglement in commercial fishing Third, NMFS is particularly cognizant stakeholders to develop feasible gear is still at a level above PBR and of the weaker physical characteristics of conservation measures intended to ZMRG. NMFS has determined that neophyte calves, which most often achieve the goals and objectives of the additional measures included in this occur in the Southeast U.S. Neophyte Plan and MMPA. The preferred action are necessary to help meet the calves are occasionally documented off alternative achieves a 38% reduction in objectives of the MMPA and ESA. North Carolina and Cape Cod Bay, co-occurrence coastwide. NMFS Comment 16: One commenter stated Massachusetts; however, the highest co- believes this level of co-occurrence that the proposed alternatives would occurrence of very young right whale reduction is consistent with and require fishermen to spend more money calves and vertical lines is in Florida furthers the goals and objectives of the on weak links and sinking rope and state waters and where the trap/pot gear MMPA and ESA. fishermen can’t afford to spend more modifications in this rule are the most Comment 13: In response to NMFS’ money. risk averse. request to comment on the proposed Response: NMFS is sensitive to the Finally, NMFS agrees that some of the changes to the ‘other special measures’ costs of complying with this final rule Southeast measures in this final rule provision, one commenter agreed that and characterized the economic and retain the status quo regarding existing the Team should be consulted but that social impacts in the FEIS. Chapter 7 of fishing gear and techniques. In those the consultation must involve dialogue. the FEIS identifies the vessels segments instances, NMFS believes the present The commenter questioned if the that may be heavily affected by the new gear/practice is appropriately risk averse provision agreed with the MMPA since requirements. Based on the comments and codified those practices to ensure the MMPA specifically provides NMFS received during the public comment the gear does not become riskier to with authority to take emergency period and public hearings, the whales in the future. However, other actions to promote conservation. preferred alternative was chosen measures such as requiring object-free Response: NMFS appreciates the because it provided a significant lines, sinking vertical lines, returning support for the change to the provision. conservation benefit to large whales gear to port from federal waters, and The provision and the MMPA while having a lower economic cost to additional gear marking are all new emergency regulations are different and industry. measures that reduce entanglement risks have their own requirements. The Comment 17: One commenter agreed to right whales, including mother/calf ‘‘Other Special Measures’’ provision is that reducing vertical line offshore is a pairs. not intended to address NMFS’ ability good thing to do as there are more Comment 19: One commenter to take emergency actions, rather it whales offshore so the rules should be supported customizing management allows NMFS to make changes to the made to account for this. measures to specific high priority areas Plan as new information about gear Response: NMFS agrees with this rather than using wide-scale broad marking, gear technology, or right whale comment and the final rule includes management; this commenter thought distribution in closed areas becomes measures for vessels fishing offshore. that applying the same management available. This final rule includes Comment 18: A handful of measures to the area from North language to ensure that the Team is commenters provided general comments Carolina all the way down to Florida to consulted prior to actions being taken about the Southeast U.S. portion of the the 29 latitude line isn’t a customized under the ‘‘Other Special Measures’’ proposed rule: (1) The proposed rule plan. Another commenter stated that the provision. contained a patchwork of requirements Southeast Restricted Area North (SERA within the currently designated critical N) is a huge area and that he fishes in General Comments on Proposed habitat that are inconsistent and only a small portion of that area and Alternatives arbitrary, (2) the various requirements requested a ‘‘secondary boundary’’ that Comment 14: Many people stated would make it difficult for fishermen to would allow him to fish for blue crab in their general support for the Preferred comply and law enforcement officials to Federal waters. Alternative stating that the level of enforce, and (3) the presence of Response: NMFS is defining the serious injury and mortality is above neophyte calves in Florida state waters Southeast Restricted Area North as a PBR and therefore additional was NMFS’ basis for requiring weak trap/pot management areas so that the management measures are necessary. links and ropes with lower breaking southeast U.S. measures in this final Response: NMFS acknowledges this strengths in that area, but these same rule apply to the same management area comment and agrees that additional ‘‘neophytes’’ are born further to the used for gillnet fisheries. This helps management measures are necessary. north where breaking strengths are far reduce and streamline the number of

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management areas while providing register as an area of high co-occurrence period NMFS requested suggestions for protection for right whales. However, between whales and fishing gear. NMFS how best to quantify potential future new information on right whale would welcome new information, trap reductions or increases with respect distribution has become available since including sightings and effort data, on to how many vertical lines could be the Southeast Restricted Area North large whales in this area. In fact, NMFS reduced or increased. NMFS did not gillnet area was established. This new and the Team have identified Mid- receive any responsive comments. data is currently being evaluated. If Atlantic surveys as a priority should NMFS intends to monitor this issue as NMFS determines that the Southeast additional funding become available for part of the Plan’s monitoring strategy Restricted Area North and South monitoring and/or modeling efforts in (see response to Comment 8). boundaries should be adjusted, we will the Mid-Atlantic. If so, NMFS will work Comment 26: NMFS received many do so in consultation with the Team as with its research partners to develop an comments on the proposal to require part of future rulemaking. adequate monitoring plan and/or model trap/pot gear fished in Southeast Comment 20: Some commenters for the Mid-Atlantic area. Restricted Area North (SERA N) Federal suggested that all states should have the Comment 23: One commenter waters be brought back to port at the same protections coastwide paying requested that NMFS add another end of a fishing trip. South Carolina special attention to areas and seasons alternative that assesses the impacts of Department of Natural Resources where right whales feed and give birth. the closures without the proposed (SCDNR) and several individuals from Response: NMFS, in consultation increase in number of traps per trawl. Georgia and South Carolina commented with the Team, chose not to implement Response: During the development of that a small number of blue crab a broad-based management scheme as it the alternatives, NMFS and the Team fishermen with larger boats may set had done in the past. Instead, NMFS did consider utilizing only closures. traps in both state and federal waters and the Team developed a model to However, preliminary analysis (up to 12 miles (19.3 km) offshore) in compare the relative likelihood of indicated that the closure-only strategy years when coastal water temperatures entanglements occurring across areas would not afford enough protection to may be cooler than normal and crabs and seasons. The model is based on large whales to satisfy the requirements move farther out of the estuaries and high ‘‘co-occurrence areas,’’ which are of the MMPA and ESA. Further, NMFS into the ocean. This seasonal fishing areas that have the highest frequency of believes that the number of alternatives activity is extremely important gear that overlap with large whale analyzed in the EIS was adequate. The economically to the relatively few sightings. NMFS utilized these high co- alternatives analyzed were a fishermen who can participate in this occurrence areas as a proxy for high risk combination of stakeholder proposals aspect of the fishery, particularly since of entanglement to large whales. The developed by the Team during the winter is the high-dollar season for blue management measures are intended to course of several meetings and the result crab. These commenters stated that the provide the same protection to areas of of input received during the 15 public requirement to return all traps to shore high co-occurrence regardless of scoping meetings. at the end of the day would, at whether the measures differ from state Comment 24: One commenter stated minimum, greatly hamper the efficiency to state. There are regional differences that fishing effort in the Gulf of Maine and cost effectiveness of fishermen, but in fishing practices that influence lobster fishery may have exceeded more likely would create a closure of fishing techniques, and NMFS tried to capacity and the fishing effort could be the blue crab fishery in Federal waters account for the differences in reduced without significantly impacting and cause an economic hardship on techniques when developing the rule. lobster catch. Reducing effort would fishermen. One commenter supported Comment 21: Two commenters stated reduce entanglement risk but the the requirement to return gear to port at they did not support making splicing proposed rule sidesteps the issue of the conclusion of each fishing trip line illegal. It would be impossible to effort reduction and it is unclear how because it represented a de facto make buoy lines without splices. effective the rule would be at reducing seasonal closure in Federal waters for Response: NMFS agrees and did not entanglements. trap/pot fisheries that required long intend to suggest that splicing line Response: NMFS acknowledges that soak times and would prevent trap/pot would be illegal. This is clarified in this effort reduction through limits on the effort from encroaching into Federal final rule. number of trap/pot gear utilized by waters where whale density is high. One Comment 22: One commenter agreed fishermen has taken place. However a commenter thought there were multiple that there is insufficient data in the mid- reduction in traps does not necessarily ways to interpret the meaning of ‘‘the Atlantic to propose management equate to a reduction in the number of conclusion of each fishing trip’’ and was measures at this time. The commenter vertical lines in the water column. curious about how enforcement officials supports efforts to assess whale During the comment period NMFS would interpret the phrase. distribution in this area and if high co- requested comments on how best to Response: NMFS is concerned about occurrence areas are identified later on quantify potential future trap reductions the risk to right whales from trap/pot then fisheries should be managed. or increases with respect to how many gear in SERA N Federal waters because Response: The Plan was developed to vertical lines could be reduced or fishermen use longer vertical lines with reduce the level of serious injury and increased. NMFS did not receive any a higher breaking strength. These factors mortality of North Atlantic right, substantive comments addressing this increase the risk from entanglement to humpback, and fin whales. NMFS, in issue. right whales because longer lines mean consultation with the Team, chose to Comment 25: A few commenters felt more line that whales may encounter develop management measures in areas that the proposed rule did not address and higher breaking strength means a of high co-occurrence of gear and large latent effort and the potential for more whale, particularly a calf, is less likely whale sightings. NMFS used these high gear to be in the water in the future. to break free of gear once it becomes co-occurrence areas as a proxy of Response: NMFS realizes that entangled. Additionally, all other things entanglement risk to large whales. There potential effort reductions or increases being equal, long-soak gear represents a are fewer large whale sighting data in in future fishing effort could reduce or greater opportunity for entanglement the mid-Atlantic than in other regions. increase the number of vertical lines in than short-soak gear. Right whales, Because of this, the mid-Atlantic did not the water column. During the comment including calves, occur in Federal

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waters off the coasts of South Carolina trailing buoys or using weak links with Comment 31: Several commenters and Georgia from November through trailing buoys. Therefore, NMFS will disagreed with the proposal to exempt April. The measures in this rule reduce consult with the Team and evaluate New Hampshire state waters and risk to right whales from entanglement whether to ban the use of a trailing buoy continuing to exempt portions of Maine in Federal waters by specifying a 2,200 and weak link in a future rulemaking. state waters from the Plan. lb (998 kg) maximum breaking strength Comment 28: One commenter Response: The New Hampshire of vertical lines and reducing the commented that the lack of risk exemption and buffers around certain exposure of gear to right whales by reduction proposed in the mid-Atlantic Maine islands implemented under this requiring gear be returned to port at the was unacceptable. The commenter rule only apply to the requirement to end of a fishing trip. stated that this is an area of high increase the number of traps per trawl Based on fishermen’s comments, we seasonal use for humpbacks and subject for commercial trap/pot gear. All other recognize that this measure will likely to sparse survey effort. The commenter requirements of the Plan, including the eliminate blue crab fishing effort in also suggested that recent increases in sinking groundline and weak link Federal waters in the winter because dogfish and black sea bass quotas are requirements are still required. NMFS deploying trap/pots for only a short likely to increase effort beyond what believes the risk of entanglement in the period of time (period of hours) is not was considered in the model and likely New Hampshire exempted area and effective at catching blue crabs. result in increased risk. Maine island buffers are minimal. However, according to comments, the Response: See response to Comment However, NMFS will continue to majority of blue crab fishermen do not 22. monitor exempted areas, and encourage fish in Federal waters. Consequently, Comment 29: One commenter states to develop contingency plans for this requirement will likely impact only commented that the proposed measures large whales in these areas in the event a small proportion of fishermen and only incidentally protect humpback that entanglements are identified to gear only during cold winters when blue whales in the Gulf of Maine and do from exempted areas. crabs are reportedly found farther nothing to protect them in the mid- Comment 32: One commenter stated offshore. NMFS believes that the Atlantic. The commenter stated that the that Buzzards Bay and Vineyard Sound majority of fishermen in the blue crab closures are in areas where humpbacks should be exempt from regulations since fishery will be largely unaffected by this are known to occur but not during times Narragansett Bay in RI, inshore ME, and final rule because they will still be able when they’re the most abundant. now possible state waters in New to fish in state waters where the Response: The closures were Hampshire would be exempt. majority of blue crabs are harvested. In developed by stakeholders in areas of Response: The exemption areas have developing these regulations, NMFS high right whale abundance. The final been developed in response to requests considered right whale distribution, rule will implement one closure in an from state fishery management agencies entanglement risk factors, and blue crab area including portions of and are designed to ensure that fishery characteristics. Massachusetts Bay, Cape Cod Bay, and regulations do not extend into areas A fishing trip is defined in 50 CFR the Outer Cape. Humpback whales are where whale sightings or the potential 229.2 as a period that a fishing vessel known to frequent these areas and, for co-occurrence is low. Should a state spends at sea between port visits and therefore, will benefit from the closure. wish to exempt portions of its waters during which any fishing occurs. As mentioned above in response to from the Plan, NMFS has established a Comment 27: NMFS received one Comment 22, NMFS chose to develop process for requesting exemptions from comment on the object-free line management measures in areas of high requirements under the Plan (see the proposed for trap/pot gear fished in the co-occurrence. High co-occurrence areas Plan’s Web site for more information). Southeast Restricted Area North. The are areas that have the highest frequency Comment 33: Several commenters commenter stated that many Florida of gear that overlap with right and supported the exemption to New blue crab fishermen use a second, humpback whale sightings. NMFS Hampshire state waters from the trailing buoy and wondered if weak believes that these high co-occurrence increase in number of traps per trawl links would need to be attached to each areas pose the highest relative risk of but not from all aspects of the Plan. buoy. entanglement to right and humpback Response: NMFS agrees with this Response: During the public hearings, whales. Due to lower sightings data, the comment (see response to Comment 31). a few Florida blue crab fishermen mid-Atlantic did not register as an area Comment 34: One commenter stated reported they attach a trailing buoy by of high co-occurrence between whales that the exemptions could increase the 1–3 ft (0.3–0.91 m) of line to the surface and fishing gear. NMFS would welcome risk to leatherback turtles as a large buoy of blue crab trap/pot. They stated new information, including sightings number of boats fish in exempt waters that the surface and trailing buoy and effort data, on large whales in this and exempt areas put leatherbacks at combination is used to assess ocean area. NMFS will monitor fishing effort risk. currents and the direction from which and whale distribution data in the mid- Response: The risk to leatherbacks as they should approach and retrieve their Atlantic to see if future management a result of the proposed New Hampshire gear. NMFS believes that knot-free and measures are needed. NMFS intends to state waters exemption was considered object-free lines have a higher monitor this issue as part of the Plan’s in the FEIS (Chapter 5). NMFS is not probability of sliding through whale monitoring strategy (see response to relaxing the current restrictions in the baleen than lines with bumps, bulges, or Comment 8). exempted waters, thus, does not expect attached buoys, weights, bottles, etc. an increased risk to leatherbacks relative that are larger than the line’s diameter Comments on Exemption Lines/Areas to the status quo. Leatherbacks are (splices are allowed, but not preferred). Comment 30: Several commenters found within New Hampshire state NMFS believes that the use of a trailing supported the proposed exemption to waters but not in the abundance that buoy and weak link as described during New Hampshire state waters. they are found in other waters. the public hearing process would defeat Response: NMFS acknowledges this Comment 35: One commenter did not the purpose of the object-free line. comment. The final rule will exempt support exemptions of small vessels However, NMFS did not notify and New Hampshire state waters from from the trawling up requirement. The request comments on prohibiting portions of the Plan. commenter stated that small vessels

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operate close to shore and that these analysis included in the FEIS examines Comment 40: Multiple commenters proposed requirements are already the economic burden posed by the recommended that NMFS close the proposed to be shorter lengths. If shorter closure and the likely effect on the Southeast U.S. right whale critical trawls or singles were allowed then the economic viability of fishing operations. habitat to trap/pot fishing since the projections of risk reduction would The analysis identifies vessel segments agency proposed closing Cape Cod Bay change and haven’t been analyzed in the that may be heavily impacted by the to trap/pot fishing in January and DEIS. requirements and suggests that, under February and the two areas exhibited Response: The final rule does not the preferred alternative, a limited similar co-occurrence scores of whales include a small vessel exemption. number of small vessels are most at risk and fishing gear during this time of year NMFS is allowing a minimum of two when comparing annual compliance (as presented in Appendix 5–A of the traps per trawl in some state waters as costs to average per-vessel revenues. As DEIS). These commenters further stated opposed to the three traps per trawl a result, harvest levels are unlikely to that closing critical habitat in the originally proposed. Also, there will be change and related industries (e.g., Northeast but not in the Southeast was a 1/4 mile buffer around three inhabited seafood processing) are not likely to be an inconsistent strategy given young Maine islands that will allow fishermen affected. NMFS believes the expected small calves are at a greater risk for fishing in those waters to continue to conservation gain of the closures will entanglement in the Southeast critical fish singles. These changes and provide the best chance for the Plan to habitat. Some strongly recommended subsequent changes to projections of achieve its goals and objectives, as well that NMFS adopt the black sea bass risk reductions were analyzed in the as those of the MMPA and ESA. seasonal closure currently required FEIS. The changes result in only a small Comment 38: Many commenters under South Atlantic Snapper-Grouper adjustment to the level of risk reduction. opposed the closures and questioned Fishery Management Plan as part of this NMFS believes these changes address the conservation value of the closed final rule throughout the Southeast U.S. the safety concerns for small vessel areas. In some of the proposed areas, Restricted Area, an area that is already operators, which were raised by fishing effort is low so the chance of an closed to gillnet fishing. fishermen during the public comment entanglement is already low. Response: NMFS did not propose a period and public hearings while still Response: Based on public comments trap/pot closure in the southeast U.S. reducing the risk of entanglement. received, in this final rule, NMFS is critical habitat or Southeast Restricted Area North under this rulemaking Comments on Closed Areas implementing one closure instead of the because these areas did not exhibit three originally proposed. NMFS Comment 36: Many commenters extensive trap/pot fishing effort within evaluated the conservation value and support the proposed closures, stating either of these areas when compared to took into consideration economic that the closures were aimed at reducing the volume of effort in Cape Cod Bay. impacts of such measures on industry. fishing effort in key areas with high In addition, the characteristics of blue NMFS identified one closure area that is concentrations of right whales. crab trap/pot gear and lobster gear used substantial in size and achieves a Response: NMFS acknowledges this in Cape Cod Bay are very different and similar conservation value but is less comment. However, the final rule will therefore require different strategies to economically burdensome on industry, incorporate only one such closure, the reduce risk to right whales. NMFS consistent with Section 118 of the Massachusetts Bay Restricted Area. This believes blue crabs can be harvested closure was chosen by NMFS based on MMPA. The Massachusetts Restricted safely within state waters for reasons the importance of the area to right Area contains habitat that is very stated in the proposed rule, FEIS, and in whales and the presence of large whales important and heavily utilized by right this final rule under comments and within the area during proposed closure whales and is currently closed to gillnet responses on weak links, rope breaking period, and the determination, fishing. The closure in this area would strength, and trap removal. NMFS is not consistent with MMPA requirements, be extended to trap/pot fisheries under adopting the current black sea bass that this one closure furthers the the final rule in an effort to lower the seasonal closure required under the MMPA’s intent to reduce serious injury risk of entanglement in a high co- Snapper-Grouper Fishery Management and mortality to levels below PBR and occurrence area. Plan in this final rule. NMFS published approaching ZMRG, taking into account Comment 39: Numerous commenters the ALWTRP proposed rule to mitigate the economics of the fishery, the stated that a closed area would displace the threat of vertical lines in commercial availability of existing technology, and fishermen to already crowded areas or fisheries on July 16, 2013 (78 FR 42654). existing fishery management plans. See create a wall of gear just outside the In a separate, unrelated rulemaking response to comment 38. closure. action, NMFS published a South Comment 37: Several commenters Response: NMFS analyzed the Atlantic Fishery Management Council took issue with the start date of the alternatives in two ways to account for (SAFMC) Snapper-Grouper Fishery proposed closure of January 1 for the varying fishing effort depending upon Management Plan-related proposed rule Cape Cod Bay and Massachusetts the behavior of industry as a result of on July 2, 2013 (78 FR 39700), which, Restricted Area. By starting the closure the proposed closures. One way among other things, proposed a closure January 1 the commenters felt they assumed 100% suspension of fishing as of the commercial black sea bass fishery would miss fishing opportunities during a result of the closures and the other in the South Atlantic from the months of November and December way assumed some vessels would approximately Cape Hatteras, North in that area. They stated that November relocate to fish outside the closed areas. Carolina to Cape Canaveral, Florida and December are especially productive The potential range of the reduction in from November 1 through April 30. That and profitable months for them. co-occurrence of the Preferred closure became effective when the final Response: The proposed closure start Alternative is 37.4–37.9%. NMFS rule was published on September 23, date is the same start date as the current believes that this closure will result in 2013 (78 FR 58249). closure for the gillnet fisheries in that a reduction in co-occurrence that will During team discussions, data area. The closure period reflects the further the likelihood of meeting the analyses, and the initial ALWTRP time period when whales are most requirements and goals of the MMPA rulemaking process beginning in 2009, abundant in this area. The social impact and ESA. the Team and NMFS were unaware that

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there would be an increase in the black the ‘‘Other Special Measures’’ the proposed Jeffreys Ledge and Jordan sea bass quota (specifically, during the provisions in the Plan. Basin closures with an increase to the right whale winter migration) and Comment 42: Multiple commenters minimum number of traps per trawl associated closure as a result of this noted that the boundaries of some of the from November 1 through February in quota increase. Thus, this scenario was closures (Jeffreys Ledge and Jordan Maine Zones F&G (6–12 mile) to 15 not discussed or included in the Basin) appear to be based on right whale traps per trawl and in Maine Zone F&G proposed rule. NMFS cannot implement distribution and not co-occurrence as (12+ mile) to 20 traps per trawl. a similar closure in this rulemaking decided by the Team. They mentioned Response: The final rule does not because NMFS did not seek comment that the closures were not fully vetted include the Jeffreys Ledge and Jordan on mirroring the SAFMC Snapper- through the Team and adding them after Basin closures (see the ‘‘Changes from Grouper Fishery Management Plan the fact is not transparent to the Team the Proposed Rule’’ section of the black sea bass closure to protect right process. preamble). The rule will implement the whales. NMFS will consider this issue Response: NMFS agrees that the minimum number of traps per trawl in as it further develops the Snapper- boundaries for all of the proposed Maine as requested by Maine Grouper Fishery Management action closed areas were based in part on the Department of Marine Resources. This and discuss this with the Team should distribution of right whales. Although includes the above suggested seasonal a future rulemaking become necessary. the Team did agree to focus its increase to a 20 trap per trawl minimum Comment 41: Multiple commenters conservation efforts on high co- in Maine Zones F&G. noted that the closure boundaries in the occurrence areas, some Team members Comment 46: Many commented that Northeast could be incorrect because of expressed concern that by relying solely the proposed area for closure in Nantucket Sound was not justified by changing environmental conditions. The on co-occurrence, some of the known right whale high use areas would not be the co-occurrence model. commenters believe that if the adequately protected. In response, Response: See response to Comment boundaries are wrong there is little several closure proposals were 42. NMFS has modified the final rule chance to change them in a timely developed by Team members. The based on public comment and chosen to manner due to the lengthy process that closure proposals were initially implement a seasonal closure in is required to amend the Plan. They also discussed at the January 2012 Team Massachusetts that does not include did not support static closures as a meeting followed by additional portions of Nantucket Sound. The final means to protect whales. discussion at the February and April rule reduces risk to large whales and is Response: NMFS acknowledges this 2012 meetings. Therefore, NMFS consistent with the requirements of comment. Managing resources in disagrees with the comment that the Section 118 of the MMPA. changing environmental conditions is closures were not vetted through the Comment 47: One commenter challenging. NMFS believes that there is Team. Based on public comments, the suggested that the closures may provide enough evidence suggesting whales final rule does not include the Jeffreys some level of reduction but these inhabit the proposed Massachusetts Ledge or Jordan Basin closure (see the closures may not achieve the reduction Restricted Area to support closing this ‘‘Changes from the Proposed Rule’’ needed to reach PBR. The closures are area. This area has long been known to section of the preamble). a minor step in addressing the issue. be an important feeding ground for large Comment 43: One commenter stated The commenter further requested that whales. In fact, according to a recent that the proposal to close the northern NMFS use an appropriate and peer- report by Massachusetts Division of portion of Cape Cod Bay was not reviewed population model to quantify Marine Fisheries (2011) there has been warranted. There is not a lot of fishing the impact of closures on whale an increase in presence of whales, effort in the area and to those that fish populations. particularly right whales, in this area in there that area encompasses almost all Response: NMFS and the Team the months of January through April. of their winter fishing area. cannot determine the exact percentage Including the Outer Cape as part of this Response: See responses to Comments reduction of vertical lines needed to closure area creates a protection 37, 38, and 42. reduce serious injury and mortality of corridor for the whales to travel through Comment 44: One commenter large whales that encounter vertical on their way to their Cape Cod Bay commended NMFS for proposing the lines to PBR levels. Sufficient feeding ground. Recent passive acoustic closures but stressed the importance of information is not available on when, studies analyzing right whale calls reporting requirements to assess the where, and how entanglements occur detected in Massachusetts Bay indicate closures effectiveness. Closures could such that a quantifiable line reduction a persistent presence of right whales trigger a relocation of effort so NMFS target can be calculated. NMFS believes and call activity throughout much of the should be ready to expand the that the closure, accompanied by the year (Morano et al., 2012; Mussoline et boundaries of the closures if this minimum number of traps per trawl al., 2012). NMFS will continue to survey relocation leads to new areas of high co- requirement coupled with the current the area for whale abundance and will occurrence. regulations already required under the work with the Team to modify the Plan Response: NMFS intends to continue Plan, will achieve the goals and if future surveys indicate that this area to monitor fishing vessel trip report and objectives of the MMPA and ESA. As is no longer an important one for large observer data, and work with states to part of its monitoring plan, NMFS will whales. In addition, the ability to improve reporting requirements to monitor the impacts of all the account for distribution shifts exists in accurately capture fishing effort and requirements in the rule on whale the current regulations (see response to changes in fishing effort as a result of populations (see response to Comment Comments 3 and 13). If it is found that the final rule requirements. Should 8). right whales remain in a closed area relocation of effort occur that would Comment 48: One commenter longer than expected or leave earlier, or result in new areas of high co- suggested that the time period for the if the boundaries of a closed area are no occurrence NMFS would work with the Jeffreys Ledge closure should include longer appropriate NMFS, in Team to adjust the Plan as needed. September. consultation with the Team, may make Comment 45: One commenter Response: The final rule does not changes to the requirements pursuant to suggested that NMFS consider replacing include the Jeffreys Ledge closure (see

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the ‘‘Changes from the Proposed Rule’’ Rule’’ section of the preamble and the Comments on Effective Date section of the preamble). response to Comments 37, 38 and 42. Comment 49: One commenter Comment 52: One commenter stated Comment 54: One commenter supported the use of closed areas to that closures are essential to reducing recommended that NMFS provide an manage entanglement risks to right serious injury/mortality of large whales. adequate period prior to whales in locations where right whale The commenter believes that closures implementation of the final rule to abundance is predictable and impacts to are the best means to reduce risk as each allow for public education and for industry are minimal. The commenter proposed closure has a high co- industry to convert their gear to comply supported closing Massachusetts State occurrence score during the proposed with the new regulations. The waters in the Cape Cod Bay Critical season. commenter further noted that affected Habitat and suggested that this closure Response: NMFS believes that states might need time to make changes be state managed. The commenter closures can serve as an important to state trap/pot gear regulations to believes that a closure in Cape Cod Bay conservation tool if utilized address inconsistencies between state should be dynamic to allow the state to appropriately. However, based on regulations and NMFS’ proposed alter the closure based on the large public comment and the analysis of its amendments to the ALWTRP. whale surveillance program conducted alternatives found in the FEIS, NMFS Response: NMFS agrees and in that area. does not believe all three proposed considered input from state managers Response: See response to Comment closures are based on high co- and industry leaders to ensure that the 42. NMFS appreciates the support for a occurrence scores during the proposed date chosen for implementation is closed area in Cape Cod Bay. NMFS seasons as the commenter suggests. practical and provides adequate time to believes that the most effective closure Therefore, based on public comment, comply with new requirements. The to reduce the risk of serious injury and the final rule does not include the rule will have a phased-in mortality would include Federal waters Jeffreys Ledge or Jordan Basin closure implementation. The rule will become as well as state waters. NMFS intends to (see the ‘‘Changes from the Proposed effective 60 days after publication in the monitor this issue as part of the Plan’s Rule’’ section of the preamble and Federal Register; however, changes to monitoring strategy (see response to response to Comment 42). The single gear marking and gear modification Comment 8). closure is consistent with the MMPA’s requirements in the Southeast Restricted Comment 50: Some commenters provisions to reduce risk of serious Area North are effective November 1, stated that the economic costs of the injury and mortality while also taking 2014, and changes to gear marking and closures to the industry are too great into account the economics of the the minimum number of traps per trawl and outweigh the conservation benefits fishery, the availability of existing requirements in the Northeast are to whales gained by the closures. They technology, and existing fishery effective June 1, 2015. The new stated that the reduction in co- management plans. minimum trap per trawl measure occurrence as a result of the closures Comment 53: Some commenters were requires increasing the number of traps will be minimal compared to the cost to concerned about the failure to more per vertical line which requires removal industry. The cost per unit of co- fully address vertical line risk in the of equipment from the water and occurrence reduction is spread across Southeast in light of the likely increased reconfiguration of line and equipment. fewer vessels impacted by closures. effort in the black sea bass trap/pot Additional time is needed for fishermen Response: NMFS partially agrees with fishery during the winter as a result of to adapt to these changes. The changes the commenter and has modified the the SAFMC’s recent actions related to in the Plan require the reconfiguration final rule based on public comment to the Snapper-Grouper Fishery include one closure instead of the Management Plan. Commenters noted of approximately 200,000 vertical lines proposed three (see the ‘‘Changes from that this potential increase in fishing at an annual compliance cost of the Proposed Rule’’ section of the effort was not considered in the DEIS. approximately $1.9 to $4.5 million. preamble). NMFS is sensitive to the cost Response: SAFMC is developing NMFS finds that there is good cause for of complying with the final rule and has Snapper Grouper Regulatory the phased-in implementation dates to analyzed these costs in Chapter 7 of the Amendment 16, to modify or remove address the public’s concerns to provide FEIS. NMFS believes that there is the recently implemented black sea bass adequate time to implement the enough evidence indicating whales fishery closure intended to protect right requirements in a cost-effective manner inhabit the proposed Massachusetts whales from entanglement in vertical and given that the impact on Restricted Area to support closing this lines associated with the black sea bass conservation benefit to large whales area (see responses to Comments 37, 38, fishery. This regulatory amendment has from this phased-in implementation and 42). The Massachusetts Restricted the potential to contradict or remain will be minimal given the relatively Area has long been known to be an consistent with the intent of this final short delay in implementation. important feeding ground for large rule (intended to reduce the threat of Specifically, the majority of the whales and there is a reduction in co- entanglement to right and other large conservation measures included in the occurrence that will translate into a whales from vertical lines associated final rule will become effective 60 days conservation benefit, thus helping with commercial fisheries). NMFS holds of publication, including protective achieve the requirements of the MMPA. a seat on the SAFMC and continues to measures during calving season and a Comment 51: Multiple commenters collaborate with the SAFMC on its closure starting January 1, 2015, and all stated that if the Jordan Basin closure is regulatory amendment to encourage current ALWTRP requirements, finalized then the boundary of the adequate protection for right whales. including the sinking groundline closure area should be modified to only Additionally, NMFS will consult the requirement, remain in place during the include waters in LMA 1 and not have Team and may consider future phased-in implementation of some of the boundary cross the LMA 3 line as amendments to the Plan, if appropriate, the new measures. currently proposed. to address new developments that affect Comment 55: One commenter stated Response: The final rule does not the risk to right and other large whales that there will be a significant burden include the Jordan Basin closure. Please in the South Atlantic from vertical lines placed on industry to comply with the see the ‘‘Changes from the Proposed associated with commercial fishing gear. proposed measures and requested that

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NMFS provide adequate time for fishing for blue crab in Federal waters. cases. Of the 499 entanglement events, industry to convert their gear. Consequently, NMFS does not believe gear marking led to 51 (10%) cases Response: NMFS is sensitive to the that a gear marking scheme that will where fishery, location, and date were needs of industry to convert gear to the enable trap/pot gear to be easily moved identified. NMFS believes requiring required minimum number of traps/pots between Federal and state waters is larger marks more frequently will per trawl and appropriate gear marking needed. Furthermore, the Team increase the amount of marked line scheme. Typically NMFS provides 30 highlighted that gear marking is an recovered during events and thus better days for industry to comply with new important conservation measure, inform future management decisions. requirements. Based on public specifically gear marking that allows Comment 62: Some commenters comment, NMFS has agreed to provide gear to be distinguished between areas. questioned the need to mark in exempt additional time for fishermen to convert NMFS appreciates the concern about waters if the occurrence of whales in their gear (please see response to old or wet lines not taking paint or exempt waters is rare. Comment 54). holding colored tape. Since we did not Response: See response to Comment Comment 56: Numerous commenters receive any comments from trap pot 59. requested that the implementation date fishermen regarding challenges with Comment 63: Two commenters cited coincide with the trap/tag date of June gear marking or the need for a phase-in challenges with marking offshore gear as 1, asserting that a mid-season period, NMFS does not believe these the gear is always wet and infrequently implementation date in the fall is not actions are necessary. See response to brought back to shore. The gear is also practical. Comment 26. easily identified due to its size. Response: NMFS agrees with the Comment 58: Many commenters Response: NMFS acknowledges this commenters and considered input from support gear marking but felt the challenge but points out that offshore state managers and industry leaders to proposed gear marking falls short of gear is currently required to be marked. ensure that the date chosen for managers’ needs and a more refined gear The new gear marking scheme would implementation is practical and marking is necessary. expand the size and frequency of the provides adequate time to comply with Response: Based on implementation current gear marking scheme. new requirements. NMFS will have a considerations and technology presently Comment 64: A few commenters phased in approach to the new available, NMFS believes the final gear noted that fine scale marking in the Gulf requirements. Based on public marking scheme is appropriate. If more of Maine is justifiable and more unique comment, NMFS has agreed to provide promising techniques become available color codes are necessary than what is additional time for fishermen to convert in the future, NMFS will discuss them being proposed. their gear (please see response to with the Team. Response: See response to Comment Comment 54 and 55). Comment 59: Many commenters 58. Comment 65: Many commenters Comments on Gear Marking stated that marking in exempted waters would be difficult and not feasible. opposed increased gear marking in Comment 57: Numerous people Many fish both inside and outside of the LMA1 (frequency, level, or size) stating commented that requiring one color exemption area so they would need to that the gear marking only informs code for trap/pot lines deployed in state remark their gear with a different color where the gear was set and not where waters and another for Federal waters as scheme every time they fish in and out the entanglement occurred. These proposed for the SERA N would force of the exempted waters. This is not time commenters suggested that NMFS commercial fishermen to re-rig their or cost effective. suspend increased gear marking gear because blue crab trap/pot gear is Response: NMFS has modified the requirements until more definitive fished in state, Federal, or state and final rule based on public comment and regional markings are available. Federal waters depending on blue crab will not require gear marking inside the Response: See response to Comment distribution. These commenters exemption area (see ‘‘Changes from the 58. recommended a gear marking scheme Proposed Rule’’ section of the Comment 66: A few commenters that would allow fishers to quickly alter preamble). suggested that NMFS modify the color markings without incurring the Comment 60: Some commenters proposed gear marking to better expense and labor of changing the entire stated that if exempted waters were understand the gear configuration in the line. One commenter requested a 3-year required to be marked, then Maine and Gulf of Maine. The commenters phase-in period because old or wet lines New Hampshire should have different suggested marking by trawl length. will not take paint or hold colored tape, colors for their exempt waters and not Response: Various gear marking so entirely new lines will have to be be grouped together. schemes were discussed by the Team purchased before the fishery could come Response: See Response to Comment over the course of several meetings into compliance with this measure. 59. during the development of this rule, However, the commenter supported the Comment 61: Some commenters including the idea suggested by the two-color marking requirements to stated that marking the line three times commenter. However, the Team could differentiate trap/pot gear fished in state was excessive and 1-mark mid-way not reach agreement on how to mark vs. Federal waters. There were also down the line is adequate. The gear based on the gear’s configuration. some commenters, including fishermen, commenters felt that making the current NMFS also solicited gear marking ideas who did not object to the proposed gear mark larger would be the easiest during its public scoping meetings, marking scheme. approach but were unclear if this would which also did not yield any feasible Response: The concern about different really make a difference. alternatives. Therefore, NMFS believes gear marking requirements between Response: NMFS believes the current the final gear marking scheme is Federal and state waters is restricted to gear marking scheme that requires only appropriate based on the current the blue crab fishery off Georgia and one 4-inch mark is inadequate. technology that exists and public South Carolina. NMFS believes that the Frequently the line recovered from comments received on feasibility of gear requirement for trap/pot gear fished in entanglement events is unmarked. Of marking. Federal waters to return to port at the the 499 entanglement events from 1997– Comment 67: One commenter end of a fishing trip will eliminate 2011, gear was only recovered in 170 suggested adding a second color for

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each LMA. The commenter also did not vertical line breaking strength is the additional requirement that all trap/pot support the use of orange as color for most risk-averse proposal and should be gear be brought back to shore at the end marking the Southern Nearshore Trap/ adopted for the right whale calving area of each fishing trip. NMFS believes Pot area as this is too similar to the red critical habitat or the entire Southeast these combined measures provide color required in other waters. restricted area; (2) NMFS does not overall risk reduction for right whales Response: Based on implementation explain why the Federal waters vertical while taking into account their co- considerations and technology presently line breaking strength requirements occurrence with fishing gear, available, NMFS believes the final gear mirror those of Georgia and South bathymetry, and characteristics of marking scheme is appropriate (see Carolina rather than the more fishing practices in offshore federal response to Comment 63). The current appropriate (and more conservative) waters. color mark for Southern Nearshore Florida breaking strengths; and (3) Comments on Gillnets Trap/Pot area is orange. The final rule NMFS attempted to rationalize different does not change this color scheme. rope breaking strengths in different Comment 71: Many commenters felt Comment 68: One commenter areas by stating that the lower breaking that the impact from gillnet gear should suggested that rather than just three strength in Florida state waters would be included in the proposed vertical marks per line that the number of marks protect ‘‘neophyte’’ calves; however, line reduction measures. be increased for those fishing in deeper these same ‘‘neophytes’’ are born further Response: Including gillnets in the waters. The commenter also suggested to the north where rope breaking proposed measures was analyzed in the marking groundlines. strengths are far higher and thus, FEIS and rejected (See Chapter 3, Response: Based on the public presumably create potentially greater Appendix 3–A of the FEIS).The gear comments received, NMFS believes that risk. On the other hand, some submitted characterization information in the co- three marks per line is adequate at this comments in support of lower breaking occurrence model shows that 99% of time. NMFS did not propose marking strengths for vertical lines and weak the vertical lines coastwide are from groundlines through this rulemaking. links in Florida state waters versus lobster trap/pot and other trap/pot fisheries (Exhibit 3A–1). For this reason, Comments on Weak Links/Vertical Line those required for Georgia and South Carolina. They commented that right NMFS and the Team chose to focus this Comment 69: Multiple commenters whales off Georgia and South Carolina rule making on trap/pot gear only. stated they already used weak links and are frequently found over 3 miles from Comment 72: One commenter some used weak links with fewer hog the shoreline so there is less overlap of suggested that a prohibition on gillnets rings than required (i.e., lower breaking whales with state water fisheries, be included in the Jeffreys Ledge trap/ strength). These commenters stated that whereas right whales in northeast pot closure area. they did not have objections to the Florida frequently inhabit state waters. Response: The final rule does not proposed weak link requirement. One include the Jeffreys Ledge closure (see commenter requested test trials because Response: NMFS does not agree with the ‘‘Changes from the Proposed Rule’’ he did not know how many hog rings the recommendation to require 1,500 lb section of the preamble and response to resulted in 200 lb (90.7 kg) breaking (680 kg) vertical line breaking strength Comment 42). strength and he wanted to ensure the throughout critical habitat or the entire Comment 73: One commenter feasibility of this requirement in the Southeast restricted area. The rationale suggested that the rule include a blue crab fishery. Another commenter for requiring different rope breaking prohibition on gillnets in all proposed mentioned the importance of enforcing strengths in different areas is based on closure areas as well as the sliver the existing weak link requirements. multiple considerations: (1) Right whale management area with the current Great Other commenters recommended that mother/calf pairs in the Southeast most South Channel Restricted Gillnet Area. frequently occur in water depths of 10– Response: See response to Comment 200 lb (90.7 kg) weak links be required ∼ throughout critical habitat or throughout 20 m ( 33–66 ft) (Keller et al., 2012). 71. In addition, the amount of gillnet Florida state waters are typically deeper vertical lines removed as a result of the SERA N. ∼ Response: We agree that enforcement than 10 m ( 33 ft) closer to shore, proposed closures is minimal compared is important and we will ensure that our whereas depths along the coasts of to the trap/pot gear vertical lines Joint Enforcement Agreements with Georgia or South Carolina are generally removed (Chapter 3 Exhibit 3A–2 of the ∼ state agencies include checking weak less than 10 meters ( 33 ft). Therefore, FEIS). This result leads to a high links on trap/pot gear. NMFS believes the probability of blue economic impact on individual gillnet We believe a three hog ring weak link crab trap/pot gear interactions with vessels but low overall conservation configuration is feasible for the Florida mother/calf pairs is higher in Florida impacts or reduction in co-occurrence. blue crab fishery. We conducted five state waters than South Carolina or Therefore, NMFS proposed the closures trials to test the breaking strength of a Georgia state waters; (2) many fishermen for only trap/pot gear and not for gillnet 3-hog ring, side-by-side configuration in South Carolina and Georgia state gear. and each time found the breaking waters report their trap/pot gear can be strength to be less than 200 lbs (90.7 kg) partially buried in bottom sediment and Comments on Enforcement and (NMFS unpub. data). therefore require stronger vertical lines Monitoring We are not requiring a uniform 200 lb to avoid unintentionally breaking lines Comment 74: Many commenters (90.7 kg) weak link throughout critical during retrieval; and (3) offshore Federal expressed their support for increased habitat or the SERA N for the same waters are less protected and typically effort and funding for enforcement to reasons a vertical line with maximum exhibit harsher conditions that require improve compliance. breaking strength of 1,500 lbs (680 kg) vertical lines with greater breaking Response: NMFS appreciates the is not required (see response to strengths to reduce accidental gear loss support and acknowledges that Comment 70). and the potential risk to right whales enforcement is essential to the success Comment 70: A number of from derelict gear. Consequently, NMFS of the Plan’s regulations. commenters submitted the following capped the maximum vertical line Comment 75: One commenter stated comments on the rope breaking strength breaking strength in federal waters at that the status quo could be improved requirement: (1) The 1,500 lb (680 kg) 2,200 lbs (998 kg) and included the by having mandatory training for

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disentanglement by industry members. bases decisions on the best information Response: See responses to Comments He stated that it didn’t make sense to available at that time. 6 and 8. NMFS will assess its annual wait hours for trained responders to Comment 78: One commenter monitoring reports to ensure that the arrive during a rescue situation. believes that the monitoring of the most useful information is included. Response: NMFS has an Atlantic impacts of the proposed changes is Comment 83: One commenter Large Whale Disentanglement Network unclear. The commenter recommends recommended a requirement that all that provides training, equipment, and that funding for large whale scar trap/pot fishermen permitted to fish in authorization for responders to analysis continue in order to determine federal waters record and submit data disentangle large whales. There are if scarring has increased or decreased on the location, number, and length of defined safety protocols and established and if the reduction of vertical line has time that endlines are deployed and that guidelines for training and designation reduced the rate of interaction. Scarring NMFS should describe in the FEIS of response levels within the program. analysis could also help to monitor the precisely what data on endlines (e.g., A five-level structure was established trend in severity of the entanglements. number, location, and length) NMFS based upon levels of training, with Response: Scarring analysis is expects state fishery agencies to provide respect for the inherent danger of included as a metric in the monitoring to evaluate compliance and rule working with various species of large strategy (see Response to Comment 8). effectiveness. whales. Only authorized persons may Comment 79: One commenter feels Response: NMFS did not implement disentangle large whales. that NMFS must address the risk reporting in this rule-making because Comment 76: Multiple commenters associated with emerging fisheries. NMFS did not seek comment on this stated that the rule does not address Response: NMFS has a plan in place measure in the proposed rule. Although data gaps for lobster fishing in Federal to deal with emerging fisheries through such reporting is outside the scope of waters. They suggested NMFS require its annual List of Fisheries. Fisheries are this rulemaking, NMFS will consult the Federal lobster permit holders to report added to the Plan once they are Team and may consider a reporting landings, gear configuration, and other classified on the annual List of Fisheries requirement in future rulemaking. relevant information. as having frequent or occasional Comments on the Shipping Industry Response: NMFS is aware that data interactions with right, humpback, or and/or Ship Strikes gaps exist in certain fisheries. The fin whales. If an emerging fishery fits American lobster fishery is managed these criteria and is added to the List of Comment 84: One commenter stated cooperatively by the Atlantic states and Fisheries, then that fishery would have that he thought whales got hit by boats NMFS under an FMP developed by the to abide by all the Plan’s requirements and then entangled in the line so the Atlantic States Marine Fisheries including the proposed trawling up shipping industry should be held Commission (Commission), which is a requirements. accountable. deliberative body of 15 Atlantic coastal Comment 80: One commenter stated Response: The Recovery Plan for the states that coordinate the conservation that improved enforcement and North Atlantic Right Whale (National and management of Atlantic coastal monitoring is needed and fisheries Marine Fisheries Service 2005) fishery resources. Under the American should be monitored on a day to day identifies vessel interactions and Lobster FMP, the states issue regulations basis. The commenter suggested interactions with commercial fishing for lobster fishing in state waters and increasing the frequency of observer operations as the two primary sources of NMFS supports the FMP by coverage or video surveillance as data anthropogenic activities that result in implementing regulations for fishing in collection leads to stricter enforcement. right whale death or serious injury. federal waters. NMFS continues to work Response: NMFS agrees that Although the scenario suggested by the closely with the Commission to develop enforcement and monitoring are commenter is plausible, NMFS uniform reporting where appropriate. essential to the Plan’s success. Sea- addresses vessel interactions and Comment 77: One commenter sampling observers collect large whale interactions with commercial fishing expressed his support for better sightings data, however, this is one of operations separately. Ship strikes are enforcement and monitoring of existing many data collection responsibilities evaluated through a separate action in regulations before proposing additional and the likelihood of observing an support of the implementation of the measures. He suggested there should be entanglement event is rare. North Atlantic right whale ship strike annual stock assessments for large Comment 81: One commenter feels strategy. The ship strike reduction rule, whale species and a more timely that there should be mandated reporting first implemented in 2008, implements decision making process that relies on requirements for all states. regulatory measures that reduce the risk real time information. Response: See response to Comment of ship strike to right whales, such as Response: NMFS and the Team have 72. NMFS will continue to work with speed restrictions and vessel routing developed a comprehensive monitoring state partners to improve reporting measures. The rule is one component of strategy that evaluates industry requirements to keep the fishing effort a suite of NMFS’ comprehensive right compliance to the Plan’s requirements data in its vertical line model current. whale ship strike reduction measures, and the overall effectiveness of the Plan If voluntary reporting becomes an which also includes education and in achieving its goals and objectives (see ineffective means to collect information, outreach to commercial and recreational responses to Comments 6 and 8). NMFS NMFS will work with the Atlantic mariners, research on technologies that continues to work with the U.S. Coast States Marine Fisheries Commission on may help mariners avoid whales, a Guard, NOAA Office of Law the prospect of mandatory reporting. comprehensive program of sighting Enforcement, and state partners through Comment 82: One commenter advisories to mariners, section 7 Joint Enforcement Agreements to encouraged NMFS to produce more consultations to address Federal vessel enforce NMFS’ regulations. NMFS robust annual monitoring reports. The activities, and the development of a currently publishes SARs for large commenter also requested a full five Conservation Agreement with Canada whales on an annual basis because year report be completed before the final on a ship strike strategy. This final rule decision making processes that rely on rule assessing the sinking groundline addresses the risks to right whales from real time information are challenging; rule since it has been in place for five interactions with commercial fishing NMFS, in collaboration with the Team, years. operations by reducing the risk of death

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or serious injury when large whales Comment 89: One commenter stated waters, there is a possibility that encounter vertical lines from that it appeared that concessions were changing gear configurations may commercial trap/pot gear. made to minimize the hardships in impact catch. These impacts may Comment 85: One commenter stated meeting the plan’s goal and LMA 2 diminish over time, as fishermen adapt that the ship speed rule should be lobstermen are disproportionally to new gear configurations and learn to permanent. affected by the proposal. The fish longer trawls more efficiently. Response: NMFS concurs. On commenter stated that Downeast Maine NMFS believes that the minimum December 9, 2013 NMFS published a lobstermen were allowed to fish doubles number of traps per trawl required and final rule (78 FR 73726) that eliminated but those in LMA 2 would be required exceptions made to this requirement the expiration date of the ship strike to go up to three traps per trawl in state adequately address the safety concerns reduction rule. The regulation is now waters even though there are probably association with fishing trawls while permanent. 30–50% fewer vertical lines in LMA 2 still providing a viable economic return Comment 86: One commenter stressed today than in the past due to the lobster to fishermen. the need to address the impact of ship stock collapse. Comment 92: A few commenters strikes. Response: NMFS modified the final questioned the proposal to increase the Response: See response to Comment rule based on public comment. All those number of traps per trawl and stated 84. fishing in state waters of LMA 2 will be their opinion that a whale would be allowed to fish doubles rather than the more likely to survive a single pot Comments on the Number of Traps per previously proposed three traps per entanglement than an entanglement in a Trawl trawl. trawl. Comment 87: Several commenters Comment 90: Several commenters Response: NMFS believes that a single stated that trawls would increase gear were concerned that increasing the line of high breaking strength with one conflict and thus ghost gear. number of traps per trawl would create or multiple traps can be deadly. Past Response: NMFS evaluated the effects experiences show that just a simple loop safety issues for smaller fishing of trawls on gear loss in Chapter 6 of the operations. These commenters stated can kill a whale. Also, fewer vertical FEIS. Overall, the effect of trawling on lines create a lower entanglement risk to that there would be stability issues and gear loss is unclear. While data from a the potential for capsizing due to the whales. Maine trawling project completed in Comment 93: Many commenters distribution of weight of the additional 2012 suggest some potential for supported the proposed number of traps rope and traps on board. increased gear loss during fishermen’s per trawl, particularly the proposed Response: Because vertical lines pose transition to trawls, the more extensive increase outside state waters. a risk to whales regardless of vessel size, data from the Massachusetts ghost gear Response: NMFS appreciates the NMFS requires both small and large survey completed in 2011 suggest that support. vessels to increase the number of traps trawls are less subject to gear loss in Comment 94: Several commenters per trawl to reduce the number of steady-state conditions. Gear loss is mentioned the danger of fishing with vertical lines in the water column. likely a function of numerous variables trawls in the Outer Cape citing issues However, NMFS is aware of these safety that extend well beyond the trawl related to storms, traffic, and tides concerns for smaller vessels. To address configuration, including bottom unique to the Outer Cape. impacts to smaller vessels, state structure, shipping traffic, gear density, Response: NMFS is sensitive to these managers and industry representatives gear conflicts, tides, currents, and concerns and the uniqueness of the on the Team proposed utilizing a weather events. The net effect of Outer Cape. The final rule will require smaller minimum number of trap/pots trawling in the context of all these those fishing on the Outer Cape to fish per trawl. Those smaller limits in variables is difficult to characterize or a minimum of two traps per trawl as inshore state water areas are contained quantify. NMFS will continue to opposed to larger trawls required in this final rule. Also, based on public monitor this issue and consider future elsewhere. comment NMFS modified the final rule rulemaking if warranted. Comment 95: A few commenters to allow for a minimum of two traps per Comment 91: One commenter stated stated that many in the Outer Cape and trawl in some areas that previously that it was more profitable and safer to Cape Cod Bay use singles and wondered would have required three traps per fish singles than trawls. if there were confirmed interactions trawl. NMFS also established a 1⁄4 mile Response: Analysis of the impact to with singles in these areas. If there are buffer around three inhabited Maine catch as a result of trawling is discussed not then why penalize fishermen? islands to allow those small vessels to in Chapter 6 of the FEIS. Data to support Response: It is uncertain how many continue to fish single trap/pots. NMFS a quantitative analysis of trawling interactions there have been with Outer believes that these modifications effects on catch are extremely limited. Cape and Cape Cod Bay gear. Because address the small vessel safety concerns Because multiple factors influence catch most large whale entanglements while still meeting the conservation rates (gear configuration, gear density, (particularly those involving right goals of the MMPA and ESA. the abundance of the target species, whales) tend to be free swimming Comment 88: Several commenters bottom structure, soak time, individual entanglements when detected and the disagreed with the changes to the skill, etc.), it is difficult to isolate the gear recovered from these inshore fishery to require pairs or triples effect of trawl configuration on catch. entanglements do not provide adequate and no longer allow singles. They stated Research has demonstrated that the information to determine where an that they fish around shallow bays and optimal spacing of lobster traps depends entanglement occurred, entanglements rugged bottoms so fishing with anything upon the abundance of lobster in an from specific fisheries and areas are more than a single would create gear area; the greater the density of lobster, rarely documented. After the loss or damage. They suggested a near the greater the density of traps that can implementation of the broad based shore exemption for singles. be fished without an adverse impact on prohibition on floating groundline in Response: The final rule does not catch per trap (Schreiber, 2010). In 2009, 54 new whale entanglements were include a near shore exemption for Massachusetts waters, where lobster reported: 21 in 2010 (5 right and 16 singles. See response to Comment 87. appear to be less dense than Maine humpback), and 33 in 2011 (11 right, 21

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humpback, and 1 fin). The entangling Response: See response to Comment defines a maximum breaking strength of gear was either retrieved or identified in 87. The final rule includes a 1⁄4 mile weak links in the Southeast. Weak links only 15 of these incidents. NMFS must exemption around three inhabited are designed to reduce the breaking take action to ensure the goals of the islands in Maine. Those fishing in these strength of traditional gear and have MMPA and ESA are met. waters will have no minimum number been in the Plan since its inception. Comment 96: Two commenters stated of traps per trawl requirement; however, Also, the final rule will lead to less that mandating one buoy line on trawls all other requirements would remain in vertical lines in the water which will per five traps or less would cause a place. make an encounter less likely. safety issue and the potential for gear Comment 100: A few commenters Comment 104: One commenter feels loss and gear conflict. It is a common commented that the four pocket waters that it is problematic to ban singles in problem for boat traffic or gear conflict in Maine should maintain their current areas where recreational fishing occurs to cause the temporary or permanent practices of fishing pairs rather than and this creates a double standard. loss of a buoy, connected to a vertical increasing to triples. These pocket Response: The regulations line, identifying a trawl. Without the waters are described in Federal law (50 implementing the Plan are governed by option to haul that trawl from a second CFR 697.24). Maintaining current Section 118 of the MMPA, which vertical line there is a potential for practice in these waters is operationally requires take reduction teams to assist increased ghost gear. practical for both industry and NMFS in the development of take Response: The regulations currently enforcement. One commenter also notes reduction plans that address serious require one buoy line on trawls having that the co-occurrence score near the injuries and mortalities of marine less than or equal to five traps. The final pocket waters exceeds one in only one mammals that interact with commercial rule would not change this requirement. month at the head of one pocket water fishing operations. Therefore, the Comment 97: One commenter had with the majority of this score located proposed measures apply to commercial concerns with the trawling up strategy, outside of the pocket water boundary. fishing only. However, recreational stating that those fishing in Federal Response: NMFS modified the final fishermen who take marine mammals waters are already fishing trawls with rule based on public comment to are in violation of the MMPA the minimum number proposed so there include the definition of pocket waters. prohibition against taking marine would be no reduction in vertical lines. The rule defines the geographic location mammals. However, states may choose Response: NMFS disagrees with this of pocket waters and applies the same to regulate recreational fisheries within comment. The model used current data gear requirements for traps per trawl as their state jurisdictions. to estimate vertical lines based on in state waters, and as such, those Comment 105: One commenter current fishing practices and estimated fishing in that area can maintain the asserted that it was counterintuitive that the reduction in vertical lines that current practice of fishing pairs rather there would be a ban on singles would result from compliance with the than increasing to triples. proposed in the Northeast but a new requirements. This demonstrates Comment 101: Two commenters proposal to require singles in the that there would be a reduction in commented on Rhode Island’s single pot Southeast. The commenter questioned vertical lines. fishery. They stated that three-pot trawls the lack of consistency between regions. Comment 98: Two commenters felt are not an option for small boats for Response: The proposed measures that NMFS should set vertical line safety reasons. They also mentioned that differ between the Northeast and reduction limits and work with the there is no known serious injury/ Southeast region, as well as from state Atlantic States Marine Fisheries mortality in Rhode Island state waters to state, to account for variance in Commission and Fishery Management and the area has a low co-occurrence fisheries, right whale habitat use, right Councils to reach those targets. One score and as such should be exempted. whale life history stage, and commenter felt that gillnet and other Response: NMFS modified the final environmental features. The core right trap/pot fisheries should be included in rule based on public comment. The whale calving area located within the this process as well. minimum number of traps per trawl Southeast is of particular conservation Response: The MMPA provides the required in Rhode Island state waters concern due to the presence of neophyte authority to address marine mammal will be two instead of the three pot calves and reproducing females. Singles bycatch; NMFS is responsible for trawls originally proposed. are required in this area because calves implementing the MMPA. Both the Comment 102: One commenter may be able to break free of an ASMFC and FMCs provide input to requested NMFS to decrease the entanglement in lighter single trap gear NMFS through their representatives on minimum number of traps per trawl in configuration than from a heavier the Team. Also, see responses to LMA 2 (12+) from 20 to 15. multiple trap trawl gear configuration. Comments 12 and 47. Response: The Preferred Alternative Also, in an effort to reduce damage to Comment 99: Numerous commenters in the proposed rule proposed 15 as a sensitive habitats, single traps/pots are voiced safety concerns associated with minimum number of traps per trawl in preferable in the Southeast. The trawling up in waters surrounding LMA 2 (12+). The Preferred Alternative Southeast U.S. has many coastal Maine’s many islands. The bottom is in the final rule includes this as well. habitats that include live bottom and rocky and shallow in this area and many Comment 103: One commenter stated corals; in particular, there are ample small boats fish these waters. The that there are indicators that suggest amounts of live bottom off the coast of waters are generally less than 30 rope is too strong for whales to break Northeast Florida. Traps set in multiple fathoms deep and unlikely to increase free and a serious entanglement and/or trap trawls can damage live bottom co-occurrence risk; some suggested a 1⁄4 injury could occur. more than single traps. Groundlines mile exemption around islands from the Response: The final rule includes may drag across the bottom, potentially proposal to increase the number of traps numerous measures to reduce the shearing off living organisms most per trawl. One commenter suggested likelihood that a serious entanglement important in providing topographic limiting the trawl minimums on a will occur. The rule requires a weaker complexity (Barnette, 2001). seasonal basis for areas around islands breaking strength of rope in the Furthermore, the area swept by the which are considered state waters but Southeast where the potential for calves groundline is orders of magnitude that are found outside the 3-mile line. to get entangled is higher. The rule also greater than the cumulative area of the

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traps themselves (Barnette, 2001). It is Comments on Trap Reduction/Existing Response: See response to Comment estimated that hauling in a single trap Measures 110. results in 30% more damage to the Comment 113: A few commenters Comment 110: A few commenters substrate than setting the trap itself suggested that many fishermen are noted that LMA 2 has undergone trap (Appledorn et al., 2000); thus, hauling fishing below their allotment of trap/pot reductions and the impact of these trap in multiple traps would increase the gear on their permit and flexibility reductions should be accounted for should be allowed. They stated that extent of the habitat damage more than when considering vertical line hauling a single pot. NMFS can reduce the number of vertical reductions. lines by allowing fishermen the option Comment 106: One commenter stated Response: The measures developed of either trawling up or fishing below that a number of fishermen can’t fish the are based on a vertical line model that their allotment of traps with less minimum number traps/trawl proposed allowed us to target conservation number of trawls. for the 12 mile line in Maine. The measures in areas that have the highest Response: NMFS and the Team commenter suggested proposing a ‘safe overlap of large whale sightings per unit discussed this issue at several of its trawl equivalency.’ Fishermen could effort with vertical lines associated with Team meetings during the development fish in areas traditionally fished with a commercial trap/pot and gillnet fishing. of this rule. Similar to the response to number of traps they feel is safe. This The model accounts for the way the Comment 105, NMFS and the Team would be no less than 10 traps/trawl but fishing industry deployed its gear in the could not quantify how fishing below they would have to apply for this past, which reflect the requirements ones trap/pot allocations equates to a equivalency and explain why they are when the proposed measures were reduction in the number of vertical lines not able to fish the standard limit. developed. NMFS acknowledges that in the water column. Response: NMFS appreciates the effort reduction has taken place; Comment 114: One commenter stated suggestion. NMFS developed the however, a reduction in traps does not that LMA3 traps have been reduced by minimum number of traps per trawl necessarily equate to a reduction in the over 30% and will continue to be with input from multiple stakeholder number of vertical lines in the water reduced by another 25% through active groups. NMFS believes that the column. During the comment period, reduction. The passive reductions will minimum number of traps per trawl in NMFS requested comments on how best result in 10% of transferred traps being the final rule is adequate, and addresses to quantify potential future trap retired. the safety concerns of industry while reductions or increases with respect to Response: See response to Comment meeting the MMPA and ESA goals. how many vertical lines could be 110. reduced or increased. NMFS did not Comment 115: Some commenters Comment 107: One commenter receive any substantive comments stated that many of the goals of the suggested that the rule include a addressing this issue. NMFS realizes ALWTRP are currently being achieved recommendation to maximize the that potential effort reductions or through the South Atlantic Fishery number of traps per trawl as a voluntary increases in the future could reduce or Management Council Snapper-Grouper measure similar to the current increase the number of vertical lines in Fishery Management Plan since it limits recommendation that ropes should be as the water column. NMFS, in the number of endorsements, requires knotless as possible. consultation with the Team, has pot tending, requires that pots return to Response: NMFS appreciates this developed a monitoring strategy to shore at the end of the fishing trip, and suggestion and will add the suggestion evaluate industry compliance with the limits fishermen to a 1000 lb (453.6 kg) to maximize the number of traps per Plan and the effectiveness of the Plan in trip limit. trawl in northeastern waters to outreach achieving the plan’s goals and Response: In the proposed rule, we materials similar to what is done with objectives. For more information on the acknowledged changes within the the knotless rope recommendation. monitoring strategy, please see the commercial black sea bass trap/pot fishery have reduced risk to large Comment 108: Numerous commenters response to Comment 8. whales. The most important and supported the proposed increase in Comment 111: One commenter requested that NMFS anticipate the effective risk reduction measure is that traps per trawl including adopting the South Atlantic black sea bass fishing proposed 6-mile line in Maine. implementation of Addendum XVII to the American Lobster FMP intended to season has not co-occurred with the Response: NMFS appreciates the reduce the number of LMA 2 traps to right whale season since January 2010 support for this measure in the final greater than 50% in six years through (i.e., no temporal or spatial overlap rule. active and passive reductions. He stated between commercial black sea bass trap/ Comment 109: One commenter that 50% reduction in traps may not pot gear and right whales). However, supported the proposed trawl equate to the same vertical line there are other trap/pot fisheries active minimums but stated without a defined reduction but it’s anticipated the within the SERA N during the right target for reduction the trawl minimums vertical line goal could be met by trap whale calving season that NMFS must are unlikely to achieve the required reductions and there should be an consider. impact without the use of closures. attempt to quantify potential line Comments on Research reduction from effort control. Response: NMFS appreciates the Comment 116: Many commenters support for the trawl minimums and Response: See response to Comment expressed their support for increased agrees that both the trawl minimums 110. funding for research and and closures combined will achieve the Comment 112: A few commenters disentanglement. best reduction in co-occurrence. The noted that trap reductions occur when Response: NMFS appreciates the final rule includes both trawl permits are transferred and thus the support for funding for both research minimums and a seasonal closure. numbers of vertical lines are reduced. and disentanglement efforts. Regarding the use of a defined target for There has also been a reduction of traps Comment 117: One commenter reduction, please see the response to because of the general reduction of commented that NMFS should continue Comments 12 and 47. fishermen. to research and develop alternative

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fishing gear as a way to mitigate the and Massachusetts, the U.S. businesses manner that clearly communicates the effect of a potential increase in effort depending on this product will increase key impacts of the alternatives under outside the closure areas. The their imports from Canada before an consideration. While presentation of commenter encouraged the increase in boat price will trickle down some findings at a higher degree of development of ropeless fishing or through dealers to harvesters. This may geographic resolution is theoretically reduced breaking strength of vertical result in a higher Canadian price first, possible, developing this information lines. possibly a higher U.S. price later but would require a substantial investment Response: NMFS agrees that gear nothing that will substitute for the of analytic resources. NMFS has research is an important component of projected 40–66% loss in average evaluated the effectiveness of each the Plan. NMFS funded two studies to annual gross revenue. alternative in reducing co-occurrence look at the feasibility of ropeless fishing Response: As the EIS indicates, the scores in all waters subject to the by using grapples/hooks to haul gear. dynamics of the lobster market are requirements of the Plan, and believes it There were a number of complications complex. The potential moderating is appropriate to report the impacts of with this fishing method that made it effect of imports from Canada on any each alternative at that level. infeasible from an economic and safety increase in U.S. prices adds to this Comment 122: One commenter standpoint. At this time, ropeless complexity. In light of these requested that the discussion of weak fishing is not a feasible option. NMFS considerations—as well as the relatively links be expanded to include evidence encourages the fishing industry, state modest impact the alternatives would that weak links have prevented partners, and others to work likely have on U.S. landings—the entanglements, reduced the likelihood collaboratively with the agency to analysis does not attempt to adjust the that an entangled whale would be continue to develop new ideas and estimate of economic impacts on U.S. seriously injured or die, have failed to techniques that will reduce lobstermen to account for a potential prevent entanglements, or may be entanglement risk. NMFS is committed increase in ex-vessel prices. It simply counterproductive in helping whales to gear research and development and, notes the possibility that a reduction in shed gear. as funding allows, will continue to catch could lead to an increase in Response: Additional information was develop reliable and safe gear prices. It does not suggest that any such added to the FEIS to address this modifications. increase would be sufficient to offset the comment. impact of a closure, either on the vessels Comment 123: One commenter Comments on Economic and Social displaced by the closure or on the requested that the FEIS identify the Impacts (of the Plan) industry as a whole. steps NMFS will take to ensure Comment 118: Two commenters Comment 120: One commenter enforcement of the new trawling up stated that the data used for the offshore commented that the loss in revenue as requirements. fishery (LMA 3) in the socio-economic a result of closures will be more than Response: See response to Comment analysis is flawed and is not an accurate predicted, stating that the cost is 122. depiction of the fishery. severely underestimated and that the Comment 124: One commenter Response: NMFS acknowledges that cost per unit of co-occurrence reduction requested that the analysis be revised to the characterization of the offshore is much larger. identify criteria being used to determine lobster fishery, like the characterization Response: NMFS acknowledges the when the economic costs of closures of other fisheries, is subject to the difficulty of predicting the impact of outweigh the conservation benefit to limitations of available data. The EIS seasonal area closures on affected large whales. attempts to address these limitations, vessels. The EIS evaluates an upper and Response: As the EIS notes, NMFS’ where possible, by drawing on data a lower bound scenario in an attempt to evaluation of regulatory alternatives is from multiple sources. In the case of the characterize the potential range of guided by the requirements of the offshore lobster fishery, for example, effects. In the upper bound scenario, the MMPA, the ESA, and the National estimates of the impact of trawling analysis assumes that vessels whose Environmental Policy Act, as well as the requirements on revenues are based in effort is displaced by the closure will requirements of other Federal laws like part on catch-per-trap estimates from a not relocate that effort to other areas; the Regulatory Flexibility Act (as 2005 survey conducted by the Gulf of hence, all revenue (net of operating cost amended by the Small Business Maine Research Institute, and in part on savings) associated with this effort is Regulatory Enforcement Fairness Act) data reported in the 2009 Lobster Stock assumed to be lost. NMFS believes this and executive orders such as Executive Assessment, focusing on Georges Bank approach provides a conservative but Order 12866, Regulatory Planning and as an indicator of offshore catch rates reasonable high-end estimate of the Review. None of these statutes or (see Exhibit 6–4). These and the other potential economic impacts of a closure. executive orders establishes explicit sources upon which the EIS relies The commenter also notes the criteria for determining when the constitute the best available information relatively high cost of closures, economic costs of a regulatory measure on the economic characteristics of the compared to minimum trawl-length outweigh its benefits when—as is the offshore lobster fishery. requirements, in achieving a reduction case here—costs and benefits cannot be Comment 119: One commenter in co-occurrence scores. The summary fully quantified and measured. In such disagreed that, with lower landings, less of the impact analysis (see Chapter 8) cases, identification of a preferred consumer surplus will lead to a greater explicitly addresses this issue. alternative requires an assessment of all boat price for fishermen to help offset Clarification Requests for the FEIS information available, including the cost or loss in revenue from these Comment 121: One commenter information on the potential impacts of proposed regulations. The commenter commented that the change in number management measures that cannot be did not believe this would occur, and of vertical lines and co-occurrence is not quantified. The preferred alternative instead thought that the U.S. imports partitioned out by state versus Federal that NMFS has identified was Canadian lobsters with no import/ and, as such, it is difficult to evaluate developed on the basis of such an export quota restriction; meaning when the proposed rule. assessment. these proposed closures result in lower Response: NMFS has attempted to Comment 125: One commenter landings from Maine, New Hampshire present the results of the analysis in a requested that the FEIS provide data on

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recent levels of fishing effort and rationale for continuing to exempt alternatives with respect to this economic impacts for proposed portions of Maine waters, recent fishery measure. closures. Those data should include the management actions, ocean noise, Comments on the Co-Occurrence Model number of affected fishermen, amount offshore energy development, and of gear set, and volume and net impacts and risks of chronic Comment 131: One commenter stated revenues of ex-vessel landings. entanglements. that the projections of risk reduction Response: Chapter 6 of the EIS Response: The FEIS was updated to from a model are not accurate and don’t provides the requested parameters in a include a more thorough explanation. work in the real world. series of exhibits (Exhibits 6–17, 6–22, Comment 129: One commenter Response: NMFS acknowledges the and 6–24). For each closure, these commented that NMFS did not provide uncertainties inherent in any attempt to exhibits show the number of affected a sufficient variety of alternatives in the model complex interrelationships, such vessels, the average number of traps per DEIS. The commenter suggested as that between commercial fishing affected vessel, and the revenue lost per additional alternatives including activity and entanglement risk. Through its research programs, NMFS has trap fished. As explained earlier in the reducing co-occurrence by 50%, invested considerable resources in chapter, the lost revenue figures mandating reductions in the amount of improving our understanding of these incorporate assumptions regarding the gear that can be used and season it is issues. While uncertainties remain, total landings per trap (in pounds) fished, and addressing gillnets. NMFS believes that the co-occurrence during the closure period. Response: The Council on model makes appropriate use of the Exhibit 6–25 presents a concise Environmental Quality guidance states summary of the commercial fishing information available to help guide that when there is a potentially large development and assessment of activity each closure would be likely to number of alternatives exist only a affect. Exhibit 6–28 presents estimates alternative management measures. As reasonable number of examples, better information is developed, NMFS of the costs associated with each covering a spectrum of alternatives, closure. will incorporate it into the analytic tools must be analyzed and compared in the it employs to inform the further Comment 126: One commenter EIS. NMFS believes that the number of requested that the FEIS include a development of the Plan. alternatives (seven) analyzed in the EIS Comment 132: A few commenters discussion of the full range of Team and was adequate. The alternatives analyzed peer reviewer comments on the commented that there is a lack of were a combination of stakeholder statistical conclusion in the model limitations of the model. proposals developed by the Team Response: As the EIS notes, citing the comments of one of the peer during the course of several meetings documentation for the Vertical Line reviewers that ‘‘this version of model is and the result of input received during Model, including a detailed discussion not ready to be used in a management the 15 public scoping meetings. of the model’s limitations, is available application until its performance has online at http://www.nero.noaa.gov/ Comment 130: One commenter been validated or compared with other protected/whaletrp/eis2013/index.html. requested that the FEIS include adjusted approaches’’. The peer review of an earlier draft of the co-occurrence scores for the mid- Response: The data the Vertical Line model’s documentation is available at Atlantic as was done for the Northeast Model employs were derived from a the same Web site. to account for areas with minimal to no variety of sources, including fishing A summary of each of the 16 public survey effort. reports, surveys, and expert judgment, hearings held in 2013 to solicit Response: NMFS considered not all of which are amenable to comments on the DEIS is available expanding the analysis presented in statistical analysis; thus, it is not online at http://www.nero.noaa.gov/ Appendix 5–B of the EIS to include the possible to generate statistical protected/whaletrp/vlr2013/index.html. mid-Atlantic, but concluded that to do confidence intervals that characterize These summaries include comments so would be overly speculative, given the uncertainty in the model’s output. In made on the limitations of the Vertical the relative dearth of both survey effort addition, the availability of data to Line Model, as well as other aspects of and opportunistic sightings data in the validate the model is limited. When the DEIS. region for much of year. Rather than such information is available—as was Written comments on the DEIS are suggest a greater understanding of the the case with data on vertical line use publicly available as part of the potential for co-occurrence in the mid- in Massachusetts—NMFS has employed regulatory docket for this rulemaking. Atlantic than the data warrant, NMFS it to refine the model. NMFS has also Volume II of the FEIS provides a chose to limit the analysis to the shared information with other summary of these comments, along with Northeast, where the effort to fill gaps researchers who are attempting to model NMFS’ responses. This includes in the effort-corrected sightings data various indicators of entanglement risk, comments submitted by members of the would be better informed by and has invited them to share Atlantic Large Whale Take Reduction opportunistic data on the presence of information on their approaches with Team, as well as comments submitted whales. Note too that the primary the Team. To NMFS’ knowledge, by others, concerning the limitations of purpose of the analysis presented in however, these models have yet to be the Vertical Line Model. Appendix 5–B is to examine how the completed. Until they are more fully Comment 127: One commenter stated use of adjusted sightings data would developed, attempts to validate the that there is no part of LMA3 that is influence NMFS’ assessment of the Vertical Line Model through within the 3–12 mile zone so this impact of the vertical line management comparisons with these models would should be corrected in the traps per measures under consideration. With the be premature. NMFS will consider the trawl proposals. exception of gear marking, none of these recommendation to make such Response: This correction has been measures apply to mid-Atlantic waters. comparisons in future model made. Thus, while development of adjusted development, analysis, and rulemaking Comment 128: One commenter sightings scores for the mid-Atlantic efforts. requested that the FEIS include a more would alter the estimates of absolute Comment 133: One commenter stated thorough explanation and discussion on impacts on co-occurrence, it would have that the data used in the model is not the following: impacts to sea turtles, no effect on the relative ranking of sufficient for the intended purpose and

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stated that the use of Right Whale recommendation of the Team. Members Response: NMFS will consider this Consortium data only for all whale of the team have also expressed interest recommendation in future model species was not appropriate. Inclusion in expanding the data the model development, analysis, and rulemaking of data outside this database would considers to include information on the efforts. provide a more balanced and complete presence or distribution of whales from Comment 141: A few commenters picture. other sources, such as acoustic commented that the model should Response: NMFS incorporated the monitoring systems. Also see response include all data on distribution of Right Whale Consortium data into the to Comment 133. whales, that NMFS should ask states for Vertical Line Model at the Comment 137: A few commenters had data on fishing activity and investigate recommendation of the Team. Members concerns regarding the adequacy of the the possibility of modeling activity in of the team have also expressed interest model and commented that NMFS relation to physical parameters and in expanding the data the model should discuss the model’s limitations environmental conditions to address considers to include information on the and how they affect model output. data gaps. The commenters also presence or distribution of whales from Response: The documentation for the suggested investigating alternative other sources, such as acoustic Vertical Line Model, including a models that calculate risk. monitoring systems. NMFS recognizes discussion of the model’s limitations, is Response: As noted above, the whale the potential value of this information, available online at http:// sightings dataset upon which the model but notes that incorporation of data from www.nero.noaa.gov/protected/whaletrp/ relies was incorporated into the model these sources raises issues of eis2013/index.html. The peer review of at the recommendation of the Team. comparability and consistency that it an earlier draft of the model’s Members of the team have also has yet to investigate and resolve. documentation is available at the same expressed interest in expanding the data Addressing these issues and site. See also response to Comment 126. the model considers to include incorporating the data into the model Comment 138: A few commenters information on the presence or would delay action on modification of commented that additional data and distribution of whales from other the Plan, which would be inconsistent approaches should be used to sources, and to include information on with the timeline for action to which strengthen the accuracy of the model. physical parameters (e.g., depth) or NMFS has committed. NMFS believes The commenters stated that the model environmental conditions (e.g., the that the information the model was based on outdated data and had presence of prey species) that may incorporates at this time is sufficient to concerns about averaging fishing effort identify areas that whales are likely to guide development and assessment of across large areas as well as the failure frequent. NMFS recognizes the potential alternative management measures. to include opportunistic, acoustic, and value of this information and will NMFS will consider the telemetry data on whale distribution. consider this recommendation in future recommendation to incorporate Response: As noted above, NMFS will model development, analysis, and additional data in future model consider these recommendations in rulemaking efforts. development, analysis, and rulemaking future model development, analysis, NMFS has collaborated closely with efforts. and rulemaking efforts. state fisheries managers to obtain all Comment 134: One commenter Comment 139: A few commenters available data on fishing activity (and suggested that after a final rule has been commented that the model fails to other parameters) for use in the Vertical adopted, NMFS should revise the provide adequate information regarding Line Model. Similarly, NMFS has current model or develop a new one uncertainty. The commenters suggested shared information with other more suitable to estimate the extent to that NMFS provide a qualitative score researchers who are attempting to model which co-occurrence between whales that ranks the quality of data that was various indicators of entanglement risk, and gear would be reduced, and the input into each analysis cell. and has invited them to share uncertainty of this estimate. Response: NMFS will consider this information on their approaches with Response: NMFS will consider this recommendation in future model the Team. NMFS will continue to work recommendation in future model development, analysis, and rulemaking collaboratively with these groups to development, analysis, and rulemaking efforts. NMFS notes, however, that the ensure that development of the Plan efforts. model’s documentation already takes appropriate advantage of the Comment 135: One commenter includes a detailed description of the information and insights they can requested that a study be completed to fishing effort data upon which the provide. model relies, along with detailed validate the model against results of an Changes From the Proposed Rule alternative co-occurrence model at least discussions of the limitations of the for LMA 1. Based on those results the data. Similarly, the documentation NMFS changed the preferred model should be modified and co- discusses the limitations of the whale alternative from the one identified in occurrence estimates recalculated. sightings data and presents a detailed the proposed rule published on July 16, Response: As noted above, NMFS will analysis showing the effect of adjusting 2013 (78 FR 42654). That alternative consider this recommendation in future for key data gaps and uncertainties. was then modified slightly based on model development, analysis, and NMFS believes that this information public comments received during the rulemaking efforts. provides a more than adequate comment period. The preferred Comment 136: One commenter stated description of the limitations of the alternative is the most cost-effective of that the model is not an accurate model. the alternatives when comparing co- method to detect whales as it only relies Comment 140: A few commenters occurrence reduction to cost of on visual sightings. It’s possible that commented that the model appears compliance. The measures proposed in other important areas exist and alternate sensitive to the presence of whales but the final rule would achieve nearly as technology to detect high risk areas a basic examination of the sensitivity of great a reduction in co-occurrence as needs to be included in the model. the model to all inputs would be what was presented in the proposed Response: The sightings dataset upon helpful. NMFS needs to evaluate rule at approximately 57 to 70 percent which the model relies was uncertainty even if the evaluation is of the estimated cost. The modifications incorporated into the model at the qualitative in nature. are within the range of previously

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analyzed effects and do not constitute a the proposed minimum of three traps ADDRESSES) and by email to OIRA_ substantial change from the DEIS. The per trawl. [email protected], or fax to modifications continue to increase the (4) The final rule allows for ‘pocket (202) 395–7285. likelihood of meeting the requirements waters’ in Maine to fish a minimum of This collection of information and goals of MMPA section 118 to two traps per trawl instead of three. requirement applies to a total of 4,006 reduce serious injury and mortality to NMFS received multiple comments vessels. Model vessel types were below PBR and approaching ZMRG, requesting that these waters be treated developed for gillnet fisheries, lobster taking into account the economics of the the same as state waters and allowed to trap/pot fisheries, and other trap/pot fishery, the availability of existing fish pairs. Allowing those fishing in fisheries. Total burden hours for all technology, and existing fishery these waters to fish under the same vessels is 32,775 hours over three years management plans. The modifications requirements as proposed for the rest of or 10,925 hours per year. Total cost are listed below: Maine’s state waters will help with burden for all vessels is $21,631 over (1) NMFS received numerous enforcement. three years or $7,231 per year. For more 1 comments questioning the rationale of (5) The final rule will create a ⁄4 mile information, please see the PRA proposing closures that would result in buffer in waters surrounding three submission associated with this large economic loss for the industry but inhabited islands in Maine—Monhegan, rulemaking. little reduction in co-occurrence and Matinicus, and Ragged Island. Boats Notwithstanding any other provision 1 thus little conservation gain. NMFS is fishing within this ⁄4 mile buffer will be of the law, no person is required to sensitive to the cost of complying with allowed to continue the current practice respond to, nor shall any person be the final rule and has analyzed these of fishing singles. NMFS received subject to a penalty for failure to comply costs in Chapter 7 of the FEIS. The final comments expressing concern with with, a collection of information subject rule will implement one seasonal trap/ safety issues surrounding an increase of to the requirements of the PRA, unless pot closure (Massachusetts Restricted traps per trawl in these waters. The that collection of information displays a Area) instead of the three originally waters surrounding these islands are currently valid OMB Control Number. As required by the Regulatory proposed under Alternative 5. This generally less than 30 fathoms deep with rocky edges. It would not be Flexibility Act, NMFS prepared a final closure area includes Cape Cod Bay, the feasible for small boats to fish trawls regulatory flexibility analysis (FRFA) for Outer Cape, and portions of greater than singles in this area. this final rule. The FRFA incorporates a Massachusetts Bay. (6) The final rule will not require gear summary of the issues raised by the (2) The final rule will exempt New marking in the exempted waters of public comments in response to the Hampshire State waters from the Maine. NMFS received numerous Initial Regulatory Flexibility Analysis, minimum number of traps per trawl comments from those industry members NMFS responses to those comments requirement implemented in this final who fish in both exempt and non- provided elsewhere in the preamble to rule. Those fishing in New Hampshire exempt waters. Common concerns this final rule, and a summary of the state waters will still have to comply included the feasibility of switching analyses completed to support the final with other existing requirements. This is marks when moving from an exempt rule. A summary of that FRFA follows: a change from the proposed rule, which area to a non-exempt area; cost of The objective of this final rule, issued exempted New Hampshire from all ‘double’ marking lines; and the rationale pursuant to section 118 of the MMPA, requirements. NMFS received numerous for needing to mark line in an area that is to reduce the level of serious injury comments against relaxing current is already exempt. and mortality of right, humpback, and management measures. Classification fin whales in commercial east coast (3) The minimum number of traps per trap/pot and gillnet fisheries. trawl in the final rule changes slightly This final rule has been determined to Six alternatives, consisting of the from what was proposed. In the be not significant for the purposes of status quo, one preferred alternative, proposed rule NMFS acknowledged that Executive Order 12866. This final rule and four additional alternatives were the proposed limits for inshore waters contains collection of information evaluated using model vessels, each of might still result in some difficulty for requirements subject to the Paperwork which represents a group of vessels that smaller vessels, so NMFS requested Reduction Act (PRA), specifically, the share similar operating characteristics comments on whether the final marking of fishing gear. The collection and would face similar requirements regulations should be adjusted so that of information requirement was under a given regulatory alternative. the number of traps per trawl is limited approved by OMB under control Both an upper and lower bound of by specific vessel sizes. In addition, number (0648–0364). Public comment annual compliance costs for lobster and NMFS requested public comment on was sought regarding whether this other trap/pot were analyzed. The final whether the net benefits of the rule proposed collection of information is preferred alternative is a modification to would be affected, either positively or necessary for the proper performance the original preferred alternative. A negatively, by exempting vessels under and function of the agency, including: summary of analysis describing the a particular size class. NMFS received the practical utility of the information; potential range of compliance costs many comments reiterating the safety the accuracy of the burden estimate; the follows: concerns of those who fish close to opportunities to enhance the quality, 1. NMFS considered a ‘‘no action’’ or shore. Several commenters disagreed utility, and clarity of the information to status quo alternative (Alternative 1) with exempting vessels from the be collected; and the ways to minimize that would result in no changes to the minimum number of traps per trawl the burden of the collection of current measures under the Plan and, as requirement. After reviewing all information, including the use of such, would result in no additional comments NMFS decided not to automated collection techniques or economic effects on the fishing institute a small boat exemption. Instead other forms of information technology. industry. the final rule allows for a minimum Send comments regarding this burden 2. Alternative 2, would implement number of two traps per trawl to be estimate, or any other aspect of this data new gear marking restrictions fished in Rhode Island and collection, including suggestions for coastwide, increase traps per trawl, and Massachusetts state waters instead of reducing the burden, to NMFS (see require the use of weaker weak links

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and/or vertical lines of lower breaking this alternative, the average annual comments. This final preferred strength. This alternative would also vessel compliance costs would equal or alternative introduces changes implement a new management area in range from $2.2 to $4.4 million for including: delineating a 1⁄4 mile buffer the Southeast. Under this alternative, lobster trap/pot vessels; $416,000 to around three Maine islands to allow the average annual vessel compliance $836,000 for other trap/pot vessels; and current fishing practices to continue, costs would equal or range from $1.8 to $7,000 for blue crab and $5,000 for allowing pairs to be fished in Rhode $4.5 million for lobster trap/pot vessels; gillnet vessels. Island state waters and the pocket $430,000 to $849,000 for other trap/pot A Notice of Availability for the FEIS waters of Maine, and exempting New vessels; $7,000 for blue crab and $5,000 was issued on May 16, 2014 (79 FR Hampshire state waters from the for gillnet vessels. 28508). The FEIS describes the impacts minimum number of traps per trawl 3. Alternative 3 would implement all of the measures on the environment. On requirements only. These and other of the requirements of Alternative 2, June 20, 2014 NMFS issued a Record of variations decrease the number of except the number of traps per trawl Decision identifying the selected affected vessels and result in reductions required in Maine would differ. Under alternative. A copy of the Record of in compliance costs, while sacrificing this alternative NMFS proposes a Decision is available from NMFS (see little in terms of entanglement risk closure in the Cape Cod Bay from ADDRESSES). reduction. February 1 through April 30. In NMFS selected Alternative 6 as the The small entities affected by this addition, New Hampshire state waters preferred alternative but modified it final rule are commercial gillnet and would be exempt from the Plan’s slightly. The preferred alternative would trap/pot fishermen. The geographic requirements. Under this alternative, the implement all of the requirements of range of the final rule includes the average annual vessel compliance costs Alternative 6 with a few exceptions. Northeast Atlantic, Mid-Atlantic, and would equal or range from $1.6 to $3.6 Two traps per trawl would be required Southeast Atlantic waters. In the lobster million for lobster trap/pot vessels; in both Massachusetts and Rhode Island trap/pot fishery, there are potentially $414,000 to $833,000 for other trap/pot state waters instead of three traps per 3,186 vessels that would be affected. In vessels; $7,000 for blue crab and $5,000 trawl. New Hampshire state waters the other trap/pot fisheries, there are for gillnet vessels. would only be exempt from the potentially 274 vessels that would be 4. Alternative 4 would implement all proposed minimum number of traps per affected. In the blue crab fishery there of the requirements of Alternative 2. In trawl requirement. Maine exempted are potentially 48 vessels that would be addition, NMFS would require three waters would not be required to gear affected. In the gillnet fishery, there are closures: (1) Jordan Basin from mark as previously proposed. The final approximately 498 vessels that would November 1 through January 31; (2) rule allows for those fishing in ‘pocket be affected. All vessels are assumed to Jeffreys Ledge from October 1 through waters’ in Maine to fish a minimum of be small entities within the meaning of January 31; and (3) Cape Cod Bay two traps per trawl instead of three and the Regulatory Flexibility Act. (including a portion of the Outer Cape creates a 1⁄4 mile buffer around three NMFS has determined that this action and abutting the Great South Channel) inhabited islands in Maine that would is consistent to the maximum extent from January 1 through April 30. Under be allowed to continue traditional practicable with the approved coastal this alternative, the average annual fishing practices. Under this alternative, management programs of the U.S. vessel compliance costs would equal or the average annual vessel compliance Atlantic coastal states. This range from $3.1 to $6.5 million for costs would equal or range from $1.5 to determination was submitted for review lobster trap/pot vessels; $430,000 to $3.6 million for lobster trap/pot vessels; by the responsible state agencies under $849,000 for other trap/pot vessels; and $416,000 to $835,000 for other trap/pot section 307 of the Coastal Zone $7,000 for blue crab and $5,000 for vessels; and $7,000 for blue crab and Management Act. The following states gillnet vessels. $5,000 for gillnet vessels. NMFS agreed with NMFS’ determination: 5. Alternative 5 is a combination of solicited public comments on both the Connecticut; Delaware; Florida; New Alternatives 2, 3, and 4. The traps per DEIS (78 FR 41927, July 13, 2013) and Hampshire; New Jersey; North Carolina; trawl for Maine would mimic what is proposed rule (78 FR 42654, July 16, Rhode Island; South Carolina; and required under alternative 3; traps per 2013) through several different means Virginia. Maine, Maryland, trawl in all other areas would mimic including written comments. The public Massachusetts, and New York did not what is required under Alternative 2. also had the opportunity to provide oral respond; therefore, consistency is New Hampshire state waters would be comments at 16 public hearings from inferred. Georgia conditionally exempt under Alternative 5. The Maine to Florida. A summary of all concurred with NMFS’ conclusion that closures proposed under Alternative 4 comments received and NMFS’ the action is consistent with enforceable would remain in place under Reponses is included in Volume II of policies of the approved coastal Alternative 5. Under this alternative, the the FEIS. Numerous issues were raised management program for that state; average annual vessel compliance costs by the public regarding to the expected however, the Georgia conditional would equal or range from $2.9 to $5.5 effects of this final rule. Areas of occurrence was treated as an objection million for lobster trap/pot vessels; concern included: the implementation because NMFS could not meet the state $414,000 to $833,000 for other trap/pot time for the new requirements, the agency’s conditions. vessels; and $7,000 for blue crab and practicality of the proposed gear The Georgia Coastal Management $5,000 for gillnet vessels. marking scheme, safety and feasibility Program (GCMP) was concerned that the 6. Alternative 6 would implement all of the proposed minimum number of proposed gear marking scheme would of the requirements of Alternative 5 traps per trawl, the effects of the create significant economic burden on with a few exceptions. Doubles would proposed seasonal trap/pot closures, the fishery and stated that a method be required in Massachusetts state and the rationale for proposing changes should be developed to allow industry waters instead of three traps per trawl. to the vertical line and weak link to quickly alter markings when moving Also, only one closure would be breaking strength in the proposed gear from state to Federal waters. For implemented. From January 1 through Southeast Restricted Area North. concurrence, GCMP required the April 30 Cape Cod Bay and the Outer NMFS formulated the final preferred Alternative to be modified to include Cape would be closed to fishing. Under alternative based on these public alternative gear marking schemes that

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would allow expeditious changes An informal consultation under the Johnson, A.J., G.S. Salvador, J.F. Kenney, between state and Federal waters and ESA for this final rule to modify the J. Robbins, S.D. Kraus, S.C. Landry, and this scheme should be phased in over a Plan was concluded on August 16, 2013. P.J. Clapham, Fishing gear involved in three year period in the Southeast. This As a result of the informal consultation, entanglements of right and humpback final rule does not include a phase in of the Regional Administrator determined whales, Marine Mammal Science 21(4):635–645, 2005. gear marking nor does it change the gear that the measures to modify the Plan do Knowlton, A., S. Landry, J. Robbins, and T. marking scheme from what was not meet the triggers for reinitiation of Werner. 2011. Breaking strength and proposed. Thus, NMFS did not meet all consultation. NMFS completed an ESA diameter of rope taken off entangled the state agency’s conditions. NMFS Section 7 consultation on the North Atlantic right whales in relation to believes the final rule will implement implementation of the Plan on July 15, wound severity and age. Pages 161 in modifications to the Plan deemed 1997, and concluded that the action was 19th Biennial Conference on the Biology necessary by NMFS to meet the goals of not likely to adversely affect any ESA- of Marine Mammals, Tampa, Florida. the ESA and MMPA. Therefore, listed species under NMFS jurisdiction. McCarron, P. and H. Tetreault, Lobster Pot pursuant to 15 CFR 930.4, the Two subsequent consultations were Gear Configurations in the Gulf of Maine, requirements of paragraphs (a) (1) completed in 2004 and 2008, when 2012. Morano, J.L., A.N. Rice, J.T. Tielens, B.J. through (3) were not met and the GCMP NMFS changed some of the measures in the Plan. NMFS, as both the action Estabrook, A. Murray, B.L. Roberts and no longer concurs with the C.W. Clark. 2012. Acoustically Detected determination that the proposed agency and the consulting agency, Year-Round Presence of Right Whales in measures are consistent to the reviewed the changes and determined an Urbanized Migration Corridor. maximum extent practicable with the that the measures as revised through Conservation Biology 28:698–707. GCMP. rulemaking would not affect ESA-listed Mussoline, SE., D. Risch, C.W. Clark, L.T. species under NMFS jurisdiction in a Hatch, M.T. Weinrich, D.N. Wiley, M.A. This final rule contains policies with manner that had not been previously Thompson, P.J. Corkeron and S.M. Van federalism implications as that term is considered. Parijs. 2012. Seasonal and diel variation defined in Executive Order 13132. of the North Atlantic right whale up-call: Accordingly, the Assistant Secretary for References implications for management and Legislative and Intergovernmental Appledorn, R.S., M. Nemeth, J. Vasslides, conservation in the Northwestern Affairs provided notice of the proposed and S.M. 2000. The effects of fish traps Atlantic Ocean. Endangered Species action to the appropriate official(s) of on benthic habitats off La Parguera, Research 17:17–26. affected state, local, and/or tribal Puerto Rico. Caribbean Fishery National Marine Fisheries Service. 2005. governments. No concerns were raised Management Council, Hato Rey, Puerto Recovery Plan for the North Atlantic Rico. Right Whale (Eubalaena glacialis). by the states contacted; hence, NMFS National Marine Fisheries Service, Silver will infer that these states concur with Barnette, M.C. 2001. A review of the fishing gear utilized within the Southeast Region Spring, MD. the finding that the regulations for and their potential impacts on essential Schreiber, Laurie, ‘‘Lobster Catch-to-Trap amending the Plan were consistent with fish habitat. NOAA Technical Ratio Studied,’’ Fisherman’s Voice, Vol. fundamental federalism principles and Memorandum NMFS–SEF SC–449, 15, No. 4, April 2010. federalism policymaking criteria. 62pp. BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C Authority: 16 U.S.C. 1361 et seq.; gear comply with all applicable § 229.32(f) also issued under 16 U.S.C. 1531 List of Subjects in 50 CFR Part 229 provisions of § 229.32. et seq. (i) It is prohibited to fish for, catch, Administrative practice and ■ 2. In § 229.2, the definition of take, harvest or possess fish or wildlife procedure, Confidential business ‘‘Groundline’’ is revised to read as while on board a vessel subject to the information, Fisheries, Marine follows: Atlantic Large Whale Take Reduction mammals, Reporting and recordkeeping Plan, except if that vessel and all fishing requirements. § 229.2 Definitions. gear is in compliance with all applicable * * * * * provisions of § 229.32. Dated: June 20, 2014. Groundline, with reference to trap/pot (j) Any person or vessel claiming the Eileen Sobeck, gear, means a line connecting traps in a benefit of any exemption or exception Assistant Administrator for Fisheries, trap trawl, and, with reference to gillnet under § 229.32 has the burden of National Marine Fisheries Service. gear, means a line connecting a gillnet proving that the exemption or or gillnet bridle to an anchor. For the reasons set out in the exception, is applicable. preamble, 50 CFR part 229 is amended * * * * * (k) [Reserved] to read as follows: ■ 3. In § 229.3, revise paragraphs (h) (l) [Reserved] through (j) and remove and reserve * * * * * PART 229—AUTHORIZATION FOR paragraphs (k) and (l) to read as follows: ■ 4. Section 229.32 is revised to read as COMMERCIAL FISHERIES UNDER THE follows: § 229.3 Prohibitions. MARINE MAMMAL PROTECTION ACT § 229.32 Atlantic large whale take OF 1972 * * * * * (h) It is prohibited to own, operate, or reduction plan regulations. be on board a vessel subject to the (a)(1) Purpose and scope. The purpose ■ 1. The authority citation for 50 CFR Atlantic Large Whale Take Reduction of this section is to implement the part 229 continues to read as follows: Plan except if that vessel and all fishing Atlantic Large Whale Take Reduction

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Plan to reduce incidental mortality and Preventing Collisions at Sea, 1972), as New Hampshire serious injury of fin, humpback, and depicted or noted on nautical charts New Hampshire state waters are right whales in specific Category I and published by the National Oceanic and exempt from the minimum number of Category II commercial fisheries from Atmospheric Administration (Coast traps per trawl requirement in Maine through Florida. Specific Charts 1:80,000 scale), and as described paragraph (c)(2)(iii) of this section. Category I and II commercial fisheries in 33 CFR part 80 with the exception of Harbor waters landward of the following within the scope of the Plan are the COLREGS lines for Casco Bay lines are exempt from all the regulations identified and updated in the annual (Maine), Portsmouth Harbor (New in this section. List of Fisheries. The measures Hampshire), Gardiners Bay and Long ° ′ ° ′ identified in the Atlantic Large Whale Island Sound (New York), and the state A line from 42 53.691 N. lat., 70 48.516 W. long. to 42°53.516′ N. lat., 70°48.748′ W. Take Reduction Plan are also intended of Massachusetts. long. (Hampton Harbor) to benefit minke whales, which are not (iii) Other exempted waters. The A line from 42°59.986′ N. lat., 70°44.654′ W. designated as a strategic stock, but are regulations in this section do not apply long. to 42°59.956′ N., 70°44.737′ W. known to be taken incidentally in to waters landward of the following long. (Rye Harbor) gillnet and trap/pot fisheries. The gear lines: types affected by this plan include Rhode Island Maine gillnets (e.g., anchored, drift, and shark) A line from 41°22.441′ N. lat., 71°30.781′ W. and traps/pots. The Assistant A line connecting the following long. to 41°22.447′ N. lat., 71°30.893′ W. long. (Pt. Judith Pond Inlet) Administrator may revise the points (Quoddy Narrows/US-Canada ° ′ ° ′ requirements set forth in this section in border to Odiornes Pt., Portsmouth, A line from 41 21.310 N. lat., 71 38.300 W. long. to 41°21.300′ N. lat., 71°38.330′ W. accordance with paragraph (i) of this New Hampshire): long. (Ninigret Pond Inlet) section. 44°49.67′ N. lat., 66°57.77′ W. long. (R N ‘‘2’’, A line from 41°19.875′ N. lat., 71°43.061′ W. (2) Regulated waters. (i) The Quoddy Narrows) long. to 41°19.879′ N. lat., 71°43.115′ W. regulations in this section apply to all 44°48.64′ N. lat., 66°56.43′ W. long. (G ‘‘1’’ long. (Quonochontaug Pond Inlet) U.S. waters in the Atlantic except for Whistle, West Quoddy Head) A line from 41°19.660′ N. lat., 71°45.750′ W. the areas exempted in paragraph (a)(3) 44°47.36′ N. lat., 66°59.25′ W. long. (R N ‘‘2’’, long. to 41°19.660′ N. lat., 71°45.780′ W. of this section. Morton Ledge) long. (Weekapaug Pond Inlet) 44°45.51′ N. lat., 67°02.87′ W. long. (R ‘‘28M’’ (ii) The six-mile line referred to in New York paragraph (c)(2)(iii) of this section is a Whistle, Baileys Mistake) ° ′ ° ′ line connecting the following points 44 37.70 N. lat., 67 09.75 W. long. A line that follows the territorial sea baseline (Machias Seal to Isle of Shoals): (Obstruction, Southeast of Cutler) through Block Island Sound (Watch Hill 44°27.77′ N. lat., 67°32.86′ W. long. (Freeman Point, RI, to Montauk Point, NY) 44°31.98′ N. lat., 67°9.72′ W. long (Machias Rock, East of Great Wass Island) Seal) 44°25.74′ N. lat., 67°38.39′ W. long. (R ‘‘2SR’’ South Carolina 44°3.42′ N. lat., 68°10.26′ W. long (Mount Bell, Seahorse Rock, West of Great Wass A line from 32°34.717′ N. lat., 80°08.565′ W. Desert Island) Island) long. to 32°34.686′ N. lat., 80°08.642′ W. 43°40.98′ N. lat., 68°48.84′ W. long ° ′ ° ′ 44 21.66 N. lat., 67 51.78 W. long. (R N ‘‘2’’, long. (Captain Sams Inlet) (Matinicus) Petit Manan Island) 43°39.24′ N. lat., 69°18.54′ W. long 44°19.08′ N. lat., 68°02.05′ W. long. (R ‘‘2S’’ (4) Sinking groundline exemption. (Monhegan) Bell, Schoodic Island) The fisheries regulated under this 43°29.4′ N. lat., 70°5.88′ W. long (Casco Bay) 44°13.55′ N. lat., 68°10.71′ W. long. (R ‘‘8BI’’ section are exempt from the requirement ° ′ ° ′ 42 55.38 N. lat., 70 28.68 W. long (Isle of Whistle, Baker Island) to have groundlines composed of Shoals) 44°08.36′ N. lat., 68°14.75′ W. long. sinking line if their groundline is at a (iii) The pocket waters referred to in (Southern Point, Great Duck Island) ° ′ ° ′ depth equal to or greater than 280 paragraph (c)(2)(iii) of this section are 43 59.36 N. lat., 68 37.95 W. long. (R ‘‘2’’ fathoms (1,680 ft or 512.1 m). defined as follows: Bell, Roaring Bull Ledge, Isle Au Haut) (5) Net panel weak link and anchoring 43°59.83′ N. lat., 68°50.06′ W. long. (R ‘‘2A’’ West of Monhegan Island in the area north Bell, Old Horse Ledge) exemption. The anchored gillnet of the line 43°42.17′ N. lat., 69°34.27′ W. 43°56.72′ N. lat., 69°04.89′ W. long. (G ‘‘5TB’’ fisheries regulated under this section are long and 43°42.25′ N. lat., 69°19.3′ W. Bell, Two Bush Channel) exempt from the requirement to install long 43°50.28′ N. lat., 69°18.86′ W. long. (R ‘‘2 weak links in the net panel and anchor East of Monhegan Island in the area located OM’’ Whistle, Old Man Ledge) each end of the net string if the float-line north of the line 43°44′ N. lat., 69°15.08′ 43°48.96′ N. lat., 69°31.15′ W. long. (GR C ° ′ ° ′ is at a depth equal to or greater than 280 W. long and 43 48.17 N. lat., 69 8.02 W. ‘‘PL’’, Pemaquid Ledge) fathoms (1,680 ft or 512.1 m). ° ′ ° ′ long 43 43.64 N. lat., 69 37.58 W. long. (R ‘‘2BR’’ (6) Island buffer. Those fishing in South of Vinalhaven Island in the area Bell, Bantam Rock) waters within 1⁄4 mile of Monhegan located west of the line 43°52.31′ N. lat., 43°41.44′ N. lat., 69°45.27′ W. long. (R 68°40′ W. long and 43°58.12′ N. lat., ‘‘20ML’’ Bell, Mile Ledge) Island, Maine; Matinicus, Maine; and ° ′ 68 32.95 W. long 43°36.04′ N. lat., 70°03.98′ W. long. (RG N Ragged Island, Maine are exempt from South of Bois Bubert Island in the area ‘‘BS’’, Bulwark Shoal) the minimum number of traps per trawl ° ′ located northwest of the line 44 19.27 43°31.94′ N. lat., 70°08.68′ W. long. (G ‘‘1’’, requirement in paragraph (c)(2)(iii) of ° ′ ° ′ N. lat., 67 49.5 W. long and 44 23.67 N. East Hue and Cry) this section. ° ′ lat., 67 40.5 W. long 43°27.63′ N. lat., 70°17.48′ W. long. (RW (b) Gear marking requirements—(1) (3) Exempted waters. (i) The ‘‘WI’’ Whistle, Wood Island) Specified areas. The following areas are ° ′ ° ′ regulations in this section do not apply 43 20.23 N. lat., 70 23.64 W. long. (RW specified for gear marking purposes: ‘‘CP’’ Whistle, CapePorpoise) to waters landward of the first bridge ° ′ ° ′ Northern Inshore State Trap/Pot Waters, 43 04.06 N. lat., 70 36.70 W. long. (R N Cape Cod Bay Restricted Area, over any embayment, harbor, or inlet in ‘‘2MR’’, Murray Rock) Massachusetts. 43°02.93′ N. lat., 70°41.47′ W. long. (R ‘‘2KR’’ Massachusetts Restricted Area, (ii) The regulations in this section do Whistle, Kittery Point) Stellwagen Bank/Jeffreys Ledge not apply to waters landward of the 72 43°02.55′ N. lat., 70°43.33′ W. long. Restricted Area, Northern Nearshore COLREGS demarcation lines (Odiornes Pt., Portsmouth, New Trap/Pot Waters Area, Great South (International Regulations for Hampshire) Channel Restricted Trap/Pot Area, Great

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South Channel Restricted Gillnet Area, affixing the color code, the line may be both the floatline and the leadline at Great South Channel Sliver Restricted dyed, painted, or marked with thin least once every 100 yards (91.4 m). Area, Southern Nearshore Trap/Pot colored whipping line, thin colored (iii) Surface buoy markings. Trap/pot Waters Area, Offshore Trap/Pot Waters plastic, or heat-shrink tubing, or other and gillnet gear regulated under this Area, Other Northeast Gillnet Waters material; or a thin line may be woven section must mark all surface buoys to Area, Mid/South Atlantic Gillnet Waters into or through the line; or the line may identify the vessel or fishery with one Area, Other Southeast Gillnet Waters be marked as approved in writing by the of the following: The owner’s motorboat Area, Southeast U.S. Restricted Areas, Assistant Administrator. A brochure registration number, the owner’s U.S. and Southeast U.S. Monitoring Area. illustrating the techniques for marking vessel documentation number, the (2) Markings. All specified gear in gear is available from the Regional federal commercial fishing permit specified areas must be marked with the Administrator, NMFS, Greater Atlantic number, or whatever positive color code shown in paragraph (b)(3) of Region upon request. this section. The color of the color code (i) Buoy line markings. All buoy lines identification marking is required by the must be permanently marked on or of shark gillnet gear in the Southeast vessel’s home-port state. When marking along the line or lines specified below U.S. Restricted Area S, Southeast U.S. of surface buoys is not already required under paragraphs (b)(2)(i) and (ii) of this Monitoring Area and Other Southeast by state or federal regulations, the letters section. Each color mark of the color Gillnet Waters, greater than 4 feet (1.22 and numbers used to mark the gear to codes must be clearly visible when the m) long must be marked within 2 feet identify the vessel or fishery must be at gear is hauled or removed from the (0.6 m) of the top of the buoy line least 1 inch (2.5 cm) in height in block water. The rope must be marked at least (closest to the surface), midway along letters or arabic numbers in a color that three times (top, middle, bottom) and the length of the buoy line, and within contrasts with the background color of each mark must total 12-inch (30.5 cm) 2 feet (0.6 m) of the bottom of the buoy the buoy. A brochure illustrating the in length. If the mark consists of two line. techniques for marking gear is available colors then each color mark may be 6- (ii) Net panel markings. Shark gillnet from the Regional Administrator, inch (15.25 cm) for a total mark of 12- gear net panels in the Southeast U.S. NMFS, Greater Atlantic Region upon inch (30.5 cm). If the color of the rope Restricted Area S, Southeast U.S. request. is the same as or similar to a color code, Monitoring Area and Other Southeast (3) Color code. Gear must be marked then a white mark may be substituted Gillnet Waters is required to be marked. with the appropriate colors to designate for that color code. In marking or The net panel must be marked along gear types and areas as follows:

COLOR CODE SCHEME

Plan management area Color

Trap/Pot Gear

Massachusetts Restricted Area ...... Red. Northern Nearshore ...... Red. Northern Inshore State ...... Red. Stellwagen Bank/Jeffreys Ledge Restricted Area ...... Red. Great South Channel Restricted Area overlapping with LMA 2 and/or Outer Cape ...... Red. Southern Nearshore ...... Orange. Southeast Restricted Area North (State Waters) ...... Blue and Orange. Southeast Restricted Area North (Federal Waters) ...... Green and Orange. Offshore ...... Black. Great South Channel Restricted Area overlapping with LMA 2/3 and/or LMA 3 ...... Black.

Gillnet excluding shark gillnet

Cape Cod Bay Restricted Area ...... Green. Stellwagen Bank/Jeffreys Ledge Restricted Area ...... Green. Great South Channel Restricted Area ...... Green. Great South Channel Restricted Sliver Area ...... Green. Other Northeast Gillnet Waters ...... Green. Mid/South Atlantic Gillnet Waters ...... Blue. Southeast US Restricted Area South ...... Yellow. Other Southeast Gillnet Waters ...... Yellow.

Shark Gillnet (with webbing of 5″ or greater)

Southeast US Restricted Area South ...... Green and Blue. Southeast Monitoring Area ...... Green and Blue. Other Southeast Waters ...... Green and Blue.

(c) Restrictions applicable to trap/pot through (10) of this section, all trap/pot Area, must comply with the universal gear in regulated waters—(1) Universal gear in regulated waters, including the gear requirements listed below.1 trap/pot gear requirements. In addition Northern Inshore State Trap/Pot Waters to the gear marking requirements listed 1 Fishermen are also encouraged to maintain their in paragraph (b) and the area-specific buoy lines to be as knot-free as possible. Splices are measures listed in paragraphs (c)(2) considered to be less of an entanglement threat and are thus preferable to knots.

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(i) No buoy line floating at the the requirements outlined below and in this section for a specified management surface. No person or vessel may fish the table in paragraph (c)(2)(iii). area. with trap/pot gear that has any portion (i) Single traps and multiple-trap (B) The weak link must be chosen of the buoy line floating at the surface trawls. All traps must be set according from the following list approved by at any time when the buoy line is to the configuration outlined in the table NMFS: Swivels, plastic weak links, rope directly connected to the gear at the in paragraph (c)(2)(iii). of appropriate breaking strength, hog ocean bottom. If more than one buoy is rings, rope stapled to a buoy stick, or attached to a single buoy line or if a (ii) Buoy line weak links. All buoys, other materials or devices approved in high flyer and a buoy are used together flotation devices and/or weights (except writing by the Assistant Administrator. on a single buoy line, floating line may traps/pots, anchors, and leadline woven A brochure illustrating the techniques be used between these objects. into the buoy line), such as surface for making weak links is available from (ii) No wet storage of gear. Trap/pot buoys, high flyers, sub-surface buoys, the Regional Administrator, NMFS, gear must be hauled out of the water at toggles, window weights, etc., must be Greater Atlantic Region upon request. least once every 30 days. attached to the buoy line with a weak (C) Weak links must break cleanly (iii) Groundlines. All groundlines link placed as close to each individual leaving behind the bitter end of the line. must be composed entirely of sinking buoy, flotation device and/or weight as The bitter end of the line must be free line. The attachment of buoys, toggles, operationally feasible and that meets the of any knots when the weak link breaks. or other floatation devices to following specifications: Splices are not considered to be knots groundlines is prohibited. (A) The breaking strength of the weak for the purposes of this provision. (2) Area specific gear requirements. links must not exceed the breaking (iii) Table of Area Specific Gear Trap/pot gear must be set according to strength listed in paragraph (c)(2)(iii) of Requirements.

Location Mgmt area Minimum # traps/trawl Weak link strength

ME State and Pocket Northern Inshore State ...... 2 (1 endline) ...... ≤600 lbs. Waters 2. ME Zones A–G (3–6 Northern Nearshore ...... 3 (1 endline) ...... ≤600 lbs. miles) 2. ME Zones A–C (6–12 Northern Nearshore ...... 5 (1 endline) ...... ≤600 lbs. miles) 2. ME Zones D–G (6–12 Northern Nearshore ...... 10 ...... ≤600 lbs. miles) 2. ME Zones A–E (12+ Northern Nearshore and Offshore ...... 15 ...... ≤600 lbs (≤1,500 lbs in offshore, 2,000 lbs if miles). red crab trap/pot) ME Zones F–G (12+ Northern Nearshore and Offshore ...... 15 (Mar 1–Oct 31) ...... ≤600 lbs (≤1,500 lbs in offshore, 2,000 lbs if miles). 20 (Nov 1–Feb 28/29) red crab trap/pot). MA State Waters ...... Northern Inshore State and Massachusetts 2 (1 endline) ...... ≤600 lbs. Restricted Area. NH State Waters ...... Northern Inshore State ...... No minimum trap/trawl ≤600 lbs. LMA 1 (3–12 miles) ..... Northern Nearshore and Massachusetts Re- 10 ...... ≤600 lbs. stricted Area and Stellwagen Bank/Jeffreys Ledge Restricted Area. LMA 1 (12+ miles) ...... Northern Nearshore ...... 20 ...... ≤600 lbs. LMA1/OC Overlap (0–3 Northern Inshore State and Massachusetts 2 (1 endline) ...... ≤600 lbs. miles). Restricted Area. OC (0–3 miles) ...... Northern Inshore State and Massachusetts 2 (1 endline) ...... ≤600 lbs. Restricted Area. OC (3–12 miles) ...... Northern Nearshore and Massachusetts Re- 10 ...... ≤600 lbs. stricted Area. OC (12+ miles) ...... Northern Nearshore and Great South Chan- 20 ...... ≤600 lbs. nel Restricted Area. Rhode Island State Northern Inshore State ...... 2 (1 endline) ...... ≤600 lbs. Waters. LMA 2 (3–12 miles) ..... Northern Nearshore ...... 10 ...... ≤600 lbs. LMA 2 (12 + miles) ...... Northern Nearshore and Great South Chan- 15 ...... ≤600 lbs. nel Restricted Area. LMA 2/3 Overlap (12+ Offshore and Great South Channel Restricted 20 ...... ≤1,500 lbs (2,000 lbs if red crab trap/pot). miles). Area. LMA 3 (12+ miles)...... Offshore waters North of 40° and Great 20 ...... ≤1,500 lbs (2,000 lbs if red crab trap/pot). South Channel Restricted Area. LMA 4,5,6 ...... Southern Nearshore ...... ≤600 lbs. FL State Waters ...... Southeast US Restricted Area North 3 ...... 1 ...... ≤200 lbs. GA State Waters ...... Southeast US Restricted Area North 3 ...... 1 ...... ≤600 lbs. SC State Waters ...... Southeast US Restricted Area North 3 ...... 1 ...... ≤600 lbs. Federal Waters off FL, Southeast US Restricted Area North 3 ...... 1 ...... ≤600 lbs. GA, SC.

2 The pocket waters and 6-mile line as defined in 3 See § 229.32 (f)(1) for description of area. paragraphs (a)(2)(ii) and (a)(2)(iii) of this section.

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(3) Massachusetts Restricted Area—(i) this section, that lie south of 43°15′ N. specified in paragraph (c)(1) of this Area. The Massachusetts restricted area lat. and west of 70°00′ W. long. section, and area-specific requirements is bounded by the following point (ii) Year round area-specific gear or in (c)(2) or unless the gear is stowed as surrounding the shoreline of Cape Cod, vessel requirements. No person or vessel specified in § 229.2. Massachusetts. may fish with or possess trap/pot gear (iv) Seasonal area-specific gear or in the Stellwagen Bank/Jeffreys Ledge vessel requirements. From November 15 Point N. lat. W. long. Restricted Area unless that gear to April 15, no person or vessel may fish complies with the gear marking with or possess trap/pot gear in the MRA1 ...... 42°12′ 70°30′ requirements specified in paragraph (b) Offshore Trap/Pot Waters Area that MRA2 ...... 42°30′ 70°30′ ° ′ ° ′ ° ′ of this section, the universal trap/pot overlaps an area from 32 00 N. lat. MRA3 ...... 42 30 69 45 south to 29°00′ N. lat. and east to the MRA4 ...... 41°40′ 69°45′ gear requirements specified in paragraph (c)(1) of this section, and the eastern edge of the EEZ, unless that gear (ii) Closure. From January 1 to April area-specific requirements listed in complies with the gear marking 30, it is prohibited to fish with, set, or paragraph (c)(2) of this section, or requirements specified in paragraph (b) possess trap/pot gear in this area unless unless the gear is stowed as specified in of this section, the universal trap/pot stowed in accordance with § 229.2. § 229.2. gear requirements specified in 4 (iii) Area-specific gear or vessel (6) Offshore Trap/Pot Waters Area— paragraph (c)(1) of this section, the area- requirements. From May 1 through (i) Area. The Offshore Trap/Pot Waters specific requirements in paragraph (c)(2) December 31, no person or vessel may Area includes all Federal waters of the of this section or unless the gear is fish with or possess trap/pot gear in the EEZ Offshore Management Area 3, stowed as specified in § 229.2. (v) Seasonal area-specific gear or Massachusetts Restricted Area unless including the area known as the Area 2/ vessel requirements. From December 1 that gear complies with the gear 3 Overlap and Area 3/5 Overlap as to March 31, no person or vessel may marking requirements specified in defined in the American Lobster Fishery fish with or possess trap/pot gear in the paragraph (b) of this section, the regulations at § 697.18 of this title, with Offshore Trap/Pot Waters Area that universal trap/pot gear requirements the exception of the Great South overlaps an area from 29°00′ N. lat. specified in paragraph (c)(1) of this Channel Restricted Trap/Pot Area and south to 27°51′ N. lat. and east to the section, and the area-specific Southeast Restricted Area, and eastern edge of the EEZ, unless that gear requirements listed in paragraph (c)(2) extending south along the 100-fathom complies with the gear marking of this section, or unless the gear is (600-ft or 182.9-m) depth contour from 35°14′ N. lat. south to 27°51′ N. lat., and requirements specified in paragraph (b) stowed as specified in § 229.2. of this section, the universal trap/pot (4) Great South Channel Restricted east to the eastern edge of the EEZ. gear requirements specified in Trap/Pot Area—(i) Area. The Great (ii) Year-round area-specific gear or paragraph (c)(1) of this section, the area- South Channel Restricted Trap/Pot Area vessel requirements. No person or vessel specific requirements in paragraph (c)(2) consists of the area bounded by the may fish with or possess trap/pot gear in this section, or unless the gear is following points. in the Offshore Trap/Pot Waters Area that overlaps an area from the U.S./ stowed as specified in § 229.2. (vi) [Reserved] Point N. Lat. W. Long. Canada border south to a straight line from 41°18.2′ N. lat., 71°51.5′ W. long. (7) Northern Inshore State Trap/Pot GSC1 ...... 41°40′ 69°45′ (Watch Hill Point, RI) south to 40°00′ N. Waters Area—(i) Area. The Northern GSC2 ...... 41°0′ 69°05′ lat., and then east to the eastern edge of Inshore State Trap/Pot Waters Area GSC3 ...... 41°38′ 68°13′ the EEZ, unless that gear complies with includes the state waters of Rhode ° ′ ° ′ GSC4 ...... 42 10 68 31 the gear marking requirements specified Island, Massachusetts, and Maine, with in paragraph (b) of this section, the the exception of Massachusetts (ii) Closure. From April 1 through universal trap/pot gear requirements Restricted Area and those waters June 30, it is prohibited to fish with, set, specified in paragraph (c)(1) of this exempted under paragraph (a)(3) of this or possess trap/pot gear in this area ° ′ section, and the area-specific section. Federal waters west of 70 00 N. unless stowed in accordance with requirements listed in (c)(2) of this lat. in Nantucket Sound are also § 229.2. section, or unless the gear is stowed as included in the Northern Inshore State (iii) Area-specific gear or vessel specified in § 229.2. Trap/Pot Waters Area. requirements. From July 1 through (iii) Seasonal area-specific gear or (ii) Year-round area-specific gear or March 31, no person or vessel may fish vessel requirements. From September 1 vessel requirements. No person or vessel with or possess trap/pot gear in the to May 31, no person or vessel may fish may fish with or possess trap/pot gear Great South Channel Restricted Trap/ with or possess trap/pot gear in the in the Northern Inshore State Trap/Pot Pot Area unless that gear complies with Offshore Trap/Pot Waters Area that Waters Area unless that gear complies the gear marking requirements specified overlaps an area bounded on the north with the gear marking requirements in paragraph (b) of this section, the by a straight line from 41°18.2′ N. lat., specified in paragraph (b) of this universal trap/pot gear requirements 71°51.5′ W. long. (Watch Hill Point, RI) section, the universal trap/pot gear specified in paragraph (c)(1) of this south to 40°00′ N. lat. and then east to requirements specified in paragraph section, and the area-specific the eastern edge of the EEZ, and (c)(1) of this section, the area-specific requirements listed in (c)(2) of this bounded on the south by a line at 32°00′ requirements in (c)(2) of this section or section, or unless the gear is stowed as N. lat., and east to the eastern edge of unless the gear is stowed as specified in specified in § 229.2. the EEZ, unless that gear complies with § 229.2. (5) Stellwagen Bank/Jeffreys Ledge the gear marking requirements specified (8) Northern Nearshore Trap/Pot Restricted Area—(i) Area. The in paragraph (b) of this section, the Waters Area—(i) Area. The Northern Stellwagen Bank/Jeffreys Ledge universal trap/pot gear requirements Nearshore Trap/Pot Waters Area Restricted Area includes all Federal includes all Federal waters of EEZ waters of the Gulf of Maine, except 4 Fishermen using red crab trap/pot gear should Nearshore Management Area 1, Area 2, those designated as the Massachusetts refer to § 229.32(c)(10) for the restrictions and the Outer Cape Lobster Restricted Area in paragraph (c)(3) of applicable to red crab trap/pot fishery. Management Area (as defined in the

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American Lobster Fishery regulations at the north by a straight line from 41°18.2′ in paragraph (c)(2) of this section or 50 CFR 697.18 of this title), with the N. lat., 71°51.5′ W. long. (Watch Hill unless the gear is stowed as specified in exception of the Great South Channel Point, RI) south to 40°00′ N. lat. and § 229.2. Restricted Trap/Pot Area, Massachusetts then east to the eastern edge of the EEZ, (iii) Seasonal area-specific gear or and bounded on the south by 32°00′ N. Restricted Area, Stellwagen Bank/ vessel requirements. From September 1 Jeffreys Ledge Restricted Area, and lat., and east to the eastern edge of the to May 31, no person or vessel may fish Federal waters west of 70°00′ N. lat. in EEZ, unless that gear complies with the with or possess red crab trap/pot gear in Nantucket Sound (included in the gear marking requirements specified in the area identified in paragraph Northern Inshore State Trap/Pot Waters paragraph (b) of this section, the Area) and those waters exempted under universal trap/pot gear requirements in (c)(10)(i) of this section that overlaps an paragraph (c)(1) of this section, the area- area bounded on the north by a straight paragraph (a)(3) of this section. ° ′ ° ′ (ii) Year-round area-specific gear or specific requirements in paragraph (c)(2) line from 41 18.2 N. lat., 71 51.5 W. vessel requirements. No person or vessel of this section or unless the gear is long. (Watch Hill Point, RI) south to ° ′ may fish with or possess trap/pot gear stowed as specified in § 229.2. 40 00 N. lat. and then east to the in the Northern Nearshore Trap/Pot (iv) Seasonal area-specific gear or eastern edge of the EEZ, and bounded Waters Area unless that gear complies vessel requirements. From November 15 on the south by a line at 32°00′ N. lat., with the gear marking requirements to April 15, no person or vessel may fish and east to the eastern edge of the EEZ, specified in paragraph (b) of this with or possess trap/pot gear in the unless that gear complies with the gear section, the universal trap/pot gear Southern Nearshore Trap/Pot Waters marking requirements specified in requirements specified in paragraph Area that overlaps an area from 32°00′ paragraph (b) of this section, the (c)(1) of this section, the area-specific N. lat. south to 29°00′ N. lat. and east universal trap/pot gear requirements requirements in paragraph (c)(2) of this to the eastern edge of the EEZ, unless specified in paragraph (c)(1) of this section, or unless the gear is stowed as that gear complies with the gear section, the area-specific requirements specified in § 229.2. marking requirements specified in in (c)(2) of this section or unless the gear (9) Southern Nearshore 5 Trap/Pot paragraph (b) of this section, the is stowed as specified in § 229.2. Waters Area—(i) Area. The Southern universal trap/pot gear requirements (iv) Seasonal area-specific gear or Nearshore Trap/Pot Waters Area specified in paragraph (c)(1) of this vessel requirements. From November 15 includes all state and Federal waters section, the area-specific requirements to April 15, no person or vessel may fish which fall within EEZ Nearshore in paragraph (c)(2) of this section or with or possess red crab trap/pot gear in Management Area 4, EEZ Nearshore unless the gear is stowed as specified in Management Area 5, and EEZ Nearshore § 229.2. the area identified in paragraph (v) Seasonal area-specific gear or (c)(11)(i) of this section that overlaps an Management Area 6 (as defined in the ° ′ ° ′ American Lobster Fishery regulations in vessel requirements. From December 1 area from 32 00 N. lat. south to 29 00 50 CFR 697.18, and excluding the Area to March 31, no person or vessel may N. lat. and east to the eastern edge of the 3/5 Overlap), and inside the 100-fathom fish with or possess trap/pot gear in the EEZ, unless that gear complies with the (600-ft or 182.9-m) depth contour line Southern Nearshore Trap/Pot Waters gear marking requirements specified in ° ′ ° ′ Area that overlaps an area from 29°00′ paragraph (b) of this section, the from 35 30 N. lat. south to 27 51 N. lat. ° ′ and extending inshore to the shoreline N. lat. south to 27 51 N. lat. and east universal trap/pot gear requirements or exemption line, with the exception of to the eastern edge of the EEZ, unless specified in paragraph (c)(1) of this those waters exempted under paragraph that gear complies with the gear section, the area-specific requirements (a)(3) of this section and those waters in marking requirements specified in in paragraph (c)(2) of this section or the Southeast Restricted Area defined in paragraph (b) of this section, the unless the gear is stowed as specified in paragraph (f)(1) of this section. universal trap/pot gear requirements § 229.2. specified in paragraph (c)(1) of this (ii) Year-round area-specific gear or (v) Seasonal area-specific gear or section, the area-specific requirements vessel requirements. No person or vessel vessel requirements. From December 1 in (c)(2) of this section or unless the gear may fish with or possess trap/pot gear to March 31, no person or vessel may is stowed as specified in § 229.2. in the Southern Nearshore Trap/Pot fish with or possess red crab trap/pot Waters Area that is east of a straight line (vi) [Reserved] (10) Restrictions applicable to the red gear in the area identified in paragraph from 41°18.2′ N. lat., 71°51.5′ W. long. crab trap/pot fishery—(i) Area. The red (c)(11)(i) of this section that overlaps an (Watch Hill Point, RI) south to 40°00′ N. ° ′ ° ′ crab trap/pot fishery is regulated in the area from 29 00 N. lat. south to 27 51 lat., unless that gear complies with the waters identified in paragraphs (c)(6)(i) N. lat. and east to the eastern edge of the gear marking requirements specified in and (c)(9)(i) of this section. EEZ, unless that gear complies with the paragraph (b) of this section, the (ii) Year-round area-specific gear or gear marking requirements specified in universal trap/pot gear requirements vessel requirements. No person or vessel paragraph (b) of this section, the specified in paragraph (c)(1) of this may fish with or possess red crab trap/ universal trap/pot gear requirements section, the area-specific requirements pot gear in the area identified in specified in paragraph (c)(1) of this in paragraph (c)(2) of this section or paragraph (c)(10)(i) of this section that section, the area-specific requirements unless the gear is stowed as specified in overlaps an area from the U.S./Canada in (c)(2) of this section or unless the gear § 229.2. border south to a straight line from 41° (iii) Seasonal area-specific gear or is stowed as specified in § 229.2. 18.2′ N. lat., 71°51.5′ W. long. (Watch vessel requirements. From September 1 (vi) [Reserved] Hill Point, RI) south to 40°00′ N. lat., to May 31, no person or vessel may fish and then east to the eastern edge of the (d) Restrictions applicable to with or possess trap/pot gear in the EEZ, unless that gear complies with the anchored gillnet gear—(1) Universal Southern Nearshore Trap/Pot Waters gear marking requirements specified in anchored gillnet gear requirements. In Area that overlaps an area bounded on paragraph (b) of this section, the addition to the area-specific measures universal trap/pot gear requirements listed in paragraphs (d)(3) through (d)(8) 5 Fishermen using red crab trap/pot gear should of this section, all anchored gillnet gear refer to § 229.32(c)(10) for the restrictions specified in paragraph (c)(1) of this applicable to red crab trap/pot fishery. section, the area-specific requirements in regulated waters must comply with

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the universal gear requirements listed (ii) Net panel weak links. The weak link must be placed at least every below.6 breaking strength of each weak link 25 fathoms (150 ft or 45.7 m) along the (i) No buoy line floating at the must not exceed 1,100 lb (499.0 kg). The floatline. surface. No person or vessel may fish weak link requirements apply to all (iii) Anchoring systems. All anchored with anchored gillnet gear that has any variations in panel size. All net panels gillnets, regardless of the number of net portion of the buoy line floating at the in a string must contain weak links that panels, must be secured at each end of surface at any time when the buoy line meet one of the following two the net string with a burying anchor (an is directly connected to the gear at the configurations unless exempted from anchor that holds to the ocean bottom ocean bottom. If more than one buoy is this requirement under paragraph (a)(5) through the use of a fluke, spade, plow, attached to a single buoy line or if a of this section: or pick) having the holding capacity high flyer and a buoy are used together (A) Configuration 1. (1) The weak link equal to or greater than a 22-lb (10.0-kg) on a single buoy line, sinking and/or must be chosen from the following list Danforth-style anchor unless exempted neutrally buoyant line must be used approved by NMFS: Plastic weak links from this requirement under paragraph between these objects. or rope of appropriate breaking strength. (a)(5) of this section. Dead weights do (ii) No wet storage of gear. Anchored If rope of appropriate breaking strength not meet this requirement. A brochure gillnet gear must be hauled out of the is used throughout the floatline or as the illustrating the techniques for rigging water at least once every 30 days. up and down line, or if no up and down anchoring systems is available from the (iii) Groundlines. All groundlines line is present, then individual weak Regional Administrator, NMFS, Greater must be composed entirely of sinking links are not required on the floatline or Atlantic Region. line unless exempted from this up and down line. A brochure (3) Cape Cod Bay Restricted Area—(i) requirement under paragraph (a)(4) of illustrating the techniques for making Area. The Cape Cod Bay restricted area this section. The attachment of buoys, weak links is available from the is bounded by the following points and toggles, or other floatation devices to Regional Administrator, NMFS, Greater on the south and east by the interior groundlines is prohibited. Atlantic Region upon request; and shoreline of Cape Cod, Massachusetts. (2) Area specific gear restrictions. No (2) One weak link must be placed in person or vessel may fish with or the center of each of the up and down Point N. lat. W. long. possess anchored gillnet gear in Areas lines at both ends of the net panel; and referenced in paragraphs (d)(3) through (3) One weak link must be placed as CCB1 ...... 41°40′ 69°45′ ° ′ ° ′ (d)(8) of this section, unless that gear close as possible to each end of the net CCB2 ...... 42 30 69 45 complies with the gear requirements CCB3 ...... 42°30′ 70°30′ panels on the floatline; and ° ′ ° ′ specified in paragraph (d)(1) of this (4) For net panels of 50 fathoms (300 CCB4 ...... 42 12 70 30 section, and the area specific ft or 91.4 m) or less in length, one weak (ii) Closure. During January 1 through requirements listed below, or unless the link must be placed in the center of the May 15 of each year, no person or vessel gear is stowed as specified in § 229.2. floatline; or (i) Buoy line weak links. All buoys, (5) For net panels greater than 50 may fish with or possess anchored flotation devices and/or weights (except fathoms (300 ft or 91.4 m) in length, one gillnet gear in the Cape Cod Bay gillnets, anchors, and leadline woven weak link must be placed at least every Restricted Area unless the Assistant into the buoy line), such as surface 25 fathoms (150 ft or 45.7 m) along the Administrator specifies gear restrictions buoys, high flyers, sub-surface buoys, floatline. or alternative fishing practices in toggles, window weights, etc., must be (B) Configuration 2. (1) The weak link accordance with paragraph (i) of this attached to the buoy line with a weak must be chosen from the following list section and the gear or practices comply link placed as close to each individual approved by NMFS: Plastic weak links with those specifications, or unless the buoy, flotation device and/or weight as or rope of appropriate breaking strength. gear is stowed as specified in § 229.2. operationally feasible and that meets the If rope of appropriate breaking strength The Assistant Administrator may waive following specifications: is used throughout the floatline or as the this closure for the remaining portion of (A) The weak link must be chosen up and down line, or if no up and down the winter restricted period in any year from the following list approved by line is present, then individual weak through a notification in the Federal NMFS: Swivels, plastic weak links, rope links are not required on the floatline or Register if NMFS determines that right of appropriate breaking strength, hog up and down line. A brochure whales have left the restricted area and rings, rope stapled to a buoy stick, or illustrating the techniques for making are unlikely to return for the remainder other materials or devices approved in weak links is available from the of the season. writing by the Assistant Administrator. Regional Administrator, NMFS, Greater (iii) Area-specific gear or vessel A brochure illustrating the techniques Atlantic Region upon request; and requirements. From May 16 through for making weak links is available from (2) One weak link must be placed in December 31 of each year, no person or the Regional Administrator, NMFS, the center of each of the up and down vessel may fish with or possess Greater Atlantic Region upon request. lines at both ends of the net panel; and anchored gillnet gear in the Cape Cod (B) The breaking strength of the weak (3) One weak link must be placed Bay Restricted Area unless that gear links must not exceed 1,100 lb (499.0 between the floatline tie loops between complies with the gear marking kg). requirements specified in paragraph (b) (C) Weak links must break cleanly net panels; and (4) One weak link must be placed of this section, the universal anchored leaving behind the bitter end of the line. where the floatline tie loops attaches to gillnet gear requirements specified in The bitter end of the line must be free the bridle, buoy line, or groundline at paragraph (d)(1) of this section, and the of any knots when the weak link breaks. the end of a net string; and area-specific requirements listed in Splices are not considered to be knots (5) For net panels of 50 fathoms (300 paragraph (d)(2) of this section, or for the purposes of this provision. ft or 91.4 m) or less in length, one weak unless the gear is stowed as specified in link must be placed in the center of the § 229.2. 6 Fishermen are also encouraged to maintain their (4) Great South Channel Restricted buoy lines to be as knot-free as possible. Splices are floatline; or considered to be less of an entanglement threat and (6) For net panels greater than 50 Gillnet Area—(i) Area. The Great South are thus preferable to knots. fathoms (300 ft or 91.4 m) in length, one Channel Restricted Gillnet Area consists

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of the area bounded by lines connecting those designated as the Cape Cod Bay the gear is stowed as specified in the following four points: Restricted Area in paragraph (d)(3) of § 229.2. this section that lie south of 43°15′ N. (8) Mid/South Atlantic Gillnet Point N. lat. W. long. lat. and west of 70°00′ W. long. Waters—(i) Area. The Mid/South (ii) Year-round area-specific gear or Atlantic Gillnet Waters consists of all GSC1 ...... 41°02.2′ 69°02′ ° ′ ° ′ vessel requirements. No person or vessel U.S. waters bounded on the north from GSC2 ...... 41 43.5 69 36.3 may fish with or possess anchored Long Island, NY, at 72°30′ W. long. GSC3 ...... 42°10′ 68°31′ ° ′ GSC4 ...... 41°38′ 68°13′ gillnet gear in the Stellwagen Bank/ south to 36 33.03 N. lat. and east to the Jeffreys Ledge Restricted Area unless eastern edge of the EEZ, and bounded ° ′ (ii) Closure. From April 1 through that gear complies with the gear on the south by 32 00 N. lat., and east June 30 of each year, no person or vessel marking requirements specified in to the eastern edge of the EEZ. When the may fish with or possess anchored paragraph (b) of this section, the Mid/South Atlantic Gillnet Waters Area gillnet gear in the Great South Channel universal anchored gillnet gear overlaps the Southeast U.S. Restricted Restricted Gillnet Area unless the requirements specified in paragraph Area and its restricted period as Assistant Administrator specifies gear (d)(1) of this section, and the area- specified in paragraphs (f)(1) and (f)(2) restrictions or alternative fishing specific requirements listed in of this section, then the closure and practices in accordance with paragraph paragraph (d)(2) of this section or unless exemption for the Southeast U.S. (i) of this section and the gear or the gear is stowed as specified in Restricted Area as specified in practices comply with those § 229.2. paragraph (f)(2) of this section applies. (7) Other Northeast Gillnet Waters (ii) Area-specific gear or vessel specifications, or unless the gear is Area—(i) Area. The Other Northeast requirements. From September 1 stowed as specified in § 229.2. (iii) Area-specific gear or vessel Gillnet Waters Area consists of all state through May 31, no person or vessel requirements. From July 1 through and Federal U.S. waters from the U.S./ may fish with or possess anchored Canada border to Long Island, NY, at gillnet gear in the Mid/South Atlantic March 31 of each year, no person or 72°30′ W. long. south to 36°33.03′ N. lat. Gillnet Waters unless that gear complies vessel may fish with or possess and east to the eastern edge of the EEZ, with the gear marking requirements anchored gillnet gear in the Great South with the exception of the Cape Cod Bay specified in paragraph (b) of this Channel Restricted Gillnet Area unless Restricted Area, Stellwagen Bank/ section, the universal anchored gillnet that gear complies with the gear Jeffreys Ledge Restricted Area, Great gear requirements specified in marking requirements specified in South Channel Restricted Gillnet Area, paragraph (d)(1) of this section, and the paragraph (b) of this section, the Great South Channel Sliver Restricted following area-specific requirements, or universal anchored gillnet gear Area, and exempted waters listed in unless the gear is stowed as specified in requirements specified in paragraph paragraph (a)(3) of this section. § 229.2. When the Mid/South Atlantic (d)(1) of this section, and the area- (ii) Year-round area-specific gear or Gillnet Waters Area overlaps the specific requirements listed in vessel requirements. No person or vessel Southeast U.S. Restricted Area and its paragraph (d)(2) of this section or unless may fish with or possess anchored restricted period as specified in the gear is stowed as specified in gillnet gear in the Other Northeast paragraphs (f)(1) and (f)(2) of this § 229.2. Gillnet Waters Area that overlaps an section, then the closure and exemption (5) Great South Channel Sliver area from the U.S./Canada border south for the Southeast U.S. Restricted Area as Restricted Area—(i) Area. The Great to a straight line from 41°18.2′ N. lat., specified in paragraph (f)(2) of this South Channel Sliver Restricted Area 71°51.5′ W. long. (Watch Hill Point, RI) section applies. consists of the area bounded by lines south to 40°00′ N. lat. and then east to (A) Buoy line weak links. All buoys, connecting the following points: the eastern edge of the EEZ, unless that flotation devices and/or weights (except gear complies with the gear marking Point N. lat. W. long. gillnets, anchors, and leadline woven requirements specified in paragraph (b) into the buoy line), such as surface GSCRA1 ...... 41°02.2′ 69°02′ of this section, the universal anchored buoys, high flyers, sub-surface buoys, GSCRA2 ...... 41°43.5′ 69°36.3′ gillnet gear requirements specified in toggles, window weights, etc., must be GSCRA3 ...... 41°40′ 69°45′ paragraph (d)(1) of this section, and the attached to the buoy line with a weak GSCRA4 ...... 41°00′ 69°05′ area-specific requirements listed in link placed as close to each individual paragraph (d)(2) of this section or unless buoy, flotation device and/or weight as (ii) Year-round area-specific gear or the gear is stowed as specified in operationally feasible and that meets the vessel requirements. No person or vessel § 229.2. following specifications: may fish with or possess anchored (iii) Seasonal area-specific gear or (1) The weak link must be chosen gillnet gear in the Great South Channel vessel requirements. From September 1 from the following list approved by Sliver Restricted Area unless that gear to May 31, no person or vessel may fish NMFS: Swivels, plastic weak links, rope complies with the gear marking with or possess anchored gillnet gear in of appropriate breaking strength, hog requirements specified in paragraph (b) the Other Northeast Gillnet Waters Area rings, rope stapled to a buoy stick, or of this section, the universal anchored that is south of a straight line from other materials or devices approved in gillnet gear requirements specified in 41°18.2′ N. lat., 71 °51.5′ W. long. writing by the Assistant Administrator. paragraph (d)(1) of this section, and the (Watch Hill Point, RI) south to 40°00′ N. A brochure illustrating the techniques area-specific requirements listed in lat. and then east to the eastern edge of for making weak links is available from paragraph (d)(2) of this section or unless the EEZ, unless that gear complies with the Regional Administrator, NMFS, the gear is stowed as specified in the gear marking requirements specified Greater Atlantic Region upon request. § 229.2. in paragraph (b) of this section, the (2) The breaking strength of the weak (6) Stellwagen Bank/Jeffreys Ledge universal anchored gillnet gear links must not exceed 1,100 lb (499.0 Restricted Area—(i) Area. The requirements specified in paragraph kg). Stellwagen Bank/Jeffreys Ledge (d)(1) of this section, and the area- (3) Weak links must break cleanly Restricted Area includes all Federal specific requirements listed in leaving behind the bitter end of the line. waters of the Gulf of Maine, except paragraph (d)(2) of this section or unless The bitter end of the line must be free

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of any knots when the weak link breaks. (d)(8)(ii)(C)(1) and (d)(8)(ii)(C)(2) of this stowed as specified in § 229.2. Splices are not considered to be knots section, or the following: Additionally, no person or vessel may for the purposes of this provision. (i) The entire net string must be less fish with or possess drift gillnet gear at (B) Net panel weak links. The weak than 300 yards (274.3 m) from shore. night in the Cape Cod Bay Restricted link requirements apply to all variations (ii) The breaking strength of each Area unless that gear is tended, or in panel size. All net panels must weak link must not exceed 600 lb (272.2 unless the gear is stowed as specified in contain weak links that meet the kg). The weak link requirements apply § 229.2. During that time, all drift gillnet following specifications unless to all variations in panel size. gear set by that vessel in the Cape Cod exempted under paragraph (a)(5) of this (iii) All net panels in a string must Bay Restricted Area must be removed section: contain weak links that meet one of the from the water and stowed on board the (1) The breaking strength for each of following two configuration vessel before a vessel returns to port. the weak links must not exceed 1,100 lb specifications found in paragraph (2) Great South Channel Restricted (499.0 kg). (d)(2)(ii)(A) or (d)(2)(ii)(B) of this Gillnet Area—(i) Area. The Great South (2) The weak link must be chosen section. Channel Restricted Gillnet Area consists from the following list approved by (iv) Regardless of the number of net of the area bounded by lines connecting NMFS: Plastic weak links or rope of panels, all anchored gillnets must be the following four points: appropriate breaking strength. If rope of secured at the offshore end of the net appropriate breaking strength is used string with a burying anchor (an anchor Point N. Lat. W. Long. throughout the floatline then individual that holds to the ocean bottom through GSC1 ...... 41°02.2′ 69°02′ weak links are not required. A brochure the use of a fluke, spade, plow, or pick) ° ′ ° ′ having a holding capacity equal to or GSC2 ...... 41 43.5 69 36.3 illustrating the techniques for making GSC3 ...... 42°10′ 68°31′ weak links is available from the greater than an 8-lb (3.6-kg) Danforth- GSC4 ...... 41°38′ 68°13′ Regional Administrator, NMFS, Greater style anchor, and at the inshore end of Atlantic Region upon request. the net string with a dead weight equal (ii) Closure. From April 1 through (3) Weak links must be placed in the to or greater than 31 lb (14.1 kg). June 30 of each year, no person or vessel center of the floatline of each gillnet net (e) Restrictions applicable to drift may set, fish with or possess drift gillnet panel up to and including 50 fathoms gillnet gear—(1) Cape Cod Bay gear in the Great South Channel (300 ft or 91.4 m) in length, or at least Restricted Area—(i) Area. The Cape Cod Restricted Gillnet Area unless the every 25 fathoms (150 ft or 45.7 m) Bay Restricted Area is bounded by the Assistant Administrator specifies gear along the floatline for longer panels. following points and on the south and restrictions or alternative fishing (C) Additional anchoring system and east by the interior shoreline of Cape practices in accordance with paragraph net panel weak link requirements. All Cod, Massachusetts. (i) of this section and the gear or gillnets must return to port with the practices comply with those Point N. Lat. W. Long. vessel unless the gear meets the specifications, or unless the gear is following specifications: CCB1 ...... 41°40′ 69°45′ stowed as specified in § 229.2. (1) Anchoring systems. All anchored CCB2 ...... 42°30′ 69°45′ (iii) Area-specific gear or vessel gillnets, regardless of the number of net CCB3 ...... 42°30′ 70°30′ requirements. From July 1 through panels, must be secured at each end of CCB4 ...... 42°12′ 70°30′ March 31 of each year, no person or the net string with a burying anchor (an vessel may fish with or possess drift anchor that holds to the ocean bottom (ii) Closure. From January 1 through gillnet gear in the Great South Channel through the use of a fluke, spade, plow, April 30 of each year, no person or Restricted Gillnet Area unless that gear or pick) having the holding capacity vessel may fish with or possess drift complies with the gear marking equal to or greater than a 22-lb (10.0-kg) gillnet gear in the Cape Cod Bay requirements specified in paragraph (b) Danforth-style anchor unless exempted Restricted Area unless the Assistant of this section, or unless the gear is under paragraph (a)(5) of this section. Administrator specifies gear restrictions stowed as specified in § 229.2. Dead weights do not meet this or alternative fishing practices in Additionally, no person or vessel may requirement. A brochure illustrating the accordance with paragraph (e)(1)(i) of fish with or possess drift gillnet gear at techniques for rigging anchoring this section and the gear or practices night in the Great South Channel systems is available from the Regional comply with those specifications, or Restricted Gillnet Area unless that gear Administrator, NMFS, Greater Atlantic unless the gear is stowed as specified in is tended, or unless the gear is stowed Region upon request. § 229.2. The Assistant Administrator as specified in § 229.2. During that time, (2) Net panel weak links. Net panel may waive this closure for the all drift gillnet gear set by that vessel in weak links must meet the specifications remaining portion of the winter the Great South Channel Restricted in this paragraph. The breaking strength restricted period in any year through a Gillnet Area must be removed from the of each weak link must not exceed 1,100 notification in the Federal Register if water and stowed on board the vessel lb (499.0 kg). The weak link NMFS determines that right whales before a vessel returns to port. requirements apply to all variations in have left the restricted area and are (3) Great South Channel Sliver panel size. All net panels in a string unlikely to return for the remainder of Restricted Area—(i) Area. The Great must contain weak links that meet one the season. South Channel Sliver Restricted Area of the following two configurations (iii) Area-specific gear or vessel consists of the area bounded by lines found in paragraph (d)(2)(ii)(A) or requirements. From May 1 through connecting the following points: (d)(2)(ii)(B) of this section. December 31 of each year, no person or (3) Additional provision for North vessel may fish with or possess drift Point N. lat. W. long. Carolina. All gillnets set 300 yards gillnet gear in the Cape Cod Bay GSCRA1 ...... 41°02.2′ 69°02′ (274.3 m) or less from the shoreline in Restricted Area unless that gear ° ′ ° ′ North Carolina must meet the anchoring complies with the gear marking GSCRA2 ...... 41 43.5 69 36.3 GSCRA3 ...... 41°40′ 69°45′ system and net panel weak link requirements specified in paragraph (b) GSCRA4 ...... 41°00′ 69°05′ requirements in paragraphs of this section, or unless the gear is

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(ii) Year-round area-specific gear or specified in paragraph (b) of this Waters unless the gear is stowed as vessel requirements. No person or vessel section, or unless the gear is stowed as specified in § 229.2. When the Mid/ may fish with or possess drift gillnet specified in § 229.2. Additionally, no South Atlantic Gillnet Waters Area gear in the Great South Channel Sliver person or vessel may fish with or overlaps the Southeast U.S. Restricted Restricted Gillnet Area unless that gear possess drift gillnet gear at night in the Area and its restricted period as complies with the gear marking Other Northeast Gillnet Waters Area specified in paragraphs (f)(1) and (f)(2) requirements specified in paragraph (b) unless that gear is tended, or unless the of this section, then the closure and of this section, or unless the gear is gear is stowed as specified in § 229.2. exemption for the Southeast U.S. stowed as specified in § 229.2. During that time, all drift gillnet gear set Restricted Area as specified in Additionally, no person or vessel may by that vessel in the Other Northeast paragraph (f)(2) of this section applies. fish with or possess drift gillnet gear at Gillnet Waters Area must be removed (f) Restrictions applicable to the night in the Great South Channel Sliver from the water and stowed on board the Southeast U.S. Restricted Area—(1) Restricted Area unless that gear is vessel before a vessel returns to port. Area. The Southeast U.S. Restricted tended, or unless the gear is stowed as (iii) Seasonal area-specific gear or Area consists of the area bounded by specified in § 229.2. During that time, vessel requirements. From September 1 straight lines connecting the following all drift gillnet gear set by that vessel in to May 31, no person or vessel may fish points in the order stated from south to the Great South Channel Sliver with or possess drift gillnet gear in the north: Restricted Area must be removed from Other Northeast Gillnet Waters Area the water and stowed on board the that is south of a straight line from Point N. lat. W. long. vessel before a vessel returns to port. 41°18.2′ N. lat., 71°51.5′ W. long. (Watch (4) Stellwagen Bank/Jeffreys Ledge Hill Point, RI) south to 40°00′ N. lat. and SERA1 ...... 27°51′ (1) Restricted Area—(i) Area. The then east to the eastern edge of the EEZ, SERA2 ...... 27°51′ 80°00′ SERA3 ...... 32°00′ 80°00′ Stellwagen Bank/Jeffreys Ledge unless that gear complies with the gear ° ′ ° ′ Restricted Area includes all Federal marking requirements specified in SERA4 ...... 32 36 78 52 SERA5 ...... 32°51′ 78°36′ waters of the Gulf of Maine, except paragraph (b) of this section, or unless SERA6 ...... 33°15′ 78°24′ those designated the Cape Cod Bay the gear is stowed as specified in SERA7 ...... 33°27′ 78°04′ Restricted Area in paragraph (e)(1), that § 229.2. Additionally, no person or SERA8 ...... (2) 78°33.9′ lie south of 43°15′ N. lat. and west of vessel may fish with or possess drift 70°00′ W. long. gillnet gear at night in the Other 1 Florida shoreline. 2 South Carolina shoreline. (ii) Year-round area-specific gear or Northeast Gillnet Waters Area unless vessel requirements. No person or vessel that gear is tended, or unless the gear is (i) Southeast U.S. Restricted Area N. may fish with or possess drift gillnet stowed as specified in § 229.2. During The Southeast U.S. Restricted Area N gear in the Stellwagen Bank/Jeffreys that time, all drift gillnet gear set by that consists of the Southeast U.S. Restricted Ledge Restricted Area unless that gear vessel in the Other Northeast Gillnet Area from 29°00′ N. lat. northward. complies with the gear marking Waters Area must be removed from the (ii) Southeast U.S. Restricted Area S. requirements specified in paragraph (b) water and stowed on board the vessel The Southeast U.S. Restricted Area S of this section, or unless the gear is before a vessel returns to port. consists of the Southeast U.S. Restricted stowed as specified in § 229.2. (6) Mid/South Atlantic Gillnet Waters Area southward of 29°00′ N. lat. Additionally, no person or vessel may Area—(i) Area. The Mid/South Atlantic (2) Restricted periods, closure, and fish with or possess drift gillnet gear at Gillnet Waters consists of all U.S. waters exemptions. night in the Stellwagen Bank/Jeffreys bounded on the north from Long Island, (i) Restricted periods. The restricted Ledge Area unless that gear is tended, NY at 72°30′ W. long. south to 36°33.03′ period for the Southeast U.S. Restricted or unless the gear is stowed as specified N. lat. and east to the eastern edge of the Area N is from November 15 through in § 229.2. During that time, all drift EEZ, and bounded on the south by April 15, and the restricted period for gillnet gear set by that vessel in the 32°00′ N. lat., and east to the eastern the Southeast U.S. Restricted Area S is Stellwagen Bank/Jeffreys Ledge edge of the EEZ. When the Mid/South from December 1 through March 31. Restricted Area must be removed from Atlantic Gillnet Waters Area overlaps (ii) Closure for gillnets. the water and stowed on board the the Southeast U.S. Restricted Area and (A) Except as provided under vessel before a vessel returns to port. its restricted period as specified in paragraph (f)(2)(v) of this section, (5) Other Northeast Gillnet Waters paragraphs (f)(1) and (f)(2) of this fishing with or possessing gillnet in the Area—(i) Area. The Other Northeast section, then the closure and exemption Southeast U.S. Restricted Area N during Gillnet Waters Area consists of all state for the Southeast U.S. Restricted Area as the restricted period is prohibited. and Federal U.S. waters from the U.S./ specified in paragraph (f)(2) of this (B) Except as provided under Canada border to Long Island, NY, at section applies. paragraph (f)(2)(iii) of this section and 72°30′ W. long. south to 36°33.03′ N. lat. (ii) Area-specific gear or vessel (f)(2)(iv) of this section, fishing with and east to the eastern edge of the EEZ, requirements. From September 1 gillnet in the Southeast U.S. Restricted with the exception of the Cape Cod Bay through May 31, no person or vessel Area S during the restricted period is Restricted Area, Stellwagen Bank/ may fish with or possess drift gillnet prohibited. Jeffreys Ledge Restricted Area, Great gear at night in the Mid/South Atlantic (iii) Exemption for Southeastern U.S. South Channel Restricted Gillnet Area, Gillnet Waters Area unless: Atlantic shark gillnet fishery. Fishing Great South Channel Sliver Restricted (A) The gear complies with gear with gillnet for sharks with webbing of Area, and exempted waters listed in marking requirements specified in 5 inches (12.7 cm) or greater stretched paragraph (a)(3) of this section. paragraph (b) of this section; mesh is exempt from the restrictions (ii) Year-round area-specific gear or (B) The gear is tended; and under paragraph (f)(2)(ii)(B) of this vessel requirements. No person or vessel (C) All gear is removed from the water section if: may fish with or possess drift gillnet and stowed on board the vessel before (A) The gillnet is deployed so that it gear in the Other Northeast Gillnet a vessel returns to port. No person or encloses an area of water; Waters Area unless that gear complies vessel may possess drift gillnet at night (B) A valid commercial directed shark with the gear marking requirements in the Mid/South Atlantic Gillnet limited access permit has been issued to

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the vessel in accordance with 50 CFR begins when the first mesh is placed in except where it attaches to the buoy and § 635.4(e) and is on board; the water and ends either when the first trap/pot; (C) No net is set at night or when mesh is retrieved back on board the (E) The buoy line is made of sinking visibility is less than 500 yards (1,500 ft, vessel or the gathering of the gillnet is line; 460 m); begun to facilitate retrieval on board the (F) The gear complies with gear (D) The gillnet is removed from the vessel, whichever occurs first; providing marking requirements as specified in water before night or immediately if that, once the first mesh is retrieved or paragraph (b) of this section; and visibility decreases below 500 yards the gathering is begun, the retrieval is (G) Trap/pot gear that is deployed in (1,500 ft, 460 m); continuous until the gillnet is the EEZ (as defined in § 600.10 of this (E) Each set is made under the completely removed from the water; title) is brought back to port at the observation of a spotter plane; (G) No net is set at night or when conclusion of each fishing trip. (F) No gillnet is set within 3 nautical visibility is less than 500 yards (1,500 ft, (g) Restrictions applicable to the miles (5.6 km) of a right, humpback, or 460 m); Other Southeast Gillnet Waters (1) fin whale; (H) The gillnet is removed from the Area—The Other Southeast Gillnet (G) The gillnet is removed water before night or immediately if Waters Area includes all waters immediately from the water if a right, visibility decreases below 500 yards bounded by 32°00′ N. lat. on the north humpback, or fin whale moves within 3 (1,500 ft, 460 m); (near Savannah, GA), 26°46.50′ N. lat. nautical miles (5.6 km) of the set gear; (I) No net is set within 3 nautical on the south (near West Palm Beach, (H) The gear complies with the gear miles (5.6 km) of a right, humpback, or FL), 80°00′ W. long. on the west, and the marking requirements specified in fin whale; EEZ boundary on the east. paragraph (b) of this section; and (J) The gillnet is removed immediately (2) Closure for gillnets. Fishing with (I) The operator of the vessel calls the from the water if a right, humpback, or or possessing gillnet gear in the Other Southeast Fisheries Science Center fin whale moves within 3 nautical miles Southeast Gillnet Waters Area north of Panama City Laboratory in Panama City, (5.6 km) of the set gear; and 29°00′ N. lat. from November 15 through FL, not less than 48 hours prior to (K) The gear complies with the gear April 15 or south of 29°00′ N. lat. from departing on any fishing trip in order to marking requirements specified in December 1 through March 31 is arrange for observer coverage. If the paragraph (b) of this section, the allowed if one of the following Panama City Laboratory requests that an universal anchored gillnet gear exemptions applies: observer be taken on board a vessel requirements specified in paragraph (i) Exemption for Southeastern U.S. during a fishing trip at any time from (d)(1) of this section, and the area- Atlantic shark gillnet fishery. Fishing December 1 through March 31 south of specific requirements for anchored with or possessing gillnet gear with 29°00′ N. lat., no person may fish with gillnets specified in paragraphs webbing of 5 inches (12.7 cm) or greater such gillnet aboard that vessel in the (d)(8)(ii)(A) through (d)(8)(ii)(D) of this stretched mesh is allowed if: Southeast U.S. Restricted Area S unless section for the Mid/South Atlantic (A) The gear is marked as required in an observer is on board that vessel Gillnet Waters. paragraph (b) of this section. during the trip. (v) Exemption for vessels in transit (B) No net is set within 3 nautical (iv) Exemption for Spanish Mackerel with gillnet aboard. Possession of gillnet miles (5.6 km) of a right, humpback, or component of the Southeast Atlantic aboard a vessel in transit is exempt from fin whale; and gillnet fishery. Fishing with gillnet for the restrictions under paragraph (C) The gear is removed immediately Spanish mackerel is exempt from the (f)(2)(ii)(A) of this section if: All nets are from the water if a right, humpback, or restrictions under paragraph (f)(2)(ii)(B) covered with canvas or other similar fin whale moves within 3 nautical miles of this section from December 1 through material and lashed or otherwise (5.6 km) of the set gear. December 31, and from March 1 through securely fastened to the deck, rail, or (ii) Exemption for Southeast Atlantic March 31 if: drum; and all buoys, high flyers, and gillnet fishery. Fishing with or (A) Gillnet mesh size is between 3.5 anchors are disconnected from all possessing gillnet gear is allowed if: inches (8.9 cm) and 47⁄8 inches (12.4 cm) gillnets. No fish may be possessed (A) The gear is marked as required in stretched mesh; aboard such a vessel in transit. paragraph (b) of this section; or (B) A valid commercial vessel permit (vi) Restrictions for trap/pot gear. (B) The gear is fished south of 27°51′ for Spanish mackerel has been issued to Fishing with trap/pot gear in the N. the vessel in accordance with Southeast U.S. Restricted Area N during (iii) Exemption for vessels in transit § 622.4(a)(2)(iv) of this title and is on the restricted period is allowed if: with gillnet aboard. Possession of gillnet board; (A) Trap/pot gear is not fished in a gear aboard a vessel in transit is allowed (C) No person may fish with, set, trap/pot trawl; if: place in the water, or have on board a (B) All buoys or flotation devices are (A) All nets are covered with canvas vessel a gillnet with a float line longer attached to the buoy line with a weak or other similar material and securely than 800 yards (2,400 ft, 732 m); link that meets the requirements of fastened to the deck, rail, or drum; and (D) No person may fish with, set, or paragraph (c)(2)(ii) of this section. The (B) All buoys, high flyers, and anchors place in the water more than one gillnet weak link has a maximum breaking are disconnected from all gillnets. at any time; strength of 600 lbs (272 kg) except in (h) Restrictions applicable to the (E) No more than two gillnets, Florida State waters where the Southeast U.S. Monitoring Area—(1) including any net in use, may be maximum breaking strength is 200 lbs Area. The Southeast U.S. Monitoring possessed at any one time; provided, (91kg); Area consists of the area from 27°51′ N. however, that if two gillnets, including (C) The buoy line has a maximum lat. (near Sebastian Inlet, FL) south to any net in use, are possessed at any one breaking strength of 2,200 lbs (998 kg) 26°46.50′ N. lat. (near West Palm Beach, time, they must have stretched mesh except in Florida State waters where the FL), extending from the shoreline or sizes (as allowed under the regulations) maximum breaking strength is 1,500 lbs exemption line out to 80°00′ W. long. that differ by at least .25 inch (.64 cm); (630 kg); (2) Restrictions for Southeastern U.S. (F) No person may soak a gillnet for (D) The entire buoy line must be free Atlantic shark gillnet fishery. Fishing more than 1 hour. The soak period of objects (e.g., weights, floats, etc.) with or possessing gillnet gear with

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webbing of 5 inches (12.7 cm) or greater Stevens Fishery Conservation and (2) Other special measures. The stretched mesh from December 1 Management Act, or other appropriate Assistant Administrator may, in through March 31 is allowed if: authority, the Assistant Administrator consultation with the Take Reduction (i) The gear complies with the gear may take action under this section in Team, revise the requirements of this marking requirements specified in the following situations: section through a publication in the paragraph (b) of this section; Federal Register if: (1) Entanglements in critical habitat (ii) The vessel owner/operator is in (i) NMFS verifies that certain gear or restricted areas. If a serious injury or compliance with the vessel monitoring characteristics are both operationally system (VMS) requirements found in 50 mortality of a right whale occurs in the effective and reduce serious injuries and CFR 635.69; and Cape Cod Bay Restricted Area from mortalities of endangered whales; (iii) The vessel owner/operator and January 1 through May 15, in the Great (ii) New gear technology is developed crew are in compliance with observer South Channel Restricted Area from and determined to be appropriate; requirements found in § 229.7. April 1 through June 30, the Southeast (iii) Revised breaking strengths are (3) Restrictions for Southeastern U.S. U.S. Restricted Area N from November determined to be appropriate; Atlantic shark gillnet fishery vessels in 15 to April 15, or the Southeast U.S. (iv) New marking systems are transit. Possession of gillnet gear with Restricted Area S from December 1 developed and determined to be webbing of 5 inches (12.7 cm) or greater through March 31 as the result of an appropriate; stretched mesh aboard a vessel in transit entanglement by trap/pot or gillnet gear (v) NMFS determines that right from December 1 through March 31 is allowed to be used in those areas and whales are remaining longer than allowed if: times, the Assistant Administrator shall expected in a closed area or have left (i) All gear is stowed as specified in close that area to that gear type (i.e., earlier than expected; 50 CFR 229.2; and (ii) The vessel owner/operator is in trap/pot or gillnet) for the rest of that (vi) NMFS determines that the compliance with the vessel monitoring time period and for that same time boundaries of a closed area are not system (VMS) requirements found in 50 period in each subsequent year, unless appropriate; CFR 635.69. the Assistant Administrator revises the (vii) Gear testing operations are (i) Other provisions. In addition to restricted period in accordance with considered appropriate; or any other emergency authority under paragraph (i)(2) of this section or unless (viii) Similar situations occur. the Marine Mammal Protection Act, the other measures are implemented under [FR Doc. 2014–14936 Filed 6–26–14; 8:45 am] Endangered Species Act, the Magnuson- paragraph (i)(2) of this section. BILLING CODE 3510–22–P

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Part III

The President

Memorandum of June 23, 2014—Enhancing Workplace Flexibilities and Work-Life Programs

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Federal Register Presidential Documents Vol. 79, No. 124

Friday, June 27, 2014

Title 3— Memorandum of June 23, 2014

The President Enhancing Workplace Flexibilities and Work-Life Programs

Memorandum for the Heads of Executive Departments and Agencies

To attract, empower, and retain a talented and productive workforce in the 21st century, the Federal Government must continue to make progress in enabling employees to balance their responsibilities at work and at home. We should build on our record of leadership through better education and training, expanded availability of workplace flexibilities and work-life programs, as appropriate, and improved tracking of outcomes and accountability. In doing so, we can help ensure that the Federal workforce is engaged and empowered to deliver exceptional and efficient service to the American public while meeting family and other needs at home. Therefore, it is the policy of the Federal Government to promote a culture in which managers and employees understand the workplace flexibilities and work-life programs available to them and how these measures can improve agency productivity and employee engagement. The Federal Govern- ment must also identify and eliminate any arbitrary or unnecessary barriers or limitations to the use of these flexibilities and develop new strategies consistent with statute and agency mission to foster a more balanced workplace. By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to support executive departments and agencies (agencies) in their efforts to better utilize existing and develop new workplace flexibilities and work-life programs, I hereby direct as follows: Section 1. Right to Request Work Schedule Flexibilities. (a) Agencies shall make Federal employees aware, on a periodic basis, that they have the right to request work schedule flexibilities available to them under law, pursuant to an applicable collective bargaining agreement, or under agency policy, without fear of retaliation or adverse employment action as a con- sequence of making such a request. (b) To facilitate conversations about work schedule flexibilities, each agency shall review, and if necessary amend or establish, procedures within 120 days of the date of this memorandum. Subject to collective bargaining agreements, agency procedures must provide: (i) employees an ability to request work schedule flexibilities, including telework, part-time employment, or job sharing; (ii) that, upon receipt of such requests, supervisors (or their designees) should meet or confer directly with the requesting employee as appropriate to understand fully the nature and need for the requested flexibility; (iii) that supervisors must consider the request and supporting information carefully and respond within 20 business days of the initial request, or sooner if required by agency policy; and (iv) that the agency should remind employees on a periodic basis of the workplace flexibilities available to them. (c) The Director of the Office of Personnel Management (OPM) shall issue guidance to Chief Human Capital Officers regarding the requirements set forth in this section within 60 days of the date of this memorandum, and shall assist agencies with implementation of this section.

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(d) Nothing in this section shall be construed to impair or otherwise affect the discretion granted to an employee’s supervisor in making a decision on the request for work schedule flexibilities, in accordance with the agency’s mission-related requirements. Sec. 2. Expanding Access to Workplace Flexibilities. Agency heads shall ensure that the following workplace flexibilities are available to the maximum extent practicable, in accordance with the laws and regulations governing these programs and consistent with mission needs: (a) part-time employment and job sharing, including for temporary periods of time where appropriate; (b) alternative work schedules, including assurance that core hours are limited only to those hours that are necessary; (c) break times for nursing mothers and a private space to express milk; (d) telework; (e) annual leave and sick leave, including the advancement of leave for employee and family care situations; (f) sick leave for family care and bereavement; (g) sick leave to care for a family member with a serious health condition; (h) sick leave for adoption; (i) leave pursuant to the Family and Medical Leave Act (FMLA), including allowing employees to take their FMLA leave intermittently as allowed under the Act, including for childbirth, adoption, and foster care; (j) leave transfer programs, including leave banks; (k) bone marrow and organ donor leave; and (l) leave policies related to domestic violence, sexual assault, and stalking situations. Sec. 3. Expanding Availability and Encouraging Use of Work-Life Programs. Agency heads are encouraged to take steps to increase the availability and use of the following work-life programs to the maximum extent practicable: (a) dependent care programs, including the availability of on-site child care, child care subsidies, emergency child care, and elder care; (b) Employee Assistance Programs, including counseling, resources, and referrals; (c) support for nursing mothers, including worksite lactation support programs and resources; and (d) worksite health and wellness programs, and opportunities to utilize those resources. Sec. 4. Helping Agencies Encourage the Use of Workplace Flexibilities and Work-Life Programs. The Director of OPM (Director) shall work with agencies to: (a) provide appropriate education and guidance to all agency employees, including managers and supervisors, on the use of workplace flexibilities and work-life programs as strategic tools to assist with the recruitment and retention of employees, with an emphasis on furthering positive outcomes for employees and the agency that result from optimizing their use; (b) support agencies in their efforts to develop training programs that educate employees, managers, and supervisors about the resources that are available to meet work-life needs; (c) support agencies in promoting workplace cultures in which workplace flexibilities and work-life programs are a standard part of operating procedures, and identify any arbitrary, unnecessary, or cultural barriers limiting use; (d) review the Federal Employee Viewpoint Survey data related to supervisor and senior leadership support for work-life, as well as use and satisfaction with alternative work schedules, telework, and work-life programs;

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(e) implement the President’s Management Agenda efforts in a manner that improves Senior Executive Service focus on creating inclusive work environments where workplace flexibilities and work-life programs are used effectively; (f) create, annually update, and electronically publish a Workplace Flexi- bility Index using data from the Federal Employee Viewpoint Survey, reporting required by the Telework Enhancement Act of 2010, and other appropriate measures of agencies’ effective use of workplace flexibilities; (g) within 120 days from receipt of the agency reports submitted pursuant to section 5 of this memorandum, prepare a report to the President that includes information on agency best practices with regard to the use of workplace flexibilities, any barriers to or limitations that may unnecessarily restrict the use of existing workplace flexibilities and work-life programs, recommendations for addressing or eliminating such barriers or limitations, proposals for future data reporting, and metrics for tracking the use and cost-benefit of work-life programs; and (h) review, for the purpose of identifying relevant trends related to workplace flexibility issues, the annual report that agencies provide to OPM under the No FEAR Act, which includes the agency’s analysis of violations of antidiscrimination and whistleblower laws, an examination of trends, causal analysis, practical knowledge gained through experience, and any actions planned or taken to improve programs within the agency. Sec. 5. Agency Review of Workplace Flexibilities and Work-Life Policies and Programs. Within 120 days of the date of the issuance of guidance pursuant to section 1(c) of this memorandum, each agency shall review its workplace flexibilities and work-life policies and programs to assess whether they are being effectively used to the maximum extent practicable and submit a report to OPM that includes: (a) any best practices the agency has employed to create a culture and work environment that supports the productive and efficient use of workplace flexibilities and work-life programs; and (b) any barriers to or limitations that may unnecessarily restrict the use of existing workplace flexibilities and work-life programs and recommendations for addressing or eliminating such barriers or limitations. Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law or Executive Order to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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(d) The Director is hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, June 23, 2014

[FR Doc. 2014–15334 Filed 6–26–14; 11:15 am] Billing code 6325–01

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Reader Aids Federal Register Vol. 79, No. 124 Friday, June 27, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 915...... 35498 Proclamations: The United States Government Manual 741–6000 944...... 35498 9134...... 32423 1205...... 36241 Other Services 9135...... 32425 1206...... 35296 Electronic and on-line services (voice) 741–6020 9136...... 32427 1951...... 31884 Privacy Act Compilation 741–6064 9137...... 32429 4274...... 31884 Public Laws Update Service (numbers, dates, etc.) 741–6043 9138...... 32431 TTY for the deaf-and-hard-of-hearing 741–6086 9139...... 33417 9 CFR 9140...... 33645 201...... 32859 9141...... 34401 ELECTRONIC RESEARCH 310...... 32436 9142...... 34997 World Wide Web 9143...... 35477 10 CFR Full text of the daily Federal Register, CFR and other publications 9144...... 36179 72...... 35911 is located at: www.fdsys.gov. Executive Orders: 431...... 32050 Federal Register information and research tools, including Public 12473 (Amended by 1703...... 31848 Inspection List, indexes, and Code of Federal Regulations are 13669) ...... 34999 Proposed Rules: located at: www.ofr.gov. 13669...... 34999 26...... 34641 13670...... 35029 73...... 34641 E-mail Administrative Orders: 429 ...... 32020, 33870, 33873, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandums: 36242 an open e-mail service that provides subscribers with a digital Memorandum of June 430...... 32020, 36242 form of the Federal Register Table of Contents. The digital form 9, 2014 ...... 33843 431...... 33877 of the Federal Register Table of Contents includes HTML and Memorandum of June PDF links to the full text of each document. 20, 2014 ...... 35903 12 CFR To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of June 5...... 35279, 36387 Online mailing list archives, FEDREGTOC-L, Join or leave the list 23, 2014 ...... 36625 23...... 36387 (or change settings); then follow the instructions. Notices: 37...... 36387 PENS (Public Law Electronic Notification Service) is an e-mail Notice of June 10, 611...... 34621 service that notifies subscribers of recently enacted laws. 2014 ...... 33847 620...... 34621 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notice of June 19, 630...... 34621 and select Join or leave the list (or change settings); then follow 2014 ...... 35679 710...... 36196 the instructions. Notice of June 20, 1081...... 34622 FEDREGTOC-L and PENS are mailing lists only. We cannot 2014 ...... 35909 Proposed Rules: respond to specific inquiries. Reference questions. Send questions and comments about the Notice of June 23, Ch. I ...... 32172 Federal Register system to: [email protected] 2014 ...... 36181 4...... 33260 The Federal Register staff cannot interpret specific documents or Presidential 5...... 33260 regulations. Determinations: 7...... 33260 Reminders. Effective January 1, 2009, the Reminders, including No. 2014–10 of June 14...... 33260 Rules Going Into Effect and Comments Due Next Week, no longer 2, 2014 ...... 33839 32...... 33260 appear in the Reader Aids section of the Federal Register. This No. 2014–11 of June 34...... 33260 information can be found online at http://www.regulations.gov. 4, 2014 ...... 33841 100...... 33260 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 116...... 33260 5 CFR longer appears in the Federal Register. This information can be 143...... 33260 found online at http://bookstore.gpo.gov/. Ch. XIV ...... 33849 144...... 33260 Proposed Rules: 145...... 33260 FEDERAL REGISTER PAGES AND DATE, JUNE 630...... 35497 146...... 33260 1653...... 36438 150...... 33260 31205–31842...... 2 35479–35680...... 23 2641...... 33138 152...... 33260 31843–32156...... 3 35681–35910...... 24 159...... 33260 7 CFR 32157–32432...... 4 35911–36182...... 25 160...... 33260 32433–32632...... 5 36183–36386...... 26 6...... 34213 161...... 33260 32633–32858...... 6 63...... 31843 36387–36628...... 27 162...... 33260 32859–33042...... 9 210...... 36387 163...... 33260 33043–33418...... 10 220...... 35279 174...... 33260 33419–33646...... 11 245...... 36387 192...... 33260 33647–33848...... 12 319...... 32433 193...... 33260 33849–34212...... 13 457...... 35681 Ch. II ...... 32172 34213–34402...... 16 932...... 33419 Ch. III ...... 32172 34403–34620...... 17 1205...... 36183 Ch. VII...... 32191 34621–35032...... 18 1410...... 32435 701...... 36248 35033–35278...... 19 1951...... 31845 709...... 36252 35279–35478...... 20 4274...... 31845 721...... 36264

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722...... 36248 Proposed Rules: 27 CFR 36 CFR 40...... 36269 741...... 36264 Proposed Rules: 12...... 33434 1207...... 35960 35...... 35501 9...... 34474 242...... 35232 294...... 33436 13 CFR 19 CFR 28 CFR Proposed Rules: 121...... 33647 201...... 35920 212...... 34678 125...... 31848 32...... 35490 207...... 35920 261...... 34678 127...... 31848 29 CFR 1250...... 35127 Proposed Rules: 20 CFR 121...... 35963 2590...... 35942 37 CFR 404 ...... 33681, 33683, 35926 4022...... 33860 14 CFR 405...... 35926 4044...... 33860 Proposed Rules: 416 ...... 33681, 33683, 35926, 1...... 34681 Proposed Rules: 25 ...... 32633, 32635, 32636, 36203 370...... 33491 32637, 32639, 32640, 32642, 10...... 34568 33043, 33669, 33673, 33674, 21 CFR 825...... 36445 38 CFR 33675, 33677, 34215 1910...... 32199 3...... 32653 39 ...... 31849, 31851, 31855, 17...... 32643 2550...... 31893 73...... 33431 Proposed Rules: 31897, 32859, 33045, 33048, 38...... 36273 33050, 33052, 33054, 33679, 106...... 33056, 33057 30 CFR 34403, 34406, 35033, 35035, 107...... 33057 934...... 32645 39 CFR 310...... 33072 35037, 35479, 35481, 35485, 944...... 32648 111...... 32490, 35288 36387 314...... 33072 317...... 32464 Proposed Rules: 775...... 33095 71 ...... 32440, 32441, 32861, 7...... 31895 329...... 33072 3001...... 33390 32862, 33850, 34217, 35279, 75...... 31895 600...... 33072 3010...... 33820 36199 1206...... 35102 872...... 34623 91...... 36172 1210...... 35102 40 CFR 878 ...... 31205, 31859, 34222 93...... 35488 Ch. I ...... 31566 95...... 36389 Proposed Rules: 31 CFR 49...... 34231 Ch. I ...... 34668 97 ...... 33420, 33421, 33426, 10...... 34568 52 ...... 32873, 33097, 33101, 33430 860...... 33711 33107, 33116, 33438, 34240, 121...... 32157 882...... 33712 32 CFR 34432, 34435, 34441, 35050, 1100...... 35711 Proposed Rules: 989...... 35286 35693, 35695, 35956, 36218, 25...... 31886, 33140 1140...... 35711 36220, 36419 1143...... 35711 39 ...... 31229, 31231, 31233, 33 CFR 62...... 33456 31888, 32195, 32197, 32500, 80...... 34242 22 CFR 100 ...... 32164, 32863, 34413, 32881, 33484, 35099, 35966, 141...... 35081, 36428 35492, 35681, 35948, 36207, 35968, 36440, 36442 9...... 35935 180 ...... 32169, 32662, 32666, 36399 71 ...... 31236, 32883, 34453, 34...... 35282 33458, 33465, 33469, 34629 117 ...... 31865, 32864, 33695, 35702 42...... 32481 260...... 36220 33696, 33862, 33863, 34226, 77...... 33145 121...... 36393 261...... 35290, 36220 34227, 34228, 34415, 34416, 123...... 36393 300 ...... 32490, 32673, 34633, 15 CFR 34417, 34419, 35043, 35287, 126...... 36393 36429 35682, 36400 730...... 32441 235...... 35283 711...... 35096 140...... 36401 736...... 32612 721...... 34634 738...... 32612 23 CFR 146...... 36401 761...... 33867 165 ...... 31220, 31865, 31868, 740...... 32612 450...... 31214 Proposed Rules: 32167, 32482, 32484, 32486, 742...... 32612, 34408 49...... 32502 Proposed Rules: 32487, 32866, 32867, 32868, 744 ...... 32441, 32612, 34217, 51...... 32892 450...... 31784 32871, 33696, 33699, 33700, 36199 52 ...... 32200, 33159, 34272, 33702, 33703, 34229, 34230, 746...... 32612 24 CFR 34479, 34480, 35712, 36277 748...... 32612, 34221 34231, 34420, 34422, 34424, 5...... 35940, 36146 60 ...... 31901, 34830, 34960 750...... 32612 34425, 34427, 34428, 34626, 30...... 35041 110...... 35712 754...... 34408 34627, 35043, 35046, 35048, 35...... 35041 112...... 35712 758...... 32612, 34217 35495, 35684, 35687, 35688, 943...... 35940 116...... 35712 762...... 32612 35690, 36209, 36210, 36213, 982...... 35940, 36146 117...... 35712 772...... 32612 36215, 36405, 36409, 36412, 983...... 36146 122...... 35712 774...... 32612, 34408 36414, 36416 1710...... 34224 190...... 32521 902...... 35957 168...... 33864 1715...... 34224 230...... 35712 922...... 33851 334...... 35049 1720...... 34224 232...... 35712 997...... 32449 Proposed Rules: 3280...... 31861 300...... 32689, 35712 100...... 32886 302...... 35712 16 CFR 3400...... 34224 165 ...... 31895, 32889, 34669, 3500...... 34224 312...... 34480 300...... 32157 34674 401...... 35712 328...... 35712 Proposed Rules: 25 CFR 766...... 34484 305...... 34642 34 CFR 306...... 31891 Proposed Rules: 41 CFR 169...... 34455 Ch. II ...... 34428 102–117...... 33474 17 CFR Ch. III...... 32487, 33092, 35951, 102–192...... 33477 26 CFR 232...... 35280 35954 Proposed Rules: Proposed Rules: 1 ...... 31863, 32644, 36204 Ch. VI ...... 31870, 32651, 33432 300–3...... 36279 1...... 31238 31...... 31219, 36204 600...... 35692 200...... 36443 54...... 35942 Proposed Rules: 42 CFR 420...... 33145 301...... 34625, 36204 Ch. III...... 31898, 33486, 35121 412...... 34444 Proposed Rules: 369...... 35502 18 CFR 1 ...... 31892, 31893, 32687 371...... 35502 43 CFR 40...... 35911 301...... 34668 668...... 35418 10...... 33482

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Proposed Rules: 54...... 33705, 34639 Proposed Rules: 217...... 32678 4...... 35129 63...... 31873 2...... 33164 224...... 31222, 34245 50...... 35296 64...... 33709, 35956 7...... 33164 229...... 36586 73...... 33118 12...... 33164 300...... 35957 44 CFR 97...... 35290 46...... 33164 622 ...... 32496, 32497, 32498, 52...... 33164 64...... 32876 Proposed Rules: 32878, 34246, 35292 212...... 32522, 35713 67...... 33868 1...... 31247 635...... 31227 225...... 35713 Proposed Rules: 2...... 31247 648 ...... 32170, 34251, 35293, 229...... 35715 67...... 33878, 33879 20...... 33163 36433 235...... 35717 660...... 34269, 36239 90...... 31247 237...... 32522, 35717 45 CFR 679 ...... 35495, 35958, 36436 95...... 31247 252 ...... 32522, 35507, 35713, 18...... 32170 96...... 31247 35715, 35717 Proposed Rules: 147...... 35942 16...... 35719 153...... 36431 49 CFR 17 ...... 31901, 32900, 33169, 48 CFR 160...... 36432 383...... 32491 34685, 35303, 35509 Ch. 1...... 35858, 35867 20...... 32418 46 CFR 390...... 32491 2...... 35859 613...... 31214 29...... 32903 Proposed Rules: 7...... 35859 1510...... 35462, 36432 223...... 36281 356...... 33160 11...... 35859 Proposed Rules: 224...... 36281 19...... 35864 571...... 32211 300...... 32903 47 CFR 23...... 35859 613...... 31784 402...... 36284 1 ...... 31873, 32366, 36231 31...... 35865 424...... 36284 2...... 32366 39...... 35859 50 CFR 622...... 31907 22...... 35290 52...... 35859 17 ...... 31878, 32126, 32677, 648...... 33879, 35141 27...... 32366 202...... 35699 33119, 35870 660...... 34272 36...... 36232 217...... 35699 23...... 32677 679 ...... 31914, 32525, 33889, 43...... 36231 237...... 35700 100...... 35232 34696, 35971

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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 June 12, 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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