Federal Register Vol. 80, No.110,

Federal Register Volume 80, Issue 110 (June 9, 2015)

Page Range32439-32853
FR Document

80_FR_110
Current View
Page and SubjectPDF
80 FR 32551 - Federal Need Analysis Methodology for the 2016-17 Award Year-Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, William D. Ford Federal Direct Loan, Iraq and Afghanistan Service Grant and TEACH Grant ProgramsPDF
80 FR 32512 - Seafarers' Access to Maritime FacilitiesPDF
80 FR 32853 - Suspension of Limitations Under the Jerusalem Embassy ActPDF
80 FR 32851 - Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012PDF
80 FR 32847 - Delegation of Authority Pursuant to Section 302(b) of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014PDF
80 FR 32635 - Sunshine Act Meeting NoticePDF
80 FR 32638 - Sunshine Act MeetingPDF
80 FR 32613 - Sunshine Act MeetingPDF
80 FR 32614 - Mass Digitization Pilot Program; Request for CommentsPDF
80 FR 32593 - Notice of Intent To Repatriate Cultural Items: U.S. Department of Agriculture, Forest Service, Ozark-St. Francis National Forests, Russellville, ARPDF
80 FR 32603 - Notice of Intent To Repatriate Cultural Items: Palm Springs Art Museum, Palm Springs, CAPDF
80 FR 32592 - Notice of Inventory Completion: U.S. Department of the Interior, National Park Service, Glen Canyon National Recreation Area, Page, AZPDF
80 FR 32595 - Notice of Inventory Completion: U.S. Army Corps of Engineers, St. Louis District, Mark Twain Lake, MOPDF
80 FR 32599 - Notice of Inventory Completion: History Colorado, Formerly Colorado Historical Society, Denver, COPDF
80 FR 32468 - Safety Zone; Southern California Annual Firework Events for the San Diego Captain of the Port ZonePDF
80 FR 32602 - Notice of Inventory Completion: U.S. Department of the Interior, National Park Service, Petrified Forest National Park, Petrified Forest, AZ; CorrectionPDF
80 FR 32557 - Notice of Commission Staff AttendancePDF
80 FR 32559 - Agency Information Collection Activities; Renewal of a Currently Approved Collection; Comment Request; Prohibition on Funding of Unlawful Internet GamblingPDF
80 FR 32467 - Safety Zones; Fireworks Events in Captain of the Port New York ZonePDF
80 FR 32601 - Notice of Inventory Completion: U.S. Department of the Interior, National Park Service, Everglades National Park, Homestead, FLPDF
80 FR 32600 - Notice of Intent To Repatriate Cultural Items: Longyear Museum of Anthropology, Colgate University, Hamilton, NYPDF
80 FR 32637 - Proposed Collection; Comment RequestPDF
80 FR 32636 - Agency Forms Submitted for OMB Review, Request for CommentsPDF
80 FR 32541 - Patent Review and Derivation ProceedingsPDF
80 FR 32539 - Matters Related to First Inventor To FilePDF
80 FR 32537 - Submission for OMB Review; Comment Request; “Third-Party Submissions and Protests”PDF
80 FR 32466 - Special Local Regulation; Annual Marine Events on the Colorado River, Between Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona) Within the San Diego Captain of the Port ZonePDF
80 FR 32538 - Submission for OMB Review; Comment Request; “Post Registration (Trademark Processing)”PDF
80 FR 32440 - Special Conditions: CFM International, LEAP-1A and -1C Engine Models; Incorporation of Woven Composite Fan BladesPDF
80 FR 32540 - Submission for OMB Review; Comment Request; “Trademark Petitions”PDF
80 FR 32635 - Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and Social Security AdministrationPDF
80 FR 32545 - Applications for New Awards; Skills for Success ProgramPDF
80 FR 32527 - Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 32528 - Aluminum Extrusions From the People's Republic of China: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Countervailing Duty Administrative Review; 2013PDF
80 FR 32560 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 32609 - Amended Notice of Lodging of Proposed First Amendment To Consent Decree Under the Clean Water Act (“CWA”)PDF
80 FR 32534 - Narrow Woven Ribbon With Woven Selvedge From the People's Republic of China: Preliminary Results of Administrative Review; 2013-2014PDF
80 FR 32558 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
80 FR 32544 - Defense Policy Board; Notice of Federal Advisory Committee MeetingPDF
80 FR 32533 - Saccharin From the People's Republic of China: Revocation of the Antidumping Duty OrderPDF
80 FR 32467 - Drawbridge Operation Regulation; China Basin, San Francisco, CAPDF
80 FR 32615 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 32525 - Notice of Availability of Proposed Changes to Section I of the Louisiana Field Office Technical Guide for Public Review and CommentPDF
80 FR 32573 - National Institute on Drug Abuse; Notice of Webinar MeetingPDF
80 FR 32564 - Submission for OMB Review; Comment RequestPDF
80 FR 32552 - Notice of Filing of Self-Certification of Coal Capability Under the Powerplant and Industrial Fuel Use ActPDF
80 FR 32571 - Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Prominent and Conspicuous Mark of Manufacturers on Single-Use DevicesPDF
80 FR 32572 - Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Evaluation of the Food and Drug Administration's `Fresh Empire' Multicultural Youth Tobacco Prevention CampaignPDF
80 FR 32565 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research-Advanced Rehabilitation Research Training ProgramPDF
80 FR 32570 - Agency Information Collection Activities: Submission for OMB Review; Comment Request; Protection and Advocacy for Assistive Technology (PAAT) Program Performance ReportPDF
80 FR 32640 - Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940PDF
80 FR 32570 - Proposed Information Collection Activity; Comment Request; Protection and Advocacy Statement of Goals and PrioritiesPDF
80 FR 32487 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Trap Transfer Program ImplementationPDF
80 FR 32478 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Recreational Accountability Measure and Closure for Blueline Tilefish in the South Atlantic RegionPDF
80 FR 32524 - Notice of Intent To Request Revision and Extension of a Currently Approved Information CollectionPDF
80 FR 32574 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 32578 - National Institute on Minority Health and Health Disparities; Notice of Closed MeetingPDF
80 FR 32577 - National Cancer Institute; Amended Notice of MeetingPDF
80 FR 32573 - National Human Genome Research Institute; Notice of Closed MeetingsPDF
80 FR 32577 - National Institute on Aging; Notice of Closed MeetingPDF
80 FR 32574 - National Institute on Aging; Notice of Closed MeetingPDF
80 FR 32578 - National Institute of General Medical Sciences; Notice of Closed MeetingsPDF
80 FR 32575 - National Institute of General Medical Sciences; Notice of Closed MeetingPDF
80 FR 32576 - Office of the Director, National Institutes of Health; Notice of MeetingPDF
80 FR 32616 - Committee on Equal Opportunities in Science and Engineering; Notice of MeetingPDF
80 FR 32589 - The Third United Nations Conference on Housing and Sustainable Urban Development, Solicitation of Expressions of Interest From Technical Experts and Organizations to Co-Lead Policy UnitsPDF
80 FR 32565 - Submission for OMB Review; Comment RequestPDF
80 FR 32655 - Application of Menagerie Enterprises, Inc. d/b/a Monarch Air for Commuter Air Carrier AuthorityPDF
80 FR 32604 - Notice of Availability and Notice of Public Hearings for the Draft Environmental Impact Statement/Environmental Impact Report for the Mendota Pool Bypass and Reach 2B Improvements ProjectPDF
80 FR 32654 - Request for OMB Clearance of a New Information Collection; New Information Collection: Women and Girls in Transportation Initiative lntemship Volunteer ProgramPDF
80 FR 32649 - Notice of Funding Availability for the Small Business Transportation Resource Center ProgramPDF
80 FR 32543 - National Commission on the Future of the Army; Notice of Federal Advisory Committee MeetingPDF
80 FR 32606 - Certain Corrosion-Resistant Steel Products From China, India, Italy, Korea, and Taiwan; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase InvestigationsPDF
80 FR 32571 - Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Risk and Benefit Perception Scale DevelopmentPDF
80 FR 32606 - Certain Steel Nails From Korea, Malaysia, Oman, and Taiwan; Termination of InvestigationsPDF
80 FR 32554 - Combined Notice of FilingsPDF
80 FR 32555 - Panda Liberty LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 32557 - Combined Notice of Filings #1PDF
80 FR 32591 - Notice of Public Meeting; Central Montana Resource Advisory CouncilPDF
80 FR 32480 - Fisheries of the Northeastern United States; Special Management Zones for Delaware Artificial ReefsPDF
80 FR 32581 - Kentucky; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
80 FR 32581 - Texas; Major Disaster and Related DeterminationsPDF
80 FR 32622 - Standard Format and Content of Transportation Security Plans for Classified Matter ShipmentsPDF
80 FR 32552 - Dillon Power, LLC; Supplemental Notice that Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 32556 - Balko Wind Transmission, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 32556 - Combined Notice of Filings #2PDF
80 FR 32553 - Combined Notice of Filings #1PDF
80 FR 32586 - Changes in Flood Hazard DeterminationsPDF
80 FR 32581 - Changes in Flood Hazard DeterminationsPDF
80 FR 32579 - Proposed Flood Hazard DeterminationsPDF
80 FR 32588 - Notice of Availability for the First Responder Guidance for Improving Survivability in Improvised Explosive Device and/or Active Shooter IncidentsPDF
80 FR 32588 - Notice of Intent To Delete a System of RecordsPDF
80 FR 32535 - National Conference on Weights and Measures 100th Annual MeetingPDF
80 FR 32648 - Texas Disaster #TX-00448PDF
80 FR 32691 - Medicare Program; Medicare Shared Savings Program: Accountable Care OrganizationsPDF
80 FR 32648 - Texas Disaster #TX-00447PDF
80 FR 32647 - Data Collection Available for Public CommentsPDF
80 FR 32465 - Fisheries off West Coast States; Highly Migratory Fisheries; California Swordfish Drift Gillnet Fishery; Vessel Monitoring System RequirementsPDF
80 FR 32612 - Federal Advisory Council on Occupational Safety and Health (FACOSH)PDF
80 FR 32572 - Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment RequestPDF
80 FR 32558 - Radio Broadcasting Services; AM or FM Proposals To Change The Community of LicensePDF
80 FR 32526 - Notice of Intent to Accept Applications To Be an Intermediary Under the Certified Loan Application Packaging Process Within the Section 502 Direct Single Family Housing ProgramPDF
80 FR 32561 - Office of Mission Assurance; Information Collection; Background Investigations for Child Care WorkersPDF
80 FR 32524 - Submission for OMB Review; Comment RequestPDF
80 FR 32579 - Accreditation and Approval of Bennett Testing Service, Inc., as a Commercial Gauger and LaboratoryPDF
80 FR 32439 - Water Bank ProgramPDF
80 FR 32594 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 32537 - Center for Independent Experts; Public MeetingPDF
80 FR 32478 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna FisheriesPDF
80 FR 32638 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule to Modify Certain of Its Posting CreditsPDF
80 FR 32641 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Representation Regarding the AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF's Holdings of American Depositary ReceiptsPDF
80 FR 32644 - Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide an Expedited Process for Former Equity Trading Permit Holders To Apply for Reinstatement and Register Associated PersonsPDF
80 FR 32562 - Physician-focused Payment Model Technical Advisory Committee Nomination LettersPDF
80 FR 32464 - Amendment of VOR Federal Airways; Northeastern United StatesPDF
80 FR 32610 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Reinstatement, With Change, of a Previously Approved Collection for Which Approval has Expired; 2016/2018 Identity Theft Supplement (ITS)PDF
80 FR 32615 - National Space-Based Positioning, Navigation, and Timing (PNT) Advisory Board; Charter RenewalPDF
80 FR 32609 - Notice of Extension of Public Comment Period for Proposed Consent Decree Under the Clean Air ActPDF
80 FR 32605 - Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof; Institution of InvestigationPDF
80 FR 32607 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Proposed Collection: Extension of Currently Approved Collection; Survey: National Corrections Reporting ProgramPDF
80 FR 32575 - National Institute of Neurological Disorders and Stroke: Notice of Closed MeetingsPDF
80 FR 32575 - Center for Scientific Review: Notice of Closed MeetingsPDF
80 FR 32578 - National Heart, Lung, and Blood Institute: Notice of Closed MeetingPDF
80 FR 32576 - National Heart, Lung, and Blood Institute: Notice of Closed MeetingsPDF
80 FR 32576 - Eunice Kennedy Shriver National Institute of Child Health and Human Development: Notice of Closed MeetingPDF
80 FR 32579 - Eunice Kennedy Shriver National Institute of Child Health and Human Development: Notice of Closed MeetingPDF
80 FR 32611 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Approval for New Collection FBI National Academy: United States Holocaust Memorial's Law Enforcement and Society QuestionnairePDF
80 FR 32562 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 32522 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions InventoryPDF
80 FR 32474 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions InventoryPDF
80 FR 32469 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Decommissioning of Stage II Vapor Recovery Systems and Amending Stage I Vapor Recovery RequirementsPDF
80 FR 32590 - Notice of Availability of a Proposed Land Use Plan Amendment and Final Environmental Impact Statement and Final Environmental Impact Report for the Proposed Soda Mountain Solar Project, San Bernardino County, CAPDF
80 FR 32510 - Airworthiness Directives; British Aerospace Regional Aircraft AirplanesPDF
80 FR 32508 - Airworthiness Directives; MD Helicopters Inc.PDF
80 FR 32458 - Airworthiness Directives; Bell Helicopter Textron Canada LimitedPDF
80 FR 32456 - Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) HelicoptersPDF
80 FR 32460 - Airworthiness Directives; Sikorsky Aircraft Corporation (Type Certificate Previously Held by Schweizer Aircraft Corporation) HelicoptersPDF
80 FR 32445 - Airworthiness Directives; Agusta S.p.A. (Agusta) HelicoptersPDF
80 FR 32461 - Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Model HelicoptersPDF
80 FR 32532 - Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Rescission of the Countervailing Duty Administrative Review; 2013PDF
80 FR 32624 - Biweekly Notice: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
80 FR 32513 - Schedule for Rating Disabilities; The Organs of Special Sense and Schedule of Ratings-EyePDF
80 FR 32493 - Hardwood Lumber and Hardwood Plywood Promotion, Research and Information OrderPDF
80 FR 32488 - Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Referendum ProceduresPDF
80 FR 32477 - Acceptance and Approval of Non-Governmental Developed Test Procedures, Test Tools, and Test Data for Use Under the ONC Health IT Certification ProgramPDF
80 FR 32472 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment StandardsPDF
80 FR 32451 - Airworthiness Directives; Agusta S.p.A. HelicoptersPDF
80 FR 32441 - Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company AirplanesPDF
80 FR 32453 - Airworthiness Directives; ATR-GIE Avions de Transport Régional AirplanesPDF
80 FR 32616 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards InformationPDF
80 FR 32657 - Minimum Requirements for Appraisal Management CompaniesPDF
80 FR 32449 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF

Issue

80 110 Tuesday, June 9, 2015 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order: Referendum Procedures, 32488-32492 2015-13646 Hardwood Lumber and Hardwood Plywood Promotion: Research and Information Order, 32493-32508 2015-13719 Agriculture Agriculture Department See

Agricultural Marketing Service

See

National Agricultural Statistics Service

See

Natural Resources Conservation Service

See

Rural Housing Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32524 2015-13994
Consumer Financial Protection Bureau of Consumer Financial Protection RULES Minimum Requirements for Appraisal Management Companies, 32658-32689 2015-12719 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32562-32564 2015-13955 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations, 32692-32845 2015-14005 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32564-32565 2015-14034 2015-14060 Applications for New Awards: National Institute on Disability, Independent Living, and Rehabilitation Research--Advanced Rehabilitation Research Training Program, 32565-32570 2015-14054 Coast Guard Coast Guard RULES Drawbridge Operations: China Basin, San Francisco, CA, 32467 2015-14067 Safety Zones: Fireworks Events in Captain of the Port New York Zone, 32467-32468 2015-14103 Southern California Annual Firework Events for the San Diego Captain of the Port Zone, 32468-32469 2015-14068 2015-14109 Special Local Regulations: Annual Marine Events on the Colorado River between Davis Dam and Headgate Dam within the San Diego Captain of the Port Zone, 32466-32467 2015-14086 PROPOSED RULES Seafarers' Access to Maritime Facilities, 32512 C1--2015--12657 Commerce Commerce Department See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Protection and Advocacy for Assistive Technology Program Performance Report, 32570 2015-14053 Protection and Advocacy Statement of Goals and Priorities, 32570-32571 2015-14050 Comptroller Comptroller of the Currency RULES Minimum Requirements for Appraisal Management Companies, 32658-32689 2015-12719 Copyright Office Copyright Office, Library of Congress NOTICES Inquiries: Mass Digitization Pilot Program, 32614-32615 2015-14116 Defense Department Defense Department NOTICES Meetings: Defense Policy Board, 32544-32545 2015-14070 National Commission on the Future of the Army, 32543-32544 2015-14029 Education Department Education Department NOTICES Applications for New Awards: Skills for Success Program, 32545-32551 2015-14081 Federal Need Analysis Methodology for the 2016-17 Award Years: Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, William D. Ford Federal Direct Loan, Iraq and Afghanistan Service Grant and TEACH Grant Programs, 32551-32552 C1--2015--12803 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Filings: Self-Certification of Coal Capability Under the Powerplant and Industrial Fuel Use Act, 32552 2015-14059
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Biomass Fuel-Burning Equipment Standards, 32472-32474 2015-13425 Pennsylvania; 2011 Lead Base Year Emissions Inventory, 32474-32477 2015-13945 Rhode Island; Decommissioning of Stage II Vapor Recovery Systems and Amending Stage I Vapor Recovery Requirements, 32469-32472 2015-13944 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; 2011 Lead Base Year Emissions Inventory, 32522-32523 2015-13946 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. (Agusta) Helicopters, 32445-32449 2015-13845 Agusta S.p.A. Helicopters, 32451-32453 2015-13343 Airbus Helicopters (Previously Eurocopter France) Helicopters, 32456-32458 2015-13851 ATR-GIE Avions de Transport Regional Airplanes, 32453-32456 2015-13319 Bell Helicopter Textron Canada Limited, 32458-32460 2015-13852 Bombardier, Inc. Airplanes, 32449-32451 2015-11389 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 32441-32445 2015-13325 Sikorsky Aircraft Corp. (Sikorsky) Model Helicopters, 32461-32464 2015-13844 Sikorsky Aircraft Corp. (Type Certificate Previously held by Schweizer Aircraft Corp.) Helicopters, 32460-32461 2015-13846 Amendment of VOR Federal Airways: Northeastern United States, 32464-32465 2015-13980 Special Conditions: CFM International, LEAP-1A and -1C Engine Models; Incorporation of Woven Composite Fan Blades, 32440-32441 2015-14084 PROPOSED RULES Airworthiness Directives: British Aerospace Regional Aircraft Airplanes, 32510-32512 2015-13918 MD Helicopters Inc., 32508-32510 2015-13853 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32558-32559 2015-14071 Radio Broadcasting Services; AM or FM Proposals to Change the Community of License, 32558 2015-13999 Federal Deposit Federal Deposit Insurance Corporation RULES Minimum Requirements for Appraisal Management Companies, 32658-32689 2015-12719 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 32581-32588 2015-14012 2015-14013 Major Disaster and Related Determinations: Texas, 32581 2015-14019 Major Disaster Declarations: Kentucky; Amendment No. 1, 32581 2015-14020 Proposed Flood Hazard Determinations, 32579-32580 2015-14011 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 32553-32557 2015-14014 2015-14015 2015-14023 2015-14025 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Balko Wind Transmission, LLC, 32556 2015-14016 Dillon Power, LLC, 32552 2015-14017 Panda Liberty LLC, 32555-32556 2015-14024 Staff Attendances, 32557-32558 2015-14106 Federal Housing Finance Agency Federal Housing Finance Agency RULES Minimum Requirements for Appraisal Management Companies, 32658-32689 2015-12719 Federal Reserve Federal Reserve System RULES Minimum Requirements for Appraisal Management Companies, 32658-32689 2015-12719 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Funding of Unlawful Internet Gambling, 32559-32560 2015-14104 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 32560-32561 2015-14075 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Evaluation of the Food and Drug Administration's 'Fresh Empire' Multicultural Youth Tobacco Prevention Campaign, 32572 2015-14056 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prominent and Conspicuous Mark of Manufacturers on Single-Use Devices, 32571-32572 2015-14057 Risk and Benefit Perception Scale Development, 32571 2015-14027 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Mission Assurance; Background Investigations for Child Care Workers, 32561-32562 2015-13995 Government Accountability Government Accountability Office NOTICES Letters of Nominations of Candidates: Physician-focused Payment Model Technical Advisory Committee, 32562 2015-13983 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Community Living Administration

See

Food and Drug Administration

See

National Institutes of Health

RULES Acceptance and Approval of Non-Governmental Developed Test Procedures, Test Tools, and Test Data for Use under the ONC Health IT Certification Program, 32477 2015-13510 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32572-32573 2015-14000
Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

U.S. Customs and Border Protection

NOTICES Guidance: Improving Survivability in Improvised Explosive Device and/or Active Shooter Incidents, 32588-32589 2015-14010 Privacy Act; Systems of Records, 32588 2015-14009
Housing Housing and Urban Development Department NOTICES United Nations Conference on Housing and Sustainable Urban Development; Solicitation of Interest; Co-Lead Policy Units, 32589-32590 2015-14035 Interior Interior Department See

Land Management Bureau

See

National Park Service

See

Reclamation Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 32528-32532 2015-14076 Certain New Pneumatic Off-The-Road Tires from the People's Republic of China, 32532-32533 2015-13830 Certain Steel Nails from the United Arab Emirates, 32527-32528 2015-14078 Narrow Woven Ribbon with Woven Selvedge from the People's Republic of China, 32534-32535 2015-14073 Saccharin from the People's Republic of China, 32533-32534 2015-14069 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan, 32606-32607 2015-14028 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof, 32605-32606 2015-13973 Certain Steel Nails from Korea, Malaysia, Oman, and Taiwan, 32606 2015-14026 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2016/2018 Identity Theft Supplement, 32610-32611 2015-13978 FBI National Academy; United States Holocaust Memorial's Law Enforcement and Society Questionnaire, 32611 2015-13957 Survey--National Corrections Reporting Program, 32607-32609 2015-13968 Consent Decrees under the Clean Water Act, 32609 2015-14074 Proposed Consent Decrees under the Clean Air Act, 32609-32610 2015-13976 Labor Department Labor Department See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Soda Mountain Solar Project, San Bernardino County, CA; Proposed Land Use Plan Amendment, 32590-32591 2015-13925 Meetings: Central Montana Resource Advisory Council, 32591-32592 2015-14022 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 32613 2015-14130 Library Library of Congress See

Copyright Office, Library of Congress

NASA National Aeronautics and Space Administration NOTICES Charter Renewals: National Space-Based Positioning, Navigation, and Timing Advisory Board, 32615 2015-13977 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32524-32525 2015-14047 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32615-32616 2015-14064 National Institute National Institute of Standards and Technology NOTICES Meetings: National Conference on Weights and Measures, 32535-32537 2015-14007 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 32574-32576 2015-13962 2015-14046 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 32576, 32579 2015-13958 2015-13959 National Cancer Institute; Amendments, 32577-32578 2015-14042 2015-14044 National Heart, Lung, and Blood Institute, 32576, 32578 2015-13960 2015-13961 National Human Genome Research Institute, 32573-32574 2015-14043 National Institute of General Medical Sciences, 32575, 32578 2015-14038 2015-14039 National Institute of Neurological Disorders and Stroke, 32575 2015-13963 National Institute on Aging, 32574, 32577 2015-14040 2015-14041 National Institute on Drug Abuse; Webinar, 32573 2015-14062 National Institute on Minority Health and Health Disparities, 32578 2015-14045 Office of the Director, 32576-32577 2015-14037 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Coastal Fisheries Cooperative Management Act Provisions: American Lobster Fishery; Trap Transfer Program Implementation, 32487 2015-14049 Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; Closure, 32478-32479 2015-13988 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2015 Recreational Accountability Measure and Closure for Blueline Tilefish in the South Atlantic Region, 32478 2015-14048 Fisheries of the Northeastern United States: Special Management Zones for Delaware Artificial Reefs, 32480-32487 2015-14021 Fisheries off West Coast States: Highly Migratory Fisheries; California Swordfish Drift Gillnet Fishery; Vessel Monitoring System Requirements, 32465-32466 2015-14002 NOTICES Meetings: Center for Independent Experts, 32537 2015-13989 National Park National Park Service NOTICES Inventory Completions: Army Corps of Engineers, St. Louis District, Mark Twain Lake, MO, 32595-32599 2015-14111 Department of the Interior, National Park Service, Everglades National Park, Homestead, FL, 32601-32602 2015-14099 Department of the Interior, National Park Service, Glen Canyon National Recreation Area, Page, AZ, 32592-32593 2015-14112 Department of the Interior, National Park Service, Petrified Forest National Park, Petrified Forest, AZ; Correction, 32602-32603 2015-14108 History Colorado, Formerly Colorado Historical Society, Denver, CO, 32599-32600 2015-14110 National Register of Historic Places: Pending Nominations and Related Actions, 32594-32595 2015-13991 Repatriation of Cultural Items: Department of Agriculture, Forest Service, Ozark-St. Francis National Forests, Russellville, AR, 32593-32594 2015-14115 Palm Springs Art Museum, Palm Springs, CA, 32603 2015-14114 Repatriations of Cultural Items: Longyear Museum of Anthropology, Colgate University, Hamilton, NY, 32600-32601 2015-14098 National Science National Science Foundation NOTICES Meetings: Committee on Equal Opportunities in Science and Engineering, 32616 2015-14036 National Resources Natural Resources Conservation Service RULES Water Bank Program, 32439-32440 2015-13992 NOTICES Changes to Section I of the Louisiana Field Office Technical Guide, 32525-32526 2015-14063 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 32616-32622, 32624-32634 2015-12783 2015-13815 Meetings; Sunshine Act, 32635 2015-14162 Regulatory Guides: Standard Format and Content of Transportation Security Plans for Classified Matter Shipments, 32622-32623 2015-14018 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Federal Advisory Council on Occupational Safety and Health, 32612-32613 2015-14001 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Matters Related to First Inventor to File, 32539-32540 2015-14093 Patent Review and Derivation Proceedings, 32541-32543 2015-14094 Post Registration (Trademark Processing), 32538-32539 2015-14085 Third-party Submissions and Protests, 32537-32538 2015-14090 Trademark Petitions, 32540-32541 2015-14083 Personnel Personnel Management Office NOTICES Privacy Act; Computer Matching Program, 32635-32636 2015-14082 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense and National Security: National Defense Authorization Act for Fiscal Year 2012 (Presidential Determination No. 2015-06 of May 19, 2015), 32851 2015-14250 Jerusalem Embassy Act; Suspension of Limitations (Presidential Determination No. 2015-07 of June 3, 2015), 32853 2015-14251 Sean and David Goldman International Child Abduction Prevention and Return Act of 2014; Delegation of Authority (Memorandum of May 7, 2015), 32847-32849 2015-14249 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32636-32638 2015-14096 2015-14097 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Mendota Pool Bypass and Reach 2B Improvements Project; Public Hearings, 32604-32605 2015-14032 Rural Housing Service Rural Housing Service NOTICES Requests for Applications: Intermediaries under the Certified Loan Application Packaging Process; Direct Single Family Housing Program, 32526-32527 2015-13996 Securities Securities and Exchange Commission NOTICES Applications for Deregistration under the Investment Company Act, 32640-32641 2015-14052 Meetings; Sunshine Act, 32638 2015-14137 Self-Regulatory Organizations; Proposed Rule Changes: National Stock Exchange, Inc., 32644-32647 2015-13985 NYSE Arca, Inc., 32638-32644 2015-13986 2015-13987 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32647-32648 2015-14003 Disaster Declarations: Texas, 32648-32649 2015-14004 2015-14006 Transportation Department Transportation Department See

Federal Aviation Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Women and Girls in Transportation Initiative lntemship Volunteer Program, 32654-32655 2015-14031 Application of Menagerie Enterprises, Inc. d/b/a Monarch Air for Commuter Air Carrier Authority, 32655-32656 2015-14033 Funding Availability: Small Business Transportation Resource Center Program, 32649-32654 2015-14030
Treasury Treasury Department See

Comptroller of the Currency

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Funding of Unlawful Internet Gambling, 32559-32560 2015-14104
Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval as a Commercial Gauger and Laboratory: Bennett Testing Service, Inc., 32579 2015-13993 Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities: Organs of Special Sense and Schedule of Ratings - Eye, 32513-32522 2015-13788 Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 32658-32689 2015-12719 Federal Deposit Insurance Corporation, 32658-32689 2015-12719 Federal Housing Finance Agency, 32658-32689 2015-12719 Federal Reserve System, 32658-32689 2015-12719 Treasury Department, Comptroller of the Currency, 32658-32689 2015-12719 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 32692-32845 2015-14005 Part IV Presidential Documents, 32847-32849, 32851, 32853 2015-14250 2015-14251 2015-14249 Reader Aids

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80 110 Tuesday, June 9, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 633 [Docket No. NRCS-2014-0017] RIN 0578-AA16 Water Bank Program AGENCY:

Natural Resources Conservation Service, Department of Agriculture.

ACTION:

Final rule.

SUMMARY:

The Natural Resources Conservation Service (NRCS) is amending the Water Bank Program (WBP) regulations to clarify that lands owned by Indian Tribes are eligible for enrollment. As a non-controversial change to an existing regulation, NRCS is issuing this amendment as a final rule.

DATES:

This rule is effective June 9, 2015.

FOR FURTHER INFORMATION CONTACT:

Mark Rose, Financial Assistance Programs Division, NRCS, Post Office Box 2890, Washington, DC 20113; telephone: (202) 720-1844; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion: NRCS implements WBP in accordance with 16 U.S.C. 1301 et seq. (the Water Bank Act). The purpose of the program is to conserve water, preserve and improve the condition of migratory waterfowl habitat and other wildlife resources, and secure other wildlife benefits through 10-year land use agreements with landowners and operators in important migratory waterfowl nesting and breeding areas. Unlike other Federal wetland laws, the Water Bank Act defines wetlands in accordance with Department of the Interior Circular 39, “Wetlands of the United States.” WBP agreements encompass inland fresh wetland areas (types 1 through 7) as described in Circular 39, artificially developed inland fresh water areas that meet the description of inland fresh wetland areas (types 1 through 7), and other wetland types designated by the Secretary.

Pursuant to 7 U.S.C. 6962(b)(1), NRCS assumed responsibility for administering WBP and promulgated in September 1997 the current regulations at 7 CFR part 633 for implementation of WBP under NRCS. The current WBP regulation limits enrollment to “privately-owned” wetlands only. However, the term “privately-owned” is not defined in the regulation and such limitation is not required by statute.

Since Tribal lands are a distinct category of land, NRCS is revising its regulations to clarify that “privately-owned” wetlands include lands owned by Indian Tribes, and are therefore eligible for enrollment. NRCS believes that issuance of a final rule without a public comment period is appropriate because this is a non-controversial change to an existing regulation to remove a current impediment to providing assistance to Indian Tribes and their members.

Tribal lands are an important component of the wetland landscape in States where NRCS currently offers enrollment (Minnesota, North Dakota, and South Dakota). Therefore, to ensure WBP is meeting its program purposes, consistent with statute, NRCS is revising the regulation to identify Tribal lands as eligible for enrollment.

Regulatory Certifications

Executive Order 12866: This document does not meet the criteria for a significant regulatory action as specified in Executive Order 12866.

Regulatory Flexibility Act: It has been determined that the Regulatory Flexibility Act is not applicable to this rule because NRCS is not required by 5 U.S.C. 553, or any other provision of law, to publish a notice of proposed rule-making with respect to the subject matter of this rule.

Paperwork Reduction Act: No substantive changes have been made in this final rule which affect the recordkeeping requirements and estimated burdens previously reviewed and approved under Office of Management and Budget control number 0578-0013.

Executive Order 13175: NRCS has determined that this action will remove an impediment to providing WBP assistance to Indian Tribes. Given its modest funding, NRCS has determined this regulation will not have a significant direct effect on one or more Indian Tribes, or on either the relationship or distribution of powers and responsibilities between the Federal Government and the Indian Tribes. Therefore, this action is not subject to the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Although the consultation requirements do not apply, the agency has developed an outreach and collaboration plan that it will implement as it develops its conservation program policy, and NRCS will incorporate WBP information where appropriate.

Executive Order 13132: Executive Order 13132 requires agencies to conform to principles of Federalism in the development of its policies and regulations. NRCS has determined that this final rule will conform to Federalism principles. In particular, the final rule will not impose any compliance cost on the States; and will not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities on the various levels of government.

Unfunded Mandates Reform Act of 1995: Pursuant to 2 U.S.C. 1532 (Title II, Sec. 202 of the Unfunded Mandates Reform Act of 1995), NRCS assessed the effects of this rulemaking action on State, local, and Tribal governments, and the public. This action does not compel the expenditure of $100 million or more by any State, local or Tribal governments, or anyone in the private sector, and therefore, a statement under 2 U.S.C. 1532 is not required.

Federal Domestic Assistance Program: The title and number of the Federal Domestic Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies is Water Bank Program 10.062.

List of Subjects in 7 CFR Part 633

Administrative practices and procedures, Contracts, Natural resources, Technical assistance, Wetlands.

Accordingly, 7 CFR part 633 is amended as follows:

PART 633—WATER BANK PROGRAM 1. The authority citation for part 633 continues to read as follows: Authority:

16 U.S.C. 1301-1311.

2. Section 633.2 is amended by revising the definition for “Person” and adding a definition in alphabetical order for “Privately-owned” to read as follows:
§ 633.2 Definitions.

Person means one or more individuals, partnerships, associations, corporations, estates or trusts, or other business enterprises or other legal entities and, whenever applicable, an Indian tribe, a State, a political subdivision of a State, or any agency thereof.

Privately-owned means owned or operated by a person other than a State, a political subdivision of a State, or any agency thereof.

3. Section 633.4 is amended by revising paragraph (d)(2) to read as follows:
§ 633.4 Program requirements.

(d) * * *

(2) Lands owned by an agency of the United States other than land held in trust for Indian Tribes;

Signed this 29 day of May, 2015 in Washington, DC Jason A. Weller, Chief, Natural Resources Conservation Service.
[FR Doc. 2015-13992 Filed 6-8-15; 8:45 am] BILLING CODE 3410-16-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 33 [Docket No. FAA-2014-0637; Special Conditions No. 33-015-SC] Special Conditions: CFM International, LEAP-1A and -1C Engine Models; Incorporation of Woven Composite Fan Blades AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions.

SUMMARY:

These special conditions are issued for the CFM International (CFM), LEAP-1A and -1C engine models. These engine models will have a novel or unusual design feature associated with the engine fan blades—new woven composite fan blades. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

Effective July 9, 2015.

FOR FURTHER INFORMATION CONTACT:

For technical questions concerning this action, contact Alan Strom, ANE-111, Engine and Propeller Directorate, Aircraft Certification Service, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-7143; facsimile (781) 238-7199; email [email protected]

For legal questions concerning this action, contact Vincent Bennett, ANE-7, Engine and Propeller Directorate, Aircraft Certification Service, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-7044; facsimile (781) 238-7055; email [email protected]

SUPPLEMENTARY INFORMATION:

Background

On June 27, 2012, CFM International (CFM) applied for a type certificate for their new LEAP-1A and -1C engine models. The LEAP engine models are high-bypass-ratio engines that incorporate a novel and unusual design feature—new woven composite fan blades. The woven composite fan blades will have significant differences in material property characteristics when compared to conventionally designed fan blades using non-composite metallic materials.

Special conditions are required to ensure that the LEAP-1A and -1C woven composite design fan blades account for the differences in material properties and failure modes relative to conventional single-load path metallic blades. In addition, different containment requirements may be applied provided CFM shows that the blade design below the inner annulus flow path line provides multiple load paths and crack arresting features that prevent delamination or crack propagation to blade failure during the life of the blade.

These special conditions are necessary because the applicable airworthiness regulations do not contain adequate or appropriate safety standards for the new woven composite design fan blades.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, CFM must show that the LEAP-1A and -1C engine models meet the applicable provisions of the applicable regulations in effect on the date of application, except as detailed in paragraphs 21.101(b) and (c). The FAA has determined the following certification basis for the LEAP-1A and -1C engine models:

1. 14 CFR part 33, “Airworthiness Standards: Aircraft Engines,” dated February 1, 1965, with Amendments 33-1 through 33-32, dated September 20, 2012.

If the FAA finds that the regulations in effect on the date of the application for the change do not provide adequate or appropriate safety standards for the LEAP-1A and -1C engine models because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the engine model for which they are issued. Should the type certificate for that engine model be amended later to include any other engine model that incorporates the same novel or unusual design feature, the special conditions would also apply to the other engine model under § 21.101.

In addition to complying with the applicable product airworthiness regulations and special conditions, the LEAP-1A and -1C engine models must comply with the fuel venting and exhaust emission requirements of 14 CFR part 34.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.17(a)(2).

Novel or Unusual Design Features

The LEAP-1A and -1C engine models will incorporate the following novel or unusual design feature:

The LEAP-1A and -1C engine models will incorporate woven composite fan blades. The woven composite fan blades will have significant differences in material property characteristics when compared to conventionally designed fan blades using non-composite metallic materials. Composite material design provides the capability to incorporate multiple load paths and crack arresting features that prevent delamination or crack propagation to blade failure during the life of the blade.

The woven composite fan blades are a novel and unusual design feature that requires additional airworthiness standards for type certification of the LEAP-1A and -1C engine models.

Discussion of Comments

A notice of proposed special conditions, No. 33-14-02-SC, for the CFM LEAP-1A and—1C engine models was published in the Federal Register on Friday, November 14, 2014 (79 FR 68137). No comments were received and the special conditions are adopted as proposed.

Applicability

As discussed above, these special conditions are applicable to the LEAP -1A and -1C engine models. Should CFM apply at a later date for a change to the type certificate to include another model on the same type certificate incorporating the same novel or unusual design feature, the special conditions would apply to that model as well.

Conclusion

This action affects only certain novel or unusual design features on LEAP-1A and -1C engine models. It is not a rule of general applicability and applies only to CFM, who requested FAA approval of this engine feature.

List of Subjects in 14 CFR Part 33

Aircraft, Engines, Aviation Safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for CFM LEAP-1A and -1C engine models.

1. Part 33, Requirements

In addition to the airworthiness standards in 14 CFR part 33, effective February 1, 1965, with Amendments 33-1 through 33-32 applicable to the LEAP-1A and -1C engine models, CFM will:

(a) Conduct an engine fan blade containment test with the fan blade failing at the inner annulus flow path line instead of at the outermost retention groove.

(b) Substantiate by test and analysis, or other methods acceptable to the FAA, that a fan disk and fan blade retention system with minimum material properties can withstand, without failure, a centrifugal load equal to two times the maximum load the retention system could experience within approved engine operating limitations. The fan blade retention system includes the portion of the fan blade from the inner annulus flow path line inward to the blade dovetail, the blade retention components, and the fan disk and fan blade attachment features.

(c) Using a procedure approved by the FAA, establish an operating limitation that specifies the maximum allowable number of start-stop stress cycles for the fan blade retention system. The life evaluation must include the combined effects of high-cycle and low-cycle fatigue. If the operating limitation is less than 100,000 cycles, that limitation must be specified in Chapter 5 of the Engine Manual Airworthiness Limitations Section. The procedure used to establish the maximum allowable number of start-stop stress cycles for the fan blade retention system will incorporate the integrity requirements in paragraphs (c)(1), (c)(2), and (c)(3) of these special conditions for the fan blade retention system.

(1) An engineering plan, which establishes and maintains that the combinations of loads, material properties, environmental influences, and operating conditions, including the effects of parts influencing these parameters, are well known or predictable through validated analysis, test, or service experience.

(2) A manufacturing plan that identifies the specific manufacturing constraints necessary to consistently produce the fan blade retention system with the attributes required by the engineering plan.

(3) A service management plan that defines in-service processes for maintenance and repair of the fan blade retention system, which will maintain attributes consistent with those required by the engineering plan.

(d) Substantiate by test and analysis, or other methods acceptable to the FAA, that the blade design below the inner annulus flow path line provides multiple load paths and crack arresting features that prevent delamination or crack propagation to blade failure during the life of the blade.

(e) Substantiate that during the service life of the engine, the total probability of an individual blade retention system failure resulting from all possible causes, as defined in § 33.75, will be extremely improbable with a cumulative calculated probability of failure of less than 10−9 per engine flight hour.

(f) Substantiate by test or analysis that not only will the engine continue to meet the requirements of § 33.75 following a lightning strike on the composite fan blade structure, but that the lightning strike will not cause damage to the fan blades that would prevent continued safe operation of the affected engine.

(g) Account for the effects of in-service deterioration, manufacturing variations, minimum material properties, and environmental effects during the tests and analyses required by paragraphs (a), (b), (c), (d), (e), and (f) of these special conditions.

(h) Propose fleet leader monitoring and field sampling programs that will monitor the effects of engine fan blade usage and fan blade retention system integrity.

(i) Mark each fan blade legibly and permanently with a part number and a serial number.

Issued in Burlington, Massachusetts, on June 1, 2015. Ann C. Mollica, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2015-14084 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0227; Directorate Identifier 2013-NM-211-AD; Amendment 39-18165; AD 2015-11-02] RIN 2120-AA64 Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 95-26-11 for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011 series airplanes. AD 95-26-11 required repetitive inspections to detect cracking of the fittings that attach the aft pressure bulkhead to the fuselage stringers, repetitive inspections to detect cracking of the fittings and of the splice tab of the aft pressure bulkhead, and corrective actions if necessary. This new AD requires repetitive inspections to detect cracking of the fittings that attach the aft pressure bulkhead to the fuselage stringers, repetitive inspections to detect cracking of the fittings and of the splice tab of the aft pressure bulkhead, repetitive inspections for cracking of certain aft fuselage skin panels, a structural modification, a post-modification inspection program, and corrective actions if necessary. This AD was prompted by a determination that the fittings at stringer attachments to the upper region of the aft pressure bulkhead are subject to widespread fatigue damage (WFD). We are issuing this AD to prevent simultaneous failure of multiple stringer end fittings through fatigue cracking at the aft pressure bulkhead, which could lead to rapid decompression of the airplane.

DATES:

This AD is effective July 14, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 14, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of January 11, 1996 (60 FR 668702, December 27, 1995).

ADDRESSES:

For service information identified in this AD, contact Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, L1011 Technical Support Center, Dept. 6A4M, Zone 0579, 86 South Cobb Drive, Marietta, GA 30063-0579; telephone 770-494-5444; fax 770-494-5445; email [email protected]; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0227.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0227; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Carl Gray, Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax: 404-474-5605; email: c[email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995). AD 95-26-11 applied to all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011 series airplanes. The SNPRM published in the Federal Register on November 17, 2014 (79 FR 68377). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on April 14, 2014 (79 FR 20819). The NPRM proposed to require repetitive inspections to detect cracking of the fittings that attach the aft pressure bulkhead to the fuselage stringers, repetitive inspections to detect cracking of the fittings and of the splice tab of the aft pressure bulkhead, repetitive inspections for cracking of certain aft fuselage skin panels, a structural modification, a post-modification inspection program, and corrective actions if necessary. The NPRM was prompted by a determination that the fittings at stringer attachments to the upper region of the aft pressure bulkhead are subject to WFD. The SNPRM proposed to reduce the post-structural modification repetitive inspection interval. We are issuing this AD to prevent simultaneous failure of multiple stringer end fittings through fatigue cracking at the aft pressure bulkhead, which could lead to rapid decompression of the airplane.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM (79 FR 68377, November 17, 2014) or on the determination of the cost to the public.

Conclusion

We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the SNPRM (79 FR 68377, November 17, 2014) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the SNPRM (79 FR 68377, November 17, 2014).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

We reviewed Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013. The service information describes procedures for inspections for cracking of the stringer end fittings at the aft pressure bulkhead, corrective actions, and a modification that includes replacement of the stringer end fittings of certain stringers with new fittings. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

Costs of Compliance

We estimate that this AD affects 26 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Inspections [actions retained from AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995)] 23 work-hours × $85 per hour = $1,955 per inspection cycle $0 $1,955 per inspection cycle $50,830 per inspection cycle. Inspections and modification [new action] 185 work-hours × $85 per hour = $15,725 6,750 $22,475 $584,350.

    We estimate the following costs to do any necessary replacements that would be required based on the results of the inspections. We have no way of determining the number of aircraft that might need these replacements:

    On-Condition Costs Action Labor cost Parts cost Cost per product Replacement of one fitting 16 work-hour × $85 per hour = $1,360 $250 $1,610

    We have received no definitive data that would enable us to provide cost estimates for the other on-condition actions specified in this AD.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995), and adding the following new AD: 2015-11-02 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company: Amendment 39-18165 ; Docket No. FAA-2014-0227; Directorate Identifier 2013-NM-211-AD. (a) Effective Date

    This AD is effective July 14, 2015.

    (b) Affected ADs

    This AD replaces AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995).

    (c) Applicability

    This AD applies to all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011-385-1, L-1011-385-1-14, L-1011-385-1-15, and L-1011-385-3 airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Unsafe Condition

    This AD was prompted by a determination that the fittings at stringer attachments to the upper region of the aft pressure bulkhead are subject to widespread fatigue damage (WFD). We are issuing this AD to prevent simultaneous failure of multiple stringer end fittings through fatigue cracking at the aft pressure bulkhead, which could lead to rapid decompression of the airplane.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Retained Detailed Visual Inspection

    This paragraph restates the requirements of paragraph (a) of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995), with no changes. Perform a detailed visual inspection to detect cracking of the fittings that attach the aft pressure bulkhead to the fuselage stringers (hereinafter referred to as “fittings”) at stringers 1 through 10 (right side) and at stringers 56 through 64 (left side), at the later of the times specified in either paragraph (g)(1) or (g)(2) of this AD.

    (1) Prior to the accumulation of 20,000 total flight cycles; or

    (2) Within the next 25 flight cycles or 10 days after September 28, 1995 (the effective date of AD 95-18-52, Amendment 39-9366 (60 FR 47465, September 13, 1995)), whichever occurs earlier.

    (h) Retained Corrective Action for Cracked Fitting

    This paragraph restates the requirements of paragraph (c) of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995), with no changes. If any cracked fitting is detected during the inspection required by paragraph (g) of this AD: Before further flight, accomplish the requirements of paragraphs (h)(1) and (h)(2) of this AD.

    (1) Replace the cracked fitting with a new fitting, or with a serviceable fitting on which a detailed visual inspection has been performed previously to detect cracking and that has been found to be free of cracks.

    (2) Perform a detailed visual inspection to detect cracking in the radius at the lower end of the vertical leg of the bulkhead T-shaped frame between the stringer locations on either side of the stringer having the cracked fitting. If any cracked T-shaped frame is detected: Before further flight, repair in accordance with a method approved by the Manager, Atlanta Aircraft Certification Office (ACO), FAA.

    (i) Retained Repetitive Fitting Inspections

    This paragraph restates the requirements of paragraph (d) of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995), with no changes. Repeat the inspections and other necessary actions required by paragraphs (g) and (h) of this AD at intervals not to exceed 1,800 flight cycles or 3,000 flight hours, whichever occurs earlier, until paragraph (j) of this AD is accomplished.

    (j) Retained Eddy Current Surface Scan (ECSS) Inspections, and Related Investigative and Corrective Actions

    This paragraph restates the requirements of paragraph (e) of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995), with revised compliance times specified in paragraph (k) of this AD, exclusion of an ECSS inspection for certain airplanes, and new service information. Except as provided by paragraph (l) of this AD: At the applicable time specified in paragraph (k)(1) of this AD, accomplish the requirements of paragraphs (j)(1) and (j)(2) of this AD. Repeat the ECSS inspections thereafter at the compliance time specified in paragraph (k)(2) of this AD. Accomplishment of the ECSS inspection constitutes terminating action for the repetitive inspection requirements of paragraph (i) of this AD.

    (1) Perform an ECSS inspection to detect cracking of the fittings at stringers 1 through 14 (right side) and at stringers 52 through 64 (left side), in accordance with the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013; except for airplanes with a large (47-inch-wide) aft passenger door, an ECSS inspection of stringers 12, 13, 53, and 54 is not required by this paragraph. Except as provided by paragraph (m) of this AD, if any cracking is detected, prior to further flight, replace the fitting with a new fitting without pilot holes, rework the fitting, and perform various follow-on actions (i.e., bolt hole eddy current (BHEC), ECSS, and borescope inspections; and repair) of the inner and outer tee caps, in accordance with the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, except as required by paragraph (p) of this AD. As of the effective date of this AD, use only Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, for accomplishing the actions required by this paragraph.

    (2) Perform an ECSS inspection to detect cracking of the lower (or inner) surface of the upper bonded splice tab of the bulkhead assembly at stringers 1 through 14 (right side) and at stringers 52 through 64 (left side), in accordance with the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013. As of the effective date of this AD, use only Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, for accomplishing the actions required by this paragraph.

    (i) Except as provided by paragraph (m) of this AD, if any cracking is detected at the upper bonded splice tab, repair in accordance with a method approved by the Manager, Atlanta ACO, FAA.

    (ii) Except as provided by paragraph (m) of this AD, if any cracking is detected at a fastener, prior to further flight, perform a BHEC inspection to detect cracking of the forward flange of the inner tee cap, in accordance with the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013. If any cracking is detected, prior to further flight, repair in accordance with the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, except as required by paragraph (p) of this AD. As of the effective date of this AD, use only Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, for accomplishing the actions required by this paragraph.

    (k) New Revised Compliance Times for Paragraph (j) of This AD

    (1) Do the initial inspections required by paragraph (j) of this AD at the earlier of the times specified in paragraphs (k)(1)(i) and (k)(1)(ii) of this AD.

    (i) Prior to the accumulation of 20,000 total flight cycles, or within 30 days after January 11, 1996 (the effective date of date of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995)), whichever occurs later.

    (ii) At the later of the times specified in paragraphs (k)(1)(ii)(A) and (k)(1)(ii)(B) of this AD.

    (A) Before the accumulation of 13,875 total flight cycles.

    (B) Within 365 days or 1,000 flight cycles after the effective date of this AD, whichever occurs first.

    (2) Repeat the inspections specified in paragraph (j) of this AD within 2,500 flight cycles after accomplishing the most recent inspection required by paragraph (j) of this AD, and repeat the inspection thereafter at intervals not to exceed 1,750 flight cycles.

    (l) Retained Inspection Deferral for Paragraph (j) of This AD

    This paragraph restates the requirements of paragraph (f) of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995). Accomplishment of the initial ECSS inspections required by paragraph (j) of this AD may be deferred to a date within 120 days after January 11, 1996 (the effective date of date of AD 95-26-11), provided that, in the interim, a visual inspection as specified in paragraph (g) of this AD is accomplished within 30 days after January 11, 1996 (the effective date of date of AD 95-26-11), and repeated thereafter at intervals not to exceed 50 flight cycles. Once the ECSS inspections begin, the visual inspections may be terminated.

    (m) Retained Inspection Deferral With Revised Compliance Time and New Deferral

    This paragraph restates the requirements of paragraph (g) of AD 95-26-11, Amendment 39-9469 (60 FR 66870, December 27, 1995), with a revised compliance time, service information, and a new deferred action. As of the effective date of this AD, the deferral specified in paragraphs (m)(1) and (m)(2) of this AD cannot be done. If cracking was found before the effective date of this AD, the deferral specified in paragraphs (m)(1) and (m)(2) of this AD may be done. (1) If two or more adjacent fittings on both sides of the cracked fittings or bonded splice tabs/fasteners are determined to be free of cracks by the ECSS inspection required by paragraphs (j)(1) and (j)(2) of this AD, repeat the ECSS inspection of the adjacent fittings thereafter at intervals not to exceed 600 flight cycles until the cracked fittings or splice tabs/fasteners are replaced or repaired, in accordance with the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013. At the applicable time specified in paragraphs (m)(1)(i) and (m)(1)(ii) of this AD: Replace the cracked fitting and/or splice tab/fasteners, in accordance with the Accomplishment Instructions of LockheedL-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995; or Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013. As of the effective date of this AD, use only Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, for accomplishing the actions required by this paragraph.

    (i) For any crack found before the effective date of this AD: Within 2,500 flight cycles after finding the crack.

    (ii) For any crack found on or after the effective date of this AD: Before further flight after finding the crack.

    (2) If two or more adjacent fittings on both sides of the cracked fittings or bonded splice tabs/fasteners are determined to be free of cracks by the ECSS inspection required by paragraphs (j)(1) and (j)(2) of this AD, the follow-on inspection (i.e., BHEC, ECSS, and borescope inspections) of the inner and outer tee caps required by paragraph (j)(1) of this AD may also be deferred until the cracked fittings are replaced as required by paragraph (m)(1) of this AD, but no later than before the accumulation of 20,800 total flight cycles.

    (n) New Repetitive Borescope Inspections of Certain End Fittings and Corrective Actions

    For airplanes with a large (47-inch-wide) aft passenger door: At the later of the times specified in paragraphs (n)(1) and (n)(2) of this AD, do a borescope inspection for cracking of the stringer end fittings at stringer locations 12, 13, 53, and 54; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, except as specified in paragraph (p) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the inspection of the stringer end fittings thereafter at intervals not to exceed 1,750 flight cycles until the actions required by paragraph (q) of this AD have been done.

    (1) Before the accumulation of 13,875 total flight cycles.

    (2) Within 365 days or 1,000 flight cycles after the effective date of this AD, whichever occurs earlier.

    (o) New Repetitive Borescope Inspections of Fuselage Skin Panels

    For airplanes with a large (47-inch-wide) aft passenger door: At the later of the times specified in paragraphs (o)(1) and (o)(2) of this AD, do an ECSS inspection for cracking of the left and right aft fuselage skin panels; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, except as specified in paragraph (p) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the inspection of the aft fuselage skin panels thereafter at intervals not to exceed 1,750 flight cycles until the modification required by paragraph (q) of this AD is done.

    (1) Before the accumulation of 13,875 total flight cycles.

    (2) Within 365 days or 1,000 flight cycles after the effective date of this AD, whichever occurs first.

    (p) New Service Information Exception

    If any cracking is found during any inspection required by this AD, and Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, specifies contacting Lockheed for appropriate action: Before further flight, repair the cracking in accordance with a method approved by the Manager, Atlanta ACO, FAA. As of the effective date of this AD, for a repair method to be approved by the Manager, Atlanta ACO, as required by this paragraph, the Manager's approval letter must specifically refer to this AD.

    (q) New Pre-Structural Modification Inspections and Structural Modification

    Before the accumulation of 20,800 total flight cycles: Do the applicable actions specified in paragraphs (q)(1) and (q)(2) of this AD.

    (1) Perform pre-structural modification inspections by doing the actions required by paragraphs (j), (n), and (o) of this AD.

    (2) Perform a structural modification of the aft pressure bulkhead by removing and replacing all stringer end fittings with new or refurbished fittings at stringers 1 through 14, and 52 through 64, in accordance with the Accomplishment Instructions of Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013.

    (r) New Post-Structural Modification Repetitive Inspections

    Within 13,875 flight cycles after performing the actions required by paragraph (q)(2) of this AD: Do the actions specified in paragraphs (j), (n), and (o) of this AD, and repeat thereafter at intervals not to exceed 1,750 flight cycles.

    (s) No Reporting Requirement

    Although Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, referenced in this AD specifies to submit certain information to the manufacturer, this AD does not include that requirement.

    (t) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (u) of this AD.

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (u) Related Information

    For more information about this AD, contact Carl Gray, Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax: 404-474-5605; email: [email protected]

    (v) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

    (3) The following service information was approved for IBR on July 14, 2015.

    (i) Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013 (The date of May 15, 2013, on page 1 of Lockheed Service Bulletin 093-53-105, Revision 3, dated May 31, 2013, is incorrect and should be May 31, 2013).

    (ii) Reserved.

    (4) The following service information was approved for IBR on January 11, 1996 (60 FR 66870, December 27, 1995).

    (i) Lockheed L-1011 Service Bulletin 093-53-105, Revision 1, dated November 17, 1995.

    (ii) Reserved.

    (5) For Lockheed service information identified in this AD, contact Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, L1011 Technical Support Center, Dept. 6A4M, Zone 0579, 86 South Cobb Drive, Marietta, GA 30063-0579; telephone 770-494-5444; fax 770-494-5445; email [email protected]; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html.

    (6) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 18, 2015. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13325 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1937; Directorate Identifier 2014-SW-067-AD; Amendment 39-18171; AD 2015-11-08] RIN 2120-AA64 Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are superseding airworthiness directive (AD) 2014-02-08 for Agusta Model A109C, A109S, A109K2, A109E, and AW109SP helicopters. AD 2014-02-08 required inspecting the lock wires securing the tail rotor (T/R) duplex bearing locking nut (locking nut) to determine whether any lock wires are missing or damaged. This AD retains some of the requirements of AD 2014-02-08 but removes the terminating action, expands the applicability, and adds a daily pilot check. This AD was prompted by reports of loosening T/R locking nuts. These actions are intended to prevent failure of the T/R and subsequent loss of control of the helicopter.

    DATES:

    This AD becomes effective June 24, 2015.

    We must receive comments on this AD by August 10, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this AD, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    FOR FURTHER INFORMATION CONTACT:

    Martin Crane, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

    Discussion

    On January 16, 2014, we issued AD 2014-02-08, Amendment 39-17736 (79 FR 5257, January 31, 2014) for Agusta Model A109C, A109S, and A109K2 helicopters, and certain serial-numbered Model A109E and AW109SP helicopters. AD 2014-02-08 required repetitively inspecting the lock wires securing the T/R locking nut to determine whether any lock wires are missing or damaged, installing a second lock wire if only one was installed, and reassembling the housing and slider group of the T/R rotating controls as terminating action for the inspections. AD 2014-02-08 was prompted by reports of loosening T/R locking nuts. Those actions are intended to prevent failure of the T/R and subsequent loss of control of the helicopter.

    AD 2014-02-08 was prompted by AD No. 2012-0195-E, dated September 24, 2012, and corrected September 25, 2012, issued by EASA, the Technical Agent for the Member States of the European Union, to correct an unsafe condition for certain Agusta Model A109E, A109LUH, A109S, AW109SP, A109C, and A109K2 helicopters. EASA advised of the T/R locking nut loosening on Model A109 helicopters and that one or both of the lock wires securing the locking nut were either damaged or absent from the T/R. EASA states that this condition could lead to failure of the T/R function and subsequent loss of control of the helicopter. AD No. 2012-0195-E requires repetitively inspecting the lock wires and removing and reassembling the housing and slider group of the T/R rotating controls, which is terminating action for the inspections.

    Actions Since AD 2014-02-08 Was Issued

    Since we issued AD 2014-02-08 (79 FR 5257, January 31, 2014), a failure of a T/R duplex bearing ring nut installation occurred after the housing and slider group of the T/R rotating controls had been reassembled. Therefore, we are superseding AD 2014-02-08 to remove the reassembly as terminating action. Because of additional reports of the loosening of the bearing locking nut and the increased risk of failure of a lock wire, we are retaining the 25-hour TIS inspection. We are also requiring a daily pilot check to enhance detection of a failure of a T/R duplex bearing ring nut installation. AD 2014-02-18 did not apply to certain serial-numbered helicopters because the terminating action had already been performed on those models. Because we have determined that the terminating action does not correct the unsafe condition, we have expanded the applicability to include all serial-numbered helicopters for the Model A109C, A109S, A109K2, A109E, and AW109SP. EASA has not changed any of the requirements in its AD, and Agusta has not revised its service information.

    We have also corrected the design holder's name from AgustaWestland S.p.A. to Agusta S.p.A., as specified by the current FAA type certificate.

    FAA's Determination

    These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, EASA, its technical representative, has notified us of the unsafe condition described in its AD. We are issuing this AD because we evaluated all known information provided by EASA and determined that an unsafe condition is likely to exist or develop on other helicopters of these same type designs.

    Related Service Information

    Agusta issued Bollettino Tecnico (BT) Nos. 109-134, 109EP-121, 109S-48, 109K-54, and 109SP-051, all dated September 21, 2012, for Model A109C, A109E, A109S, A109K2, and AW109SP helicopters. These BTs specify inspecting for the presence and condition of the two locking wires. The BTs also specify if one lock wire is present and no damage is reported, installing a second lock wire. The BTs specify if one or both of the lock wires are damaged, removing and disassembling the housing and slider group of the T/R controls.

    AD Requirements

    This AD expands the applicability to include all serial-numbered helicopters. This AD retains the initial and repetitive inspections required by AD 2014-02-08 (79 FR 5257, January 31, 2014) and retains the requirement to remove and reassemble the housing and slider group of the T/R rotating controls if one or both lock wires are damaged. This AD also requires a daily pilot check of each lock wire securing the T/R locking nut. An owner/operator (pilot) may perform the required visual check and must enter compliance with the applicable paragraph of the AD into the helicopter maintenance record in accordance with 14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(1)(2)(v). A pilot may perform this check because it involves only looking at the visible area of the lock wire securing the T/R locking nut to the housing. This check is an exception to our standard maintenance regulations.

    Differences Between This AD and the EASA AD

    This AD requires a daily pilot check of the lock wire, while the EASA does not. The EASA AD requires removing and reassembling the housing and slider group of the T/R rotating controls as terminating action, regardless of whether the lock wire is damaged, and this AD does not. The EASA AD applies to certain serial-numbered helicopters, and this AD applies to all serial-numbered helicopters of each model.

    Interim Action

    We consider this AD to be an interim action. If final action is later identified, we might consider further rulemaking then.

    Costs of Compliance

    We estimate that this AD affects 122 helicopters of U.S. Registry. We estimate that operators may incur the following costs to comply with this AD. The average labor rate is estimated to be $85 per work-hour. Inspecting the lock wire takes about 0.25 work-hour, and the required parts cost is negligible, for a cost per helicopter of $22 and a total cost to U.S. operators of $2,684 per inspection cycle. Removing and reassembling the housing and slider group of the T/R rotating controls requires about 8 work-hours for a cost per helicopter of $680.

    FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we find that the risk to the flying public justifies waiving notice and comment prior to adopting this rule because the previously described unsafe condition can adversely affect the controllability of the helicopter. Since cases of loosening of the T/R duplex bearing locking nut continue to occur, we are requiring a daily pilot check, which must be performed within 24 hours.

    Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in less than 30 days.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing AD 2014-02-08, Amendment 39-17736 (79 FR 5257, January 31, 2014), and adding the following new airworthiness directive (AD): 2015-11-08 Agusta S.p.A. Helicopters (Agusta): Docket No. FAA-2015-1937; Amendment 39-18171, Directorate Identifier 2014-SW-067-AD. (a) Applicability

    This AD applies to Agusta Model A109C, A109S, A109K2, A109E, and AW109SP helicopters, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a missing or broken lock wire securing the tail rotor (T/R) duplex bearing locking nut (locking nut). This condition could result in loosening of the locking nut, failure of theT/R, and subsequent loss of control of the helicopter.

    (c) Affected ADs

    This AD supersedes AD 2014-02-08, Amendment 39-17736 (79 FR 5257, January 31, 2014).

    (d) Comments Due Date

    We must receive comments by August 10, 2015.

    (e) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (f) Required Actions

    (1) Within 24 hours and thereafter before the first flight of each day or at intervals not exceeding 24 hours, whichever occurs later, check each lock wire securing the T/R locking nut to the housing. The location of the housing wire is depicted in Figure 1 to paragraph (f)(1) of this AD.

    BILLING CODE 4910-13-P ER09JN15.000 BILLING CODE 4910-13-C

    (2) The actions required by paragraph (f)(1) may be performed by the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft records showing compliance with this AD in accordance with 14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(1)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.

    (3) Within 5 hours time-in-service (TIS) and thereafter at intervals not to exceed 25 hours TIS, inspect each lock wire securing the T/R locking nut to the housing.

    (4) If one or both lock wires are missing or damaged, before further flight, remove and reassemble the housing and slider group of the T/R rotating controls.

    (g) Special Flight Permit

    Special flight permits are prohibited.

    (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Martin Crane, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (i) Additional Information

    (1) Agusta Bollettino Tecnico (BT) Nos. 109-134, 109EP-121, 109S-48, 109K-54, and 109SP-051, all dated September 21, 2012, which are not incorporated by reference, contain additional information about the subject of this AD. For service information identified in this AD, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2012-0195-E, dated September 24, 2012, and corrected September 25, 2012. You may view the EASA AD on the Internet athttp://www.regulations.gov in Docket No. FAA-2015-1937.

    (k) Subject

    Joint Aircraft Service Component (JASC) Code: 6400 Tail Rotor System.

    Issued in Fort Worth, Texas, on May 26, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13845 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0754; Directorate Identifier 2014-NM-136-AD; Amendment 39-18156; AD 2015-10-01] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation (DOT).

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of hydraulic fluid loss from the reservoir of the main landing gear (MLG) alternate extension system. This AD requires inspection for correct assembly of the MLG alternate extension system reservoir lid, and corrective action if necessary. We are issuing this AD to, in the event of a failure of the primary MLG extension system, prevent failure of the alternate MLG extension system to fully extend the MLG into a down-and-locked position, which could result in collapse of both left-hand and right-hand MLG sides during touchdown.

    DATES:

    This AD becomes effective July 14, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 14, 2015.

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0754; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

    For Bombardier service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com. For Parker service information identified in this AD, contact Parker Aerospace, 14300 Alton Parkway, Irvine, CA 92618; phone: 949-833-3000; Internet: http://www.parker.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0754.

    FOR FURTHER INFORMATION CONTACT:

    Fabio Buttitta, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7303; fax 516-794-5531.

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model DHC-8-400 series airplanes. The NPRM published in the Federal Register on October 23, 2014 (79 FR 63341).

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-15, dated June 6, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model DHC-8-400 series airplanes. The MCAI states:

    Several cases have been reported of hydraulic fluid loss from the main landing gear (MLG) alternate extension system reservoir and in one case, the reservoir was found empty. The cause was determined to be an incorrectly assembled reservoir lid. In the event of a failed primary MLG extension system, an alternate MLG extension system with an empty reservoir may not be able to fully extend the MLG into the down and locked position, resulting in an unsafe landing configuration. This [Canadian] AD mandates the [general visual] inspection of the MLG alternate extension system reservoir lid for correct assembly and the required rectification [i.e., corrective action which consists of repairing the lid assembly].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0754-0002.

    Comments

    We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (79 FR 63341, October 23, 2014) or on the determination of the cost to the public.

    Conclusion

    We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

    • Are consistent with the intent that was proposed in the NPRM (79 FR 63341, October 23, 2014) for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 63341, October 23, 2014).

    Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-29-34, dated May 9, 2013, with the attached Parker Service Bulletin 82910012-29-431, dated October 22, 2012. This service information describes procedures to inspect the lid assembly of the MLG alternate extension system reservoir for correct assembly and corrective actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    Costs of Compliance

    We estimate that this AD affects 173 airplanes of U.S. registry.

    We also estimate that it will take about 4 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $58,820, or $340 per product.

    In addition, we estimate that any necessary follow-on actions will take about 2 work-hours and require parts costing $0, for a cost of $170 per product. We have no way of determining the number of aircraft that might need this action.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0754; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-10-01 Bombardier, Inc.: Amendment 39-18156. Docket No. FAA-2014-0754; Directorate Identifier 2014-NM-136-AD. (a) Effective Date

    This AD becomes effective July 14, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-401, -402, and -403 airplanes, certificated in any category, serial numbers 4001 through 4424 inclusive.

    (d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic Power.

    (e) Reason

    This AD was prompted by reports of hydraulic fluid loss from the reservoir of the main landing gear (MLG) alternate extension system. We are issuing this AD to, in the event of a failure of the primary MLG extension system, prevent failure of the alternate MLG extension system to fully extend the MLG into a down-and-locked position, which could result in collapse of both left-hand and right-hand MLG sides during touchdown.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Inspection and Corrective Action

    Within 2,000 flight hours or 12 months after the effective date of this AD, whichever occurs first: Do a general visual inspection of the MLG alternate extension system reservoir lid for correct assembly, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-29-34, dated May 9, 2013, and with the attached Parker Service Bulletin 82910012-29-431, dated October 22, 2012, as referenced in Bombardier Service Bulletin 84-29-34, dated May 9, 2013. Do all applicable corrective actions within 2,000 flight hours or 12 months after the effective date of this AD, whichever occurs first.

    (h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Bombardier All Operator Message 543, dated October 17, 2012, which is not incorporated by reference in this AD.

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-15, dated June 6, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0754-0002.

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(5) of this AD.

    (k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

    (i) Bombardier Service Bulletin 84-29-34, dated May 9, 2013.

    (ii) Parker Service Bulletin 82910012-29-431, dated October 22, 2012.

    (3) For Bombardier service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com.

    (4) For Parker service information identified in this AD, contact Parker Aerospace, 14300 Alton Parkway, Irvine, CA, 92618; phone: 949-833-3000; Internet: http://www.parker.com.

    (5) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 1, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-11389 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1936; Directorate Identifier 2014-SW-005-AD; Amendment 39-18170; AD 2015-11-07] RIN 2120-AA64 Airworthiness Directives; Agusta S.p.A. Helicopters AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation (DOT).

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Agusta S.p.A. Model AB412 and AB412 EP helicopters. This AD requires inspecting the tail rotor (T/R) drive shaft flanged adapter (adapter) for a crack and removing the adapter from service if there is a crack. This AD is prompted by a report of a crack found in an adapter. These actions are intended to detect a crack in the adapter and prevent failure of the T/R drive shaft, which could result in reduced control of the helicopter.

    DATES:

    This AD becomes effective June 24, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of June 24, 2015.

    We must receive comments on this AD by August 10, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) Emergency AD (EAD), any incorporated by reference service information, any comments received, and other information. The street address for the Docket Operations Office (telephone 800- 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this AD, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. It is also available on the Internet at http://www.regulations.gov in Docket No. FAA-2015-1936.

    FOR FURTHER INFORMATION CONTACT:

    Robert Grant, Aviation Safety Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

    Discussion

    This AD action was prompted by EAD No. 2014-0040-E, dated February 19, 2014, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for certain AgustaWestland S.p.A. Model AB 412 and AB 412 EP helicopters. EASA advises that a crack was found in an adapter, part number (P/N) 412-040-622-101, installed on a Model AB 412 EP helicopter. EASA further advises that the condition, if not detected and corrected, could lead to T/R drive shaft failure, possibly resulting in reduced control of the helicopter. To address this unsafe condition, the EASA EAD requires repetitive inspections of adapters, P/N 412-040-622-101 and P/N 412-040-623-101, for a crack and replacing a cracked adapter. EASA also requires reporting and sending the cracked adapter to AgustaWestland for investigation.

    FAA's Determination

    These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, the EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by the EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

    Related Service Information Under 1 CFR Part 51

    AgustaWestland issued Bollettino Tecnico No. 412-139, dated February 19, 2014 (BT), for Model AB412 helicopters serial number (S/N) 25801 through 25900, and Model AB412EP helicopters S/N 25901 and subsequent. The BT states AgustaWestland received a report of a crack in an adapter, P/N 412-040-622-101, installed on a Model AB412EP helicopter. The BT also states that the investigation to determine the root causes of the crack is in progress and the BT may be revised according to the investigation results. The BT specifies a one-time inspection of the adapter, P/N 412-040-622-101 and P/N 412-040-623-101, for the presence of cracks, and if there is a crack, replacing the drive shaft assembly. The BT also specifies reporting a cracked adapter and sending affected parts to AgustaWestland. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    AD Requirements

    This AD requires an initial and recurring visual inspection of the adapter, P/N 412-040-622-101 and P/N 412-040-623-101, installed on certain Model AB412 and AB412 EP helicopters. If there is a crack in an adapter, this AD requires removing the adapter from service before further flight. This AD also requires visually inspecting an adapter before installation.

    Differences Between This AD and the EASA EAD

    The EASA EAD requires reporting and sending any cracked adapter to AgustaWestland, whereas this AD does not.

    Interim Action

    We consider this AD to be an interim action. If final action is later identified, we might consider further rulemaking then.

    Costs of Compliance

    There are no costs of compliance with this AD because there are no helicopters with this type certificate on the U.S. Registry.

    FAA's Justification and Determination of the Effective Date

    There are no helicopters with this type certificate on the U.S. Registry. Therefore, we believe it is unlikely that we will receive any adverse comments or useful information about this AD from U.S. Operators.

    Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for public comment before issuing this AD are unnecessary because there are none of these helicopters on the U.S. Registry and that good cause exists for making this amendment effective in less than 30 days.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-11-07 Agusta S.p.A.: Amendment 39-18170; Docket No. FAA-2015-1936; Directorate Identifier 2014-SW-005-AD. (a) Applicability

    This AD applies to Model AB412 helicopters with a serial number (S/N) 25801 through 25900, and Model AB412 EP helicopters with a S/N 25901 and larger, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a tail rotor (T/R) drive shaft flanged adapter. This condition could result in failure of the T/R drive shaft and reduced control of the helicopter.

    (c) Effective Date

    This AD becomes effective June 24, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    (1) Within 5 hours time-in-service (TIS) and thereafter at intervals not to exceed 100 hours TIS, using a 5X power magnifying glass and a light source, visually inspect each flanged adapter, part number (P/N) 412-040-622-101 and P/N 412-040-623-101, for a crack as shown in Figures 1 and 2 of AgustaWestland Bollettino Tecnico No. 412-139, dated February 19, 2014.

    (2) If there is a crack in a flanged adapter, before further flight, remove the flanged adapter from service.

    (3) Do not install a flanged adapter, P/N 412-040-622-101 or P/N 412-040-623-101, unless it has been inspected in accordance with the requirements of paragraphs (e)(1) and (e)(2) of this AD.

    (f) Special Flight Permits

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Robert Grant, Aviation Safety Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) Emergency AD (EAD) No. 2014-0040-E, dated February 19, 2014. You may view the EASA EAD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-1936.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor Drive Shaft.

    (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

    (i) AgustaWestland Bollettino Tecnico No. 412-139, dated February 19, 2014.

    (ii) Reserved.

    (3) For AgustaWestland service information identified in this AD, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins.

    (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For information on the availability of this material at the FAA, call (817) 222-5110.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 26, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13343 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0568; Directorate Identifier 2014-NM-075-AD; Amendment 39-18166; AD 2015-11-03] RIN 2120-AA64 Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation (DOT).

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport Régional Model ATR42 and ATR72 airplanes. This AD was prompted by reports of fuel quantity indication malfunctions caused by fuel probe failure. This AD requires identifying the part number and serial number of the fuel probes, and replacing the fuel probes if necessary. We are issuing this AD to prevent fuel probe failure, which could lead to undetected fuel starvation and consequent dual engine in-flight flame-out.

    DATES:

    This AD becomes effective July 14, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 14, 2015.

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0568 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

    For service information identified in this AD, contact Zodiac Aerospace, Technical Publication Department, 61 Rue Pierre Curie—CS20001, 78373 Plaisir Cedex, France; phone: +33 (0)1 61 34 19 24; fax: +33 (0)1 61 34 21 13; email: [email protected]; Internet: http://www.zodiacaerospace.com.

    You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. You can find this information at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0568.

    FOR FURTHER INFORMATION CONTACT:

    Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain ATR-GIE Avions de Transport Régional Model ATR42 and ATR72 airplanes. The NPRM published in the Federal Register on August 15, 2014 (79 FR 48107). The NPRM was prompted by reports of fuel quantity indication malfunctions caused by fuel probe failure. The NPRM proposed to require identifying the part number and serial number of the fuel probes, and replacing the probes if necessary. We are issuing this AD to prevent fuel probe failure, which could lead to undetected fuel starvation and consequent dual engine in-flight flame-out.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0075R1, dated April 24, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain ATR-GIE Avions de Transport Régional Model ATR42 and ATR72 airplanes. The MCAI states:

    A significant number of fuel probes installed on ATR aeroplanes failed during production tests and several occurrences of fuel quantity indication malfunctions were recently reported on in-service aeroplanes.

    The subsequent investigation, conducted on the failed parts, confirmed a loss of ground connection on the terminal block of the fuel probe, due to an incorrect application of wiring instructions in production during fuel probe manufacturing between June 2011 and August 2013. The investigation identified a batch of parts, suspected to be affected by this manufacturing defect. Some of these probes were delivered as spares, and operators may have installed these probes on their in-service aeroplanes.

    In case an affected fuel probe is installed on each wing of an aeroplane, being not equipped with an independent fuel low level measurement system or an aeroplane operated in accordance with ETOPS [extended range twin operations] rules, the defected fuel probes could indicate a higher fuel quantity value than the real quantity of the on-board fuel.

    This condition, if not detected and corrected, could lead to an undetected fuel starvation and consequent dual engine in-flight flame out.

    For the reasons described above, this [EASA] AD requires the identification and replacement of the affected fuel probes.

    This [EASA] AD is revised to correct typographical errors.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0568-0002.

    Comments

    We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM (79 FR 48107, August 15, 2014) and the FAA's response to the comment.

    Request To Use the Latest Service Information

    Empire Airlines requested that we revise the NPRM (79 FR 48107, August 15, 2014) to include revised service information. Zodiac Aerospace issued Service Bulletin 766983-28-002, Revision 1, dated March 24, 2014, to correct certain part numbers. Empire stated that this change will negate the necessity for an alternative method of compliance request.

    We agree to include the latest service information in this AD, although the correct part numbers were identified in table 1 to paragraph (g) in the NPRM (79 FR 48107, August 15, 2014), which will remain in this AD. We have also added new paragraph (k) in this AD to allow the use, before the effective date of this AD, of Zodiac Aerospace Service Bulletin 766983-28-002, dated October 15, 2013, for identifying part numbers to define serviceable parts. We have redesignated subsequent paragraphs accordingly.

    Additional Changes to This AD

    We have revised the NPRM (79 FR 48107, August 15, 2014) to include the most updated contact information for the service information required by this AD, which is: Zodiac Aerospace, Technical Publication Department, 61 Rue Pierre Curie—CS20001, 78373 Plaisir Cedex, France; phone: +33 (0)1 61 34 19 24; fax: +33 (0)1 61 34 21 13; email: [email protected]; Internet: http://www.zodiacaerospace.com.

    We have revised the NPRM (79 FR 48107, August 15, 2014) by removing “Services Europe” from the service information citations, which does not need to be included in the service information citations in this AD.

    Conclusion

    We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

    • Are consistent with the intent that was proposed in the NPRM (79 FR 48107, August 15, 2014) for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 48107, August 15, 2014).

    We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

    Related Service Information Under 1 CFR Part 51

    Zodiac Aerospace has issued Service Bulletin 766983-28-002, Revision 1, dated March 24, 2014. The service information describes procedures for an inspection for a potential splice conductor soldering defect, and installing a new splice conductor. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    Costs of Compliance

    We estimate that this AD affects 81 airplanes of U.S. registry.

    We also estimate that it will take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $13,770, or $170 per product.

    According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0568; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-11-03 ATR-GIE Avions de Transport Régional: Amendment 39-18166. Docket No. FAA-2014-0568; Directorate Identifier 2014-NM-075-AD. (a) Effective Date

    This AD becomes effective July 14, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD.

    (1) ATR-GIE Avions de Transport Régional Model ATR42-200, -300, -320, and -500 airplanes; and Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes; certificated in any category; all manufacturer serial numbers qualified for extended range twin operations (ETOPS) with ATR Modification 04711.

    (2) ATR-GIE Avions de Transport Régional Model ATR42-200, -300, -320, and -500 airplanes; certificated in any category; except as specified in paragraph (c)(2)(i) or (c)(2)(ii) of this AD.

    (i) Airplanes modified with ATR Modification 04650.

    (ii) Airplanes retrofitted as specified in ATR Service Bulletin ATR42-28-0033 or ATR42-28-0034, as applicable.

    (3) ATR-GIE Avions de Transport Régional Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes; certificated in any category; all manufacturer serial numbers; except as specified in paragraph (c)(3)(i) or (c)(3)(ii) of this AD.

    (i) Airplanes modified with ATR Modification 04686.

    (ii) Airplanes retrofitted as specified in ATR Service Bulletin ATR72-28-1013, ATR72-28-1022, or ATR72-28-1023, as applicable.

    (d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

    (e) Reason

    This AD was prompted by reports of fuel quantity indication malfunctions caused by fuel probe failure. We are issuing this AD to detect and correct affected fuel probes, which could lead to undetected fuel starvation and consequent dual engine in-flight flame-out.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Part Number and Serial Number Inspection

    Within 5,000 flight hours or 24 months, whichever occurs first after the effective date of this AD: Inspect to determine if any fuel probe has any part number and serial number identified in table 1 to paragraph (g) of this AD. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number and serial number of the part can be conclusively determined from that review.

    Table 1 to Paragraph (g) of This AD—Affected Fuel Probes Airplane model Part No. Serial No. ATR 42 766-046-2 1046 through 1083 inclusive. ATR 42 766-047-2 1154 through 1214 inclusive. ATR 42 766-048-2 1150 through 1197 inclusive. ATR 42 768-055 1156 through 1227 inclusive. ATR 42 798-038 1150 through 1238 inclusive. ATR 72 766-793-1 1469 through 1826 inclusive. ATR 72 766-795-2 1661 through 2093 inclusive. ATR 72 766-796-2 1722 through 2152 inclusive. ATR 72 766-797-2 1663 through 2051 inclusive. ATR 72 766-983-1 2200 through 2652 inclusive. ATR 72 768-100 1511 through 1876 inclusive. (h) Replacement

    If any fuel probe is found that has any part number and serial number specified in table 1 to paragraph (g) of this AD: Within 5,000 flight hours or 24 months, whichever occurs first after the effective date of this AD, replace the fuel probe with a serviceable fuel probe, using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or ATR-GIE Avions de Transport Régional's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    Note 1 to paragraph (h) of this AD:

    Guidance on accomplishing the replacement can be found in Job Instruction Card 28-42-72, RAI 10000-001, “Removal and Installation of Fuel Quantity or Fuel Temp/Quantity Probe” of the ATR-42 Aircraft Maintenance Manual; and Job Instruction Card 28-42-72, RAI 10000-002, “Removal and Installation of Fuel Quantity or Fuel Temp/Quantity Probe” of the ATR-72 Aircraft Maintenance Manual.

    (i) Definition of Serviceable Fuel Probe

    For the purposes of this AD, a fuel probe is serviceable if it meets the criterion specified in paragraph (i)(1) or (i)(2) of this AD.

    (1) The fuel probe is not listed in table 1 to paragraph (g) of this AD.

    (2) The fuel probe is listed in table 1 to paragraph (g) of this AD, but has control tag “C” marked on the part identification plate, as specified in Zodiac Aerospace Service Bulletin 766983-28-002, Revision 1, dated March 24, 2014.

    (j) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on any airplane, a fuel probe having any part number and serial number identified in table 1 to paragraph (g) of this AD, unless control tag “C” is marked on the part identification plate, as specified in Zodiac Aerospace Service Bulletin 766983-28-002, Revision 1, dated March 24, 2014.

    (k) Credit for Previous Actions

    This paragraph provides credit for applying the definitions and limitations specified in paragraphs (i)(2) and (j) of this AD, if those provisions were applied before the effective date of this AD using Zodiac Aerospace Service Bulletin 766983-28-002, dated October 15, 2013, which is not incorporated by reference in this AD.

    (l) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or ATR-GIE Avions de Transport Régional's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0075R1, dated April 24, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0568-0002.

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD.

    (n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

    (i) Zodiac Aerospace Service Bulletin 766983-28-002, Revision 1, dated March 24, 2014.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Zodiac Aerospace, Technical Publication Department, 61 Rue Pierre Curie—CS20001, 78373 Plaisir Cedex, France; phone: +33 (0)1 61 34 19 24; fax: +33 (0)1 61 34 21 13; email: [email protected]; Internet: http://www.zodiacaerospace.com.

    (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 18, 2015. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13319 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0646; Directorate Identifier 2013-SW-053-AD; Amendment 39-18174; AD 2015-12-01] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Airbus Helicopters (previously Eurocopter France) Model AS355E, AS355F, AS355F1, and AS355F2 helicopters with a Fueltron flowmeter installed. This AD requires removing each flowmeter, replacing the fuel system hoses, and disabling the electrical connections for the flowmeter installation. This AD was prompted by a report of particle contamination creating an obstruction in a flowmeter which resulted in an uncontrolled flame-out of the engine. The actions of this AD are intended to prevent obstruction of the fuel supply to the flowmeter, which could result in engine flame-out and subsequent loss of control of the helicopter.

    DATES:

    This AD is effective July 14, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of July 14, 2015.

    ADDRESSES:

    For service information identified in this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, Texas 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. It is also available on the Internet at http://www.regulations.gov in Docket No. FAA-2014-0646.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    James Blyn, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    On September 15, 2014, at 79 FR 54925, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to Airbus Helicopters Model AS355E, AS355F, AS355F1, and AS355F2 helicopters with a certain flowmeter installed. The NPRM proposed to require, within 750 hours time-in-service, removing the flowmeter from each engine, replacing the fuel hose with part number (P/N) 704A34-416-029 for the left-hand (LH) engine and P/N 704A34-416-030 for the right-hand (RH) engine, removing the flowmeter indicator, and disabling the flowmeter electrical connections. The proposed requirements were intended to prevent obstruction of the fuel supply to the flowmeter, which could result in engine flame-out and subsequent loss of control of the helicopter.

    The NPRM was prompted by AD No. 2013-0205, dated September 9, 2013, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for Eurocopter (now Airbus Helicopters) Model AS355 E, AS355 F, AS355 F1, and AS355 F2 helicopters with modification 350A070791 (installation of the Fueltron flowmeter), except helicopters with modification 355A085801 (removal of the Fueltron flowmeter). EASA advises, after landing, an AS355 helicopter experienced an uncontrolled flame-out of the No. 1 engine caused by particle contamination in the fuel that obstructed the Fueltron flowmeter. EASA further states that because the flowmeter installation is identical on both engines, this condition could lead to flame-out of both engines in flight, possibly resulting in reduced control of the helicopter. EASA AD No. 2013-0205 requires removing the flowmeter from each engine, modifying the fuel line system with new fuel lines, removing the flowmeter indicator, and disabling the flowmeter electrical connections. Since we issued the NPRM (79 FR 54925, September 15, 2014), the title of the approving official for Alternative Methods of Compliance (AMOCs) has changed. Thus, we have revised the title of the approving official from the Manager of the Regulations and Policy Group to the Manager of the Safety Management Group.

    Comments

    We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (79 FR 54925, September 15, 2014).

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.

    Interim Action

    We consider this AD to be an interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking.

    Related Service Information Under 1 CFR Part 51

    Eurocopter issued Alert Service Bulletin (ASB) No. AS355-28.00.20, Revision 0, dated June 6, 2013, for Model AS355 E, AS355 F, AS355 F1, and AS355 F2 helicopters, which describes procedures for removing and disabling the Fueltron flowmeter installation. The ASB corresponds to Eurocopter modification 355A085801. This information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    Costs of Compliance

    We estimate that this AD will affect 47 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85 per work-hour, removing the flowmeter installation requires about 4 work-hours, and required parts cost about $1,600, for a cost per helicopter of $1,940 and a total cost of $91,180 for the fleet.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on helicopters identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866;

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-12-01 Airbus Helicopters (Previously Eurocopter France): Amendment 39-18174; Docket No. FAA-2014-0646; Directorate Identifier 2013-SW-053-AD. (a) Applicability

    This AD applies to Airbus Helicopters Model AS355E, AS355F, AS355F1, and AS355F2 helicopters, certificated in any category, with a Fueltron flowmeter part number (P/N) 704A37-670-001 installed.

    (b) Unsafe Condition

    This AD defines the unsafe condition as obstruction of the fuel supply to the flowmeter, which could result in engine shutdown and subsequent loss of control of the helicopter.

    (c) Effective Date

    This AD becomes effective July 14, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    (1) Within 750 hours time-in-service:

    (i) Remove each flowmeter.

    (ii) Remove each left-hand hose, P/N 704A34.4160.31, and install hose, P/N 704A34-416-029, as depicted in Figures 1 and 2 of Eurocopter Alert Service Bulletin No. AS355-28.00.20, Revision 0, dated June 6, 2013 (ASB AS355-28.00.20).

    (iii) Remove each right-hand hose, P/N 704A34.4160.32, and install hose, P/N 704A34-416-030, as depicted in Figures 1 and 2 of ASB AS355-28.00.20.

    (iv) Remove each flowmeter indicator and disable the flowmeter wiring as described in the Accomplishment Instructions, paragraph 3.B.2.b., of ASB AS355-28.00.20.

    (2) After the effective date of this AD, do not install a flowmeter, P/N 704A37-670-001, on any helicopter.

    (f) Special Flight Permits

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: James Blyn, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD 2013-0205, dated September 9, 2013. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2014-0646.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 7333, Fuel Flow Sensor.

    (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

    (i) Eurocopter Alert Service Bulletin No. AS355-28.00.20, Revision 0, dated June 6, 2013.

    (ii) Reserved.

    (3) For Eurocopter service information identified in this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, Texas 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub.

    (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For information on the availability of this material at the FAA, call (817) 222-5110.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 29, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13851 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2013-0489; Directorate Identifier 2008-SW-003-AD; Amendment 39-18175; AD 2015-12-02] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Canada Limited AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Bell Helicopter Textron Canada Limited (Bell) Model 206L-1, 206L-3, and 206L-4 helicopters. This AD requires installing a placard and revising the limitations section of the rotorcraft flight manual (RFM). This AD was prompted by several incidents of third stage engine turbine wheel failures caused by excessive vibrations at certain engine speeds during steady-state operations. The actions of this AD are intended to prevent turbine failure, engine power loss, and subsequent loss of control of the helicopter.

    DATES:

    This AD is effective July 14, 2015.

    ADDRESSES:

    For service information identified in this AD, contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-0272; or at http://www.bellcustomer.com/files/. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the supplemental type certificate (STC), the Transport Canada Civil Aviation (TCCA) AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    James Blyn, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION: Discussion

    On June 7, 2013, at 78 FR 34282, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to certain Bell Model 206L-3 and 206L-4 helicopters. The NPRM proposed to require installing a placard on the instrument panel below the dual tachometer and revising the Operating Limitations section of the Model 206L-3 and 206L-4 RFMs by inserting pages that limit steady-state operations between speeds of 71.8% and 91.5%. The proposed requirements were intended to prevent turbine failure, engine power loss, and subsequent loss of control of the helicopter.

    The NPRM was prompted by TCCA AD No. CF-2005-28R1, dated June 14, 2007, to correct an unsafe condition for certain Model 206L-3 and 206L-4 helicopters. TCCA, which is the aviation authority for Canada, advises of several failures of third stage turbine wheels used in Rolls-Royce 250-C30S and 250-C47B engines. According to TCCA, Rolls-Royce determined that detrimental vibrations can occur within a particular range of turbine speeds, and may be a contributing factor to these failures. Bell has revised the RFM and provided a corresponding decal to inform pilots to avoid steady-state operations between 71.8% and 91.5% turbine speeds. The TCCA AD requires amending the RFMs, advising pilots of the change, and installing a decal as described in Bell Alert Service Bulletin (ASB) No. 206L-05-134, dated June 8, 2005, or later revisions.

    On October 3, 2014, at 79 FR 59695, the Federal Register published our supplemental notice of proposed rulemaking (SNPRM), which proposed to revise the applicability and change the procedures for updating the RFM. The SNPRM proposed adding Bell Model 206L-1 helicopters with Engine Upgrade Kit part number (P/N) 206-706-520 installed, to the applicability. Engine Upgrade Kit P/N 206-706-520 replaces the Rolls-Royce 250-C28B engine with a Rolls-Royce 250-C30P engine. The condition causing the failures of third stage turbine wheels used in Rolls-Royce 250-C30S and 250-C-47B engines could also exist in Rolls-Royce 250-C30P engines. The SNPRM also proposed removing Bell Model 206L-3 and 206L-4 helicopters having Rolls-Royce 250-C20R engines installed under STC No. SR00036SE from the applicability because that engine is not affected by the unsafe condition. The SNPRM also proposed changing the procedures for modifying the RFM Limitations Section from inserting revised RFM pages to inserting a copy of this AD into the RFM or by making pen and ink changes.

    Comments

    We gave the public the opportunity to comment on the SNPRM (79 FR 59695, October 3, 2014) but we received no comments.

    FAA's Determination

    These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, TCCA, its technical representative, has notified us of the unsafe condition described in the TCCA AD. We are issuing this AD because we evaluated all information provided by TCCA, reviewed the relevant information, considered the comment received, and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.

    Differences Between This AD and the TCCA AD

    The TCCA AD requires compliance within 10 calendar days; this AD requires compliance within 30 days. This AD is applicable to Model 206L-1 helicopters with Engine Upgrade Kit P/N 206-706-520 installed because the same unsafe condition exits on this model, and the TCCA AD is not.

    Related Service Information

    Bell issued ASB No. 206L-05-134, Revision A, dated April 9, 2007, which describes procedures for installing a placard on the instrument panel below the main rotor RPM (Nr)/power turbine RPM (N2) dual tachometer and for inserting the RFM changes into the flight manual. Revision A of the ASB was issued to exclude Bell Model 206L-3 and 206L-4 helicopters with 250-C20R engines installed under STC No. SR00036SE from the requirements of the ASB.

    Costs of Compliance

    We estimate that this AD will affect 616 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Based on an average labor rate of $85 per work-hour, amending the RFM requires about 0.5 work-hour, for a cost per helicopter of about $43 and a cost to U.S. operators of $26,488. Installing the decal requires about 0.2 work-hour, and required parts cost $20, for a cost per helicopter of $37 and a cost to U.S. operators of $22,792. Based on these estimates, the total cost of this AD is $80 per helicopter and $49,280 for the fleet.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on helicopters identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866;

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-12-02 Bell Helicopter Textron Canada Limited (Bell): Amendment 39-18175; Docket No. FAA-2013-0489; Directorate Identifier 2008-SW-003-AD. (a) Applicability

    This AD applies to the following helicopters, certificated in any category:

    (1) Bell Model 206L-1 with an Engine Upgrade Kit part number (P/N) 206-706-520-101 installed;

    (2) Bell Model 206L-3, serial number (S/N) 51001 through 51612, except those with a Rolls-Royce 250-C20R engine installed under Supplemental Type Certificate (STC) No. SR00036SE; and

    (3) Bell Model 206L-4, S/N 52001 through 52313, except those with a Rolls-Royce 250-C20R engine installed under STC No. SR00036SE.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a third stage turbine vibration, which could result in turbine failure, engine power loss, and subsequent loss of control of the helicopter.

    (c) Effective Date

    This AD becomes effective July 14, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    Within 30 days:

    (1) Install placard P/N 230-075-213-117, or equivalent, on the instrument panel directly below the dual tachometer.

    (2) Revise the Operating Limitations section of the Rotorcraft Flight Manual (RFM) by inserting a copy of this AD into the RFM or by making pen and ink changes as follows:

    (i) In the Power Plant section, beneath the Power Turbine RPM header, add: Avoid continuous operations 71.8% to 91.5%.

    (ii) In the Placards and Decals section, add: “AVOID CONT OPS 71.8% TO 91.5% N2” with the location identification “Location: Instrument Panel.”

    (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: James Blyn, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

    (g) Additional Information

    (1) Bell Alert Service Bulletin No. 206L-05-134, Revision A, dated April 9, 2007, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-0272; or at http://www.bellcustomer.com/files/. You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    (2) STC No. SR00036SE, amended October 20, 1995; and reissued January 23, 2014, may be found on the Internet at http://www.regulations.gov in Docket No. FAA-2013-0489.

    (3) The subject of this AD is addressed in Transport Canada Civil Aviation (TCCA) AD No. CF-2005-28R1, dated June 14, 2007. You may view the TCCA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2013-0489.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 7250, Turbine Section.

    Issued in Fort Worth, Texas, on May 29, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13852 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-1020; Directorate Identifier 2013-SW-078-AD; Amendment 39-18172; AD 2015-11-09] RIN 2120-AA64 Airworthiness Directives; Sikorsky Aircraft Corporation (Type Certificate Previously Held by Schweizer Aircraft Corporation) Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (type certificate previously held by Schweizer Aircraft Corporation) (Sikorsky) Model 269D and Model 269D Configuration A helicopters. This AD requires reducing the life limit of the ring gear carrier assembly. This AD was prompted by cracks in the ring gear carrier assembly. The actions are intended to reduce the life of the ring gear carrier assembly to prevent failure of the main rotor transmission, loss of engine power to the main rotor, and subsequent loss of control of the helicopter.

    DATES:

    This AD is effective July 14, 2015.

    ADDRESSES:

    For service information identified in this AD, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email [email protected] You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Norman Perenson, Aviation Safety Engineer, New York Aircraft Certification Office, Propulsion & Services Branch, FAA, 1600 Stewart Ave., Westbury, New York; telephone (516) 228-7337; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    On December 15, 2014, at 79 FR 74037, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to Sikorsky Model 269D and Model 269D Configuration A helicopters with a certain part-numbered ring carrier assembly installed. The NPRM proposed to require reducing the life limit of the ring carrier assembly from 6,000 hours time-in-service (TIS) to 5,000 hours TIS by revising the Airworthiness Limitations Section of the applicable maintenance manual and by removing from service any ring carrier assembly that exceeded the new life limit. The NPRM was prompted by the discovery of a crack in the ring gear carrier assembly, which extended around the entire circumference of the flange and intersected some of the bolt holes but did not propagate “bolt hole to bolt hole.” A metallurgical evaluation determined that fretting caused multiple origin fatigue cracking on the ring gear carrier assembly. The proposed requirements were intended to reduce the life of the ring gear carrier assembly to prevent failure of the main rotor transmission, loss of engine power to the main rotor, and subsequent loss of control of the helicopter.

    Comments

    We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (79 FR 74037, December 15, 2014).

    FAA's Determination

    We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.

    Related Service Information

    Sikorsky issued 269D Helicopter Alert Service Bulletin No. ASB DB-040A, Revision A, dated December 4, 2012, to implement a reduction in service life of the ring gear carrier assembly, part number 269A5194, from 6,000 flight hours to 5,000 flight hours.

    Costs of Compliance

    We estimate that this AD will affect 16 helicopters of U.S. Registry.

    We estimate that operators may incur the following costs in order to comply with this AD. We estimate a minimal cost to change the life limit of the ring gear. If required, we estimate it would take 27.5 hours to replace a ring gear carrier assembly at $85 per work hour. Required parts would cost $7,591 for a total of $9,929 per helicopter.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-11-09 Sikorsky Aircraft Corporation (Type Certificate Previously Held By Schweizer Aircraft Corporation): Amendment 39-18172; Docket No. FAA-2014-1020; Directorate Identifier 2013-SW-078-AD. (a) Applicability

    This AD applies to Sikorsky Aircraft Corporation Model 269D and Model 269D Configuration A helicopters with ring gear carrier assembly, part number (P/N) 269A5194, installed, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a fatigue crack in a ring gear carrier assembly. This condition could result in failure of the main rotor transmission, loss of engine power to the main rotor, and subsequent loss of control of the helicopter.

    (c) Effective Date

    This AD becomes effective July 14, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    Before further flight:

    (1) Revise the Airworthiness Limitations Section of the applicable maintenance manual by reducing the life limit of the ring gear carrier assembly, P/N 269A5194, from 6,000 hours time-in-service (TIS) to 5,000 hours TIS.

    (2) Remove from service any ring gear carrier assembly, P/N 269A5194, with 5,000 or more hours TIS.

    (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Norman Perenson, Aviation Safety Engineer, New York Aircraft Certification Office, Propulsion & Services Branch, FAA, 1600 Stewart Ave., Westbury, New York; telephone (516) 228-7337; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (g) Additional Information

    Sikorsky 269D Helicopter Alert Service Bulletin No. ASB DB-040A, Revision A, dated December 4, 2012, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email [email protected] You may review a copy of information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6300 Main Rotor Drive System.

    Issued in Fort Worth, Texas, on May 29, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13846 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0493; Directorate Identifier 2013-SW-019-AD; Amendment 39-18173; AD 2015-11-10] RIN 2120-AA64 Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Model Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Sikorsky Model S-92A helicopters. This AD requires installing a main gearbox (MGB) failed pump sensor and vacuum switch wiring, installing an MGB oil auto bypass system, activating Aircraft Management System (AMS) 7.1 software to show a new visual warning, and installing updated enhanced ground proximity warning system (EGPWS) software that includes an aural annunciation of a complete oil pressure loss condition. This AD also requires inserting a Rotorcraft Flight Manual (RFM) Supplement into the applicable RFM. This AD was prompted by investigation results of in-service oil leakage incidents. The actions are intended to alert and prevent MGB oil loss, which could lead to failure of the MGB and subsequent loss of control of the helicopter.

    DATES:

    This AD is effective July 14, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of July 14, 2015.

    ADDRESSES:

    For service information identified in this AD, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email [email protected]; or at http://www.sikorsky.com. For the Honeywell service information identified in this proposed AD, contact Honeywell International, Inc., at 15001 NE. 36 Street, Redmond, WA 98052-5316, telephone (800) 601-3099; email www.myaerospace.com. You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Michael Schwetz, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, FAA, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-7761; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    On July 23, 2014, at 79 FR 42719, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to certain serial-numbered Sikorsky Model S-92A helicopters. The NPRM proposed to require inserting an RFM Supplement into the applicable RFM, and depending on the helicopter's serial number, installing an MGB failed pump sensor and vacuum switch wiring, installing an MGB oil auto bypass system, activating AMS 7.1 software to show a new MGB “OIL OUT” visual warning, and updating the EGPWS software to include an aural annunciation of a complete oil pressure loss condition.

    The proposed AD was prompted by one accident and one in-service oil leakage incident where it was discovered during subsequent investigations that the pilot failed to activate the bypass valve within 5 seconds of the oil pressure dropping below 35 psi, as required by the RFM. Both accident and incident investigations found that the pilot activated the bypass valve well beyond the 5 seconds. The manual operation of the bypass valve within 5 seconds of the oil pressure dropping below 35 psi has proven not to be a realistic expectation. The proposed requirements were intended to alert and prevent MGB oil loss, which could lead to failure of the MGB and subsequent loss of control of the helicopter.

    Comments

    Sikorsky commented that it supported issuing the AD but felt portions of the “Discussion” section in the preamble of the NPRM (79 FR 42719, July 23, 2014) needed clarification.

    We agree with some of the commenter's language regarding the function of the MGB oil auto bypass system. However, the commenter has not requested that we change the proposed rule.

    FAA's Determination

    We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of the same type design and that air safety and the public interest require adopting the AD requirements as proposed.

    Related Service Information Under 1 CFR Part 51

    We reviewed Sikorsky S-92A Rotorcraft Flight Manual (RFM) Supplement No. 45, Part I, dated July 30, 2012. The RFM supplement provides preflight checks and emergency procedures for the oil pump failure indicating system and the MGB auto bypass. This information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    Other Related Service Information

    Sikorsky has issued the following service information:

    • Alert Service Bulletin (ASB) No. 92-63-024C, Revision C, dated October 7, 2011, for certain serial-numbered helicopters specifies installing a main module input gear box switch assembly and modifying the MGB vacuum switch wiring. Before making the modification, the ASB states an AMS 4.1 or greater version must first be installed and the following Customer Service Notices (CSN) completed: CSN 92-068C, Revision C, dated March 27, 2012, and CSN 92-069A, Revision A, dated November 10, 2011.

    • ASB 92-63-027, Basic Issue, dated January 21, 2013, for certain serial-numbered helicopters specifies installing an MGB oil pressure automatic bypass system, activating an MGB “OIL OUT” visual warning in the AMS 7.1 software, and performing systems operational checkout procedures. Before or when installing the MGB oil pressure auto bypass system, the ASB states the following must be complied with: CSN 92-089, Basic Issue, dated January 10, 2013; ASB 92-34-002, Basic Issue, dated January 21, 2013; and ASB 92-63-024C, Revision C, dated October 7, 2011.

    • ASB 92-34-002, Basic Issue, dated January 21, 2013, for certain serial-numbered helicopters with certain part-numbered EGPWS installed, specifies installing EGPWS updated software version 030, which adds an MGB “OIL OUT” aural warning, in accordance with Honeywell International, Inc., Service Bulletin 965-1595-34-23, Revision 0, dated March 13, 2012. Before or during installation of the updated software, the ASB states the following must be complied with: ASB 92-63-027, Basic Issue, dated January 21, 2013, and CSN 92-089, Basic Issue, dated January 10, 2013.

    Differences Between This AD and the Service Information

    This AD requires compliance within 500 hours time-in-service, and the service information specifies certain dates and calendar times.

    Costs of Compliance

    We estimate that this AD will affect 44 helicopters of U.S. Registry.

    We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per hour. The work hours and required parts costs are estimated as follows:

    • .5 work hour to insert the RFM Supplement into the RFM.

    • 8 work hours plus $2,200 for required parts to install an MGB failed pump sensor;

    • 4 work hours plus $250 for required parts to install MGB vacuum switch wiring;

    • 71.7 work hours plus $4,100 for required parts to install an MGB oil pressure auto bypass system;

    • 1 work hour to activate AMS 7.1; and

    • 1 work hour plus $500 for required parts to install EGPWS software.

    The total cost of compliance for all actions will be about $14,377 per helicopter and $632,588 for the U.S. fleet.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866;

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-11-10 Sikorsky Aircraft Corporation: Amendment 39-18173; Docket No. FAA-2014-0493; Directorate Identifier 2013-SW-019-AD. (a) Applicability

    This AD applies to Model S-92A helicopters, serial number (S/N) 920006 through 920179, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as main gearbox (MGB) oil loss, which could lead to failure of the MGB and subsequent loss of control of the helicopter.

    (c) Effective Date

    This AD becomes effective July 14, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    Within 500 hours time-in-service:

    (1) Insert a copy of the Sikorsky S-92A Rotorcraft Flight Manual (RFM) Supplement No. 45, Part I, dated July 30, 2012, into the RFM.

    (2) For helicopters with S/N 920006 through 920132:

    (i) Install an MGB failed pump sensor, Modification Kit Part Number (P/N) 92070-35007-011.

    (ii) Install MGB vacuum switch wiring, Modification Kit P/N 92070-55039-013.

    (3) For helicopters with S/N 920006 through 920179:

    (i) Install an MGB auto bypass system, Modification Kit P/N 92070-55061-011.

    (ii) Activate Aircraft Management System 7.1 software to show a new MGB “OIL OUT” visual warning.

    (iii) Install enhanced ground proximity warning system software version 030.

    (f) Special Flight Permit

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Michael Schwetz, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, FAA, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-7761; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (h) Additional Information

    Sikorsky Alert Service Bulletin (ASB) No. 92-63-024C, Revision C, dated October 7, 2011; Sikorsky ASBs 92-63-027 and 92-34-002, both Basic Issue and both dated January 21, 2013; Sikorsky Customer Service Notice (CSN) 92-068C, Revision C, dated March 27, 2012; CSN 92-069A, Revision A, dated November 10, 2011; CSN 92-089, Basic Issue, dated January 10, 2013; and Honeywell International, Inc., Service Bulletin 965-1595-34-23, Revision 0, dated March 13, 2012, which are not incorporated by reference, contain additional information about the subject of this AD. For service information identified in this AD, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email [email protected]; or at http://www.sikorsky.com and Honeywell International, Inc., at 15001 NE. 36 Street, Redmond, WA 98052-5316, telephone (800) 601-3099; or at www.myaerospace.com. You may review a copy of this service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6320 Main Rotor Gearbox.

    (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

    (i) Sikorsky S-92A Rotorcraft Flight Manual Supplement No. 45, Part I, dated July 30, 2012.

    (ii) Reserved.

    (3) For Sikorsky service information identified in this AD, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email [email protected]; or at http://www.sikorsky.com.

    (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For information on the availability of this material at the FAA, call (817) 222-5110.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 29, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13844 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1650; Airspace Docket No. 14-AEA-8] RIN 2120-AA66 Amendment of VOR Federal Airways; Northeastern United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action amends VOR Federal Airways V-31, V-36, V-98, V-164 and V-252 by removing from the route descriptions, those segments that extend into and/or through Canadian airspace. This action is necessary to match route changes made by Canada as part of the Windsor-Toronto-Montreal (W-T-M) project. The route segments in Canada are no longer in effect; therefore, the United States has issued Notices to Airmen (NOTAM) identifying the affected segments as “not authorized” pending the deletion of the segments from the route descriptions through this rulemaking action.

    DATES:

    Effective date: 0901 UTC, August 20, 2015. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

    ADDRESSES:

    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Paul Gallant, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it is merely an editorial change to the legal descriptions of V-31, V-36, V-98, V-164 and V-252 to reflect changes in the Canadian route structure.

    Background

    This action amends VOR Federal airways V-31, V-36, V-98, V-164 and V-252 as a result of the Windsor-Toronto-Montreal (W-T-M) and Northeast United States Cross-border Airspace Modernization and Redesign initiative. NavCanada, in an effort to transition to an Area Navigation (RNAV) route system, removed a number of conventional airways, many of which crossed the United States/Canadian border. The airways listed above with the exception of V-98 were part of that initiative that became effective on November 13, 2014 (79 FR 57758). Canadian segments of V-98 were subsequently removed by Canada in January 2015. Coordination for the modification of the Federal airways listed above was not completed in time for inclusion in the November 13, 2014, docket action. Currently, the United States has issued regulatory Notices to Airman (NOTAM) classifying the segments of the above listed airways lying within Canadian airspace as “not authorized.”

    This action is required to match the changes in the Canadian route structure. It will enhance safety within the National Airspace System and will facilitate a seamless air traffic route system between the two countries.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by removing those former route segments in Canadian airspace from the descriptions of VOR Federal airways V-31, V-36, V-98, V-164 and V-252. This action aligns the United States airways with route changes instituted by Canada as part of NavCanada's W-T-M project.

    The following is a summary of the specific changes by route. Where new navigation aid radials are designated, both True and Magnetic degrees are stated. Otherwise, only True degrees are shown.

    V-31 The segment between the intersection of the Rochester 279° and the Toronto, Canada 150° radials is removed and a new end point formed by the intersection of the Rochester 279° and the Buffalo, NY 023°(T)/031°(M) radials is inserted.

    V-36 The segments between Thunder Bay, ON, Canada and the intersection of the Toronto and Buffalo radials is removed, The amended route extends between Buffalo, NY and the intersection of the LaGuardia, NY 310° and the Stillwater, NJ 043° radials as currently published.

    V-98 The segments between Windsor, ON, Canada and St. Jean, PQ, Canada are removed.

    V-164 The segment between Toronto, ON, Canada and Buffalo, NY is removed. The amended route extends between Buffalo and East Texas, PA as currently published.

    V-252 The segment between Toronto, ON, Canada and the intersection of the Toronto 116° and the Geneseo, NY 305° radials is removed. A new start point formed by the intersection of the Buffalo, NY 023°(T)/031°(M) and the Geneseo 305° radials is inserted. The remainder of the route to Dupont, DE, is unchanged,

    In the regulatory text, below, only True degrees are listed when defining radials.

    Since this action involves removing from the descriptions of VOR Federal airways V-31, V-36, V-98, V-164 and V-252, those route segments in Canada that have previously been cancelled, I find that notice and public procedures under 5 U.S.C. 553(b) are unnecessary.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Domestic VOR Federal Airways are published in paragraph 6010(a) of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The VOR Federal Airways listed in this document will be published subsequently in the Order.

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, paragraph 311k. This airspace action consists of editorial changes only and is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6010(a)—Domestic VOR Federal Airways V-31 [Amended]

    From Patuxent River, MD; INT Patuxent River 338° and Nottingham, MD, 128° radials; Nottingham. From Baltimore, MD; INT Baltimore 004° and Harrisburg, PA, 147° radials; Harrisburg; Selinsgrove, PA; Williamsport, PA; Elmira, NY; INT Elmira 002° and Rochester, NY, 120° radials; Rochester; to INT Rochester 279° and Buffalo, NY 023° radials.

    V-36 [Amended]

    From Buffalo, NY; Elmira, NY; INT Elmira 110° and LaGuardia, NY, 310° radials; to INT LaGuardia 310° and Stillwater, NJ, 043° radials.

    V-98 [Amended]

    From Dayton, OH; INT Dayton 358° and Carleton, MI, 243° radials; to INT Carleton 243° and Waterville, OH, 321° radials.

    V-164 [Amended]

    From Buffalo, NY; Wellsville, NY; Stonyfork, PA; Williamsport, PA; INT Williamsport 129° and East Texas, PA, 315° radials; to East Texas.

    V-252 [Amended]

    From INT Buffalo, NY 023° and Geneseo, NY, 305° radials; Geneseo; Binghamton, NY; Huguenot, NY; INT Huguenot 196° and Robbinsville, NJ, 351° radials; Robbinsville; to Dupont, DE.

    Issued in Washington, DC, on June 2, 2015. Gary A. Norek, Manager, Airspace Policy and Regulations Group.
    [FR Doc. 2015-13980 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 660 [Docket No. 140528460-5498-03] RIN 0648-BE25 Fisheries off West Coast States; Highly Migratory Fisheries; California Swordfish Drift Gillnet Fishery; Vessel Monitoring System Requirements AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Final rule; effectiveness of collection-of-information requirements.

    SUMMARY:

    NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations pertaining to the U.S. West Coast drift gillnet (DGN) fishery in a final rule that published on February 26, 2015, pursuant to the Paperwork Reduction Act of 1995 under OMB control number 0648-0498. The intent of this final rule is to publish the OMB control number for the collection-of-information requirements associated with the vessel monitoring system (VMS) regulations and to inform the public of their effectiveness.

    DATES:

    This final rule is effective July 9, 2015. Amendments to paragraphs (l), (o), and (p) of § 660.705 and paragraphs (f)(2) through (g)(5) of § 660.713 published at 80 FR 10392 (February 26, 2015) are effective on July 9, 2015.

    ADDRESSES:

    Written comments regarding burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to the Regional Administrator, NMFS, West Coast Regional Office, 7600 Sand Point Way, NE., Bldg. 1, Seattle, WA. 98115-0070, or [email protected], and by email to [email protected], or fax to (202) 395-7285.

    FOR FURTHER INFORMATION CONTACT:

    Amber Rhodes, NMFS, (562) 980-3231, or [email protected].

    SUPPLEMENTARY INFORMATION:

    The DGN fishery is managed under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species, which was prepared by the Pacific Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801, et seq., by regulations at 50 CFR part 660.

    Background

    A final rule to add regulations at 50 CFR part 660, subpart K, to require use of a NMFS-approved VMS and to institute a 48-hour pre-trip call-in notification requirement for DGN vessel owners and operators, was published in the Federal Register on February 26, 2015 (80 FR 10392). The requirements of that final rule, other than the collection-of-information requirements associated with VMS requirements, were effective on March 30, 2015. Because OMB approval of the collection-of-information requirements had not been received by the date that the final rule was published, the effective date of the VMS requirements was delayed.

    OMB approved the collection-of-information requirements contained in the final rule on May 5, 2015. Accordingly, this final rule makes effective the collection-of-information requirements at § 660.705 and § 660.713, which were amended in the February 26, 2015, final rule.

    Classification

    This final rule has been determined to be not significant for purposes of Executive Order 12866.

    This final rule contains a collection-of-information requirements subject to the Paperwork Reduction Act (PRA) under OMB Control Number 0648-0498. The public reporting burden for compliance with the these requirements is estimated to include a one-time, 4-hour response time for installing a VMS unit and a 1-hour response time annually to maintain and repair a unit. Activation and exemption reports are estimated to average 5 minutes per response, including time to review instructions for, and prepare and submit the reports.

    Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection-of-information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB control number.

    List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: June 3, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 902 as follows:

    Title 15—Commerce and Foreign Trade PART 902—NOAA INFORMATION COLLECTION REQUIREMENT UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 1. The authority citation for part 902 continues to read as follows: Authority:

    44 U.S.C. 3501 et seq.

    2. In § 902.1, in the table in paragraph (b), under the entry “50 CFR”, add entries in alphanumeric order for “660.705(l), (o) and (p)” and “660.713(f)(2) through (g)(5)” to read as follows:
    § 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act.

    (b) * * *

    CFR part or section where the information collection
  • requirement is located
  • Current OMB control number (all numbers begin with 0648-)
    *    *    *    *    * 50 CFR *    *    *    *    * 660.705(l), (o), (p) -0498 *    *    *    *    * 660.713(f)(2) through (g)(5) -0498 *    *    *    *    *
    [FR Doc. 2015-14002 Filed 6-8-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2015-0441] Special Local Regulation; Annual Marine Events on the Colorado River, Between Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona) Within the San Diego Captain of the Port Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce a marine event special local regulation on the navigable waters of the Colorado River between Davis Camp to Rotary Park in Bullhead City, AZ in support of the annual Bullhead City River Regatta on August 8, 2015, from 6 a.m. to 6 p.m. This action is necessary to provide for the safety of the participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

    DATES:

    The special local regulations listed in 33 CFR 100.1102, Table 1, Item 16, will be enforced from 6 a.m. to 6 p.m. on August 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this publication, call or email Petty Officer Nick Bateman, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the marine event special local regulation for the annual Bullhead City River Regatta in 33 CFR 100.1102, Table 1, Item 16 on August 8, 2015, from 6 a.m. to 6 p.m.

    Under the provisions of 33 CFR 100.1102, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area of the Colorado River unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This document is issued under authority 33 CFR 100.1102 and 5 U.S.C. 552(a). In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and local advertising by the event sponsor.

    If the Coast Guard determines that the regulated area need not be enforced for the full duration stated on this document, then a Broadcast Notice to Mariners or other communications coordinated with the event sponsor will grant general permission to enter the regulated area.

    Dated: May 22, 2015. J.S. Spaner, Captain, U. S. Coast Guard, Captain of the Port San Diego.
    [FR Doc. 2015-14086 Filed 6-8-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0462] Drawbridge Operation Regulation; China Basin, San Francisco, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the 3rd Street Drawbridge across China Basin, mile 0.0 at San Francisco, CA. The deviation is necessary to allow participants to cross the bridge during the San Francisco Marathon. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

    DATES:

    This deviation is effective from 6 a.m. to 2:30 p.m. on July 26, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0462], is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516, email [email protected]. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    The City of San Francisco has requested a temporary change to the operation of the 3rd Street Drawbridge, mile 0.0, over China Basin, at San Francisco, CA. The drawbridge navigation span provides a vertical clearance of 3 feet above Mean High Water in the closed-to-navigation position. The draw opens on signal if at least one hour notice is given, as required by 33 CFR 117.149. Navigation on the waterway is recreational.

    The drawspan will be secured in the closed-to-navigation position from 6 a.m. to 2:30 p.m. on July 26, 2015, to allow participants to cross the bridge during the San Francisco Marathon. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised.

    Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: May 28, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District.
    [FR Doc. 2015-14067 Filed 6-8-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0228] Safety Zones; Fireworks Events in Captain of the Port New York Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce various safety zones within the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP).

    DATES:

    The regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed under SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this document, call or email Lieutenant Douglas Neumann, Coast Guard; telephone 718-354-4154, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the safety zones listed in 33 CFR 165.160 on the specified dates and times as indicated in Table 1.

    Table 1 1. The Boston Consulting Group, Liberty Island Safety Zone, 33 CFR 165.160(2.1) • Launch site: A barge located in approximate position 40°41′16.5″ N. 074°02′23″ W. (NAD 1983), located in Federal Anchorage 20-C, about 360 yards east of Liberty Island. This Safety Zone is a 360-yard radius from the barge.
  • • Date: June 12, 2015.
  • • Time: 8:30 p.m.-9:45 p.m.
  • 2. Heritage of Pride, Pier 40 Safety Zone, 33 CFR 165.160(5.14) • Launch site: A barge located in approximate position 40°43′30″ N. 074°01′06.7″ W. (NAD 1983), in the vicinity of the Holland Tunnel Ventilator, 530 yards south of Pier 40, Manhattan, New York. This Safety Zone is a 240-yard radius from the barge.
  • • Date: June 28, 2015.
  • • Time: 09:15 p.m.-10:30 p.m.
  • 3. Briggs Inc., Ellis Island Safety Zone, 33 CFR 165.160(2.2) • Launch site: A barge located between Federal Anchorages 20-A and 20-B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge.
  • • Date: June 06, 2015.
  • • Time: 10:00 p.m.-11:20 p.m.
  • 4. Havas Worldwide LLC, Pier 60 Safety Zone, 33 CFR 165.160(5.1) • Launch site: A barge located in approximate position 40°44′49″ N. 074°01′02″ W. (NAD 1983), approximately 500 yards west of Pier 60, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.
  • • Date: June 25, 2015.
  • • Rain Date: June 26, 2015.
  • • Time: 10:45 p.m.-12:15 a.m.
  • 5. Ellis Island Medals of Honor, Liberty Island Safety Zone, 33 CFR 165.160(2.1) • Launch site: A barge located in approximate position 40°41′16.5″ N. 074°02′23″ W. (NAD 1983), located in Federal Anchorage 20-C, about 360 yards east of Liberty Island. This Safety Zone is a 360-yard radius from the barge.
  • • Date: May 09, 2015.
  • • Time: 11:00 p.m.-12:10 a.m.
  • 6. Big Shoulders, Liberty Island Safety Zone, 33 CFR 165.160(2.1) • Launch site: A barge located in approximate position 40°41′16.5″ N. 074°02′23″ W. (NAD 1983), located in Federal Anchorage 20-C, about 360 yards east of Liberty Island. This Safety Zone is a 360-yard radius from the barge.
  • • Date: June 20, 2015.
  • • Time: 11:30 p.m.-11:45 p.m.
  • Under the provisions of 33 CFR 165.160, vessels may not enter the safety zones unless given permission from the COTP or a designated representative. Spectator vessels may transit outside the safety zones but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This document is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552(a). In addition to this notification in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that a safety zone need not be enforced for the full duration stated in this document, a Broadcast Notice to Mariners may be used to grant general permission to enter the safety zone.

    Dated: April 17, 2015. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York.
    [FR Doc. 2015-14103 Filed 6-8-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0349] Safety Zone; Southern California Annual Firework Events for the San Diego Captain of the Port Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the Big Bay Boom Fourth of July Fireworks safety zones on July 4, 2015. This reoccurring marine event occurs on the navigable waters of San Diego Bay in San Diego, California. This action is necessary to provide for the safety of the participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

    DATES:

    The regulations for the marine event listed in 33 CFR 165.1123, Table 1, Item 5, will be enforced from 8:30 p.m. to 10 p.m. on July 4, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this publication, call or email Petty Officer Nick Bateman, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the four safety zones in San Diego Bay for the Big Bay Boom Fourth of July Fireworks Display in 33 CFR 165.1123, Table 1, Item 5 from 8:30 p.m. to 10 p.m.

    Under the provisions of 33 CFR 165.1123, persons and vessels are prohibited from entering into, transiting through, or anchoring within the four 1,000 foot regulated area safety zones located in San Diego Bay from Shelter Island to the Embarcadero, specifically located around each tug and barge, unless authorized by the Captain of the Port, or his designated representative. Persons or vessels desiring to enter into or pass through the safety zones may request permission from the Captain of the Port or his designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or designated representative. Spectator vessels may safely transit outside the regulated area, but may not anchor, block, loiter, or impede the transit of participants or official patrol vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This document is issued under authority of 5 U.S.C. 552(a) and 33 CFR 165.1123. In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and local advertising by the event sponsor. If the Coast Guard determines that the regulated area need not be enforced for the full duration stated on this document, then a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area.

    Dated: May 22, 2015. J.S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego.
    [FR Doc. 2015-14109 Filed 6-8-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0348] Safety Zone; Southern California Annual Firework Events for the San Diego Captain of the Port Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the Coronado Glorietta Bay Fourth of July Fireworks safety zone on July 4, 2015. This reoccurring annual marine event occurs on the navigable waters of Glorietta Bay, a subsection of San Diego Bay in San Diego, California. This action is necessary to provide for the safety of the participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

    DATES:

    The regulations for the marine event listed in 33 CFR 165.1123, Table 1, Item 3, will be enforced from 8:30 p.m. to 10 p.m. on July 4, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this publication, call or email Petty Officer Nick Bateman, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the safety zone in San Diego Bay for the Coronado Glorietta Bay Fourth of July Fireworks Display listed in 33 CFR 165.1123, Table 1, Item 3 from 8:30 p.m. to 10 p.m.

    Under the provisions of 33 CFR 165.1123, persons and vessels are prohibited from entering into, transiting through, or anchoring within the 800 foot regulated area safety zone around the tug and barge unless authorized by the Captain of the Port, or his designated representative. Persons or vessels desiring to enter into or pass through the safety zone may request permission from the Captain of the Port or his designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or designated representative. Spectator vessels may safely transit outside the regulated area, but may not anchor, block, loiter, or impede the transit of participants or official patrol vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This document is issued under authority of 5 U.S.C. 552(a) and 33 CFR 165.1123. In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and local advertising by the event sponsor.

    If the Coast Guard determines that the regulated area need not be enforced for the full duration stated on this document, then a Broadcast Notice to Mariners or other communications coordinated with the event sponsor will grant general permission to enter the regulated area.

    Dated: May 22, 2015. J.S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego.
    [FR Doc. 2015-14068 Filed 6-8-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2013-0818; A-1-FRL-9928-86-Region-1] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Decommissioning of Stage II Vapor Recovery Systems and Amending Stage I Vapor Recovery Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island Department of Environmental Management. This revision includes regulatory amendments that allow gasoline dispensing facilities (GDFs) to decommission their Stage II vapor recovery systems as of December 25, 2013, and a demonstration that such removal is consistent with the Clean Air Act and EPA guidance. This revision also includes regulatory amendments that strengthen Rhode Island's requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to approve Rhode Island's revised vapor recovery regulation. This action is being taken in accordance with the Clean Air Act.

    DATES:

    This rule is effective on July 9, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2013-0818. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

    Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at Office of Air Resources, Department of Environmental Management, 235 Promenade Street, Providence, RI 02908-5767.

    FOR FURTHER INFORMATION CONTACT:

    Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-0660, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

    Organization of this document. The following outline is provided to aid in locating information in this preamble.

    I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose

    On October 24, 2014 (79 FR 63591), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Rhode Island. The NPR proposed approval of Rhode Island's revised Air Pollution Control Regulation 11, “Petroleum Liquids Marketing and Storage,” that had been amended to allow the decommissioning of Stage II vapor recovery systems and to strengthen Stage I vapor recovery requirements. The formal SIP revision was submitted by the Rhode Island Department of Environmental Management (DEM) on December 13, 2013 and also included a demonstration that the decommissioning of Stage II vapor recovery systems at gasoline dispensing facilities (GDFs) is consistent with the Clean Air Act and EPA guidance.

    A detailed discussion of Rhode Island's December 13, 2013 SIP revision and EPA's rationale for proposing approval of the SIP revision were provided in the NPR and will not be restated in this notice, except to the extent relevant to our responses to public comments we received on our proposal.

    II. Response to Comments

    EPA received one comment on the NPR from Ted Tiberi, ARID Technologies, Inc. That comment is summarized below with EPA's response.

    Comment: The commenter stated its opposition to EPA's proposed approval of Rhode Island's revised Air Pollution Control Regulation 11. The commenter believes the Clean Air Act (CAA) section 110(l) demonstration included in Rhode Island's December 13, 2013 SIP submittal is flawed and that there are significant emission reduction losses (i.e. “increased emissions”) resulting from the removal of the Stage II program requirements in Rhode Island. The commenter submitted graphs and calculations in support of its claims, purporting to show the levels of foregone emissions reduction that would result from implementation of Rhode Island's SIP revision request. The commenter also asserts that the increased emissions represent a significant environmental, health and safety risk, and that a disproportionate share of the risks will be borne by motorists refueling vehicles not equipped with onboard refueling vapor recovery (ORVR) systems.

    Response: EPA disagrees with ARID Technologies' assertion that Rhode Island's CAA section 110(l) demonstration is flawed and that there will be impermissibly significant increased emissions from this action. Rhode Island's section 110(l) demonstration was performed in accordance with EPA's final rule determining that ORVR is now in widespread use in the national motor vehicle fleet (77 FR 28772, May 16, 2012) and EPA's “Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures” (EPA-457/B-12-001, August 7, 2012), hereafter, EPA's August 7, 2012 Guidance (a copy of this guidance has been placed in the public docket for this action).

    The Rhode Island rule allows GDFs to decommission Stage II systems as of December 25, 2013, and requires GDFs to decommission their Stage II systems by the end of 2017 unless, by December 22, 2017, a GDF is equipped with an ORVR-compatible Stage II system or installs air pollution control systems to control tank excess vent emissions resulting from Stage II systems that are incompatible with ORVR. Such GDFs, with Stage II systems operational beyond the December 22, 2017 date, are required to continue to operate and maintain their Stage II vapor recovery systems in accordance with Rhode Island's regulations, until the time when such Stage II vapor recovery system is ever decommissioned. Appendix Table A-1 of EPA's August 7, 2012 Guidance illustrates that by the end of 2017, about 87% of the vehicles in the national motor vehicle fleet will be equipped with ORVR. The number of ORVR-equipped vehicles in Rhode Island will likely be even higher due to Rhode Island having a more accelerated motor vehicle fleet turnover when compared to the national motor vehicle fleet.1 Appendix Table A-1 also illustrates that by the end of 2017, over 90% of gasoline dispensed nationally will be to ORVR-equipped vehicles, which is also likely to be higher in Rhode Island due to a newer motor vehicle fleet. At that point in time, since a vast majority of Rhode Island vehicles being refueled at gasoline dispensing facilities will be equipped with ORVR systems, the ORVR systems will be controlling the volatile organic compound (VOC) emissions, making Stage II vapor recovery systems a redundant, and potentially incompatible, emissions control technology in Rhode Island. Therefore, removing the Stage II systems is not expected to result in a significant emissions increase, but is expected to avoid emissions increases resulting from the incompatibility of some Stage II systems with ORVR controls.

    1 Rhode Island's December 13, 2013 SIP revision includes an analysis of vehicle registration data obtained from the Rhode Island Department of Motor Vehicles, which illustrates that by December 4, 2012, the fraction of gasoline vehicles in Rhode Island equipped with ORVR was 73.1%. This is a slightly more accelerated fleet turn-over estimate than EPA's end of the 2012 calendar year estimate of 71.4% ORVR penetration in the national gasoline fueled motor vehicle fleet.

    EPA also disagrees with the comment that the increased emissions the commenter asserts will result from removal of Stage II controls represent a significant environmental, health and safety risk. EPA's August 7, 2012 Guidance states that “EPA believes it is reasonable to conclude that the incremental emissions control that Stage II achieves beyond ORVR is de minimis if it is less than 10 percent of the area-wide emissions inventory associated with refueling highway motor vehicles.” As noted in the NPR, Rhode Island appropriately calculated the increase in refueling-associated emissions from the decommissioning of Stage II systems in 2013 as 7.2 percent, thus meeting this de minimis threshold. As also noted in the NPR, the increase in emissions from Stage II system decommissioning calculated by Rhode Island for 2013 (69 tons of VOC) are only about 0.3 percent of the total anthropogenic VOC emissions in Rhode Island (see EPA's 2011 National Emissions Inventory database Version 1 at www.epa.gov/ttn/chief/net/2011inventory.html). Also, as explained in EPA's ORVR rulemaking and in EPA's August 7, 2012 Guidance, these foregone emissions reductions in the near term continue to diminish rapidly over time as ORVR phase-in continues. Therefore, since the de minimis criteria discussed in EPA's August 7, 2012 Guidance have been met, EPA is approving Rhode Island's SIP revision.

    Furthermore, we note that Rhode Island's revised Regulation 11 also includes new Stage I vapor recovery requirements that will lead to additional emission reductions. Specifically, the regulation requires GDFs to upgrade their Stage I vapor recovery systems to CARB-certified Stage I Enhanced Vapor Recovery (EVR) systems or a Stage I vapor recovery system composed of EVR system components (Stage I EVR component systems). The upgrade to Stage I EVR systems or Stage I EVR component systems is required upon facility start-up for facilities beginning operation or installing a fuel storage tank as of December 25, 2013. In addition, as of December 25, 2013, any component of a pre-existing Stage I vapor recovery system that is replaced is required to be replaced with a CARB-certified Stage I EVR component. The Rhode Island regulation further requires that all Stage I systems be CARB-certified Stage I EVR systems or Stage I EVR component systems by December 25, 2020. CARB-certified Stage I EVR systems have been certified to achieve a 98 percent reduction in VOC emissions, as compared to 95 percent for pre-EVR Stage I systems. Thus, when pre-EVR Stage I systems in Rhode Island are replaced with CARB-certified Stage I EVR systems, a greater emission reduction will be achieved. Also, when a component of a pre-EVR Stage I system is replaced with a CARB-certified Stage I EVR component, a somewhat greater reduction is expected to be achieved. These additional reductions will further mitigate any temporary declining emissions increases, which are already de minimis, resulting from removal of Stage II equipment.

    Finally, with respect to the graphs and calculations submitted as part of ARID Technologies' comments, we note that, in some cases, differing assumptions were used by the commenter as compared to those used by Rhode Island. For example, the ARID Technologies calculations assume a Stage II vapor recovery efficiency of 75 percent, whereas Rhode Island used a more conservative figure of 70 percent. EPA's August 7, 2012 Guidance states that Stage II control efficiencies are typically in the range of 60-75 percent. Assuming a higher Stage II efficiency would result in a higher estimate of foregone emission reductions. However, in some cases, the assumptions and/or the basis or references for the assumptions used in the commenter's calculations are not stated. Therefore, we are not, at this time, assessing the appropriateness of each of the individual calculations included in the ARID Technologies documents but instead note that the commenter's summary result of 400,000 lbs (or 200 tons) of hydrocarbon emissions in 2013 (see slide 8 of the commenter's presentation), although higher than the Rhode Island estimate of 69 tons referenced above, is still only about 0.9 percent, i.e., less than one percent, of the 22,248 tons of total annual anthropogenic VOC emissions in Rhode Island (see EPA's 2011 National Emissions Inventory database Version 1 at www.epa.gov/ttn/chief/net/2011inventory.html). As also noted above, these foregone emission reductions are highest in 2013 and diminish rapidly over time. Finally, the commenter does not assert or demonstrate that the foregone emissions reductions based on his assumptions would exceed the de minimis criteria discussed in EPA's August 7, 2012 Guidance.

    III. Final Action

    EPA is approving Rhode Island's December 13, 2013 SIP revision. Specifically, EPA is approving the amended Rhode Island Air Pollution Control Regulation No. 11, “Petroleum Liquids Marketing and Storage,” and incorporating it into the Rhode Island SIP. EPA is approving this SIP revision because it meets all applicable requirements of the Clean Air Act and EPA guidance, and it will not interfere with any applicable requirement concerning National Ambient Air Quality Standards attainment and reasonable further progress or with any other applicable requirement of the Clean Air Act.

    Rhode Island's December 13, 2013 SIP revision satisfies the “comparable measures” requirement of CAA section 184(b)(2), because as stated in EPA's August 7, 2012 Guidance, “the comparable measures requirement is satisfied if phasing out a Stage II control program in a particular area is estimated to have no, or a de minimis, incremental loss of area-wide emissions control.” As noted in the NPR, Rhode Island's SIP revision met de minimis criteria outlined in EPA's August 7, 2012 Guidance. In addition, since emissions are de minimis, the anti-back sliding requirements of CAA section 110(l) have also been satisfied.

    IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference Rhode Island's revised Air Pollution Control Regulation No. 11 described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

    • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 26, 2015. H. Curtis Spalding, Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart OO—Rhode Island 2. In § 52.2070 the table in paragraph (c) is amended by revising the entry for state citation “Air Pollution Control Regulation 11” to read as follows:
    § 52.2070 Identification of plan.

    (c) EPA Approved regulations.

    EPA-Approved Rhode Island Regulations State citation Title/subject State
  • effective
  • date
  • EPA approval date Explanations
    *         *         *         *         *         *         * Air Pollution Control Regulation 11 Petroleum liquids marketing and storage 12/25/2013 6/9/2015 [Insert Federal Register citation] Includes decommissioning of Stage II vapor recovery systems. *         *         *         *         *         *         *
    [FR Doc. 2015-13944 Filed 6-8-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0089; FRL-9928-65-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to a new regulation for biomass fuel-burning equipment and related amendments to existing regulations. This action is being taken under the Clean Air Act (CAA).

    DATES:

    This final rule is effective on July 9, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2015-0089. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

    FOR FURTHER INFORMATION CONTACT:

    Irene Shandruk, (215) 814-2166, or by email at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    Biomass materials, which include wood residue and wood products, animal manure (including litter and other bedding materials), vegetative agricultural materials as well as silvicultural materials, can be used as fuel burned to provide heat and power. New technologies and environmental initiatives have recently increased the use of biomass material for combustion in the State of Maryland. Therefore, the Maryland Department of the Environment (MDE) has established emission standards for the combustion of biomass fuel by developing a new Code of Maryland (COMAR) regulation, COMAR 26.11.09.12—“Standards for Biomass Fuel-Burning Equipment Greater Than 350,000 British Thermal Units (Btu)/Hour (hr) Heat Input.” The typical type of equipment that is regulated under this new regulation is a boiler, however, it also applies to process heaters and other applications. On March 25, 2015 (80 FR 15709), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland proposing approval of provisions for biomass fuel-burning equipment.

    II. Summary of SIP Revision

    On January 12, 2015, MDE submitted to EPA a SIP revision concerning new biomass fuel-burning provisions in COMAR 26.11.09.12 and revised provisions in COMAR 26.11.09.10 for inclusion in the Maryland SIP. The SIP submittal also includes revisions to COMAR 26.11.09.01 (February 22, 2011, 76 FR 9650), .04 (November 3, 1992, 57 FR 49651), .06 (July 6, 2005, 70 FR 38774), .07 (November 3, 1992, 57 FR 49651), and .09 (May 1, 2003, 68 FR 23206), which were previously included in the Maryland SIP. The new regulation, COMAR 26.11.09.12, Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr, establishes particulate matter (PM) and nitrogen oxide (NOX) emission limits (see Table 1) and requirements (such as compliance and record keeping and reporting) for biomass fuel-burning equipment. According to MDE, small biomass boilers will need to install PM emission controls; however the NOX emission rates for biomass fuel-burning equipment can be achieved through efficient system design and do not require add-on pollution controls. MDE also asserted that new biomass fuel-burning equipment would be subject to standards based on federal maximum achievable control technology (MACT), generally available control technology (GACT), and best available control technology (BACT) analysis. Other specific requirements and the rationale for EPA's proposed action are explained in the NPR and the Technical Support Document (TSD) with Docket ID number EPA-R03-OAR-2015-0089 and will not be restated here. No public comments were received on the NPR.

    Table 1—Emission Standards for Biomass Fuel-Burning Equipment Heat input capacity
  • (mmBtu/hr)
  • PM (pounds/mmBtu) NOX (pounds/mmBtu)
    ≥10 0.03-0.07 0.25-0.30 >1.5 and <10 0.1-0.23 0.30 >0.35 and ≤1.5 0.1-0.35 0.30
    III. Final Action

    EPA is approving a revision to the Maryland SIP pertaining to provisions for biomass fuel-burning equipment in accordance with CAA section 110. EPA's review of this material indicates that MDE's regulations will result in reductions in PM and NOX, helping Maryland to attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone and PM.

    IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Maryland rules regarding the definitions and requirements for biomass fuel-burning equipment in COMAR 26.11.09.01, .04, .06, .07, .09, .10, and .12. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region III office (see the ADDRESSES section of this preamble for more information).

    V. Statutory and Executive Order Reviews A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

    • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action.

    This action pertaining to biomass fuel-burning equipment may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements.

    Dated: May 20, 2015. William C. Early, Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entries for COMAR 26.11.09.01, 26.11.09.04, 26.11.09.06, 26.11.09.07, and 26.11.09.09, and adding entries for COMAR 26.11.09.10 and 26.11.09.12 in numerical order to read as follows:
    § 52.1070 Identification of plan.

    (c) * * *

    EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP Code of Maryland Administrative Regulations (COMAR)
  • citation
  • Title/Subject State
  • effective
  • date
  • EPA approval date Additional explanation/
  • citation at 40 CFR 52.1100
  • *         *         *         *         *         *         * 26.11.09.01 Definitions 04/28/14 6/9/15 [Insert Federal Register citation] Definition of “biomass” is added. *         *         *         *         *         *         * 26.11.09.04 Prohibition of Certain New Fuel Burning Equipment 04/28/14 6/9/15 [Insert Federal Register citation] Revised (C)(1). *         *         *         *         *         *         * 26.11.09.06 Control of Particulate Matter 04/28/14 6/9/15 [Insert Federal Register citation] Revised (D)(1) and (D)(2). 26.11.09.07 Control of Sulfur Oxides from Fuel Burning Equipment 04/28/14 6/9/15 [Insert Federal Register citation] Revised (B)(5). *         *         *         *         *         *         * 26.11.09.09 Tables and Diagrams 4/28/14 6/9/15 [Insert Federal Register citation] Amended incorrect reference. 26.11.09.10 Requirements to Burn Used Oil and Waste Combustible Fluid as Fuel 04/28/14 6/9/15 [Insert Federal Register citation] New regulation. 26.11.09.12 Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr 04/28/14 6/9/15 [Insert Federal Register citation] New regulation. *         *         *         *         *         *         *
    [FR Doc. 2015-13425 Filed 6-8-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52, 62, and 81 [EPA-R03-OAR-2015-0311]; FRL-9928-68-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions Inventory AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania (Pennsylvania) State Implementation Plan (SIP). EPA is proposing to approve the 2011 base year emissions inventory SIP revision submittal for the 2008 lead National Ambient Air Quality Standards (NAAQS). The base year emissions inventory SIP revision was submitted by the Pennsylvania Department of Environmental Protection (PADEP) on February 9, 2015 to meet the requirements of the Clean Air Act (CAA) for the Lyons 2008 lead NAAQS nonattainment area (hereafter referred to as the “Lyons Area” or “Area”). EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the CAA.

    DATES:

    This rule is effective on August 10, 2015 without further notice, unless EPA receives adverse written comment by July 9, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-R03-OAR-2015-0311 by one of the following methods:

    A. www.regulations.gov. Follow the on-line instructions for submitting comments.

    B. Email: [email protected]

    C. Mail: EPA-R03-OAR-2015-0311, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

    D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-2015-0311. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the SIP submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Schmitt, (215) 814-5787, or by email at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS, lowering the level from 1.5 micrograms per cubic meter (μg/m3) to 0.15 μg/m3 calculated over a three-month rolling average. EPA established the NAAQS based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposures to lead emissions.

    Following promulgation of a new or revised NAAQS, EPA is required by the CAA to designate areas throughout the United States as attaining or not attaining the NAAQS; this designation process is described in section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA promulgated initial air quality designations for the 2008 lead NAAQS, which became effective on December 31, 2010, based on air quality monitoring data for calendar years 2007-2009, where there was sufficient data to support a nonattainment designation. Designations for all remaining areas were completed on November 22, 2011, based on air quality monitoring data for calendar years 2008-2010. Effective December 31, 2010, the Lyons Area was designated as nonattainment for the 2008 lead NAAQS. This designation triggered a requirement for Pennsylvania to submit a SIP revision with a plan for how the Lyons Area would attain the 2008 lead NAAQS as expeditiously as practicable, but no later than December 31, 2015.

    Designation of an area as nonattainment starts the process for a state to develop and submit to EPA a SIP revision under title I, part D of the CAA. This SIP revision must include, among other elements, a demonstration of how the NAAQS will be attained in the nonattainment area as expeditiously as practicable, but no later than the date required by the CAA, together with a base year emissions inventory, reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines. Under CAA section 172(b), a state has up to three years after an area's designation as nonattainment to submit its SIP revision to EPA.

    On December 29, 2014 (79 FR 77911), EPA took final action to determine that the Lyons Area (comprised of Kutztown Borough, Lyon Borough, Maxatawny Township, and Richmond Township) has ambient air quality monitoring data that shows the Area meets the 2008 lead NAAQS. This clean data determination was based upon quality assured, quality controlled and certified ambient air monitoring data that shows the Area has monitored attainment of the 2008 lead NAAQS based on the calendar years 2009-2011 data. Pursuant to EPA's Clean Data Policy, once EPA finalizes a clean data determination, the requirements for the Area to submit an attainment demonstration, RACM, a RFP plan, and contingency measures for failure to meet RFP and attainment deadlines are suspended for so long as the Area continues to attain the 2008 lead NAAQS.

    Since 1995, EPA has applied its interpretation under the Clean Data Policy in many rulemakings, suspending certain attainment-related planning requirements for individual areas, based on a determination of attainment. However, EPA notes that a final determination of attainment does not suspend requirements not related to attaining the NAAQS, such as the emissions inventory requirement found in CAA section 172(c)(3), which requires submission and approval of an inventory of actual emissions of lead from all sources in the nonattainment area (i.e., base year emissions inventory).

    On February 9, 2015, Pennsylvania submitted a formal revision to its SIP that consists of the lead base year emissions inventory for the Lyons Area for the 2008 lead NAAQS.

    II. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop comprehensive, accurate and current emissions inventories of all sources of the relevant pollutant or pollutants in the nonattainment area. These inventories provide a detailed accounting of all emissions and emission sources by precursor or pollutant. In the November 12, 2008 lead NAAQS rulemaking, EPA finalized the guidance related to the emissions inventories requirements. The current regulations are located at 40 CFR 51.117(e), and include, but are not limited to, the following requirements:

    • States must develop and periodically update a comprehensive, accurate, current inventory of actual emissions from all sources affecting ambient lead concentrations;

    • The SIP inventory must be approved by EPA as a SIP element and is subject to public hearing requirements; and

    • The point source inventory upon which the summary of the baseline for lead emissions inventory is based must contain all sources that emit 0.5 or more tons of lead per year.

    For the base-year inventory of actual lead emissions, EPA recommends using either 2010 or 2011 as the base year for the contingency measure calculations, but does provide flexibility for using other inventory years if states can show another year is more appropriate.1 For lead SIPs, the CAA requires that all sources of lead emissions in the nonattainment area must be submitted with the base-year inventory. In today's action, EPA is approving the base year emissions inventory SIP revision submitted by Pennsylvania on February 9, 2015, (hereinafter also referred to as “Pennsylvania's submission”) as required by section 172(c)(3).

    1See EPA document titled “Addendum to the 2008 Lead NAAQS Implementation Questions and Answers” dated August 10, 2012, which is included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/kitmodel.html.

    III. EPA Analysis of the Lyons 2011 Lead Base Year Emissions Inventory

    EPA guidance for emissions inventory development provides that actual emissions should be used for purposes of the base year inventory.2 On February 9, 2015, Pennsylvania submitted to EPA the 2011 base year emissions inventory for the lead point sources located within the Lyons Area. The Lyons Area has the following point sources of lead emissions: East Penn Manufacturing Company's Richmond Township Facility; East Penn Manufacturing Company's Kutztown Facility; and McConway & Torley Kutztown Foundry. PADEP requires larger emitting facilities to report production figures and emission calculations annually. Throughput data are multiplied by emission factors based on source classification codes (SCC) to develop emission estimates.

    2Id.

    PADEP submitted EPA's 2011 National Emissions Inventory (NEI) v2 data for nonpoint source lead emissions. The nonpoint source values for the Lyons Area were calculated using Berks County data apportioned by population, of which 4.1 percent (%) is included in the Lyons Area. EPA reviewed the results, procedures, and methodologies for Pennsylvania's submission and found them to be reasonable for calculating the lead base year inventory for CAA section 172(c)(3) and in accordance with 40 CFR 51.117(e). A more detailed description of the SIP submittal and EPA's evaluation is included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is also available electronically within the Docket for this rulemaking action.

    IV. Final Action

    EPA is approving Pennsylvania's submission consisting of the base year emissions inventory for the Lyons Area for the 2008 lead NAAQS. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the “Proposed Rules” section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on August 10, 2015 without further notice unless EPA receives adverse comment by July 9, 2015. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.

    V. Statutory and Executive Order Reviews A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

    • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action to approve Pennsylvania's base year emissions inventory for the Lyons Area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, and Lead.

    Dated: May 20, 2015. William C. Early, Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart NN—Pennsylvania
    2. Section 52.2036 is amended by adding paragraph (v) to read as follows:
    § 52.2036 Base year emissions inventory.

    (v) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2011 base year lead emission inventory for the Lyons, Pennsylvania nonattainment area for the 2008 lead NAAQS. This SIP revision was submitted by the Acting Secretary of the Pennsylvania Department of Environmental Protection, on February 9, 2015. This submittal consists of the 2011 base year inventories for all relevant sources in the Lyons, Pennsylvania nonattainment area for the pollutant lead (Pb).

    [FR Doc. 2015-13945 Filed 6-8-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 170 Acceptance and Approval of Non-Governmental Developed Test Procedures, Test Tools, and Test Data for Use Under the ONC Health IT Certification Program AGENCY:

    Office of the National Coordinator for Health Information Technology (ONC), Department of Health and Human Services.

    ACTION:

    Reissuance.

    SUMMARY:

    This document further informs the public of ONC's policy that permits any person or entity to submit test procedures, test tools, and test data for approval and use under the ONC Health IT Certification Program.

    DATES:

    Reissued June 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Alicia Morton, Director, ONC Health IT Certification Program, Office of the National Coordinator for Health Information Technology, 202-549-7851.

    SUPPLEMENTARY INFORMATION:

    On January 7, 2011, the Department of Health and Human Services issued a final rule establishing a permanent certification program for the purposes of testing and certifying health information technology (“Establishment of the Permanent Certification Program for Health Information Technology,” 76 FR 1262) (“Permanent Certification Program final rule”). The permanent certification program was renamed the “ONC HIT Certification Program” in a final rule published on September 4, 2012 (77 FR 54163) (“2014 Edition EHR Certification Criteria final rule”). In the proposed rule entitled “2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications” (80 FR 16804, 16806), we propose to further rename the program as the “ONC Health IT Certification Program.”

    In the preamble of the Permanent Certification Program final rule, we stated that a person or entity may submit a test procedure or test tool (to note, which includes any associated test data) to the National Coordinator for Health Information Technology (the National Coordinator) to be considered for approval and use by NVLAP accredited testing laboratories. “The submission should identify the developer of the test tool and/or test procedure; specify the certification criterion or criteria that is/are addressed by the test tool and/or test procedure; and explain how the test tool and/or test procedure would evaluate a Complete EHR's, EHR Module's, or if the applicable, and other type of HIT's compliance with the applicable certification criterion or criteria. The submission should also provide information describing the process used to develop the test tool and/or test procedure, including any opportunity for the public to comment on the test tool and/or test procedure and the degree to which public comments were considered.” (76 FR 1280) We also stated that “[i]n determining whether to approve a test tool and/or test procedure for purposes of the permanent certification program, the National Coordinator will consider whether it is clearly traceable to a certification criterion or criteria adopted by the Secretary; whether it is sufficiently comprehensive (i.e., assesses all required capabilities) for NVLAP-accredited testing laboratories to use in testing a Complete EHR's, EHR Module's, or other type of HIT's compliance with the certification criterion or criteria adopted by the Secretary; whether an appropriate public comment process was used during the development of the test tool and/or test procedure; and any other relevant factors.” (76 FR 1280)

    During the time in which the ONC Health IT Certification Program has operated, health IT developers have suggested that testing efficiencies could be achieved if the ONC Health IT Certification Program were to leverage operational testing and certification, such as the ePrescribing (eRX) network testing (and certification). As indicated by the previously recited ONC policy, the National Coordinator is open to approving test procedures, test tools, and test data that meet the outlined approval requirements above for an applicable adopted certification criterion or criteria. By way of this document, we strongly encourage persons or entities to submit such test procedures, test tools, and test data to ONC if they believe such procedures, tools, and data could be used to meet ONC's certification criteria and testing approval requirements. We also note that there is no programmatic prohibition on the approval of multiple test procedures, test tools, and test data for a certification criterion or criteria.

    Dated: May 21, 2015. Alicia Morton, Director, ONC Health IT Certification Program, Office of the National Coordinator for Health Information Technology.
    [FR Doc. 2015-13510 Filed 6-8-15; 8:45 am] BILLING CODE 4150-45-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140501394-5279-02] RIN 0648-XD962 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Recreational Accountability Measure and Closure for Blueline Tilefish in the South Atlantic Region AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS implements accountability measures (AMs) for recreational blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. The NMFS Science and Research Director estimates that recreational landings for blueline tilefish have reached the recreational annual catch limit (ACL). Therefore, NMFS is closing the recreational sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, June 10, 2015, and it will remain closed until the 2016 recreational fishing season begins on May 1, 2016. This closure is necessary to protect the blueline tilefish resource.

    DATES:

    This rule is effective 12:01 a.m., local time, June 10, 2015, until 12:01 a.m., local time, January 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Catherine Hayslip, NMFS Southeast Region, telephone: 727-824-5305, email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The snapper-grouper fishery of the South Atlantic includes blueline tilefish and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council and NMFS prepared the FMP, and the FMP is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

    NMFS implemented management measures for blueline tilefish in Amendment 32 to the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 32) (80 FR 16583, March 30, 2015). Amendment 32 contains management measures that end overfishing of blueline tilefish in the South Atlantic.

    NMFS is required to close the recreational sector for blueline tilefish when the recreational ACL is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as specified in 50 CFR 622.193(z)(2)(i). The recreational ACL for blueline tilefish in 2015 is 17,791 lb (8,070 kg), round weight. NMFS has determined that the recreational ACL for South Atlantic blueline tilefish has been reached. Accordingly, the recreational sector for South Atlantic blueline tilefish is closed effective June 10, 2015, until 12:01 a.m., local time, January 1, 2016, the start of the next fishing year. However, as described in 50 CFR 622.183(b)(7), the recreational sector for blueline tilefish is also closed from January 1 through April 30, and September 1 through December 31, each year. Therefore, the recreational sector may not harvest blueline tilefish until May 1, 2016.

    During the closure, the bag and possession limits for blueline tilefish in or from the South Atlantic EEZ are zero. Additionally, NMFS closed the commercial sector for blueline tilefish effective April 7, 2015, upon reaching the commercial ACL (80 FR 18551, April 7, 2015). Therefore, on June 10, 2015, no commercial or recreational harvest of blueline tilefish from the South Atlantic EEZ is permitted for the remainder of 2015. The commercial sector for blueline tilefish reopens on January 1, 2016.

    Classification

    The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of blueline tilefish and the South Atlantic snapper-grouper fishery and is consistent with the Magnuson-Stevens Act and other applicable laws.

    This action is taken under 50 CFR 622.193(z)(2)(i) and is exempt from review under Executive Order 12866.

    These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment.

    This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the recreational sector for blueline tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such prior notice and opportunity for public comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations at 50 CFR 622.193(z)(2)(i) have already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because there is a need to immediately implement this action to protect blueline tilefish, since the capacity of the recreational sector allows for rapid harvest of the recreational ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established recreational ACL.

    For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3).

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: June 4, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-14048 Filed 6-5-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120328229-4949-02] RIN 0648-XD973 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; closure of Angling category southern area trophy fishery.

    SUMMARY:

    NMFS closes the southern area Angling category fishery for large medium and giant (“trophy” (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category southern area trophy BFT subquota.

    DATES:

    Effective June 7, 2015 through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Sarah McLaughlin or Brad McHale, 978-281-9260.

    SUPPLEMENTARY INFORMATION:

    Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and in accordance with implementing regulations.

    NMFS is required, under § 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice.

    Angling Category Large Medium and Giant Southern “Trophy” Fishery Closure

    The 2015 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2015. The Angling category season opened January 1, 2015, and continues through December 31, 2015. The currently codified Angling category quota is 168.6 mt, of which 3.9 mt is allocated for the harvest of large medium and giant (trophy) BFT from the regulatory area by vessels fishing under the Angling category quota, with 1.3 mt allocated for each of the following areas: North of 39°18′ N. lat. (off Great Egg Inlet, NJ); south of 39°18′ N. lat. and outside the Gulf of Mexico; and in the Gulf of Mexico. Trophy BFT measure 73 inches (185 cm) curved fork length or greater.

    Reported landings from the NMFS Automated Catch Reporting System and the North Carolina Tagging Program total approximately 2 mt and NMFS has determined that the codified Angling category southern area trophy BFT subquota has been reached and that a closure of the southern area trophy BFT fishery is warranted at this time. Therefore, retaining, possessing, or landing large medium or giant BFT south of 39°18′ N. lat. and outside the Gulf of Mexico by persons aboard vessels permitted in the HMS Angling category and the HMS Charter/Headboat category must cease at 11:30 p.m. local time on June 7, 2015. This closure will remain effective through December 31, 2015. This action is intended to prevent any further overharvest of the Angling category southern area trophy BFT subquota, and is taken consistent with the regulations at § 635.28(a)(1).

    NMFS has considered the fact that it is in the process of proposing a rule that would implement and give domestic effect to the 2014 ICCAT recommendation on western Atlantic BFT management, which increased the U.S. BFT quota for 2015 and 2016 by 14 percent from the 2014 level. The domestic subquotas to be proposed in that action would result from application of the allocation process established in Amendment 7 to the 2006 Consolidated HMS FMP to the increased U.S. quota, and would include an increase in the southern trophy BFT quota from the currently codified 1.3 mt to a total of 1.5 mt. However, because current landings exceed both the currently codified and the anticipated proposed quota for the Angling category southern area, closure of the southern area trophy BFT fishery needs to occur regardless of the proposed quota increase.

    If needed, subsequent Angling category adjustments will be published in the Federal Register. Information regarding the Angling category fishery for Atlantic tunas, including daily retention limits for BFT measuring 27 inches (68.5 cm) to less than 73 inches and any further Angling category adjustments, is available at hmspermits.noaa.gov or by calling (978) 281-9260.

    HMS Angling and HMS Charter/Headboat category permit holders may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs at § 635.26. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the “Careful Catch and Release” brochure available at www.nmfs.noaa.gov/sfa/hms/.

    Classification

    The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons:

    The regulations implementing the 2006 Consolidated HMS FMP, as amended, provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. The closure of the southern area Angling category trophy fishery is necessary to prevent any further overharvest of the southern area trophy fishery subquota. NMFS provides notification of closures by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov.

    These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive trophy BFT landings that may result in future potential quota reductions for the Angling category, depending on the magnitude of a potential Angling category overharvest. NMFS must close the southern area trophy BFT fishery before additional landings of these sizes of BFT accumulate. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under 50 CFR 635.28(a)(1), and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: June 3, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-13988 Filed 6-4-15; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 130702585-5454-02] RIN 0648-BD42 Fisheries of the Northeastern United States; Special Management Zones for Delaware Artificial Reefs AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    NMFS issues final regulations to implement Special Management Zones for four Delaware artificial reefs under the black sea bass provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. These measures are necessary to promote orderly use of fisheries resources on artificial reefs by reducing user group conflicts, and are intended to maintain the intended socioeconomic benefits of the artificial reefs to the maximum extent practicable.

    DATES:

    Effective July 9, 2015.

    ADDRESSES:

    Copies of the Environmental Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and other supporting documents for the Special Management Zones measures are available from Paul Perra, NOAA/NMFS, Sustainable Fisheries Division, 55 Great Republic Drive, Gloucester, MA 01930. The EA for the Special Management Zone measures is also accessible via the Internet at:http://www.nero.noaa.gov. The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public comments and responses contained in this final rule, and the summary of impacts and alternatives contained in this final rule. Copies of the small entity compliance guide are available from John K. Bullard, Regional Administrator, Greater Atlantic Region, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930-2298.

    FOR FURTHER INFORMATION CONTACT:

    Paul Perra, Fishery Policy Analyst, (978) 281-9153.

    SUPPLEMENTARY INFORMATION:

    The Mid-Atlantic Fishery Management Council prepared the Summer Flounder, Scup, Black Sea Bass Fishery Management Plan (FMP) under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations implementing the FMP appear at 50 CFR part 648, subparts A (general provisions), G (summer flounder), H (scup), and I (black sea bass). General regulations governing fisheries of the Northeastern U.S. also appear at 50 CFR part 648. Amendment 9 to the FMP which established conservation and management measures for the black sea bass fishery, also established a process by which the Council could recommend that Special Management Zones (SMZs) be established.

    Special Management Zone Measures Background

    In 2011, the Delaware Fish and Wildlife Department (DFW) requested and the Council recommended that five Delaware artificial reef sites be designated as SMZs according to the provisions of the FMP.

    These artificial reefs are currently permitted by the U.S. Army Corps of Engineers (COE) in the Exclusive Economic Zone (EEZ). The FMP provides authority to implement SMZs around artificial reefs. SMZ-designated areas are used to provide for specialized fishery management regulations around artificial reefs to reduce user conflicts, protect reef habitat, and control fishing off the artificial reefs.

    The SMZ request noted that the DFW received complaints from hook-and-line anglers about fouling of their fishing gear in commercial pots and lines on ocean reef sites for more than 10 years. The request also noted that the U.S. Fish and Wildlife Service (FWS) Sportfish Restoration Program (SRP) had notified DFW that these gear conflicts are not consistent with the objectives of the SRP program, which provides funding for the building and maintenance of the artificial reefs. The FWS requires that state artificial reef programs be able to limit gear conflicts by state regulations in state waters or by SMZs for sites in the EEZ. The Council reviewed DFW's request through its specific process for recommending SMZ measures to NMFS for rule making. All meetings are open to the public and meeting related materials are publicly available. Extensive background on the SMZ management measures recommendation process is not repeated here but can be found in § 648.18 and in the proposed rule for these measures (79 FR 35141). After completing its initial review, the Council recommended to NMFS that all five Delaware artificial reefs be established as SMZs. The Council also recommended that the SMZ areas be enlarged beyond their original COE permit areas by 500 yards (0.46 km) to enhance enforcement. Additionally, the Council recommended that in the established areas of the SMZs, all vessels would only be allowed to conduct fishing with hook and line and spear (including the taking of fish by hand). NMFS subsequently reviewed the Council's recommendations through the development of an EA and published a proposed rule on June 19, 2014 (79 FR 35141) that had an initial 45-day comment period. The comment period on the proposed rule was later extended (79 FR 41530) for an additional 15 days. See Comments and Responses section of this preamble for additional details.

    NMFS proposed the Council's measures, applicable in the Federal waters of the EEZ and to all vessels as follows:

    1. All five Delaware artificial reefs be established as SMZs;

    2. The SMZ areas be enlarged beyond their original COE permit areas by 500 yards (0.46 km) for enforcement purposes; and

    3. Within the established areas of the SMZs, all vessels would only be allowed to conduct fishing with hook and line and spear (including taking of fish by hand).

    The New England Fishery Management Council and commercial fishermen commented on the proposed rule that implementing an SMZ at the most offshore artificial reef site (site 14) could have serious negative effects on the scallop fishery in that it would restrict scallop dredging in a highly productive scallop fishing area. Also, the DFW requested that the 0.46-km area enlargement for enforcement not be implemented because doing so would enlarge (approximately double) the size of the SMZs to cover other structures not intended to be part of the artificial reefs. DFW also stated that SMZ area enlargements for enforcement would negatively impact more commercial fishing activities and were not necessary to enforce the SMZs. In response to concerns from the scallop fleet, and because no artificial reef materials have yet been placed at site 14, DFW withdrew its request for an SMZ at that site. Also, at its August meeting (during the comment period for the proposed rule) the Mid-Atlantic Council reconsidered its recommendations for the SMZs and withdrew its requests for an SMZ at site 14 and for each SMZ to be enlarged 0.46 km for enforcement purposes. The Atlantic States Marine Fisheries Commission also supported the Mid-Atlantic Council and DFW's requested changes to the proposed rule.

    Changes From the Proposed Rule

    NMFS has made two changes from the proposed rule: (1) SMZ site 14 is not being implemented and (2) the proposed 0.46-km enlargement to enhance enforcement on the four remaining SMZs is not being implemented as had been proposed. These changes are being made as a result of the comments received on the June 19, 2014, proposed rule (79 FR 35141). The final boundaries for the SMZs are in Federal waters and shown in Figure 1.

    ER09JN15.001

    The SMZ sites are bounded by the following coordinates specified as follows:

    Reef Site 9 Corner N. Latitude W. Longitude 9SE 38°39.972′ 74°59.298′ 9SW 38°40.05′ 75°0.702′ 9NW 38°40.848′ 75°0.402′ 9NE 38°40.8′ 74°58.902′ 9SE 38°39.972′ 74°59.298′ Reef Site 10 Corner N. Latitude W. Longitude 10SE 38°36.198′ 74°55.674′ 10SW 38°36.294′ 74°57.15′ 10NW 38°37.098′ 74°56.802′ 10NE 38°37.002′ 74°55.374′ 10SE 38°36.198′ 74°55.674′ Reef Site 11 Corner N. Latitude W. Longitude 11SE 38°39.882′ 74°43.05′ 11SW 38°40.002′ 74°44.802′ 11NW 38°40.848′ 74°44.502′ 11NE 38°40.752′ 74°42.75′ 11SE 38°39.882′ 74°43.05′ Reef Site 13 Corner N. Latitude W. Longitude 13SE 38°30.138′ 74°30.582′ 13SW 38°30.222′ 74°31.5′ 13NW 38°31.614′ 74°30.864′ 13NE 38°31.734′ 74°30.018′ 13SE 38°30.138′ 74°30.582′ Comments and Responses

    On June 19, 2014 (79 FR 35141), NMFS published proposed SMZ measures for a 45-day public notice and comment, and then extended the public comment period for 15 additional days on July 16, 2014 (79 FR 41530). NMFS received 16 categories of comments from 12 individuals and/or associations during the comment period on the proposed rule. The comments were from: Four individuals; two industry groups (the Recreational Fisheries Alliance and the Fisheries Survival Found); the Mid-Atlantic Council; the New England Council; the Commission, the State of Delaware Coastal Programs and Department of Natural Resources; and the New Jersey Department of Fish and Wildlife. Two commenters supported implementing measures as proposed and two commenters objected to any implementation of the proposed measures. The majority of comments including the State of Delaware and the Mid-Atlantic Council (the initial requesters of the SMZs) supported the measures being implemented in this final rule.

    Comment 1: The Mid-Atlantic Council, the Commission, the State of Delaware Department of Natural Resources, the New England Council, and the Fisheries Survival Fund, requested that NMFS not implement an SMZ at artificial reef site 14. The site does not currently have any artificial reef structure on the bottom. Commenters stated that restricting fishing gear there may have negative impacts on fisheries that use mobile gear, especially the scallop fishery.

    Response: NMFS agrees and is not implementing an SMZ at reef site 14 at this time. Because there is currently no artificial reef structure at site 14, and because multiple groups have requested site 14 be withdrawn from the SMZ final measures, NMFS sees no need for designating an SMZ at site 14.

    Comment 2: The Mid-Atlantic Council, the Commission, the State of Delaware Department of Natural Resources, Delaware Coastal Programs, and a member of the public requested that NMFS not implement the 0.46-km buffer (enforcement area) around the artificial reefs permit boundaries. Commenters stated this would approximately double the size of the SMZs to cover other structures not intended to be part of the artificial reefs and negatively impact more commercial fishing activities.

    Response: NMFS agrees, and is not implementing the 0.46-km enlarged enforcement area in this final rule. If enforcement issues arise over the ability to determine if vessels are fishing in or outside the SMZs, NMFS may need to revisit implementing a larger SMZ area around the artificial reefs.

    Comment 3: The New Jersey Department of Fish and Wildlife commented it was not in favor of the 0.46-km enlarged enforcement area around the artificial reefs COE permit boundaries, stating it was too excessive. Their comment suggested that a 250-yard (0.23-km) enlarged enforcement area be used instead.

    Response: As noted in response to comment 2, NMFS has determined that the enlarged enforcement area is not necessary and therefore the final rule implements no enforcement buffer around the SMZs.

    Comment 4: Five commenters (including the Recreational Fisheries Alliance) supported implementation of the SMZs to eliminate gear conflicts and provide recreational fisheries access to the artificial reefs. Two commenters were in support of implementing SMZs at all five artificial reef sites and three commenters supported implementing SMZs at all sites except for artificial reef site 14.

    Response: NMFS agrees. The SMZs are intended to reduce the commercial/recreational gear conflicts on the artificial reefs, and help ensure unimpeded access to the artificial reefs for recreational and commercial hook and line fishing. However, for reasons stated above, NMFS is implementing SMZs at all proposed artificial reef sites except site 14.

    Comment 5: One commenter contended that the proposed action was not consistent with § 648.148, stating that the Code of Federal Regulations (CFR) says the SMZ would prohibit or restrain specific types of gear types, without identification of the specific gear types noted in the proposed rule.

    Response: NMFS disagrees; § 648.148 states that the recipient of a COE permit for an artificial reef, fish attraction device, or other modification of habitat for purposes of fishing may request that an area surrounding and including the site be designated by the Council as an SMZ. The SMZ will prohibit or restrain the use of specific types of fishing gear that are not compatible with the intent of the permitted area. This action would restrict use of all commercial gears other than hook and line (or taking of fish by hand), which is allowable under § 648.148. This is compatible with the intent of the Delaware artificial reefs which were built with Sportfish Restoration Program (SRP) Funds.

    Comment 6: One commenter stated the proposed rule did not make clear the intent of the Delaware artificial reef program and what fishing gears should be incompatible with that program. The commenter contended that the intent of the reefs is listed under 33 U.S.C. 2101(a)(5). They further stated that prohibiting gear types on the reef is a major change of the original intent the reefs were permitted under, and the public should be granted another comment period.

    Response: NMFS disagrees. The reefs were built with SRP funding to enhance recreational fishing. COE regulations at 33 U.S.C. 2101(a)(5) are designed to permit artificial reefs for the benefit of commercial and recreational fishing. All reefs need not be built to simultaneously benefit commercial and recreational fishing. However, in this case, the SMZs would benefit recreational fishing, and hook and line commercial fishing. NMFS provided ample opportunity for public comment, extending the comment period from 45 to 60 days. In addition, the SMZs were discussed at multiple Council and Commission meetings. An additional comment period on the intent of the reef program or the SMZ measures is not needed. However, when the Delaware artificial reef program COE permit for the artificial reefs is renewed or if there are further regulatory actions for the SMZs, the public will have further opportunity to comment on the SMZs, reefs and their intent, or both.

    Comment 7: One commenter stated that the Council's monitoring committee failed to consider all applicable law as required by § 648.146(a)(4) and did not mention the National Fisheries Enhancement Act of 1984 (NFEA).

    Response: The monitoring committee was aware of the NFEA, but saw no issues to report on or mention in its report. NMFS considered the NFEA in the development of the EA and the proposed rule for the SMZs, and concluded that implementing the SMZ's did not conflict with the NFEA.

    Comment 8: One Commenter stated that the SMZs will be in violation of the NFEA under 33 U.S.C. 2101(a)(5) because it will not increase fishing opportunities for commercial fishermen, will not allow increased production of fisheries products (conchs, lobsters), and will not increase fuel efficiency of commercial fishermen.

    Response: NMFS disagrees. All reefs need not be built to simultaneously benefit commercial and recreational fishing. Under the NFEA, it states that properly designed, constructed, and located artificial reefs can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies. Implementing SMZs for the Delaware artificial reefs will increase recreational and commercial hook and line fisheries opportunities, and likely increase energy efficiency of the recreational fleet (by reducing their search time for high quality fishing areas) and contribute to the United States and coastal economies. The Delaware reefs were built with SRP funds to specifically enhance recreational fisheries.

    Comment 9: One commenter stated that the SMZ will be in violation of the NFEA because it says artificial reefs shall be managed in a manner which will facilitate access and utilization by commercial fishermen. The stated SMZ measures inhibit rather than facilitate commercial fishing.

    Response: NMFS disagrees. The SMZ measures are not in violation of the NFEA which provides guidance that permit artificial reefs to be built for the benefit of commercial and recreational fishing. Under the NFEA, all reefs need not be built to simultaneously benefit commercial and recreational fishing. However, the SMZs implemented under this rule will enhance commercial hook and line fishing on the artificial reefs.

    Comment 10: One commenter stated that the catch record for Delaware's 27 licensed commercial hook and line fishermen shows they do not utilize these artificial reefs. Therefore, to allow hook and line only is not viable and a violation of 33 U.S.C. 2102(2).

    Response: NMFS disagrees. The NFEA set standards for artificial reefs that they be based on the best scientific information available, be sited and constructed, and subsequently monitored and managed in a manner which will:

    (1) Enhance fishery resources to the maximum extent practicable;

    (2) Facilitate access and utilization by United States recreational and commercial fishermen;

    (3) Minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters;

    (4) Minimize environmental risks and risks to personal health and property; and

    (5) Be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navigation.

    Under the NFEA, all artificial reefs need not be built to simultaneously benefit commercial and recreational fishing. In the case of the Delaware artificial reefs, there is a need to minimize recreational and commercial fishing conflicts and ensure the recreational fleet access to the reefs that were built with SRP funding. Some of the commercial gears deployed on the artificial reefs (fish pots and buoys) may currently be physically inhibiting the use of commercial hook and line fishing on the reefs. Delaware's hook and line commercial fishermen may not currently be fishing the artificial reefs, but they will have the option to fish the reefs without conflict with stationary commercial gears once the SMZs are implemented.

    Comment 11: One commenter stated that the word “among” is used in the NFEA when saying artificial reefs shall be utilized in a manner which will minimize conflicts among competing users, 33 U.S.C. 2101(3). The commenter contended that the SMZ measures limits use to two groups (hook and line and spear) and therefore violates the NFEA.

    Response: NMFS disagrees; the SMZ's will allow continued use among all to fish the artificial reefs. They will just be limited in the type of gear they can use. Anyone with proper commercial fishing permits may continue to fish on the artificial reefs using hook and line or taking by hand, and private, charter, and party recreational vessels may continue to fish the artificial reefs with hook and line gear.

    Comment 12: One commenter stated that the SMZs would violate the NFEA, which states that reefs shall be managed in a manner which will minimize conflicts among competing users. The commenter contended that by eliminating the use of commercial gear types (pots) and allowing only angling and spear, there are no competing uses of the reefs.

    Response: NMFS disagrees. Under the NFEA, all artificial reefs need not be built to simultaneously benefit commercial and recreational fishing. In the case of the Delaware artificial reefs, there is a need to minimize recreational and commercial fishing conflicts, and ensure the recreational fleet access to the reefs that have been built with SRP funding. Also, under the SMZ measures commercial hook and line fishermen may choose to compete for use of the artificial reefs.

    Comment 13: One commenter stated that FWS threating to withdraw funding unless reef access/usage rules are put in place is akin to bribery. The commenter suggested that the Federal prosecutor should be called to investigate. The commenter also stated the New Jersey Department of Environmental Protection (NJDEP) was put in a similar situation by FWS where SRP funds could be withdrawn, and in that case New Jersey elected not to enact SMZs.

    Response: The FWS does provide SRP funding to DFW to support its artificial reef program. The SRP is supported by the Dingell-Johnson Sport Fish Restoration Act, which uses funds provided by excise taxes on sport fishing equipment and motorboat fuels. NMFS understands from the FWS that only projects that benefit recreationally important finfish species are eligible for SRP funding. The development and maintenance of artificial reefs in marine waters is just one type of project supported by SRP. These funds are also used for research and survey work, boat ramp construction, aquatic resources education programs, fish hatcheries, aquatic habitat improvement, land acquisition for recreational fishing access, and many other types of projects. The role of the FWS is to distribute these funds and make sure they are spent according to the law and regulations under (50 CFR part 80). While NMFS understands the NJDEP can no longer use SRP funding for its artificial reef program, it still receives its full SRP allocation for other appropriate SRP eligible projects.

    SRP funds are apportioned to states based on their relative number of licensed anglers and land and water area. Delaware and New Jersey are both minimum apportionment states, so they each receive one percent of funds available each year. This was $3.2 million in fiscal year 2014. Like all other states, Delaware and New Jersey decide how to spend their SRP funds. Delaware requested and received $595,500 of Federal funds for artificial reef work for 2014. If SMZs are not designated on artificial reefs off Delaware, then the FWS may withhold future SRP funds from the DFW artificial reef program. Thus, SRP funds would not be allowed to be used on the reefs due to the continuing conflicts with commercial fishermen. This is in accordance with SRP regulations (50 CFR part 80). If that were to happen, then Delaware will likely be reminded by FWS to spend its SRP funds on other eligible projects.

    Comment 14: One commenter was against building artificial reefs. The commenter stated artificial reefs are created for use as cheap dumping grounds and are making our oceans garbage dumps. The commenter also stated artificial reefs are a deterrent to a healthy ocean.

    Response: NMFS considers that the Delaware Artificial Reef Program is being conducted responsibly and successfully with extensive regulatory oversight. State artificial reef programs and their permitting, such as the Delaware Artificial Reef Program, are among the most heavily regulated activities conducted in our bays and coastal oceans. NMFS took the lead in 1984, by writing the National Artificial Reef Plan (subsequently updated by the joint Commission/Gulf States Marine Fisheries Commission artificial reef committees in 2007). This framework described the characteristics of acceptable reef material. Materials of opportunity must be durable, stable, and non-toxic. These guidelines have led to the banning of some materials used in the 1970's such as unballasted tires, and wooden or fiberglass vessels, resulting in ecologically sound artificial reefs since the mid-1980s. All Atlantic coast states with artificial reef programs have written state artificial reef plans, modeled after the National Artificial Reef Plan. State reef coordinators are members of the Commission's Artificial Reef Committee and meet periodically to learn from one another's experience resulting in less trial and error in selecting materials and building reefs. All state reef programs are permitted through state agencies dealing with sub-aqueous lands, historical and cultural affairs or coastal management and through the COE on the Federal level. Materials are approved or banned by the COE during the permitting process. NMFS, FWS, and the Environmental Protection Agency (EPA) have input through the COE into this process. When a new, unanticipated material becomes available for reefing, input is sought from EPA and other agencies and the material may then be listed as acceptable for reef building in the COE permit. In Delaware, the following agencies have had input on the Delaware Reef Program state and Federal permits and have been satisfied with the activities and materials used: Delaware Division of Historical and Cultural Affairs; Delaware Division of Water Resources Wetlands Section; Delaware Coastal Management Program; COE; FWS; NMFS; and EPA.

    Regarding vessels that are used in artificial reef building, Delaware has worked closely with EPA to eliminate toxins. Delaware routinely exceeds the best management practices for reefing of vessels, developed by the Commission's Artificial Reef Committee. Delaware artificial reefs comply with the provisions of the Toxic Substances Control Act.

    NMFS assures artificial reefs are not “a deterrent to a healthy ocean.” Artificial reefs provide a unique community which is especially rare in the Mid-Atlantic region. Monitoring has shown an increase in available food for fish per square foot on the Delaware artificial reefs. The artificial reefs can increase fishing opportunities and provide economic benefits to coastal communities.

    Comment 15: One commenter requested that NMFS exempt mobile bottom-tending gears from any restriction in the site 14 SMZ. The commenter correctly stated there is currently no artificial reef in Area 14. The commenter further stated that implementing an SMZ at this time that would restrict mobile gear would create adverse impacts on the scallop fishery with no associated benefits.

    Response: NMFS agrees. The final rule does not implement an SMZ at Site 14 (see response to comment 1). Both Delaware and the Mid-Atlantic Council have withdrawn their requests for SMZ status for site 14.

    Comment 16: One commenter stated that NMFS is trying to hide the publication of the SMZ proposed rule from the public, by not putting a notice of its publication on its Web site.

    Response: NMFS gave appropriate time and notice for the public to comment. NMFS published the SMZ proposed rule in the Federal Register (79 FR 35141) on June 19, 2014, with a comment period to August 4, 2014; posted a story about the proposed rule on its Greater Atlantic Region (GARFO) Web page on June 24, 2014; and on July 16, 2014, extended the comment period an additional 15 days to August 19, 2014 (79 FR 41530). The rule was available on the Federal government's e-rulemakeing portal, regulations.gov. Links to the rule and associated EA were on the GARFO Web site, http://www.greateratlantic.fisheries.noaa.gov/.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator has determined that this final rule is consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, other provisions of the Magnuson-Stevens Act, and other applicable law.

    This rule has been determined to be not significant for purposes of Executive Order 12866.

    Final Regulatory Flexibility Analysis Introduction

    The Regulatory Flexibility Act (RFA) requires that Federal agencies analyze the expected impacts of a rule on small business entities, including consideration of disproportionate and/or significant adverse economic impacts on small entities that are directly regulated by the action. As part of the analysis, Federal agencies must also consider alternatives that minimize impacts on small entities while still accomplishing the objectives of the rule. The required analysis is used to inform the agency, as well as the public, of the expected impacts of the various alternatives included in the rule, and to ensure the agency considers other alternatives that minimize the expected impacts while still meeting the goals and objectives of the action, and that are still consistent with applicable law. Section 604 of the RFA, 5 U.S.C. 604, requires Federal agencies to prepare a Final Regulatory Flexibility Analysis (FRFA) for each final rule.

    A Summary of the Significant Issues Raised by the Public in Response to the IRFA, a Summary of the Agency's Assessment of Such Issues, and a Statement of Any Changes Made in the Final Rule as a Result of Such Comments

    Major issues on the proposed action were raised in five ways:

    1. The New England Council and the commercial industry was concerned that implementing an SMZ at the most offshore artificial reef site would have serious negative effects on the scallop fishery.

    2. The DFW requested that the 500-yard (0.46 km) buffer areas area (enlargements for enforcement) not be implemented because they would approximately double the size of the SMZs to cover other structures not intended to be part of the artificial reefs;

    3. The DFW also stated that the SMZ 0.46-km area enlargements would negatively impact more commercial fishing activities and were not necessary to enforce the SMZs.

    4. In response to concerns from the scallop fleet, and because no artificial reef materials have yet been place at site 14, DFW withdrew its request for an SMZ at that site.

    5. At its 2014 August meeting, which was during the comment period for the proposed rule, the Mid-Atlantic Council reconsidered its recommendations for the SMZs and withdrew its requests for an SMZ at site 14 and for each SMZ to be enlarged by 0.46 km for enforcement purposes.

    Based on the comments received on the proposed rule and the Mid-Atlantic Council's revised recommendations, site 14 has been dropped from SMZ implementation, and each of the remaining four artificial reef SMZ are not extended by 0.46 km (see comment 2 in COMMENTS AND RESPONSES for this rule for more information). The SMZs are implemented to have the same size and retain the same boundaries as prescribed on their respective artificial reef site COE permit.

    These changes from the proposed rule to the final rule will reduce impacts on the scallop fishery because site 14 is dropped providing them access to that area and removing the extended 0.46- km enforcement area from the remaining four artificial reefs SMZs will provide more ability to all commercial vessels to fish nearer the artificial reefs than was proposed.

    Description of an Estimate of the Number of Small Entities to Which the Rule Would Apply

    The Small Business Administration (SBA) updated its standards (effective July 14, 2014 (79 FR 33647; June 12, 2014)) to increase what defines a small fishing business, based on gross revenues as: A finfish business of up to $20.5 million, a commercial shellfishing business of up to $5.5 million, and a for-hire recreational fishing businesses of up to $7.5 million. Pursuant to the RFA, and prior to SBA's June 12 interim final rule, an initial regulatory flexibility analysis was developed for this action using SBA's former size standards. NMFS has reviewed the analyses prepared for this action in light of the new size standards. Under either the former, lower size standards, or newer higher standards, all entities considered as possibly subject to this action are considered small entities (excepting one large entity that operated at site 14, but site 14 has been dropped from this action). Thus all entities affected by the final rule are considered small under the new standards. NMFS has determined that the new size standards do not affect analyses prepared for this action. All affected entities would still be considered small under the new or old standard. In January 2015, because of the changes from the proposed rule to the final rule regarding site 14, the size of the SMZs, and the new SBA standards, NMFS updated its original IRFA analysis. The January 2015 IRFA conforms to the updated standards, does not include site 14, and applies to the smaller size SMZs created under this final rule.

    This rule applies to all Federal permit holders except recreational for-hire permit holders. Thus, the affected business entities of concern are businesses that hold commercial Federal fishing permits with the exception of those that fish with hook and line. While all business entities that hold commercial Federal fishing permits could be directly affected by these regulations, not all business entities that hold Federal fishing permits fish in the areas identified as potential SMZs. Those who actively participate, i.e., land fish, in the areas identified as potential SMZs would be the group of business entities that are directly impacted by the regulations.

    The number of possible affected entities (those with a fishing history in the SMZs) are described in Table 1, through an enumeration of the number of commercial fishing vessels with recent activity within the four reef sites (sites 9, 10, 11, and 13), by gear type.

    Table 1—Number of Unique Vessels With Landings Within the Coordinates of the Four Reef Sites (sites 9, 10, 11, and 13) by Gear Type, and Their Percent of Total Annual Ex-Vessel Revenue Landed at the Reef Sites Gear type Pot/trap Dredge Trawl Percent of total annual revenue <5% 5-9% 10-19% 20-29% 2008 1 0 0 1 0 0 0 2009 2 0 0 1 1 0 0 2010 0 0 1 1 0 0 0

    During 2008, 2009, and 2010, four vessels reported landings from within the artificial reef sites (Table 1). Because of the uncertainty of reporting vessel areas fished with VTRs, impacts for vessels fishing within the artificial reef areas and beyond to 0.46 km were also considered. Only two commercial vessels reported landings within 0.46 km of the reef sites in each of these years, one vessel reported landings in two of the three years, and 12 vessels reported landings in only one of the three years. This implies a total of eight unique vessels, excluding site 14, which is not included, reported landings within the artificial reef sites during the full 3-year period.

    Total revenue earned by these business was derived from both shellfishing and finfishing, but the highest percentage of average annual revenue for the majority of the businesses was from shellfishing. Of the 14 unique fishing business entities potentially estimated to be affected because of reporting VTRs within 0.46 km of the artificial reefs around the 4 reef sites, 8 entities earned the majority of their total revenues (i.e., from all species and areas fished) from landings of shellfish, and 6 entities earned the majority of the their total revenues from landings of finfish. Thus, eight of the potentially affected businesses are classified as shellfishing business entities and six as finfishing business entities.

    Average annual gross revenue estimates calculated from the most recent 3 years of available Northeast region dealer data (2010-2012) indicate that under the preferred alternative, 14 of the 14 potentially affected business entities are considered small (8 shellfish and 6 finfish).

    Under the preferred alternative, only three vessels show VTR operations within the artificial reef areas with no vessels obtaining more than 9 percent of its revenue from fishing within the artificial reef boundaries (Table 1).

    Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements

    This action does not introduce any new reporting, recordkeeping, or other compliance requirements.

    Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes

    Site 14 has been dropped from SMZ implementation, and each of the remaining four artificial reefs SMZ are implemented without the additional enforcement buffer. The SMZs are implemented to have the same size and retain the same boundaries as prescribed on their respective artificial reef site COE permit. These changes from the proposed rule minimizes impacts on the commercial vessels (small entities) that fish near the artificial reefs by allowing them to retain as much of their traditional fishing grounds as possible.

    Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, we will send a small entity compliance guide to all Federal permit holders affected by this action. In addition, copies of this final rule and guide (i.e., information bulletin) are available from NMFS online at http://www.greateratlantic.fisheries.noaa.gov/.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 1, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 648.14, paragraph (p)(1)(vi) is added to read as follows:
    § 648.14 Prohibitions.

    (p) * * *

    (1) * * *

    (vi) Special management zone. Fail to comply with any of the restrictions for special management zones specified in § 648.148(b).

    3. Revise § 648.148 to read as follows:
    § 648.148 Special management zones.

    (a) General. The recipient of a U.S. Army Corps of Engineers permit for an artificial reef, fish attraction device, or other modification of habitat for purposes of fishing may request that an area surrounding and including the site be designated by the MAFMC as a special management zone (SMZ). The MAFMC may prohibit or restrain the use of specific types of fishing gear that are not compatible with the intent of the artificial reef or fish attraction device or other habitat modification within the SMZ. The establishment of an SMZ will be effected by a regulatory amendment, pursuant to the following procedure: An SMZ monitoring team comprised of members of staff from the MAFMC, NMFS Greater Atlantic Regional Fisheries Office, and NMFS Northeast Fisheries Science Center will evaluate the request in the form of a written report.

    (1) Evaluation criteria. In establishing an SMZ, the SMZ monitoring team will consider the following criteria:

    (i) Fairness and equity;

    (ii) Promotion of conservation;

    (iii) Avoidance of excessive shares;

    (iv) Consistency with the objectives of Amendment 9 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, the Magnuson-Stevens Act, and other applicable law;

    (v) The natural bottom in and surrounding potential SMZs; and

    (vi) Impacts on historical uses.

    (2) The MAFMC Chairman may schedule meetings of MAFMC's industry advisors and/or the SSC to review the report and associated documents and to advise the MAFMC. The MAFMC Chairman may also schedule public hearings.

    (3) The MAFMC, following review of the SMZ monitoring team's report, supporting data, public comments, and other relevant information, may recommend to the Regional Administrator that an SMZ be approved. Such a recommendation will be accompanied by all relevant background information.

    (4) The Regional Administrator will review the MAFMC's recommendation. If the Regional Administrator concurs in the recommendation, he or she will publish a proposed rule in the Federal Register in accordance with the recommendations. If the Regional Administrator rejects the MAFMC's recommendation, he or she shall advise the MAFMC in writing of the basis for the rejection.

    (5) The proposed rule to establish an SMZ shall afford a reasonable period for public comment. Following a review of public comments and any information or data not previously available, the Regional Administrator will publish a final rule if he or she determines that the establishment of the SMZ is supported by the substantial weight of evidence in the record and consistent with the Magnuson-Stevens Act and other applicable law.

    (b) Approved/Established SMZsDelaware Special Management Zone Areas. Special management zones are established for Delaware artificial reef permit areas #9, 10, 11, and 13, in the area of the U.S. Exclusive Economic Zone. From January 1 through December 31 of each year, no fishing vessel or person on a fishing vessel may fish in the Delaware Special Management Zones with any gear except hook and line and spear fishing (including the taking of fish by hand). The Delaware Special Management Zones are defined by straight lines connecting the following point's N. latitude and W. longitude in the order stated:

    (1) Delaware artificial reef #9.

    Point Corner N. latitude W. longitude 1 9SE 38°39.972′ 74°59.298′ 2 9SW 38°40.05′ 75°0.702′ 3 9NW 38°40.848′ 75°0.402′ 4 9NE 38°40.8′ 74°58.902′ 5 9SE 38°39.972′ 74°59.298′

    (2) Delaware artificial reef #10.

    Point Corner N. latitude W. longitude 1 10SE 38°36.198′ 74°55.674′ 2 10SW 38°36.294′ 74°57.15′ 3 10NW 38°37.098′ 74°56.802′ 4 10NE 38°37.002′ 74°55.374′ 5 10SE 38°36.198′ 74°55.674′

    (3) Delaware artificial reef #11.

    Point Corner N. latitude W. longitude 1 11SE 38°39.882′ 74°43.05′ 2 11SW 38°40.002′ 74°44.802′ 3 11NW 38°40.848′ 74°44.502′ 4 11NE 38°40.752′ 74°42.75′ 5 11SE 38°39.882′ 74°43.05′

    (4) Delaware artificial reef #13.

    Point Corner N. latitude W. longitude 1 13SE 38°30.138′ 74°30.582′ 2 13SW 38°30.222′ 74°31.5′ 3 13NW 38°31.614′ 74°30.864′ 4 13NE 38°31.734′ 74°30.018′ 5 13SE 38°30.138′ 74°30.582′
    [FR Doc. 2015-14021 Filed 6-8-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 697 RIN 0648-AT31 Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Trap Transfer Program Implementation AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    American lobster trap transfer program implementation.

    SUMMARY:

    This document announces the implementation of the American lobster trap transfer program. It is necessary because we deferred the start of the Program in the final rule approving the Program until a centralized trap transfer database was ready. Significant progress has been made on the centralized database. We are ready to announce that we will begin the Trap Transfer Program. This document alerts all Federal American lobster permit holders that trap transfer applications will soon be accepted.

    DATES:

    Federal lobster permit holders may submit applications to transfer traps for the 2016 fishing year from August 1, 2015, through September 30, 2015. Revised trap allocations resulting from the trap transfers will take effect at the start of the 2016 Federal fishing year, May 1, 2016.

    ADDRESSES:

    Submit trap transfer applications to Lobster Trap Transfer Program, NMFS, 55 Great Republic Drive, Gloucester, MA 01930. A copy of the trap transfer application is available at: http://www.greateratlantic.fisheries.noaa.gov/aps/forms.html.

    FOR FURTHER INFORMATION CONTACT:

    Allison Murphy, Fishery Policy Analyst, 978-281-9122.

    SUPPLEMENTARY INFORMATION:

    NMFS published a final rule (79 FR 19015, April 7, 2014), that established a Trap Transfer Program for Lobster Conservation Management Areas 2, 3, and the Outer Cape, consistent with the recommendations of the Atlantic States Marine Fisheries Commission in its Interstate Fishery Management Plan for American Lobster. This program will allow Federal permit holders to buy and sell all or part of a permit's trap allocation for these three areas to other Federal permit holders.

    The final rule deferred the Trap Transfer Program's implementation date until the Commission completed the development of a centralized trap transfer database. A complete centralized database is needed to ensure that states and the agency are using the same consolidated and verified information at the beginning and end of the trap transfer period. At the time the final rule published, the trap transfer database was incomplete and we elected to defer implementation of the Trap Transfer Program until the Atlantic Coastal Cooperative Statistics Program (ACCSP), in collaboration with us, the Commission, and the states, could complete the comprehensive database. Database development has been completed and it has been tested by state and Federal partners. The database is now ready to track trap transfers.

    Accordingly, we are ready to announce that the trap transfer application period will be from August 1 through September 30 of each year. All Federal permit holders requesting transfers for fishing year 2016 must apply to NMFS in writing no earlier than August 1, 2015, and no later than September 30, 2015. Applications received after September 30, 2015, will not be processed. A copy of the trap transfer application is available at: http://www.greateratlantic.fisheries.noaa.gov/aps/forms.html. We will approve or deny trap transfer applications pursuant to the regulations at 50 CFR 697.27 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title50/50cfr697_main_02.tpl). We urge all permit holders to be aware of these regulations before entering into trap transfer agreements. Approved trap transfers will not be effective until the start of the 2016 fishing year.

    Authority:

    16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.

    Dated: June 4, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-14049 Filed 6-8-15; 8:45 am] BILLING CODE 3510-22-P
    80 110 Tuesday, June 9, 2015 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1211 [Document Number AMS-FV-11-0074; PR-B2] RIN 0581-AD24 Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Referendum Procedures AGENCY:

    Agricultural Marketing Service.

    ACTION:

    Proposed rule; supplemental notice of proposed rulemaking.

    SUMMARY:

    The U.S. Department of Agriculture (USDA) is proposing to amend the 2013 proposed rule on procedures for conducting a referendum to determine whether issuance of a proposed Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order (Order) is favored by manufacturers of hardwood lumber and hardwood plywood. The procedures would also be used for any subsequent referendum under the Order. USDA is reopening the comment period with respect to specific issues identified in this proposed rule. USDA is taking this action in response to the extensive comments received in response to a separate 2013 proposed rule on specific provisions of the proposed Order. A supplemental notice proposing to amend the 2013 proposed Order is being published separately in this issue of the Federal Register. The changes proposed herein are conforming changes to ensure definitions are the same in the proposed Order and proposed referendum procedures.

    DATES:

    Comments must be received by July 9, 2015.

    ADDRESSES:

    Interested persons are invited to submit written comments concerning this supplemental proposal. Comments may be submitted on the Internet at: http://www.regulations.gov or to the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection, including name and address, if provided, in the above office during regular business hours or it can be viewed at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Patricia A. Petrella, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (301) 334-2891; facsimile (301) 334-2896; or electronic mail: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposal is issued pursuant to the Commodity Promotion, Research and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).

    As part of this rulemaking process, two proposed rules were published in the Federal Register on November 13, 2013. One proposal pertained to the proposed Order (78 FR 68298) and a second pertained to proposed referendum procedures (78 FR 67979). Both proposals provided for a 60-day comment period which ended January 13, 2014. On January 16, 2014, a notice was published in the Federal Register that reopened and extended the comment period on the proposed Order until February 18, 2014 (79 FR 1805). A total of 939 comments were received in response to the proposed Order and 63 comments were received in response to the proposed referendum procedures.

    Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This action has been designated as “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has waived the review process.

    Executive Order 13175

    This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications.

    Executive Order 12988

    This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or state law authorizing promotion or research relating to an agricultural commodity.

    Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling.

    Background

    In June 2011, USDA received a proposal for a national research and promotion program for hardwood lumber and hardwood plywood from the Blue Ribbon Committee (BRC). The BRC is a committee of 14 hardwood lumber and hardwood plywood industry leaders representing small and large manufacturers geographically distributed throughout the United States.

    The BRC proposed a program that would be financed by an assessment on hardwood lumber and hardwood plywood manufacturers and administered by a board of industry members selected by the Secretary. The purpose of the program would be to strengthen the position of hardwood lumber and hardwood plywood in the marketplace and maintain and expand markets for hardwood lumber and hardwood plywood. A referendum would be held among eligible hardwood lumber and hardwood plywood manufacturers to determine whether they favor implementation of the program prior to it going into effect.

    As previously stated, two proposed rules were published in the Federal Register on November 13, 2013. One proposal pertained to the proposed Order and a second pertained to proposed referendum procedures. Both proposals provided for a 60-day comment period which ended January 13, 2014. The comment period on the proposed Order was reopened and extended until February 18, 2014. A total of 939 comments were received in response to the proposed Order. Sixty-three comments were received in response to the proposed referendum procedures. Upon review, these 63 comments were actually in reference to the proposed Order rather than the referendum procedures.

    Many of the comments included questions about fundamental provisions of the program as proposed. As a result, USDA is reopening the comment period to solicit additional comments on specific areas in the November 2013 proposal regarding the proposed Order. A supplemental notice of proposed rulemaking is published elsewhere in this issue of the Federal Register to amend the proposed Order.

    USDA is also reopening the comment period to solicit comments on proposed conforming changes that are necessary to the November 2013 proposed rule regarding the referendum procedures to ensure that definitions are the same in the proposed Order and referendum procedures. The proposed conforming changes open for comment are detailed in the section titled Scope of Supplemental Notice of Proposed Rulemaking.

    Clarification Regarding Exports and Imports

    In this document, USDA is clarifying that exports would be covered under the program. The background section of the November 2013 proposed rule on referendum procedures (78 FR 67979) inadvertently stated that exports would be exempted from the proposed program. USDA is also reiterating that imports would not be covered under the program. Several commenters raised this question during the comment period in response to the November 2013 proposed Order.

    In this document, USDA is also informing stakeholders of a supplemental notice of proposed rulemaking published elsewhere in this issue of the Federal Register to the separate 2013 proposal concerning the proposed Order (November 13, 2013; 78 FR 68298).

    Scope of Supplemental Notice of Proposed Rulemaking Proposed Modifications to Previously Proposed Provisions

    USDA is proposing to revise provisions of the previously proposed referendum procedures to make conforming changes to ensure definitions are the same in the proposed Order and proposed referendum procedures. USDA is also proposing to add five definitions that were inadvertently omitted from the November 2013 proposed referendum procedures. USDA requests comments on the proposed revisions which are described in the following paragraphs.

    Definitions

    USDA proposes to simplify section 1211.101 of the November 2013 proposed referendum procedures by removing the paragraph designations for the listed definitions. The definitions would continue to be listed in alphabetical order.

    Eligible Hardwood Lumber and Hardwood Plywood Manufacturer

    USDA is proposing to modify the term “eligible hardwood lumber and hardwood plywood manufacturer” as defined in the November 2013 proposed referendum procedures in section 1211.101 (previously proposed paragraph (d)) to mean any current hardwood lumber manufacturer with annual sales of $2 million or more and current hardwood plywood manufacturers with annual sales of $10 million or more during the representative period. The November 2013 proposed rule inadvertently indicated that only sales within the United States would be included in this definition. The designation regarding paragraph (d) in section 1211.101 would be removed.

    Green Air Dried (G/AD)

    USDA is proposing to add a new definition to section 1211.101 of the November 2013 proposed referendum procedures to define the term “green air dried (G/AD)” to mean green hardwood lumber or hardwood lumber that has been dried by exposure to air in a yard or shed, without artificial heat. This term is needed to address concerns raised by commenters regarding how green air dried lumber would be handled under the proposed program.

    Green (G) Hardwood Lumber

    USDA is proposing to add a new definition to section 1211.101 of the November 2013 proposed referendum procedures to define the term “green hardwood lumber” to mean hardwood lumber that has not been kiln dried or air dried. This term was inadvertently omitted from the November 2013 proposed referendum procedures.

    Hardwood Lumber

    USDA is proposing to modify the term “hardwood lumber” as defined in the November 2013 proposed referendum procedures in section 1211.101 (previously proposed paragraph (e)) to clarify that it includes yellow poplar in the list of trees referenced, and that the respective trees must be grown in the United States. This modification is proposed in response to comments received requesting that the term be clarified. Thus, the term hardwood lumber would mean timber from the wood of a cypress tree or a deciduous, broad leafed tree (including but not limited to aspen, birch, cypress, poplar, yellow poplar, maple, cherry, walnut and oak) grown in the United States that has been sawn into boards or blocks by a sawmill in the United States. The designation regarding paragraph (e) in section 1211.101 would be removed.

    Hardwood Lumber Products

    USDA is proposing to add a new definition to section 1211.101 of the November 2013 proposed referendum procedures to define the term “hardwood lumber products” to mean hardwood G/AD/KD lumber that has been transformed into products that remain boards meeting or exceeding the level of “Grade 3A Common” as defined by National Hardwood Lumber Association Rules for the Inspection of Hardwood & Cypress effective January 1, 2015 (http://nhla.com/rulesbook), or equivalent proprietary standard, as recommended by the Board and approved by the Secretary. The Grade 3A Common standard would provide minimum requirements for covered hardwood in terms of width, length and other factors. This third party standard would be incorporated by reference in section 1211.101 and would specify the current version of the cited third-party standard and would include information on the availability of this standard to meet requirements for incorporation by reference. For purposes of the Order, hardwood lumber would not include industrial products which remain in board or block form such as ties, cants, crane mat material and pallet stock or products which are transformed from boards or blocks of lumber into other products such as furniture, tight cooperage, cabinetry, and constructed pallets. The term hardwood lumber products was inadvertently omitted from the November 2013 proposed referendum procedures.

    Hardwood Lumber Value-Added Products

    USDA is proposing to add a new definition to section 1211.101 of the November 2013 proposed referendum procedures to define the term “hardwood lumber value-added products” to mean products which remain in the general shape of hardwood lumber boards, but have undergone additional processing beyond surfacing or cutting to a particular size. Hardwood lumber value-added products include products such as solid wood unfinished strip flooring, all-sides surfaced boards, finger-jointed strips ripped to width, and moldings. For purposes of the proposed Order, hardwood lumber value-added products would not include industrial products which remain in board or block form such as ties, cants, crane mat material, and pallet stock or products which are transformed from boards or blocks of lumber into other products, such as furniture, tight cooperage, cabinetry, and constructed pallets. Further, it would not include multi-component or further manufactured products such as furniture, cabinets, cabinet doors, prefinished or engineered flooring, pallets, or dimension or glued components for cabinets or furniture. The term hardwood lumber value-added products was inadvertently omitted from the November 2013 referendum procedures.

    Kiln Dried (KD)

    USDA is proposing to add a new definition to section 1211.101 of the November 2013 proposed referendum procedures to define the term “kiln dried (KD)” to mean hardwood lumber that has been seasoned in a kiln by means of artificial heat, humidity and circulation. The term kiln dried was also inadvertently omitted from the November 2013 referendum procedures.

    Order

    USDA is also proposing an editorial change to proposed section 1211.101 (previously proposed paragraph (h)) of the November 2013 proposed referendum procedures to clarify that the Order means the Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order. The designation regarding paragraph (h) in section 1211.101 would be removed.

    USDA is proposing to modify the referenda criteria specified in the November 2013 proposed rule in paragraphs (a) and (b) of proposed section 1211.81 to require approval by a majority of manufacturers voting in the referendum who also represent a majority of the volume represented in the referendum. It should be noted that USDA is proposing to modify the referendum criteria in the proposed Order, published separately.

    Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS is required to examine the impact of the proposed rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities.1

    1 The complete Regulatory Flexibility Act Analysis appears in the proposed rule at 78 FR 67980.

    The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (manufacturers) as those having annual receipts of no more than $7.0 million.

    According to information submitted by the proponents, it is estimated that there are 2,804 hardwood lumber manufacturers and 36 hardwood plywood manufacturers in the United States annually. This number represents separate business entities and includes exempted and assessed entities under the Order; one business entity may include multiple sawmills. It is estimated that 85 to 90 percent of the manufacturers are small businesses.

    In this document, USDA is proposing to amend the November 2013 proposed rule regarding referendum procedures to determine whether issuance of a proposed Order for hardwood lumber and hardwood plywood is favored by a majority of manufacturers voting in the referendum who also represent a majority of the volume represented in the referendum. USDA is reopening the comment period only with respect to specific issues identified in this proposed rule. USDA is taking the action in response to extensive comments received in response to the November 2013 proposed rule. The proposed referendum procedures are authorized under the 1996 Act.

    Regarding the economic impact of the changes proposed in this supplemental notice, most of the changes are for the purpose of clarification and would have no economic impact on affected entities. The changes proposed are conforming changes to ensure definitions are the same in the proposed Order and proposed referendum procedures. The changes pertain to section 1211.101 and include: Adding definitions for the following terms—green air dried (G/AD), green (G) hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and kiln dried; and clarifying the terms hardwood lumber and Order. The section was also simplified to remove the paragraph designations.

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the referendum ballot, which represents the information collection and recordkeeping requirements that may be imposed by this rule, has been submitted to the OMB for approval.

    AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

    Incorporation by Reference

    As previously mentioned, USDA is proposing to add a new definition to section 1211.101 of the November 2013 proposed rule to define the term “hardwood lumber products.” This definition would be linked to a grade standard defined in the National Hardwood Lumber Association Rules for the Inspection of Hardwood & Cypress. This standard is discussed in more detail in the Hardwood lumber products section elsewhere in this document and is available online.

    While the proposal set forth below has not received the approval of USDA, it is determined that the proposed referendum procedures, and the revisions proposed herein, are consistent with and would effectuate the purposes of the 1996 Act.

    A 30-day comment period is provided to allow interested persons to respond to this proposal. Thirty-days is deemed appropriate because this proposal supplements a November 2013 proposed rule regarding referendum procedures applicable to a proposed national promotion program for hardwood lumber and plywood. All written comments received in response to this proposed rule by the date specified will be considered prior to finalizing this action.

    The entire proposed referendum procedures are published for ease of reference.

    List of Subjects in 7 CFR Part 1211

    Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Hardwood lumber, Hardwood plywood, Incorporation by reference, Promotion, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, it is proposed that Title 7, Chapter XI of the Code of Federal Regulations, as proposed to be amended on November 13, 2013 (78 FR 67979) and elsewhere in this issue of the Federal Register, be further amended as follows:

    PART 1211—HARDWOOD LUMBER AND HARDWOOD PLYWOOD PROMOTION, RESEARCH AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1211 continues to read as follows: Authority:

    7 U.S.C. 7411-7425; 7 U.S.C. 7401.

    2. Subpart B of 7 CFR part 1211 is added to read as follows: Subpart B—Referendum Procedures Sec. 1211.100 General. 1211.101 Definitions. 1211.102 Voting. 1211.103 Instructions. 1211.104 Subagents. 1211.105 Ballots. 1211.106 Referendum report. 1211.107 Confidential information. 1211.108 OMB Control number. Subpart B—Referendum Procedures
    § 1211.100 General.

    Referenda to determine whether eligible hardwood lumber and hardwood plywood manufacturers favor the issuance, continuance, amendment, suspension, or termination of the Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order shall be conducted in accordance with this subpart.

    § 1211.101 Definitions.

    For the purposes of this subpart:

    Administrator means the Administrator of the Agricultural Marketing Service, with power to delegate, or any officer or employee of the U.S. Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead.

    Covered hardwood means hardwood lumber, hardwood lumber products, hardwood value-added lumber products, and hardwood plywood to which an assessment has been or may be levied pursuant to the Order.

    Department or USDA means the U.S. Department of Agriculture or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead.

    Eligible hardwood lumber and hardwood plywood manufacturer means any current hardwood lumber manufacturer with annual sales of $2 million or more and current hardwood plywood manufacturers with annual sales of $10 million or more during the representative period.

    Green air dried (G/AD) means green hardwood lumber or hardwood lumber that has been dried by exposure to air in a yard or shed, without artificial heat.

    Green (G) hardwood lumber means hardwood lumber that has not been kiln dried or air dried.

    Hardwood lumber means timber from the wood of a cypress tree or a deciduous, broad-leafed tree (including but not limited to aspen, birch, cypress, poplar, yellow poplar, maple, cherry, walnut, and oak) grown in the United States that that has been sawn into boards or blocks by a sawmill in the United States.

    Hardwood lumber products means hardwood G/AD/KD lumber that has been transformed into products that remain boards meeting or exceeding the level of “Grade 3A Common” as defined by National Hardwood Lumber Association Rules for the Inspection of Hardwood & Cypress effective January 1, 2015 (http://nhla.com/rulesbook), or equivalent proprietary standard, as recommended by the Board and approved by the Secretary. For purposes of this Order, hardwood lumber does not include industrial products which remain in board or block form such as ties, cants, crane mat material, and pallet stock or products which are transformed from boards or blocks of lumber into other products such as furniture, tight cooperage, cabinetry, and constructed pallets.

    (1) The following standard is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to the standard by the standard-setting organization will not affect the USDA standard unless and until amended by USDA. Material is incorporated as it exists on the date of approval and a notice of any change in the material will be published in the Federal Register. All approved material can be obtained from National Hardwood Lumber Association, P.O. Box 34518, Memphis, TN 38184; phone (901) 377-1818; http://www.nhla.com/. It is available for inspection at the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (2) [Reserved]

    Hardwood lumber value-added products means products which remain in the general shape of hardwood lumber boards, but have undergone additional processing beyond surfacing or cutting to a particular size. Hardwood lumber value-added products include products such as solid wood unfinished strip flooring, all-sides surfaced boards, finger-jointed strips ripped to width, and moldings. For purposes of this Order, hardwood lumber value-added products does not include industrial products which remain in board or block form such as ties, cants, crane mat material, and pallet stock or products which are transformed from boards or blocks of lumber into other products, such as furniture, tight cooperage, cabinetry, and constructed pallets. Further, it does not include multi-component or further manufactured products such as furniture, cabinets, cabinet doors, prefinished or engineered flooring, pallets, or dimension or glued components for cabinets or furniture.

    Hardwood plywood means a panel product, the decorative face of which is made from hardwood veneer intended for interior use composed of an assembly of layers or plies of veneer or veneers in combination with lumber core, particleboard, medium density fiberboard core, hardboard core, or special core or special back material joined with an adhesive.

    Kiln dried (KD) means hardwood lumber that has been seasoned in a kiln by means of artificial heat, humidity and circulation.

    Manufacturing means the process of transforming logs into hardwood lumber, or the process of creating hardwood lumber products, value-added hardwood lumber products, or hardwood plywood.

    Order means the Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order.

    Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. For the purpose of this definition, the term “partnership” includes, but is not limited to:

    (a) A spouse who has title to, or leasehold interest in, a hardwood lumber manufacturing entity as tenants in common, joint tenants, tenants by the entirety, or, under community property laws, as community property; and

    (b) So called “joint ventures” wherein one or more parties to an agreement, informal or otherwise, contributed land, facilities, capital, labor, management, equipment, or other services, or any variation of such contributions by two or more parties, so that it results in the manufacturing of covered hardwood lumber and the authority to transfer title to the hardwood lumber so manufactured.

    Referendum agent or agent means the individual or individuals designated by the Secretary to conduct the referendum.

    Representative period means the period designated by the Department.

    United States means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

    § 1211.102 Voting.

    (a) Each eligible manufacturer of covered hardwood lumber shall be entitled to cast only one ballot in the referendum. However, each manufacturer in a landlord/tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to manufacture covered hardwood lumber, in which more than one of the parties is a manufacturer, shall be entitled to cast one ballot in the referendum covering only such manufacturer's share of ownership.

    (b) Proxy voting is not authorized, but an officer or employee of an eligible corporate manufacturer, or an administrator, executor or trustee of an eligible entity may cast a ballot on behalf of such entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible entity, or an administrator, executive, or trustee of an eligible entity and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority.

    (c) A single entity who manufactures covered hardwood lumber may cast one vote in the referendum.

    (d) All ballots are to be cast by mail or other means, as instructed by the Department.

    § 1211.103 Instructions.

    The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, consistent with the provisions of this subpart, to govern the procedure to be followed by the referendum agent. Such agent shall:

    (a) Determine the period during which ballots may be cast;

    (b) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter;

    (c) Give reasonable public notice of the referendum:

    (1) By using available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and

    (2) By such other means as the agent may deem advisable.

    (d) Mail to eligible manufacturers whose names and addresses are known to the referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions of the proposed Order. No person who claims to be eligible to vote shall be refused a ballot;

    (e) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in the presence of an agent of a third party authorized to monitor the referendum process;

    (f) Prepare a report on the referendum; and

    (g) Announce the results to the public.

    § 1211.104 Subagents.

    The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent.

    § 1211.105 Ballots.

    The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted.

    § 1211.106 Referendum report.

    Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results.

    § 1211.107 Confidential information.

    The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter list shall be strictly confidential and shall not be disclosed.

    § 1211.108 OMB control number.

    The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. is OMB control number 0581-NEW.

    Dated: June 1, 2015. Rex A. Barnes, Associate Administrator.
    [FR Doc. 2015-13646 Filed 6-8-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1211 [Document Number AMS-FV-11-0074; PR-A2] RIN 0581-AD24 Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Proposed rule; supplemental notice of proposed rulemaking.

    SUMMARY:

    The U.S. Department of Agriculture (USDA) is proposing to amend the 2013 proposed rule for a Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order (Order). In that 2013 proposed rule, USDA requested comments on a proposed industry-funded, national research and promotion program for hardwood lumber and hardwood plywood that would be administered by a board of industry members selected by the Secretary of Agriculture (Secretary). USDA is reopening the comment period only with respect to specific issues identified in this proposed rule. USDA is taking this action in response to the extensive comments received in response to that 2013 proposed rule.

    DATES:

    Comments must be received by July 9, 2015. Pursuant to the Paperwork Reduction Act (PRA), comments on information collection issues must be received by August 10, 2015.

    ADDRESSES:

    Interested persons are invited to submit written comments concerning this supplemental proposal. Comments may be submitted on the Internet at: http://www.regulations.gov or to the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection, including name and address, if provided, in the above office during regular business hours or it can be viewed at http://www.regulations.gov.

    Pursuant to the PRA, comments concerning the information collection should also be sent to the Desk Office for Agriculture, Office of Information and Regulatory Affairs, OMB, New Executive Office Building, 725 17th Street NW., Room 725, Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    Patricia A. Petrella, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406, Stop 0244, Washington, DC 20250-0244; telephone: (301) 334-2891; facsimile (301) 334-2896; or electronic mail: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposal is issued pursuant to the Commodity Promotion, Research and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).

    As part of this rulemaking process, a proposed rule was published in the Federal Register on November 13, 2013 (78 FR 68298), on establishing an industry-funded promotion, research and information program for hardwood lumber and hardwood plywood. That proposal provided for a 60-day comment period which ended on January 13, 2014. On January 16, 2014, a notice was published in the Federal Register that reopened and extended the comment period until February 18, 2014 (79 FR 2805). A total of 939 comments were received during both comment periods.

    Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated as “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has waived the review process.

    Executive Order 13175

    This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications.

    Executive Order 12988

    This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity.

    Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling.

    Background

    In June 2011, USDA received a proposal for a national research and promotion program for hardwood lumber and hardwood plywood from the Blue Ribbon Committee (BRC). The BRC is a committee of 14 hardwood lumber and hardwood plywood industry leaders representing small and large manufacturers geographically distributed throughout the United States.

    The BRC proposed a program that would be financed by an assessment on hardwood lumber and hardwood plywood manufacturers and administered by a board of industry members selected by the Secretary. The purpose of the program would be to strengthen the position of hardwood lumber and hardwood plywood in the marketplace and maintain and expand markets for hardwood lumber and hardwood plywood. A referendum would be held among eligible hardwood lumber and hardwood plywood manufacturers to determine whether they favor implementation of the program prior to it going into effect.

    As previously stated, a proposed rule regarding this action that was published in the Federal Register on November 13, 2013, provided for a 60-day comment period ending January 13, 2014. The comment period was reopened and extended an additional 30 days, or through February 18, 2014. A total of 939 comments were received during both comment periods. Many of the comments included substantive questions about fundamental provisions of the program as proposed. Some of these questions included what products would be covered, how products would be assessed, how the exemption for small manufacturers would be administered, and how the referendum would be conducted. Some of the comments provided recommendations in these different areas. Several comments also expressed concern with the overall cost of the program on manufacturers.

    As a result, USDA is reopening the comment period to solicit additional comments on specific areas in the November 2013 proposal. USDA is proposing alternative language that would modify several previously proposed provisions (including adding two proposed definitions), taking into account the comments received. USDA is also asking specific questions regarding other aspects of the proposed program. This is intended to assist USDA in its further consideration of the proposal for a program. The specific areas open for comment are detailed in the section titled Scope of Supplemental Notice of Proposed Rulemaking.

    Clarification Regarding Exports and Imports

    In this document, USDA is clarifying that exports would be covered under the program. The background section of the November 2013 proposed rule (78 FR 68298) inadvertently stated that exports would be exempted from the proposed program. USDA is also reiterating that imports would not be covered under the program. Several commenters raised this question during the comment period in response to the November 2013 proposed rule.

    In this document, USDA is also informing stakeholders of a supplemental notice of proposed rulemaking published elsewhere in this issue of the Federal Register to amend a separate proposed rule also published in November 2013 concerning referenda procedures related to the proposed hardwood program (November 13, 2013; 78 FR 67979).

    Scope of Supplemental Notice of Proposed Rulemaking Proposed Modifications to Previously Proposed Provisions

    USDA is proposing to revise several provisions of the previously proposed Order (including adding two definitions) taking into account the comments received in response to the November 2013 proposed rule. USDA requests comments on the proposed revisions which are described in the following paragraphs.

    Definitions Green Air Dried (G/AD)

    USDA is proposing to add a term to § 1211.11 to the Order detailed in the November 2013 proposed rule to define the term “green air dried (G/AD)” to mean green hardwood lumber or hardwood lumber that has been dried by exposure to air in a yard or shed, without artificial heat. This term is needed to address concerns raised by commenters regarding how green air dried lumber would be handled under the proposed program.

    Green (G) Hardwood Lumber

    USDA is proposing to modify the term “green (G) hardwood lumber” as defined in the November 2013 proposed rule in proposed § 1211.11 to clarify that green (G) hardwood lumber does not include kiln dried or air dried lumber. This modification is needed to address concerns raised by commenters regarding how air dried lumber would be handled under the proposed program. Thus, the term “green (G) hardwood lumber” would mean hardwood lumber that has not been kiln dried or air dried.

    Hardwood Lumber

    USDA is proposing to modify the term “hardwood lumber” as defined in the November 2013 proposed rule in proposed section 1211.12 to clarify that it includes yellow poplar in the list of trees referenced, and that the respective trees must be grown in the United States. This modification is proposed in response to comments received requesting that the term be clarified. Thus, the term hardwood lumber would mean timber from the wood of a cypress tree or a deciduous, broad leafed tree (including but not limited to aspen, birch, cypress, poplar, yellow poplar, maple, cherry, walnut and oak) grown in the United States that has been sawn into boards or blocks by a sawmill in the United States.

    Hardwood Lumber Manufacturer

    USDA is proposing to modify the term “hardwood lumber manufacturer” as defined in the November 2013 proposed rule in proposed section 1211.13 to include not only entities that kiln dry but also entities that air dry green hardwood lumber. This modification is needed to address concerns raised by commenters regarding how air dried lumber would be handled under the proposed program. Thus, the term hardwood lumber manufacturer would mean a person who cuts raw, green hardwood logs into hardwood lumber or hardwood lumber products or a person who kiln dries or air dries green hardwood lumber to create hardwood lumber, hardwood lumber products or hardwood lumber value-added products.

    Hardwood Lumber Products

    USDA is proposing to modify the term “hardwood lumber products” as defined in the November 2013 proposed rule in proposed § 1211.14 to link the definition to a grade standard defined in the National Hardwood Lumber Association Rules for the Inspection of Hardwood & Cypress. This definition would also be modified to exclude industrial products. This modification is being proposed in response to comments received requesting that industrial products be excluded from the proposed program and that the term be linked to a grade standard.

    Thus, the term hardwood lumber products would mean hardwood G/AD/KD lumber that has been transformed into products that remain boards meeting or exceeding the level of “Grade 3A Common” as defined by National Hardwood Lumber Association Rules for the Inspection of Hardwood & Cypress effective January 1, 2015 (http://nhla.com/rulesbook), or equivalent standard, as recommended by the Board and approved by the Secretary. The Grade 3A Common standard would provide minimum requirements for covered hardwood in terms of width, length and other factors. This third party standard would be incorporated by reference, which would specify the current version of the cited third-party standard and would include information on the availability of this standard to meet requirements for incorporation by reference. For purposes of this Order, hardwood lumber would not include industrial products which remain in board or block form such as ties, cants, crane mat material and pallet stock or products which are transformed from boards or blocks of lumber into other products such as furniture, tight cooperage, cabinetry, and constructed pallets.

    Hardwood Lumber Value-Added Product Manufacturer

    USDA is proposing to modify the term “hardwood lumber value-added product manufacturer” as defined in the November 2013 proposed rule in proposed § 1211.15 to include not only entities that kiln dry but also entities that air dry green hardwood lumber. This modification is needed to address questions raised by commenters regarding how air dried lumber would be handled under the proposed program.

    Thus, the term hardwood lumber value-added product manufacturer would mean a person who operates a sawmill to manufacture hardwood lumber value-added products (the hardwood lumber may be air dried or kiln dried), or a person who operates a kiln to dry hardwood lumber that is then used to manufacture hardwood lumber value-added products.

    Hardwood Lumber Value-Added Products

    USDA is proposing to modify the term “hardwood lumber value-added products” as defined in the November 2013 proposed rule in proposed § 1211.16 to exclude industrial products. This modification is being proposed in response to comments received requesting that industrial products be excluded from the proposed program.

    Thus, the term hardwood lumber value-added products would mean products which remain in the general shape of hardwood lumber boards, but have undergone additional processing beyond surfacing or cutting to a particular size. Hardwood lumber value-added products would include products such as solid wood unfinished strip flooring, all-sides surfaced boards, finger-jointed strips ripped to width, and moldings. For purposes of this Order, hardwood lumber value-added products would not include industrial products which remain in board or block form such as ties, cants, crane mat material, and pallet stock or products which are transformed from boards or blocks of lumber into other products, such as furniture, tight cooperage, cabinetry, and constructed pallets. Further, it would not include multi-component or further manufactured products such as furniture, cabinets, cabinet doors, prefinished or engineered flooring, pallets, or dimension or glued components for cabinets or furniture.

    Manufacturer

    USDA is proposing to modify the term “manufacturer” as defined in the November 2013 proposed rule in proposed § 1211.22 to mean any person who is engaged in the business of manufacturing covered hardwood lumber in the United States as defined in this Order. The definition as proposed in the 2013 proposed rule included the term “domestic” which appeared to cause some confusion regarding whether imports were covered under the proposed program. USDA is proposing to revise the definition for the purpose of clarity.

    Sale

    USDA is proposing to modify the term “sale” as defined in the November 2013 proposed rule in proposed section 1211.31 to address questions posed regarding whether the proposed program was assessing the commodity at the appropriate point in production. The definition as proposed in the November 2013 proposed rule linked a sale to the dollar value of covered hardwood purchased rather than the dollar value of covered hardwood sold. USDA is proposing to modify this definition based on comments received.

    Thus, the term sale for purposes of calculating assessments, would mean the total dollar value of hardwood lumber, hardwood lumber products, hardwood lumber value-added products, or hardwood plywood that are sold from a hardwood lumber manufacturer or hardwood plywood manufacturer. Sales, for purposes of the assessment, would not include freight or discounts, and brokered sales would not be included within the meaning of the sale.

    Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Board Nominations and Appointments

    USDA is proposing to modify the initial nomination procedures for the first Board as specified in the November 2013 proposed rule in proposed paragraph (a) of § 1211.42. The November 2013 proposed rule provides that the BRC solicit potential nominees and submit the nominations to the Secretary. Some commenters noted the importance of trying to ensure that the nomination process is highly publicized so that interested persons are aware of the process. In response, USDA is proposing to modify this section to require the BRC and USDA to work together to publicize the nomination process so that eligible candidates are aware of the opportunity to serve on the Board.

    Assessments

    USDA is proposing to modify portions of the assessment provisions as specified in the November 2013 proposed rule. Specifically, paragraph (a) of § 1211.52 regarding assessments would be revised to clarify that assessments would be applicable to hardwood plywood and hardwood lumber, both in its green (rough) form and as it is kiln dried or air dried to create hardwood lumber products and hardwood lumber value-added products. The reference to air dried was omitted in the November 2013 proposed rule. This modification is needed to address questions raised by commenters regarding how air dried lumber would be handled under the proposed program.

    USDA is also proposing to modify paragraph (b) of § 1211.52 as specified in the November 2013 proposed rule in an effort to clarify how covered hardwood would be assessed under the program. USDA received many comments during the comment period with regard to the assessment section. Many commenters opined that the calculations were complicated and may not be workable.

    USDA is proposing to simplify the table used as an illustration in § 1211.52(b) by omitting references to descriptions of products and using instead the terms defined in the proposed program. The table would read as follows:

    Covered hardwood Assessment rate Allowable deductions 1 Hardwood lumber $1/$1,000 in sales N/A. Hardwood lumber products $1/$1,000 in sales —dollar value of green hardwood lumber purchases. Hardwood lumber value-added products $0.75/$1,000 in sales of value-added products plus $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber —dollar value of green hardwood lumber purchases. Hardwood plywood $3/$1,000 in sales N/A. 1 The deductions are necessary to take into account assessments already paid on green (G/AD/KD) hardwood lumber purchased by the manufacturer to make the product or value-added product.

    The table would also be revised to clarify that the assessment rate for hardwood lumber value-added products includes $0.75 per $1,000 in sales of value added products, plus $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber, minus the dollar value of the green (G/AD/KD) hardwood lumber purchases used to make the products.

    USDA is also proposing to clarify the remainder of § 1211.52(b) that explains in narrative form how the assessments are computed depending on the type of covered hardwood. The proposed paragraphs would read as follows:

    (1) Hardwood lumber manufacturers that cut raw, green hardwood logs into hardwood lumber or kiln dry or air dry hardwood lumber that can be further processed into products would pay at the rate of $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber;

    (2) Hardwood lumber manufacturers that manufacture hardwood lumber products would pay at a rate of $1.00 per $1,000 in sales of hardwood lumber products minus the dollar value of green (G/AD/KD) hardwood lumber purchases;

    (3) Hardwood lumber value-added product manufacturers would pay a rate of $0.75 per $1,000 in sales of hardwood lumber value-added products, plus $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber, minus the dollar value of the green hardwood lumber purchases (G/AD/KD); and

    (4) Hardwood plywood manufacturers would pay at the rate of $3.00 per $1,000 in sales of hardwood plywood lumber.

    (5) Brokered sales of hardwood lumber or hardwood lumber products would be excluded from the calculation of assessments.

    (6) Vertically integrated manufacturers that manufacture hardwood lumber, then transfer the lumber from one business unit to another within the same company to manufacture non-assessed product, would pay assessments based on the fair market value of the non-assessed product, minus the fair market value of the green (G/AD/KD) hardwood lumber, minus the fair market value of the green (G/AD/KD) hardwood lumber purchases times $0.001. This formula is necessary to ensure that covered hardwood lumber in a vertically integrated company is appropriately assessed.

    Exemptions From Assessment

    USDA is proposing to modify § 1211.53 of the November 2013 proposed rule pertaining to exemptions from assessment. Paragraph (b) of that section requires manufacturers who meet the exemption threshold to apply to the Board for an exemption certificate every year. Commenters raised concerns with the burden of this on small companies. Thus, USDA is proposing to revise this paragraph so that the exemption certificates issued by the Board remain valid for as long as the annual sales of the respective manufacturers remain below the exemption threshold. Paragraph (b) in § 1211.53 is proposed to be modified accordingly. It should be noted that even with this modification to § 1211.53, exempt manufacturers would still be required to keep records pursuant to § 1211.71.

    Organic Exemption From Assessment

    Section 1211.53(e) as proposed in the November 2013 proposed rule stated that to be eligible for an organic exemption, a hardwood lumber or hardwood plywood manufacturer who operated under a National Organic Program (NOP) (7 CFR part 205) system plan, could only manufacture and have annual sales of covered hardwood lumber eligible to be labeled as 100 percent organic under the NOP and could not be a split operation.

    This limitation was based on legislative authority in section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (FAIR Act) (7 U.S.C. 7401), which established certain provisions for generic commodity promotion programs created under the various commodity promotion laws. Section 501 of the FAIR Act was previously amended in May 2002, by section 10607 of the Farm Security and Rural Investment Act (2002 Farm Bill) (Pub. L. 107-171) to exempt persons that produced and marketed solely 100 percent organic products, and who did not otherwise produce or market any conventional or nonorganic products, from the payment of an assessment for commodity promotion activities under a commodity promotion law.

    However, section 10004 of the Agricultural Act of 2014 (2014 Farm Bill) (Pub. L. 113-79) subsequently expanded the organic assessment exemption to apply to any agricultural commodity that is certified as “organic” or “100 percent organic” as defined by NOP regardless of whether the person requesting the exemption also produces, handles, markets, or imports conventional or nonorganic products.

    USDA is proposing to modify § 1211.53(e) so that it is consistent with the FAIR Act as amended by the 2014 Farm Bill. The exemption would then allow manufacturers of “organic” and “100 percent organic” hardwood lumber certified under NOP, regardless of whether the person requesting the exemption also produces, handles, markets, or imports conventional or nonorganic products, to be eligible for an exemption from assessments.

    Miscellaneous Referenda

    USDA is proposing to modify the referenda criteria as specified in the November 2013 proposed rule in paragraphs (a) and (b) of proposed § 1211.81 to require approval by a majority of manufacturers voting in the referendum who also represent a majority of the volume (board foot or equivalent) of covered hardwood, represented in the referendum and by those who, during a representative period determined by the Secretary, were engaged in the manufacturing of covered hardwood. Only manufacturers who would pay or paid assessments under the program (those with annual sales over the respective exemption threshold) would be eligible to vote in referenda.

    USDA is proposing this modification in response to the many comments received regarding the criteria proposed in the November 2013 proposed rule. That rule proposed approval by a majority of the volume of covered hardwood represented in the referendum. Several commenters expressed concern that this voting criteria favored large manufacturers and disadvantaged small companies.

    Suspension and Termination

    USDA is also proposing to modify the paragraph (b) of § 1211.82 as specified in the November 2013 proposed rule regarding suspension and termination to mirror the proposed change to § 1211.81 regarding referenda. Section 1211.82(b) as proposed in the November 2013 proposed rule would require the Secretary to suspend or terminate the proposed program at the end of a fiscal period based on a majority of the volume (board foot equivalent) of covered hardwood represented in a referendum by those who, during a representative period determined by the Secretary, were engaged in the manufacturing of covered hardwood.

    USDA is proposing to revise § 1211.82(b) to require the Secretary to suspend or terminate the program if suspension or termination is favored by a majority of manufacturers voting in a referendum who represent a majority of the volume (board foot or equivalent) represented in the referendum, and who, during a representative period determined by the Secretary, were engaged in the manufacturing of covered hardwood. As explained in the section above titled Referenda, USDA is proposing this change in response to several comments received regarding the referenda criteria.

    Questions Regarding Other Aspects of the Proposed Program

    USDA received numerous comments in response to the November 2013 proposed rule that raised other substantive issues with regard to the proposed program. To address these issues, USDA is posing the following questions for comment. Responses should cite the number and subsection of the question being answered. USDA requests that commenters provide specific data, statistics, or any other evidence as appropriate upon which those comments are based.

    1. Hardwood Plywood

    Several comments questioned the inclusion of hardwood plywood in the proposed program. Commenters opined that hardwood plywood competes with hardwood lumber, and that plywood is too different to include in the program. As USDA continues to evaluate the merits of including hardwood plywood in the proposed program, USDA seeks comments on the following questions:

    a. What are the benefits and the drawbacks for including hardwood lumber and hardwood plywood together in the same research and promotion program?

    b. How would the proposed program benefit the hardwood plywood sector of the industry?

    c. What types of promotion programs could be envisioned by the industry for hardwood plywood and how would this impact the hardwood lumber sector of the industry?

    d. What impact would excluding hardwood plywood have on the expected amount of assessments to be collected under the proposed program?

    e. What impact would excluding hardwood plywood have on the proposed Board structure?

    2. Assessments

    As previously mentioned, several comments were received regarding the proposed assessment section. USDA has clarified the section in this supplemental proposed rule, but also seeks comments on the following questions:

    a. Should the assessment computation be revised? If so, how should it be revised and what would be the impact on the projected amount of assessments to be collected under the proposed program?

    b. Should the proposed rates of assessment on any of the four types of covered hardwood be revised? If so, to what level and what would be the impact on the projected amount of assessments to be collected under the proposed program?

    Proposed Editorial Changes

    The proposed regulatory text contained in this document includes other changes to make the proposed program's provisions more clear and improve readability. The editorial changes are summarized in Table 1 below.

    Table 1—Proposed Editorial Changes Description in
  • revised
  • regulatory text
  • (proposed section)
  • Proposed revision Explanation
    1211.9 Add the words “recommended by the Board” after the word “source” Clarify that the Board would recommend a source to the Secretary for fair market value. 1211.10 Add the word “fiscal” before the word “year” Clarify that the terms “fiscal period” and “fiscal year” have the same meaning. 1211.20 Add the abbreviation “KD” to the term kiln dried Clarify that KD, a common abbreviation used in the industry, means kiln dried. 1211.41(e)(1) and (2) Substitute the term “manufactured” for the term “produced” and omit the phrase “within the United States” Clarify that when the Board reviews data every 5-years to assess whether changes are necessary to the Board's structure to ensure it continues to reflect the geographic distribution of covered hardwood, the Board's review is on covered hardwood manufactured, and that the review is not limited to sales within the United States. 1211.42(a) and (b)(1) Change the phrase “nominees must have annual sales of more than $2 million of covered hardwood lumber or have annual sales of more than $10 million of hardwood plywood per fiscal year” to “nominees must have annual sales of $2 million or more of hardwood lumber, hardwood products, and hardwood value-added products, or have annual sales of $10 million or more of hardwood plywood per fiscal year” Clarify the eligibility requirements for Board membership. 1211.53(d) Change the phrase “Hardwood lumber manufacturers who received an exemption certificate from the Board but have annual sales of more than $2 million or hardwood plywood manufacturers that have annual sales of more than $10 million during the fiscal year” to “Hardwood lumber manufacturers who received an exemption certificate from the Board but have annual sales of $2 million or more or hardwood plywood manufacturers that have annual sales of $10 million or more during the fiscal year” Clarify the exemption thresholds under the proposed program. 1211.81(b) Change the penultimate sentence from “The Secretary will also conduct a referendum if requested by the Board or by 10 percent or more of all non-exempt manufacturers paying an assessment” to “The Secretary will also conduct a referendum if requested by the Board or if requested by 10 percent or more of all manufacturers eligible to vote in a referendum” Clarify when the Secretary must conduct a referendum under the proposed program.
    Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS is required to examine the impact of the proposed rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities.1

    1 The complete Regulatory Flexibility Act Analysis appears in the proposed rule at 78 FR 68307 (Nov. 13, 2013).

    The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (manufacturers) as those having annual receipts of no more than $7.0 million. According to information submitted by the proponents, it is estimated that there are 2,804 hardwood lumber manufacturers and 36 hardwood plywood manufacturers in the United States. This number represents separate business entities and includes exempted and assessed entities under the Order; one business entity may include multiple sawmills. It is estimated that 85 to 90 percent of the manufacturers are small businesses.

    In this document, USDA is proposing to amend the November 2013 proposed rule for a national research and promotion program for hardwood lumber and hardwood plywood. In that 2013 proposed rule, USDA requested comments on a proposed industry-funded Order for hardwood lumber and hardwood plywood that would be administered by a board of industry members selected by the Secretary. USDA is reopening the comment period only with respect to specific issues identified in this proposed rule. USDA is taking this action in response to the extensive comments received in response to that November 2013 proposed rule. The proposed program is authorized under the 1996 Act.

    Regarding the economic impact of the changes proposed in this supplemental notice, most of the changes are for the purpose of clarification and would have no economic impact on affected entities. These changes include the following: Adding a new term to § 1211.11 to define the term green air dried; clarifying the following terms—green (G) hardwood lumber (§ 1211.11), hardwood lumber (§ 1211.12), hardwood lumber manufacturer (§ 1211.13), hardwood lumber products, including an incorporation by reference (§ 1211.14), hardwood lumber value-added product manufacturer (§ 1211.15), manufacturer (§ 1211.22), and sale (§ 1211.31); modifying the initial nomination process to help ensure the process is appropriately publicized (§ 1211.42); clarifying the assessment section (§ 1211.52); modifying the organic exemption so that it is consistent with the FAIR Act as amended by the 2014 Farm Bill (§ 1211.53(e)), and making the proposed editorial changes as previously specified in Table 1 of this document. The proposed change to the referenda criteria in § 1211.81 to require approval by a majority of those voting and by a majority of the volume represented in a referendum would also have no economic impact on affected entities.

    Proposed changes to three of the sections detailed in this supplemental notice would have some economic impact on the proposed program. Excluding industrial products from the terms hardwood lumber products in § 1211.14 and hardwood lumber value-added product manufacturer in § 1211.15 would likely reduce the amount of assessments collected under the program. We do not have information regarding to what extent assessments would be reduced or whether the number of entities covered under the proposed program would be reduced. Comments providing any information of the impact of this change on the amount of assessments anticipated under the proposed program or the number of entities expected to be covered under the program are requested.

    The third proposed change that would have an economic impact on the proposed program concerns § 1211.53(b) regarding requirements for small manufacturers. USDA received many comments during the comment period regarding potential effects on small companies. Several commenters expressed concern that the proposed program would increase their costs and that the program would be burdensome to their businesses.

    In response to these comments, USDA is proposing to reduce the information collection requirements on small manufacturers. As previously mentioned in this document, § 1211.53(b) of the November 2013 proposed rule would require small manufacturers who meet the exemption threshold to apply to the Board annually for an exemption certificate. Commenters argued that this would be very burdensome on small companies. Thus, USDA is proposing to revise the November 2013 proposed rule so that certificates of exemption issued by the Board remain valid for as long as the annual sales of the respective manufacturers remain below the exemption thresholds. USDA is proposing to revise § 1211.53(b) accordingly, and is also proposing to revise the related reporting burden requirements as detailed in the section below titled Paperwork Reduction Act.

    Paperwork Reduction Act

    In accordance with the PRA of 1995 (44 U.S.C. Chapter 35), in the November 2013 proposed rule, AMS announced its intention to request approval of new information collection and recordkeeping requirements for the proposed hardwood lumber and hardwood plywood program. In this proposal, AMS requests comments on proposed revisions to the information collection requirements contained in the November 2013 proposed rule.

    Title: Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order.

    OMB Number: 0581-NEW.

    Expiration Date of Approval: 3 years from approval date.

    Type of Request: Proposed revisions to a new information collection for research and promotion programs.

    Abstract: AMS is proposing to amend the November 2013 proposed rule for a national research and promotion program for hardwood lumber and hardwood plywood that would reduce the information collection requirements under the proposed program. AMS is taking this action in response to comments received in response to the November 2013 proposed rule. The information collection requirements in the request are essential to carry out the intent of the 1996 Act.

    In the 2013 proposed rule, AMS proposed that manufacturers of hardwood lumber, hardwood products, and hardwood value-added products with annual sales of less than $2 million, and hardwood plywood manufacturers with annual sales of less than $10 million could submit a written request to the Board for an exemption from paying assessments. The request would be made on the form “Application for Exemption from Assessments.”

    As mentioned previously, the November 2013 proposed rule stated that manufacturers would need to submit this form every year to the Board. Based on comments received, AMS is proposing to revise this requirement so that companies with annual sales under the exemption thresholds need only submit this form once to the Board.

    Information collection requirements that are included in this proposal include:

    Application for Exemption From Assessments

    Estimate of Burden: Public reporting burden for this collection of information is estimated to average 0.25 hour per manufacturer reporting on covered hardwood sold. Upon approval of an application, manufacturers would receive an exemption certification.

    Respondents: Hardwood lumber manufacturers and hardwood plywood manufacturers who have annual sales of less than $2 million or less than $10 million, respectively.

    Estimated Number of Respondents: 497 (1,490 for the first year, 0 for the second year and potentially 2 annually thereafter).

    Estimated Number of Responses per Respondent: 0.10 (1 every 10 years).

    Estimated Total Annual Burden on Respondents: 124 (372 hours for the first year, 0 hours for the second year and potentially 1 hour thereafter).

    Comments concerning the revised information collection requirements contained in this action should reference OMB No. 0581-NEW. In addition, the document number of this issue of the Federal Register should also be referenced. Comments should be sent to the same addresses referenced in the ADDRESSES section of this proposed rule.

    As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule.

    AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of functions of the proposed Order and USDA's oversight of the proposed Order, including whether the information would have practical utility; (b) the accuracy of USDA's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Incorporation by Reference

    USDA is proposing to modify the term “hardwood lumber products” as defined in the November 2013 proposed rule in proposed section 1211.14 to link the definition to a grade standard defined in the National Hardwood Lumber Association Rules for the Inspection of Hardwood & Cypress. The standard “Grade 3A Common,” effective January 1, 2015, was discussed in greater detail in the section-by-section analysis. The standard can be obtained from the National Hardwood Lumber Association, PO Box 34518, Memphis, TN 38184; phone (901) 377-1818; http://www.nhla.com/ and inspected at the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800.

    While the proposal set forth below has not received the approval of USDA, it is determined that the proposed Order, and the revisions proposed herein, is consistent with and would effectuate the purposes of the 1996 Act.

    A 30-day comment period is provided to allow interested persons to respond to this proposal. Thirty-days is deemed appropriate because this proposal supplements a November 2013 proposed rule for a national promotion program for hardwood lumber and plywood. All written comments received in response to this proposed rule by the date specified will be considered prior to finalizing this action.

    The entire proposed Order is published for ease of reference.

    List of Subjects in 7 CFR Part 1211

    Administrative practice and procedure, Advertising, Consumer information, Incorporation by reference, Marketing agreements, Hardwood lumber promotion, Hardwood plywood promotion, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, it is proposed that title 7, chapter XI of the Code of Federal Regulations as proposed to be added on November 13, 2013 (78 FR 68298), be amended as follows:

    PART 1211—HARDWOOD LUMBER AND HARDWOOD PLYWOOD PROMOTION, RESEARCH AND INFORMATION ORDER Subpart A—Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order Definitions Sec. 1211.1 Act. 1211.2 Blue Ribbon Committee. 1211.3 Board. 1211.4 Brokered sale. 1211.5 Concentration yard. 1211.6 Conflict of interest. 1211.7 Covered hardwood. 1211.8 Department or USDA. 1211.9 Fair market value. 1211.10 Fiscal period or fiscal year. 1211.11 Green air dried (G/AD) and Green (G) hardwood lumber. 1211.12 Hardwood lumber. 1211.13 Hardwood lumber manufacturer. 1211.14 Hardwood lumber products. 1211.15 Hardwood lumber value-added product manufacturer. 1211.16 Hardwood lumber value-added products. 1211.17 Hardwood plywood. 1211.18 Hardwood plywood manufacturer. 1211.19 Information. 1211.20 Kiln dried. 1211.21 Market or marketing. 1211.22 Manufacturer. 1211.23 Manufacturing. 1211.24 Member. 1211.25 Order. 1211.26 Part and subpart. 1211.27 Person. 1211.28 Programs, plans and projects. 1211.29 Promotion. 1211.30 Research. 1211.31 Sale. 1211.32 Secretary. 1211.33 State. 1211.34 Suspend. 1211.35 Terminate. 1211.36 Transfer. 1211.37 United States. Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Board 1211.41 Establishment and membership. 1211.42 Nominations and appointments. 1211.43 Term of office. 1211.44 Removal and vacancies. 1211.45 Procedure. 1211.46 Reimbursement and attendance. 1211.47 Powers and duties of the Board. 1211.48 Prohibited activities. Expenses and Assessments 1211.50 Budget and expenses. 1211.51 Financial statements. Assessments 1211.52 Assessments. 1211.53 Exemption from assessment. Promotion, Research and Information 1211.60 Programs, plans, and projects. 1211.61 Independent evaluation. 1211.62 Patents, copyrights, trademarks, information, publications, and product formulations. Reports, Books and Records 1211.70 Reports. 1211.71 Books and records. 1211.72 Confidentiality of information. Miscellaneous 1211.80 Right of the Secretary. 1211.81 Referenda. 1211.82 Suspension and termination. 1211.83 Proceedings after termination. 1211.84 Effect of termination or amendment. 1211.85 Personal liability. 1211.86 Separability. 1211.87 Amendments. 1211.88 OMB control number. Authority:

    7 U.S.C. 7411-7425, 7 U.S.C. 7401.

    Subpart A—Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order
    § 1211.1 Act.

    Act means the Commodity Promotion, Research and Information Act of 1996 (7 U.S.C. 7411-7425), and any amendments thereto.

    § 1211.2 Blue Ribbon Committee.

    Blue Ribbon Committee means the 14-member committee representing businesses that manufacture hardwood lumber, hardwood lumber products, hardwood lumber value-added products and hardwood plywood in the United States formed to pursue an industry promotion, research and information program.

    § 1211.3 Board.

    Board or Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Board means the administrative body established pursuant to this Part. It may be referred to by such other name as the Board recommends and the Secretary approves.

    § 1211.4 Brokered sale.

    Brokered sale is a sale in which product is purchased from a person and resold to a different person without taking physical possession of the product.

    § 1211.5 Concentration yard.

    Concentration yard means an operation with kilns that purchases hardwood lumber from sawmills, or wholesalers by means of a brokered sale, and may grade, sort, dry and/or surface the hardwood lumber. It excludes distribution yards that do not have kilns.

    § 1211.6 Conflict of interest.

    Conflict of interest means a situation in which a member or employee of the Board has a direct or indirect financial interest in an entity that performs a service for, or enters into a contract with, the Board for anything of economic value.

    § 1211.7 Covered hardwood.

    Covered hardwood means hardwood lumber, hardwood lumber products, hardwood lumber value-added lumber products, and hardwood plywood to which an assessment has been or may be levied pursuant to the Order.

    § 1211.8 Department or USDA.

    Department or USDA means the United States Department of Agriculture or any officer or employee of the Department to whom authority has been delegated, or to whom authority may hereafter be delegated, to act for the Secretary.

    § 1211.9 Fair market value.

    Fair market value means, with respect to covered hardwood, the value of the hardwood lumber as determined by a source recommended by the Board and approved by the Secretary.

    § 1211.10 Fiscal period or fiscal year.

    Fiscal period or fiscal year means a calendar year from January 1 through December 31, or such other period as recommended by the Board and approved by the Secretary.

    § 1211.11 Green air dried (G/AD) and Green (G) hardwood lumber.

    Greed air dried (G/AD) means green hardwood lumber or hardwood lumber that has been dried by exposure to air in a yard or shed, without artificial heat.

    Green (G) hardwood lumber means hardwood lumber that has not been kiln dried or air dried.

    § 1211.12 Hardwood lumber.

    Hardwood lumber means timber from the wood of a cypress tree or a deciduous, broad-leafed tree (including but not limited to aspen, birch, cypress, poplar, yellow poplar, maple, cherry, walnut and oak) grown in the United States that has been sawn into boards or blocks by a sawmill in the United States.

    § 1211.13 Hardwood lumber manufacturer.

    Hardwood lumber manufacturer means a person who cuts raw, green hardwood logs into hardwood lumber or hardwood lumber products or a person who kiln dries or air dries green hardwood lumber to create hardwood lumber, hardwood lumber products or hardwood lumber value-added products.

    § 1211.14 Hardwood lumber products.

    Hardwood lumber products means hardwood G/AD/KD lumber that has been transformed into products that remain boards meeting or exceeding the level of “Grade 3A Common” in the Rules for the Inspection of Hardwood & Cypress, effective January 1, 2015(http://nhla.com/rulesbook), or equivalent proprietary standard, as recommended by the Board and approved by the Secretary. For purposes of this Order, hardwood lumber does not include industrial products which remain in board or block form such as ties, cants, crane mat material, and pallet stock or products which are transformed from boards or blocks of lumber into other products such as furniture, tight cooperage, cabinetry, and constructed pallets. “Grade 3A Common,” Rules for the Inspection of Hardwood & Cypress, effective January 1, 2015, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, USDA must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800, and is available from National Hardwood Lumber Association, P.O. Box 34518, Memphis, TN 38184; phone (901) 377-1818; http://www.nhla.com/. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    § 1211.15 Hardwood lumber value-added product manufacturer.

    Hardwood lumber value-added product manufacturer means a person who operates a sawmill to manufacture hardwood lumber value-added products (the hardwood lumber may be air dried or kiln dried), or a person who operates a kiln to dry hardwood lumber that is then used to manufacture hardwood lumber value-added products.

    § 1211.16 Hardwood lumber value-added products.

    Hardwood lumber value-added products means products which remain in the general shape of hardwood lumber boards, but have undergone additional processing beyond surfacing or cutting to a particular size. Hardwood lumber value-added products include products such as solid wood unfinished strip flooring, all-sides surfaced boards, finger-jointed strips ripped to width, and moldings. For purposes of this Order, hardwood lumber value-added products does not include industrial products which remain in board or block form such as ties, cants, crane mat material, and pallet stock or products which are transformed from boards or blocks of lumber into other products, such as furniture, tight cooperage, cabinetry, and constructed pallets. Further, it does not include multi-component or further manufactured products such as furniture, cabinets, cabinet doors, prefinished or engineered flooring, pallets, or dimension or glued components for cabinets or furniture.

    § 1211.17 Hardwood plywood.

    Hardwood plywood means a panel product, the decorative face of which is made from hardwood veneer intended for interior use composed of an assembly of layers or plies of veneer or veneers in combination with lumber core, particleboard, medium density fiberboard core, hardboard core, or special core or special back material joined with an adhesive.

    § 1211.18 Hardwood plywood manufacturer.

    Hardwood plywood manufacturer means a person who utilizes hardwood logs, veneer, or lumber to create hardwood plywood.

    § 1211.19 Information.

    Information means activities and programs that are designed to develop new markets, marketing strategies, increase market efficiency, and activities that are designed to enhance the image of hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and hardwood plywood and the forests from which it comes in the United States. These include:

    (a) Consumer information, which means any action taken to provide information to the general public regarding the harvesting, consumption, use, and care of covered hardwood; and

    (b) Industry information, which means any action taken to provide information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for covered hardwood, and activities to enhance the image of the hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and hardwood plywood industries.

    § 1211.20 Kiln dried (KD).

    Kiln dried (KD) means hardwood lumber that has been seasoned in a kiln by means of artificial heat, humidity and circulation.

    § 1211.21 Market or marketing.

    Marketing means the sale or other disposition of covered hardwood in any channel of commerce. To market means to sell or otherwise dispose of covered hardwood in any channel of commerce.

    § 1211.22 Manufacturer.

    Manufacturer means any person who is engaged in the business of manufacturing covered hardwood lumber in the United States as defined in this Order.

    § 1211.23 Manufacturing.

    Manufacturing means the process of transforming logs into hardwood lumber, or the process of creating hardwood lumber products, hardwood lumber value-added products, or hardwood plywood.

    § 1211.24 Member.

    Member means a member appointed by the Secretary to the Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Board.

    § 1211.25 Order.

    Order means an order issued by the Secretary under section 514 of the Act that provides for a program of generic promotion, research and information of covered hardwood under the Act.

    § 1211.26 Part and subpart.

    Part means the Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. The order shall be a subpart of such part.

    § 1211.27 Person.

    Person means any individual, group of individuals, partnership, corporation, association, joint stock company, cooperative, or any other legal entity.

    § 1211.28 Programs, plans and projects.

    Programs, plans and projects mean those research, promotion and information programs, plans, or projects established pursuant to this Order.

    § 1211.29 Promotion.

    Promotion means any action taken to present a favorable image of hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and hardwood plywood to the general public and to any and all consumers and those who influence consumption of covered hardwood lumber with the intent of improving the perception, markets and competitive position of covered hardwood lumber and stimulating sales of covered hardwood lumber.

    § 1211.30 Research.

    Research means any type of test, study, or analysis designed to advance the knowledge, image, desirability, use, marketability, production, product development, or quality of covered hardwood. The term research includes the communication of the results of any research conducted under this Part.

    § 1211.31 Sale.

    For purposes of calculating the assessment, provided for in section 1211.52, a sale means the total dollar value of hardwood lumber, hardwood lumber products, hardwood lumber value-added products, or hardwood plywood that are sold from a hardwood lumber manufacturer or hardwood plywood manufacturer. Sales, for purposes of the assessment, do not include freight or discounts. Brokered sales are not included within the meaning of sale.

    § 1211.32 Secretary.

    Secretary means the Secretary of Agriculture of the United States or any officer or employee of the Secretary to whom the Secretary has delegated the authority to act on behalf of the Secretary.

    § 1211.33 State.

    State means any of the several 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

    § 1211.33 Suspend.

    Suspend means to issue a rule under section 553 of title 5 U.S.C., to temporarily prevent the operation of an order or part thereof during a particular period of time specified in the rule.

    § 1211.34 Terminate.

    Terminate means to issue a rule under section 553 of title 5 U.S.C., to cancel permanently the operation of an order or part thereof beginning on a date specified in the rule.

    § 1211.35 Transfer.

    Transfer means when a vertically integrated manufacturing plant in which post-manufacturing operations turn an assessed hardwood product (covered hardwood) into a non-assessed product while remaining under the control of the same person.

    § 1211.36 United States or U.S.

    United States or U.S. means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

    Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Board
    § 1211.41 Establishment and membership.

    (a) There is hereby established a Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Board composed of 28 members who are either owners or employees of hardwood lumber manufacturers or hardwood plywood manufacturers who are appointed by the Secretary. Of the 28 members, 22 shall be hardwood lumber manufacturers, one shall be a hardwood lumber value-added manufacturer who manufactures flooring products, and five shall be hardwood plywood manufacturers.

    (b) The five members designated for hardwood plywood manufacturers shall be appointed as follows:

    (1) Three members shall be from the States that are west of the Mississippi River; and

    (2) Two members shall be from the States that are east of the Mississippi River.

    (c) The one member designated as a hardwood lumber value-added products manufacturer of covered hardwood flooring products shall be appointed from nominees from any State within the United States.

    (d) The remaining 22 members designated as hardwood lumber manufacturers, (exclusive of the hardwood flooring manufacturer) shall be apportioned as follows:

    (1) Six members from District 1, which consists of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia and the District of Columbia;

    (2) Four members from District 2, which consists of the States of Florida, Georgia, North Carolina, South Carolina, Virginia, the Commonwealth of Puerto Rico, and the U.S. territories;

    (3) Five members from District 3, which consists of the States of Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, Tennessee, and Texas;

    (4) Six members from District 4, which consists of the States of Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin; and

    (5) One member from District 5, which consists of the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

    (e) Once every five years, the Board will review data, including assessment records, government, industry statistics, and other reliable data, concerning the manufacturing of covered hardwood lumber. The Board shall:

    (1) Review the geographical distribution of the volume of covered hardwood manufactured and sold by hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and hardwood plywood manufacturers; and

    (2) If warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the volume of covered hardwood manufactured and sold by hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and hardwood plywood manufacturers. Any changes in Board composition shall be implemented by the Secretary through rulemaking.

    § 1211.42 Nominations and appointments.

    (a) Initial nominations will be submitted to the Secretary by the Blue Ribbon Committee (BRC). Before considering any nominations, the BRC shall publicize the nomination process, using trade press or other means it deems appropriate, and shall outreach to all manufacturers with annual sales of $2 million or more of hardwood lumber, hardwood lumber products, and hardwood lumber value-added products and with annual sales of $10 million or more of hardwood plywood per fiscal year in order to generate nominees that reflect the different operations within the hardwood lumber industry. The BRC may use regional caucuses, mail or other methods to elicit potential nominees. The BRC and USDA shall work together to publicize the nomination process so that eligible candidates are aware of the opportunity to serve on the Board. The BRC shall submit the nominations to the Secretary and recommend two nominees for each Board position specified. In addition, nominees for the initial Board may be submitted directly to the Secretary if accompanied by the signatures of at least 20 persons who pay assessments or will pay assessments under the Order. From the nominations submitted by the BRC or directly to the Secretary, the Secretary shall select the members of the Board.

    (b) Subsequent nominations shall be conducted as follows:

    (1) The Board shall outreach to all segments of the hardwood lumber industry. The Board may also solicit nominees using existing regional organizations. Initial and subsequent nominees must have annual sales of $2 million or more of hardwood lumber, hardwood products, and hardwood value-added products, or have annual sales of $10 million or more of hardwood plywood per fiscal year;

    (2) Manufacturer nominees may provide the Board a short background statement outlining their qualifications to serve on the Board;

    (3) Manufacturers who manufacture covered hardwood lumber in more than one district may seek nomination only in the district in which they manufacture the majority of the volume of their covered hardwood lumber. The names of hardwood manufacturer nominees shall be placed on a ballot by district. The ballots along with the background statements shall be mailed to manufacturers in each respective district for a vote. Manufacturers who manufacture covered hardwood lumber in more than one district may only vote in the district in which they manufacture the majority of the volume of their covered hardwood lumber. The Board must submit nominations to the Secretary at least six months before the new Board term begins. Before considering any nominations, the Board shall publicize the nomination process, using trade press or other means it deems appropriate, and shall outreach to all sizes of manufacturers of covered hardwood in order to generate nominees that reflect the different size of operations within the hardwood lumber industry. The Board may use district caucuses or other methods to elicit potential nominees. The votes shall be tabulated for each district with the nominee receiving the highest number of votes at the top of the list in descending order by vote. The top two candidates for each position shall be submitted to the Secretary.

    (4) No two members shall be employed by a single corporation, company, partnership, or any other legal entity; and

    (5) The Board may recommend to the Secretary modifications to its nomination procedures as it deems appropriate. Any such modifications shall be implemented through rulemaking by the Secretary.

    § 1211.43 Term of office.

    (a) With the exception of the initial Board, each Board member will serve a three-year term or until the Secretary selects his or her successor. Each term of office shall begin on January 1 and end on December 31, and no member may serve more than two consecutive terms, excluding any term of office less than three years.

    (b) For the initial Board, the terms of Board members shall be staggered for two, three, and four years so that the terms of approximately one-third of the Board expire in any given year.

    § 1211.44 Removal and vacancies.

    (a) In the event that any member of the Board ceases to own or work for a hardwood lumber or hardwood plywood manufacturer, or ceases to do business in the district he or she represents, such position shall become vacant.

    (b) The Board may recommend to the Secretary that a member be removed from office if the member consistently refuses to perform his or her duties or engages in dishonest acts or willful misconduct. The Secretary shall remove the member if he or she finds that the Board's recommendation shows adequate cause. Further, without recommendation of the Board, a member may be removed by the Secretary upon showing of adequate cause, including the failure by a member to submit reports or remit assessments required under this part. If the Secretary determines that each member's continued service would be detrimental to the achievement of the purposes of the Act.

    (c) If a position becomes vacant, nominations to serve the unexpired term will be handled using the nominations process set forth in this Order. If the unexpired term has less than six months remaining, the Secretary may leave the position vacant.

    § 1211.45 Procedure.

    (a) At a Board meeting, a majority of the Board members duly appointed by the Secretary will constitute a quorum. A member attending the meeting by telephone or other electronic means shall be considered present for purposes of quorum.

    (b) All votes at meetings of the Board and any committees will be cast in person or by electronic voting, including by telephone. Voting by proxy will not be allowed.

    (c) Each member of the Board will be entitled to one vote on any matter put to the Board and the motion will carry if supported by more than 50 percent of the Board members present or participating by electronic means.

    (d) The Board must give members and the Secretary timely notice of all Board and committee meetings.

    (e) In lieu of voting at a properly convened meeting, and when, in the opinion of the Board's chairperson, such action is considered necessary, the Board may take action by mail, telephone, electronic mail, facsimile, or any other means of communication. Any action taken under this procedure is valid only if:

    (1) All members and the Secretary are notified and the members are provided the opportunity to vote;

    (2) A majority of the members vote in favor of the action; and

    (3) All votes are promptly confirmed in writing and recorded in the Board minutes.

    § 1211.46 Reimbursement and attendance.

    Board members will serve without compensation. Board members will be reimbursed for reasonable travel expenses, as approved by the Board, which they incur when performing Board business.

    § 1211.47 Powers and duties of the Board.

    The Board shall have the following powers and duties:

    (a) To administer this Order in accordance with its terms and conditions and to collect assessments;

    (b) To develop and recommend to the Secretary for approval such bylaws, rules, and regulations as may be necessary for the functioning of the Board and for administering the Order, including activities authorized to be carried out under the Order;

    (c) To meet, organize, and select from among its members a chairperson and such other officers as the Board deems necessary;

    (d) To create any committees, including an executive committee, or subcommittees, as the Board deems necessary from its membership. Subcommittees may include individuals other than Board members;

    (e) To employ or contract persons, other than the Board members, as the Board considers necessary to assist the Board in carrying out its duties and to determine the compensation and specify the duties of such persons or to contract such services from an organization and to enter into contracts or agreements in order to carry out authorized functions;

    (f) To provide appropriate notice of meetings to the industry and USDA and keep minutes of such meetings;

    (g) To develop and administer programs, plans, and projects and enter into contracts or agreements, which must be approved by the Secretary before becoming effective, for promotion, research and information, including consumer and industry information, research and advertising designed to strengthen hardwood lumber industry's position in the marketplace and to maintain, develop, and expand markets for covered hardwood lumber. The payment of costs for such activities shall be with funds collected pursuant to the Order, including funds collected pursuant to section 1211.50(f). Each contract or agreement shall provide that:

    (1) The contractor or agreeing party shall develop and submit to the Board a program, plan, or project together with a budget that specifies the cost to be incurred to carry out the activity;

    (2) The contractor or agreeing party shall keep accurate records of all of its transactions and make periodic reports to the Board of activities conducted, submit accounting for funds received and expended, and make such other reports as the Secretary or Board may require;

    (3) The Secretary may audit the records of the contracting or agreeing party periodically; and

    (4) Any subcontractor who enters into a contract with a Board contractor and who receives or otherwise uses funds allocated by the Board shall be subject to the same provisions as the contractor.

    (h) To prepare and submit to the Secretary for approval 60 calendar days in advance of the beginning of a fiscal period, rates of assessment and a budget of the anticipated expenses to be incurred in the administration of the Order, including the probable cost of each promotion, research and information activity proposed to be developed or carried out by the Board;

    (i) To maintain such records and books and prepare and submit such reports and records from time to time to the Secretary as the Secretary may prescribe; to make appropriate accounting with respect to the receipt and disbursement of all funds entrusted to it; and to keep records that accurately reflect the actions and transactions of the Board;

    (j) To act as an intermediary between the Secretary and any manufacturer;

    (k) To cause its books to be audited by a certified public accountant at the end of each fiscal year and at such other times as the Secretary may request, and to submit a report of the audit to the Secretary;

    (l) To recommend changes to the assessment rate as provided in this part;

    (m) To borrow funds necessary for startup expenses of the Order;

    (n) To receive, investigate, and report to the Secretary complaints of violations of the Order, including investigating complaints of violation, and ensuring consistent, uniform and appropriate application of this Part;

    (o) To consider and recommend to the Secretary new products and the application of the assessment to such products.

    (p) To recommend to the Secretary such amendments to the Order as the Board considers appropriate;

    (q) To periodically prepare and make public and to make available to manufacturers reports of its activities and, at least once each fiscal period, to make public an accounting of funds received and expended;

    (r) To invest assessment funds collected but not yet disbursed pursuant to this Part. Investments shall be in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, obligations fully guaranteed as to principal and interest by the United States or any agency of the United States, or general obligations of any State or any political subdivision of a State.

    (s) To work to achieve an effective, continuous, and coordinated program of promotion, research, consumer information, evaluation, and industry information designed to strengthen the hardwood lumber, hardwood lumber products, hardwood lumber value-added products, and hardwood plywood industry's position in the market; maintain and expand existing markets and uses for covered hardwood; and to carry out programs, plans, and projects designed to provide maximum benefits to the hardwood lumber, hardwood lumber products, hardwood lumber value-added products and hardwood plywood industries.

    § 1211.48 Prohibited activities.

    The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in:

    (a) Any action that is a conflict of interest;

    (b) Using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments, other than recommending to the Secretary amendments to this Part; and

    (c) No program, plan, or project including advertising shall be false or misleading, or disparaging to another agricultural commodity.

    Expenses and Assessments
    § 1211.50 Budget and expenses.

    (a) At least 60 days before the beginning of each fiscal year, and as may be necessary thereafter, the Board shall prepare and submit to the Secretary a budget for the fiscal year covering its anticipated expenses and disbursements in administering the Order. Each such budget, which must be approved by the Secretary before it is implemented, shall include:

    (1) A statement of objectives and strategy for each program, plan, or project developed and approved by the Board;

    (2) A summary of anticipated revenue, with comparative data or at least one preceding year (except for the initial budget);

    (3) A summary of proposed expenditures for each program, plan, or project; and

    (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding year (except for the initial budget).

    (b) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve.

    (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Department, including shifting funds from one program, plan, or project to another. Shifts of funds which do not cause an increase in the Board's approved budget and which are consistent with governing bylaws need not have prior approval by the Secretary.

    (d) The Board may incur such expenses, including provision for a reserve, as are reasonable and likely to be incurred for maintenance and functioning of the Board, and to enable it to exercise its powers and perform its duties in accordance with the provisions of the Order. Such expenses shall be paid from funds received by the Board.

    (e) With approval of the Secretary, the Board may borrow money for the payment of administrative expenses, subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed by the Board shall be expended only for startup costs and capital outlays and are limited to the first year of operation by the Board.

    (f) The Board may accept voluntary contributions, and is encouraged to seek other appropriate funding sources to carry out activities authorized by the Order. Such contributions shall be free from any encumbrances by the donor and the Board shall retain complete control of their use. The Board may receive funds from outside sources (i.e., Federal or State grants, Foreign Agricultural Service funds), with approval of the Secretary, for specific authorized projects.

    (g) The Board shall reimburse the Secretary for all expenses the Secretary incurs in the implementation, administration, and supervision of this Part, including all costs relating to the conducting of a referendum in connection with this Part.

    (h) For fiscal years beginning three years after the establishment of the Board, the Board may not expend for administration, maintenance, and functioning of the Board in any fiscal year an amount that exceeds 15 percent of the assessments and other income received by the Board for that fiscal year. Reimbursements to the Secretary required under this section are excluded from this limitation on spending.

    (i) The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in any reserve so established: Provided, That, the funds in the reserve do not exceed one fiscal period's budget of expenses. Subject to approval by the Secretary, such reserve funds may be used to defray any expenses authorized under this subpart.

    (j) Pending disbursement of assessments and all other revenue under a budget approved by the Secretary, the Board may invest assessments and all other revenues collected under this part in:

    (1) Obligations of the United States or any agency of the United States;

    (2) General obligations of any State or any political subdivision of a State;

    (3) Interest bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve System;

    (4) Obligations fully guaranteed as to principal interest by the United States; or

    (5) Other investments as authorized by the Secretary.

    § 1211.51 Financial statements.

    (a) Upon the Secretary's request, the Board shall prepare and submit financial statements to the Secretary on a monthly or quarterly basis, or at any other time as requested by the Secretary. Each such financial statement shall include, but not be limited to, a balance sheet, income statement, and expense budget. The expense budget shall show expenditures during the time period covered by the report, year-to-date expenditures, and the unexpended budget.

    (b) Each financial statement shall be submitted to the Secretary within 30 days after the end of the time period to which it applies.

    (c) The Board shall submit to the Secretary an annual financial statement within 90 days after the end of the fiscal year to which it applies.

    Assessments
    § 1211.52 Assessments.

    (a) The Board's programs and expenses shall be paid by assessments on manufacturers of covered hardwood, other income of the Board, and other funds available to the Board. This section authorizes hardwood lumber manufacturers to be assessed on hardwood plywood and hardwood lumber, both in its green (rough) form and as it is kiln dried or air dried to create hardwood lumber products and hardwood lumber value-added products.

    (b) Subject to the exemption specified in § 1211.53, each manufacturer shall pay the following assessment:

    Covered hardwood Assessment rate Allowable deductions 1 Hardwood lumber $1/$1,000 in sales N/A. Hardwood lumber products $1/$1,000 in sales —dollar value of hardwood lumber purchases. Hardwood lumber value-added products $0.75/$1,000 in sales of value-added product plus $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber —dollar value of hardwood lumber purchases. Hardwood plywood $3/$1,000 in sales N/A. 1 The deductions are necessary to take into account assessments already paid on green (G/AD/KD) hardwood lumber purchased by the manufacturer to make the product or value-added product.

    (1) Hardwood lumber manufacturers that cut raw, green hardwood logs into hardwood lumber or kiln dry or air dry hardwood lumber that can be further processed into products shall pay at the rate of $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber;

    (2) Hardwood lumber manufacturers that manufacture hardwood lumber products shall pay at a rate of $1.00 per $1,000 in sales of hardwood lumber products minus the dollar value of green (G/AD/KD) hardwood lumber purchases;

    (3) Hardwood lumber value-added product manufacturers shall pay a rate of $0.75 per $1,000 in sales of hardwood lumber value-added products, plus $1.00 per $1,000 in sales of green (G/AD/KD) hardwood lumber, minus the dollar value of the green (G/AD/KD) hardwood lumber purchases; and

    (4) Hardwood plywood manufacturers shall pay at the rate of $3.00 per $1,000 in sales of hardwood plywood lumber.

    (5) Brokered sales of hardwood lumber or hardwood lumber products are excluded from the calculation of assessments.

    (6) Vertically integrated manufacturers that manufacture hardwood lumber, then transfer the lumber from one business unit to another within the same company to manufacture non-assessed product, shall pay assessments based on the fair market value of the non-assessed product, minus the fair market value of the green (G/AD/KD) hardwood lumber, minus the fair market value of the green (G/AD/KD) hardwood lumber purchases times $0.001. This formula is necessary to ensure that covered hardwood lumber in a vertically integrated company is appropriately assessed.

    (c) Assessments shall be remitted to the Board on a quarterly basis, accompanied by a form that the Board shall develop, no later than thirtieth calendar day of the month following the end of the quarter in which the covered hardwood lumber was marketed. Any information collected pursuant to the collection of assessments, shall be kept confidential as specified in § 1211.72 so that no Board member or person subject to assessment shall have access to such information.

    (d) The assessment rate specified in this section may be changed only upon a recommendation by the Board to the Secretary for implementation through rulemaking.

    (e) If the assessment is not paid within 60 calendar days of the date it is due, the Board may impose a late payment charge and interest. The late payment charge and rate of interest shall be recommended by the Board to the Secretary through rulemaking. Persons failing to remit total assessments due in a timely manner may also be subject to actions under federal debt collection procedures.

    (f) The Board may accept advance payment of assessments that will be credited toward any amount for which that person may become liable. The Board may not pay interest on any advance payment.

    (g) If the Board is not in place by the date the first assessments are to be collected, the Secretary shall receive assessments and invest them on behalf of the Board, and shall pay such assessments and any interest earned to the Board when it is established.

    (h) The Board may authorize other organizations to collect assessments on its behalf with the approval of the Secretary.

    § 1211.53 Exemption from assessment.

    (a) Small hardwood lumber manufacturers and small hardwood plywood manufacturers shall be exempt from paying assessments as follows:

    (1) Hardwood lumber manufacturers, hardwood lumber product manufacturers, and hardwood lumber value-added products manufacturers with sales of any assessed product combined to be less than $2 million are exempt from paying assessments.

    (2) Hardwood plywood manufacturers with annual sales of less than $10 million are exempt from paying assessments.

    (b) Hardwood lumber manufacturers and hardwood plywood manufacturers who meet the exemption threshold shall apply for an exemption, on a form provided by the Board. The certificate of exemption shall remain valid for as long as the annual sales of the respective hardwood lumber manufacturer and hardwood plywood manufacturer remain under the exemption threshold. Upon receipt of an application for exemption, the Board shall determine whether an exemption may be granted. The Board will then issue, if deemed appropriate, a certificate of exemption to each manufacturer who is eligible to receive one. Each person shall retain a copy of the certificate of exemption. The Board may develop additional procedures to administer this exemption as appropriate. Such procedures shall be implemented through rulemaking by the Secretary.

    (c) Hardwood lumber manufacturers who did not apply to the Board for an exemption and have annual sales of less than $2 million or hardwood plywood manufacturers that have annual sales of less than $10 million during the fiscal year shall receive a refund from the Board for the applicable assessments within 30 calendar days after the end of the fiscal year. Board staff shall determine the assessments paid and refund the amount due to the manufacturer accordingly.

    (d) Hardwood lumber manufacturers who received an exemption certificate from the Board but have annual sales of $2 million or more or hardwood plywood manufacturers that have annual sales of $10 million or more during the fiscal year shall pay the Board the applicable assessments owed on the annual sales of the covered hardwood within 30 calendar days after the end of the fiscal year and submit any necessary reports to the Board pursuant to § 1211.70.

    (e) Organic. (1) A hardwood lumber or hardwood plywood manufacturer who operates under an approved National Organic Program (7 CFR part 205) (NOP) organic handling system plan may be exempt from the payment of assessments under this part provided that:

    (i) Only agricultural products certified as “organic” or “100 percent organic” (as defined in the NOP) are eligible for exemption;

    (ii) The exemption shall apply to all certified “organic” or “100 percent organic” (as defined in the NOP) products of a manufacturer regardless of whether the agricultural commodity subject to the exemption is manufactured by a person that also manufactures conventional or non-organic agricultural products of the same agricultural commodity as that for which the exemption is claimed;

    (iii) The manufacturer maintains a valid certificate of organic operation as issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522) (OFPA) and the NOP regulations issued under OFPA (7 CFR part 205); and

    (iv) Any manufacturer so exempted shall continue to be obligated to pay assessments under this part that are associated with any agricultural products that do not qualify for an exemption under this section.

    (2) To apply for exemption under this section, an eligible manufacturer shall submit a request to the Board on an Organic Exemption Request Form (Form AMS-15) at any time during the year initially, and annually thereafter on or before the start of the fiscal year, as long as the manufacturer continues to be eligible for the exemption.

    (3) A manufacturer request for exemption shall include the following:

    (i) The applicant's full name, company name, address, telephone and fax numbers, and email address (optional);

    (ii) Certification that the applicant maintains a valid certificate of organic operation issued under the OFPA and the NOP;

    (iii) Certification that the applicant manufactures organic products eligible to be labeled “organic” or “100 percent organic” under the NOP;

    (iv) A requirement that the applicant attach a copy of their certificate of organic operation issued by a USDA-accredited certifying agent under the OFPA and the NOP;

    (v) Certification, as evidenced by signature and date, that all information provided by the applicant is true; and

    (vi) Such other information as may be required by the Board, with the approval of the Secretary.

    (4) If a manufacturer complies with the requirements of this section, the Board will grant an assessment exemption and issue a Certificate of Exemption to the manufacturer within 30 calendar days. If the application is disapproved, the Board will notify the applicant of the reason(s) for disapproval within the same timeframe.

    (5) The exemption will apply immediately following the issuance of a Certificate of Exemption.

    (f) The Board may develop additional procedures to administer this exemption as appropriate. Such procedures shall be implemented through rulemaking by the Secretary.

    Promotion, Research and Information
    § 1211.60 Programs, plans, and projects.

    (a) The Board shall develop and submit to the Secretary for approval programs, plans, and projects authorized under this Part. Such programs, plans, or projects shall provide for the establishment, issuance, implementation, and administration of appropriate programs for promotion, research and information with respect to covered hardwood.

    (b) No program, plan, or project shall be implemented prior to its approval by the Secretary. Once the Secretary approves a program, plan, or project, the Board shall take appropriate steps to implement it.

    (c) The Board shall periodically review or evaluate each program, plan, or project implemented under this subpart to ensure that it contributes to an effective program of promotion, research or information. If the Board finds that any such program, plan, or project does not contribute to an effective program of promotion, research or information, then the Board shall terminate such program, plan, or project.

    § 1211.61 Independent evaluation.

    Within four years of the first Board meeting and at least once every five years thereafter, the Board shall authorize and fund an independent evaluation of the effectiveness of the Order and programs conducted by the Board pursuant to the Act. The Board shall submit to the Secretary and make available to the public the results of each periodic independent evaluation conducted under this section.

    § 1211.62 Patents, copyrights, trademarks, information, publications, and product formulations.

    Patents, copyrights, trademarks, information, publications, and product formulations developed through the use of funds received by the Board under this part shall be the property of the U.S. Government, as represented by the Board, and shall, along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, information, publications, or product formulations, inure to the benefit of the Board; shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board; and may be licensed subject to approval by the Secretary. Upon termination of this part, § 1211.83 shall apply to determine disposition of all such property.

    Reports, Books and Records
    § 1211.70 Reports.

    (a) Each hardwood lumber manufacturer and hardwood lumber plywood manufacturer will be required to provide periodically to the Board staff such information as the Board, with the approval of the Secretary, may require. Such information may include, but not be limited to:

    (1) The name, address and telephone number of the manufacturer;

    (2) The annual sales of covered hardwood lumber; and

    (3) The annual sales of covered hardwood lumber for which assessments were paid.

    (b) Such information shall accompany the collected payment of assessments on a quarterly basis specified in § 1211.52.

    § 1211.71 Books and records.

    Each manufacturer, including those exempt under § 1211.53, shall maintain any books and records necessary to carry out the provisions of this subpart and regulations issued thereunder, including such records as are necessary to verify any required reports. Such books and records must be made available during normal business hours for inspection by the Board's or Secretary's employees or agents. A manufacturer must maintain the books and records for two years beyond the fiscal period to which they apply.

    § 1211.72 Confidentiality of information.

    All information obtained from books, records, or reports under the Act, this subpart and the regulations issued thereunder shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members or other manufacturers. Only those persons having a specific need for such information solely to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or at the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this section shall be deemed to prohibit:

    (a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected therefrom, which statements do not identify the information furnished by any person; and

    (b) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this part, together with a statement of the particular provisions of this part violated by such person.

    Miscellaneous
    § 1211.80 Right of the Secretary.

    All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive actions proposed and prepared by the Board shall be submitted to the Secretary for approval.

    § 1211.81 Referenda.

    (a) Initial referendum. The Order shall not become effective unless the Order is approved by a majority of manufacturers voting in the referendum who also represent a majority of the volume (board foot or equivalent) of covered hardwood lumber represented in the referendum and who, during a representative period determined by the Secretary, were engaged in the manufacturing of covered hardwood lumber.

    (b) Subsequent referenda. Five years after the initial meeting of the Board, the Secretary shall hold a referendum to determine whether manufacturers favor the continuation of the Order. Thereafter, the Secretary shall conduct a referendum at least every seven years. The Order shall continue if it is favored by a majority of manufacturers voting in the referendum who also represent a majority of the volume (board foot or equivalent) of covered hardwood lumber represented in the referendum and who, during a representative period determined by the Secretary, were engaged in the manufacturing of covered hardwood lumber. The Secretary will also conduct a referendum if requested by the Board or if requested by 10 percent or more of all manufacturers eligible to vote in a referendum. In addition, the Secretary may hold a referendum at any time.

    § 1211.82 Suspension and termination.

    (a) The Secretary shall suspend or terminate this part or subpart or a provision thereof, if the Secretary finds that this part or subpart or a provision thereof obstructs or does not tend to effectuate the purposes of the Act, or if the Secretary determines that this subpart or a provision thereof is not favored by persons voting in a referendum conducted pursuant to the Act.

    (b) The Secretary shall suspend or terminate this subpart at the end of the fiscal period whenever the Secretary determines that its suspension or termination is favored by a majority of manufacturers voting in the referendum who represent a majority of the volume (board foot or equivalent) represented in the referendum, and who, during a representative period determined by the Secretary, have been engaged in the manufacturing of covered hardwood lumber.

    (c) If, as a result of a referendum the Secretary determines that this subpart is not approved, the Secretary shall:

    (1) Not later than one hundred and eighty (180) calendar days after making the determination, suspend or terminate, as the case may be, the collection of assessments under this subpart.

    (2) As soon as practical, suspend or terminate, as the case may be, activities under this subpart in an orderly manner.

    § 1211.83 Proceedings after termination.

    (a) Upon the termination of this subpart, the Board shall recommend to the Secretary not more than five of its members to serve as trustees for the purpose of liquidating the affairs of the Board. Such persons, upon designation by the Secretary, shall become trustees of all of the funds and property then in the possession or under control of the Board, including claims for any funds unpaid or property not delivered, or any other claim existing at the time of such termination.

    (b) The said trustees shall:

    (1) Continue in such capacity until discharged by the Secretary;

    (2) Carry out the obligations of the Board under any contracts or agreements entered into pursuant to the Order;

    (3) From time to time, account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and the trustees, to such person or persons as the Secretary may direct; and

    (4) Upon request of the Secretary, execute such assignments or other instruments necessary and appropriate to vest in such persons title and right to all funds, property and claims vested in the Board or the trustees pursuant to the Order.

    (c) Any person to whom funds, property or claims have been transferred or delivered pursuant to the Order shall be subject to the same obligations imposed upon the Board and upon the trustees.

    (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Secretary to be disposed of, to the extent practical, to one or more hardwood lumber and hardwood plywood industry organizations in the interest of continuing hardwood lumber and hardwood plywood promotion, research and information programs.

    § 1211.84 Effect of termination or amendment.

    Unless otherwise expressly provided by the Secretary, the termination or amendment of this part or any subpart thereof, shall not:

    (a) Affect or waive any right, duty, obligation or liability which shall have arisen or which may thereafter arise in connection with any provision of this part; or

    (b) Release or extinguish any violation of this part; or

    (c) Affect or impair any rights or remedies of the United States, or of the Secretary, or of any other persons with respect to any such violation.

    § 1211.85 Personal liability.

    No member or employee of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member or employee, except for acts of dishonesty or willful misconduct.

    § 1211.86 Separability.

    If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this subpart or the applicability thereof to other persons or circumstances shall not be affected thereby.

    § 1211.87 Amendments.

    Amendments to this subpart may be proposed from time to time by the Board or by any interested person affected by the provisions of the Act, including the Secretary.

    § 1211.88 OMB control number.

    The control numbers assigned to the information collection requirements of this part by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, are OMB control number 0505-0001 (Board nominee background statement) and OMB control number 0581-NEW.

    Dated: June 1, 2015. Erin Morris, Associate Administrator.
    [FR Doc. 2015-13719 Filed 6-8-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1998; Directorate Identifier 2014-SW-035-AD] RIN 2120-AA64 Airworthiness Directives; MD Helicopters Inc. AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for MD Helicopters Inc. (MDHI) Model 500N and 600N helicopters with certain rotating cone assemblies installed. This proposed AD would require establishing a life limit of 10,000 hours time-in-service (TIS) on these rotating cone assemblies. This proposed AD is prompted by the determination that MDHI created rotating cone assemblies with new dash numbers but incorrectly failed to identify them as life-limited parts. The proposed actions are intended to prevent operation of rotating cone assemblies past their life limits, failure of the rotating cone assemblies, loss of directional control, and subsequent loss of control of the helicopter.

    DATES:

    We must receive comments on this proposed AD by August 10, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    FOR FURTHER INFORMATION CONTACT:

    Galib Abumeri, Aerospace Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-5324; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    We propose to adopt a new AD for MDHI Model 500N helicopters with a rotating cone assembly part number (P/N) 500N3740-81 installed and Model 600N helicopters with a rotating cone assembly P/N 500N3740-71 installed. This proposed AD would require establishing a new life limit for these part-numbered rotating cone assemblies. This proposed AD is prompted by the determination that MDHI created rotating cone assemblies with new dash numbers and did not identify them as life-limited parts. Although these parts have a life limit of 10,000 hours TIS, they were incorrectly omitted from the Airworthiness Limitation Section of the Rotorcraft Flight Manual. MDHI reports that some of the affected parts were sold as spares while others were installed on new helicopters in production.

    The proposed actions are intended to prevent a rotating cone assembly remaining in service beyond its fatigue life. This condition could result in failure of the rotating cone assembly and subsequent loss of control of the helicopter.

    FAA's Determination

    We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

    Related Service Information

    MDHI issued Service Bulletin SB500N-046 and SB600N-054 (SB) as a single bulletin on July 9, 2012. The SB calls for a one-time inspection within 100 flight hours to determine the rotating cone assembly's part number on MDHI Model 500N and 600N helicopters. The SB then states to correct the component record for certain rotating cone assemblies.

    The SB also specifies determining the rotating cone assembly's total service time since new and recording this on the component record. MDHI reports that failure to comply with the SB may result in an aircraft exceeding the life limit of the rotating cone assembly and that this could lead to component failure and loss of directional control of the helicopter.

    Proposed AD Requirements

    This proposed AD would require within 1 year or at the next annual inspection, whichever comes later:

    • Creating a component history card or equivalent record for the rotating cone assembly, P/N 500N3740-81 or P/N 500N3740-71, whichever applies to your helicopter, and recording a life limit of 10,000 hours TIS.

    • Revising the Airworthiness Limitations section of the applicable maintenance manual or the Instruction for Continued Airworthiness by establishing a new retirement life of 10,000 hours TIS for each rotating cone assembly. Accomplish this requirement by making pen-and-ink changes or inserting a copy of this AD into the applicable maintenance manual or the Instruction for Continued Airworthiness.

    • Removing from service any rotating cone assembly, P/N 500N3740-81 or P/N 500N3740-71, that has 10,000 or more hours TIS. Installing rotating cone assembly, P/N 500N3740-81 or P/N 500N3740-71, is prohibited unless you have complied with the previous requirements of this AD.

    Differences Between This Proposed AD and the Service Information

    The SB calls for inspecting the rotating cone assembly to determine its P/N. We make no requirement about how to determine the P/N. The compliance time for the SB is within 100 flight hours, while this proposed AD would require compliance within 1 year or by the next annual inspection, whichever comes later.

    Costs of Compliance

    We estimate that this proposed AD would affect 8 helicopters of U.S. Registry and that labor costs average $85 a work hour. Based on these estimates, we expect creating a component history card and revising the appropriate records would take 1 work-hour. No parts would be needed for a total cost of $85 per helicopter and $680 for the U.S. fleet.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify this proposed regulation:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    The Proposed Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): MD Helicopters Inc.: Docket No. FAA-2015-1998; Directorate Identifier 2014-SW-035-AD. (a) Applicability

    This AD applies to MD Helicopters Inc. (MDHI) Model 500N with a rotating cone assembly part number (P/N) 500N3740-81 installed, and Model 600N helicopters with a rotating cone assembly P/N 500N3740-71 installed, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a rotating cone assembly remaining in service beyond its fatigue life. This condition could result in failure of the rotating cone assembly and loss of control of the helicopter.

    (c) Comments Due Date

    We must receive comments by August 10, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    (1) Within 1 year or at the next annual inspection, whichever comes later:

    (i) Create a component history card or equivalent record for each rotating cone assembly, P/N 500N3740-81 and P/N 500N3740-71, and record a life limit of 10,000 hours time-in-service (TIS).

    (ii) Revise the Airworthiness Limitations Section of the applicable maintenance manual or Instructions for Continued Airworthiness by establishing a new retirement life of 10,000 hours TIS for each rotating cone assembly, P/N 500N3740-81 and P/N 500N3740-71, by making pen-and-ink changes or by inserting a copy of this AD into the Airworthiness Limitations Section of the maintenance manual or the Instructions for Continued Airworthiness.

    (iii) Remove from service any rotating cone assembly, P/N 500N3740-81 and P/N 500N3740-71, that has 10,000 or more hours TIS.

    (2) Do not install a rotating cone assembly, P/N 500N3740-81 or P/N 500N3740-71, on any helicopter unless you have complied with the requirements of this AD.

    (f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Galib Abumeri, Aerospace Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-5324; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (g) Additional Information

    MD Helicopters Inc. Service Bulletin SB500N-046/SB600N-054, dated July 9, 2012, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review a copy of information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 5302, Rotorcraft Tail Boom.

    Issued in Fort Worth, Texas, on May 29, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13853 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2048; Directorate Identifier 2015-CE-015-AD] RIN 2120-AA64 Airworthiness Directives; British Aerospace Regional Aircraft Airplanes AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation (DOT).

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for British Aerospace Regional Aircraft Jetstream Series 3101 and Jetsream Model 3201 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as missing countersunk washers under the head of the main landing gear trunnion cap tension bolts that could cause fatigue in the bolt shanks. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by July 24, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: (202) 493-2251.

    Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this proposed AD, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; email: [email protected]; Internet: http://www.baesystems.com/Businesses/RegionalAircraft/. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2048; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090; email: [email protected].

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-2048; Directorate Identifier 2015-CE-015-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2015-0061, dated April 20, 2015 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    The review of the BAE production drawing for main landing gear (MLG) fitting installation identified a risk of omitting installation of a countersunk washer under the head of the MLG trunnion cap tension bolts, potentially causing fatigue in the bolt shank under the head of such tension bolt(s).

    This condition, if not detected and corrected, could lead to failure of the bolt(s), thereby compromising the structural integrity of the other MLG tension bolts holding the MLG in place, possibly resulting in collapse of the MLG on take-off or landing with consequent damage to the aeroplane and injury to occupants.

    Although so far, no in-service bolt head failures have been reported since entry in to service of the type design in 1986, to address this potential unsafe condition, BAE Systems (Operations) Ltd issued Service Bulletin (SB) 57-JA120141 to provide inspection instructions.

    For the reasons described above, this AD requires inspection and, depending on findings, replacement of the MLG trunnion cap tension bolts.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2048.

    Related Service Information Under 1 CFR Part 51

    British Aerospace Regional Aircraft has issued British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 57-JA120141, REVISION 1, dated April 8, 2014. The service information describes procedures for inspection and replacement of main landing gear trunnion cap tension bolts. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this NPRM.

    FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

    Costs of Compliance

    We estimate that this proposed AD will affect 66 products of U.S. registry. We also estimate that it would take about 6 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour.

    Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $33,660, or $510 per product.

    In addition, we estimate that any necessary follow-on actions would take about 1 work-hour and require parts costing $1,200, for a cost of $1,285 per product. We have no way of determining the number of products that may need these actions.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed regulation:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    The Proposed Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: British Aerospace Regional Aircraft: Docket No. FAA-2015-2048; Directorate Identifier 2015-CE-015-AD. (a) Comments Due Date

    We must receive comments by July 24, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to British Aerospace Regional Aircraft Jetstream Series 3101 and Jetsream Model 3201 airplanes, all serial numbers, certificated in any category.

    (d) Subject

    Air Transport Association of America (ATA) Code 32: Landing Gear.

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as missing countersunk washers under the head of the main landing gear (MLG) trunnion cap tension bolts that could cause fatigue in the bolt shanks. We are issuing this AD to detect and correct missing countersunk washers, which could lead to failure of the bolt(s), thereby compromising the structural integrity of the other MLG tension bolts holding the MLG in place, possibly resulting in collapse of the MLG on take-off or landing with consequent damage to the airplane and injury to occupants.

    (f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through (f)(4) of this AD, including all subparagraphs, following the Accomplishment Instructions in British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 57-JA120141, REVISION 1, dated April 8, 2014:

    (1) This AD allows credit for the actions required in paragraphs (f)(3) and (f)(4), including all subparagraphs, of this AD if done before the effective date of this AD following the Accomplishment Instructions of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 57-JA120141, Original Issue, dated: July 31, 2012.

    (2) For the purposes of this AD, owner/operators who do not track total flight cycles (FC), multiply the total number of airplane hours time-in-service by 0.75 to calculate the FC.

    (3) For Pre-Mod JM5218 airplanes: Within 250 FC after the effective date of this AD, do a magnetic particle inspection (MPI) of each MLG trunnion cap tension bolt.

    (i) If no crack is found during the MPI required by paragraph (f)(1) of this AD, before further flight, either re-install the crack-free bolt(s) or install a replacement bolt(s) having the same part number (P/N) as the original bolt. Install a countersunk washer under the bolt(s) ensuring the washer P/N is applicable to the diameter bolt installed as specified in figure 1 of paragraph (f)(3)(i) of this AD.

    Bolt P/N Washer P/N MS21250H06040 PKS1000-6-2-S (washer). MS21250H07040 PKS1000-7-2-S (washer).

    Figure 1 of paragraph (f)(3)(i)—Pre-Mod JM5218 Replacement Parts

    (ii) If a cracked bolt is found during the inspection required by paragraph (f)(3) of this AD, before further flight, replace each cracked bolt with a replacement bolt having the same P/N as the original bolt. Install a countersunk washer under the bolt ensuring the washer P/N is applicable to the diameter bolt installed as specified in figure 1 of paragraph (f)(3)(i) of this AD.

    (4) For Post-Mod JM5218 airplanes: Visually inspect each MLG trunnion cap tension bolt to determine which type of bolt is installed.

    (i) If it is determined the installed bolts are P/N MS21134H07045 or P/N MS21134H07059 during the inspection required in paragraph (f)(4) of this AD, before further flight (except as specified in paragraph (f)(4)(i)(A) of this AD), replace each `old' bolt P/N with a `new' bolt P/N as specified in figure 2 of paragraph (f)(4)(i) of this AD and install a washer having P/N PKS1000-7-2-S under each bolt.

    Bolt P/N `Old' Bolt P/N `New' MS21134H07045 MS21134H07046, or MS21250H07046. MS21134H07059 MS21134H07060, or MS21250H07060.

    Figure 2 of paragraph (f)(4)(i)—Post-Mod JM5218 Replacement Parts

    (A) If no `new' replacement bolt is available to comply with paragraph (f)(4)(i) of this AD, the `old' bolt may be reinstalled without a countersunk washer, provided that within 500 FC after reinstallation and repetitively thereafter at intervals not to exceed 500 FC, each affected bolt is inspected by MPI.

    (B) Within 2,000 FC after reinstallation of a bolt as allowed by paragraph (f)(4)(i)(A) of this AD or before further flight if a crack was found during any MPI as required by paragraph (f)(4)(i)(A) of this AD, whichever occurs first, replace the `old' bolt P/N with a `new' bolt P/N as specified in figure 2 of paragraph (f)(4)(i) of this AD and install a washer having P/N PKS1000-7-2-S under each bolt.

    (ii) If it is determined the installed bolts are P/N MS21250H07046 or P/N MS21250H07060 and no countersunk washer is installed during the inspection required in paragraph (f)(4) of this AD, before further flight, do an MPI of each MLG trunnion cap tension bolt.

    (A) If no crack is found during the MPI required by paragraph (f)(4)(ii) of this AD, before further flight, either re-install the crack-free bolts or install replacement bolts having a `new' bolt P/N as specified in figure 2 of paragraph (f)(4)(i) of this AD and install a countersunk washer P/N PKS1000-7-2-S under each bolt.

    (B) If any crack is found during the MPI required by paragraph (f)(4)(ii) of this AD, before further flight, replace each cracked bolt with a serviceable one having a `new' bolt P/N as specified in figure 2 of paragraph (f)(4)(i) of this AD and install a countersunk washer P/N PKS1000-7-2-S under each bolt.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090; email: [email protected]. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

    (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2015-0061, dated April 20, 2015; and British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 57-JA120141, Original Issue, dated: July 31, 2012, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2048. For service information related to this AD, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; email: [email protected]; Internet: http://www.baesystems.com/Businesses/RegionalAircraft/. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on June 1, 2015. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-13918 Filed 6-8-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 101 and 105 [Docket No. USCG-2013-1087] Seafarers' Access to Maritime Facilities Correction

    In proposed rule document 2015-12657 appearing on pages 30189-30190 in the issue of Wednesday, May 27, 2015, make the following correction(s):

    On page 30189, in the DATES section, in the fourth line, “July 1, 2015” should read “July 27, 2015”.

    [FR Doc. C1-2015-12657 Filed 6-8-15; 8:45 am] BILLING CODE 1505-01-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900-AP14 Schedule for Rating Disabilities; The Organs of Special Sense and Schedule of Ratings—Eye AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) proposes to amend the portion of the VA Schedule for Rating Disabilities (VASRD or rating schedule) that addresses the organs of special sense and schedule of ratings—eye. The purpose of these changes is to incorporate medical advances that have occurred since the last review, update current medical terminology, and provide clear evaluation criteria. The proposed rule reflects advances in medical knowledge, recommendations from the National Academy of Sciences (NAS), and comments from subject matter experts and the public garnered as part of a public forum. The public forum, focusing on revisions to the organs of special sense and schedule of ratings for eye disabilities, was held on January 19-20, 2012.

    DATES:

    Comments must be received on or before August 10, 2015.

    ADDRESSES:

    Written comments may be submitted through www.Regulations.gov; by mail or hand-delivery to Director, Office of Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AP14-Schedule for Rating Disabilities; The Organs of Special Sense and Schedule of Ratings—Eye.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Nick Olmos-Lau, M.D., Medical Officer, Part 4 VASRD Staff (211C), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)

    SUPPLEMENTARY INFORMATION:

    As part of VA's ongoing revision of the VA Schedule for Rating Disabilities (VASRD or rating schedule), VA proposes changes to 38 CFR 4.77-4.79, which pertain to the organs of special sense and disabilities and disease of the eye. The proposed changes will: (1) Update the medical terminology of certain eye conditions; (2) add medical conditions frequently encountered but not currently found in the rating schedule; and (3) refine evaluation criteria based on medical advances that have occurred since the last revision and current understanding of functional changes associated with or resulting from disease or injury (pathophysiology).

    I. § 4.77 Visual Fields

    Current § 4.77(a) requires examiners to record the results of visual field testing on a standard Goldmann chart and include the Goldmann chart with the examination report. In order to improve the efficiency and timeliness of claims processing, VA proposes to eliminate the requirement that examiners provide VA with the Goldmann chart and instead only require the visual field measurements necessary for rating purposes.

    An examination of visual fields requires an examiner to indicate the Veteran's maximum visual field at 16 prescribed points of measurement. Under the current regulation, if the results of an examination do not include the Goldmann chart used for visual field testing, it must be returned to the examiner for inclusion of the completed chart prior to evaluating the disability. This results in unnecessary delays in claims where all relevant information to evaluate visual field impairment is present, but is not in the prescribed format. In addition to reducing delays in processing time, eliminating the chart requirement expands the ability to evaluate disabilities on the basis of private treatment records, provided they contain sufficient evidence to evaluate the disability. Under the proposed change, an examination of a visual field impairment is sufficient for rating purposes if it provides, at a minimum, visual field measurements of at least 16 meridians 221/2 degrees apart for each eye and it indicates the Goldmann equivalent used during testing. As this information need not be provided in a chart format, VA proposes to amend in current paragraph (a) the phrase “The examiner must chart at least 16 meridians . . .” to read “The examiner must document the results for at least 16 meridians . . .”.

    Similarly, VA proposes to amend the language in current paragraph (a) which directs an examiner to “include the tracing of either the tangent screen or of the 30-degree threshold visual field . . .” when additional testing is required. As above, VA proposes that the examiner need only “document the results” of the additional testing rather than provide the actual tracing itself.

    No other changes to § 4.77 are proposed.

    II. § 4.78 Muscle Function

    Section 4.78(a) currently requires muscle function to be examined and measured using Goldmann perimeters. However, due to the increasing difficulty encountered by evaluation facilities in acquiring and repairing Goldmann perimeters, the Tangent Screen has been developed as an alternative method for documenting alteration of eye muscle function. David F. Chang, Chapter 2. Ophthalmologic Examination, Vaughan & Asbury's General Ophthalmology, http://accessmedicine.mhmedical.com/content.aspx?bookid=387&Sectionid=40229319 (last visited Apr. 29, 2014). The Tangent Screen is an inexpensive device, commonly found in many eye clinics, and is used to test for diplopia due to eye muscle dysfunction. Like the Goldmann perimeter, the results of the Tangent Screen method are documented on a Goldmann chart recording sheet, which plots areas of diplopia across the major visual fields. Furthermore, the results of both tests are relatively similar. See Agnes M.F. Wong, MD, and James A. Sharpe, MD, A Comparison of Tangent Screen, Goldmann, and Humphrey Perimetry in the Detection and Localization of Occipital Lesions, Ophthalmology 1107:527-544 (2000). In order to accommodate more modern and readily available methods, VA proposes to amend § 4.78(a) to allow for measurement of muscle function using either Goldmann perimeters or Tangent Screen method.

    Current § 4.78(a) requires examiners to plot the results of muscle function testing on a standard Goldmann chart and include the chart with the examination report. VA proposes to remove these requirements for the same reasons indicated in the section above discussing proposed changes to § 4.77. Under the proposed change, an examination of muscle function is sufficient for rating purposes if it identifies the quadrant(s) and range(s) of degrees in which diplopia exists.

    No other changes to § 4.78 are proposed.

    III. § 4.79 Schedule of Ratings—Eye

    Current § 4.79 contains a General Rating Formula for Diagnostic Codes 6000 through 6009. This formula evaluates disease of the eye on the basis of incapacitating episodes or visual impairment (impairment of visual acuity, visual field, and/or muscle function), whichever provides the highest evaluation. Currently, “incapacitating episodes” is defined as a period of acute symptoms severe enough to require prescribed bed rest and treatment by a physician or other healthcare provider. This definition provides limited applicability of the rating formula as bed rest is no longer a uniformly valid method of treatment, nor is it a pertinent domain in the field of disability criteria. R.I. Cho & E. Savitsky, Ocular Trauma, Combat Casualty Care: Lessons Learned from OEF and OIF, 299 (M. Lenhart ed. 2012). Limiting the definition to bed rest categorically excludes periods of incapacitation due to eye disease requiring intensive treatment and medical management other than bed rest, as well as the potential for development of medical complications. Therefore, VA proposes to update the definition of an incapacitating episode to mean an episode that requires clinic visits for treatment for an active eye disease.

    Through its definition, VA intends to require that these visits be documented in the medical record by a physician or other health care provider and that such visits must relate to the monitoring of progress, administration of treatment(s), and the development of complications related to the underlying active eye disability. Incorporating documented treatment allows for consideration of intensive interventional care, the use of complex drugs, and the placement of devices when evaluating the severity of a given eye disability. By providing evaluations based on the duration of treatment for an active eye disease, the proposed criteria more accurately reflect occupational disruption and impairment due to eye diseases that do not necessarily involve measurable visual impairment. This updated definition of incapacitating episodes aligns with modern medical practice and the treatment of eye diseases, providing an alternative basis for evaluation of eye disabilities in the absence of visual impairment. VA also proposes to add a non-exhaustive list of examples of treatment to the definition of incapacitating episodes. This list would clarify the evaluation criteria to claims processors and ease application of the rating schedule by indicating possible treatment options for the various eye diseases.

    VA proposes a 60 percent evaluation for documented incapacitating episodes requiring 10 or more medical visits for monitoring or treatment of an active eye disease or complications per year. A 40 percent evaluation is proposed for documented incapacitating episodes requiring at least 7 but no more than 9 medical visits for monitoring or treatment of an active eye disease or complications per year. A 20 percent evaluation is proposed for documented incapacitating episodes requiring at least 4 but no more than 6 medical visits for monitoring or treatment of an active eye disease or complications per year. VA proposes a 10 percent evaluation for documented incapacitating episodes requiring 3 medical visits for monitoring or treatment of an active eye disease or complications per year.

    VA would add a note to § 4.79 that would refer raters, when evaluating visual impairment due to the particular condition, to 38 CFR 4.75-4.78 and to § 4.79, diagnostic codes 6061-6090.

    A. Diseases of the Eye—Organizational Headings

    The current schedule of ratings for the eye contains one general category for Diseases of the Eye with a limited listing of diagnoses and/or disabilities. This category does not organize the listed disabilities in a manner that represents the current scientific understanding of the specific anatomy of the eye, etiology of the disease, or the disabling effect of the disease itself. When presented with a diagnosis that is not listed in the rating schedule, claims processors must rate by analogy to a listed diagnosis.

    Section 4.27 directs claims processors to analogize these disabilities on the basis of disease similarity and residual disability to allow for easy identification of the source of each rating. However, it is specifically noted that “the diagnostic terminology will be that of the medical examiner, with no attempt to translate the terms into schedule nomenclature.” Id. In other words, the determination of disease type and residual disability is to be made by a medical professional; the claims processor should not partake in any type of medical determination when deciding how to rate analogously.

    In order to ease the use of analogous codes when evaluating eye diseases, VA proposes to organize the Diseases of the Eye into nine categories. These diagnostic categories organize the listed disabilities into medically logical sets on the basis of diagnostic criteria, anatomical location, and disease etiology. By grouping disabilities according to medical criteria, the categories would ease the use of analogous coding by claims processors. Additionally, the categories would allow VA to track the use of analogous codes with more specificity, providing data on the need for inclusion of new disabilities in future revisions to the VASRD.

    All disabilities contained in § 4.79 would be evaluated under the General Rating Formula for Diseases of the Eye unless otherwise directed. The organizational categories and specific diagnostic codes within each category are as follows:

    B. Diseases of the Uveal Tract

    The uveal tract consists of three eye structures: the iris, the ciliary body, and the choroid. This category of conditions includes infections, inflammations including Tuberculosis of the eye (DC 6010) and other diseases involving these three structures of the eye. This category would include the following diagnostic codes (DCs): DC 6000, choroidopathy, including uveitis, iritis, cyclitis, and choroiditis; and DC 6002, scleritis. VA proposes to continue evaluating both conditions under the General Rating Formula for Diseases of the Eye, as amended above.

    C. Diseases of the Retina, Macula, and Vitreous

    The retina is the inner layer of the eye, containing blood vessels and nerve structures that connect the eye with the optic nerve and brain. The retina participates in light, motion, and color perception and image formation. The macula is the visual center of the eye and contains receptors that perceive light and color. Vitreous is the thick, transparent substance that fills the eye, providing it with volume and shape. This category includes the following diagnostic codes:

    1. Diagnostic Code 6006

    Current DC 6006 addresses retinopathy or maculopathy. VA proposes to clarify this code as “not otherwise specified,” as new DCs are proposed to capture other specified types of retinopathy. If the retinopathy diagnosed is not one of the other specified diagnoses, it will be evaluated as DC 6006. This condition would continue to be evaluated under the General Rating Formula for Diseases of the Eye.

    2. Diagnostic Code 6008

    VA proposes to continue evaluating this condition, detachment of the retina, under the General Rating Formula for Diseases of the Eye. VA proposes no other changes to this diagnostic code.

    3. Diagnostic Code 6011

    Current DC 6011 instructs claims processors to evaluate retinal scars, atrophy, or irregularities as 10 percent disabling if such scars, etc., are centrally located and result in an irregular, duplicated, enlarged, or diminished image. Alternatively, claims processors may evaluate based on visual impairment. VA proposes to further expand this alternate rating criteria by directing claims processors to evaluate this condition under the General Rating Formula for Diseases of the Eye if this would result in a higher evaluation. In other words, the only change to the diagnostic code is to allow this condition to be evaluated on the basis of “incapacitating episodes,” in addition to visual impairment or the nature of the scar, atrophy, or irregularity itself.

    4. New Diagnostic Code 6040

    VA proposes to add a new DC 6040, titled “Diabetic retinopathy,” in order to account for retinal impairment specifically caused by diabetes in the Veteran population. Visual impairment is a common complication of diabetes mellitus. Diabetes is the most significant cause of visual impairment and blindness in the United States in working age adults. James Orcutt et al., Eye Disease in Veterans with Diabetes, 27 Diabetes Care B50 (2004). Epidemiologic studies of diabetic retinopathy show that 15 years after the onset of diabetes, retinopathy appears in 97 percent of patients with type 1 diabetes, 80 percent of type 2 diabetes treated with insulin, and 55 percent of type 2 diabetes treated without insulin. Id. The most severe form of retinopathy (proliferative) was evident 15 years after the initial diagnosis of diabetes in 30 percent of cases with type 1 diabetes, in 15 percent of those with type 2 diabetes treated with insulin, and in 5 percent of those not treated with insulin. Id. Of 429,918 patients treated at the VA hospital with diabetes in 1998, 9.5 percent developed proliferative retinopathy related to diabetes. In addition, the study noted that diabetic veterans with lower-extremity amputations have an increased risk for developing diabetic retinopathy. Id. at 52.

    Currently, this condition is evaluated under DC 6006 (retinopathy or maculopathy) without any method of identifying those cases caused by diabetes. Given the significance of diabetes in the Veteran population and the likelihood of developing this related eye disease, VA proposes to add a separate diagnostic code to properly track and evaluate the Veteran population with diabetic retinopathy. VA proposes to continue evaluating this condition under the General Rating Formula for Diseases of the Eye.

    5. New Diagnostic Code 6042

    VA proposes to add a new DC 6042, titled “Retinal dystrophy (including retinitis pigmentosa),” in order to account for impairment due to this condition in the Veteran population. Retinal dystrophy is an important and growing group of disorders that cause blindness. Included within the larger group of retinal dystrophy is retinitis pigmentosa, perhaps the best known and most commonly recognized condition. While retinitis pigmentosa is hereditary, the onset of symptoms may be delayed until early adult years, meaning impairment may not manifest until well after an individual has begun his or her military service. In certain situations, disability compensation can be provided to Veterans with this condition when the symptoms first manifest themselves during active duty military service. To reinforce the potential for service-connection for these disabilities, VA proposes to add a specific diagnostic code for these conditions.

    In retinitis pigmentosa there is a gradual loss of the eye photoreceptors (rods and cones) with a deposition of pigment caused by involutional changes of the cells of the retinal pigment epithelium layer. Retinitis pigmentosa, A.D.A.M. Medical Encyclopedia, PubMed Health, U.S. National Library of Medicine, http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0002024/ (last visited Apr. 29, 2014). This leads to the gradual onset of night blindness, tripping over objects in the visual periphery due to constricion of the peripheral visual field, tunnel vision, and eventually total blindness. Id. There is currently no known effective treatment for this condition. Id. Given the functional effects of this disability, VA proposes to evaluate this condition under the General Rating Formula for Diseases of the Eye, which would allow for rating based on either visual impairment or on incapacitating episodes.

    D. Glaucoma

    Glaucoma is a group of diseases that can damage the eye's optic nerve and can result in loss of vision. Glaucoma, MayoClinic, http://www.mayoclinic.org/diseases-conditions/glaucoma/basics/symptoms/con-20024042 (last visited Apr. 29, 2014). The most common types of glaucoma are open-angle glaucoma and angle-closure glaucoma. Id.

    Angle closure glaucoma is due to a blockage of the fluid (aqueous humor) drainage canals, causing a rapid and dangerous increase in eye pressure. This is an acute emergency that can lead to permanent visual loss. These conditions can be primary or secondary to an injury, medication, inflammation, tumor, or other medical condition. Id. This category includes the following diagnostic codes:

    1. Diagnostic Code 6012

    Current DC 6012, angle-closure glaucoma, lists evaluation criteria based on either visual impairment or on incapacitating episodes, whichever results in a higher evaluation. In addition, a minimum 10 percent evaluation is provided for the requirement of continuous medication. For clarity and uniformity with the remainder of § 4.79, VA proposes to include the general instruction to evaluate this disability under the General Rating Formula for Diseases of the Eye with a minimum evaluation of 10 percent when continuous medication is required.

    2. Diagnostic Code 6013

    Current DC 6013, open-angle glaucoma, states to evaluate on the basis of visual impairment due to this condition. VA proposes to direct evaluation under the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for this disability, allowing VA to more accurately and adequately capture the disabling effects.

    Current DC 6013 also provides a minimum 10 percent evaluation if continuous medication is required for treatment. VA proposes no change to this minimum evaluation.

    E. Ocular Neoplasms and Trauma

    This category includes current diagnostic codes for neoplasms of the eye (both malingnant and benign) as well as eye traumas. This category includes the following diagnostic codes:

    1. Diagnostic Code 6007

    VA proposes to continue evaluating DC 6007, intraocular hemorrhage, under the General Rating Formula for Diseases of the Eye. VA proposes no other changes to this diagnostic code.

    2. Diagnostic Code 6009

    Current DC 6009, unhealed eye injury, includes orbital trauma, as well as penetrating and non-penetrating eye injury. VA proposes to continue evaluating this condition under the General Rating Formula for Diseases of the Eye. VA also proposes to add a note stating that this code includes orbital trauma, as well as penetrating and non-penetrating eye injury. This note would facilitate the identification and recording of significant eye injuries in one DC.

    3. Diagnostic Code 6014

    Current DC 6014 evaluates malignant neoplasm of the eyeball only. VA proposes to replace the word “eyeball” with “eye” to conform with modern medical terminology. The preferred nomenclature in medicine for the organ of vision is the eye. While eyeball and eye are used interchangeably, it is customary to use the word eye when referring to diseases or anatomy. American Academy of Ophthalmology, Introducing Ophthalmology: A Primer for Office Staff, 8 (3d ed. 2013). Additionally, VA proposes to clarify that this diagnostic code includes malignant neoplasms of the orbit and adnexa. The most prevalent intraocular malignant neoplasms include uveal melanoma, intraocular lymphoma, and intraocular metastasis. These malignancies affect not only the eyeball, but often involve the orbit and adnexa. To ensure these malignancies are adequately evaluated under the VASRD, VA proposes to clarify that DC 6014 is not limited to neoplasms of the eyeball only. Malignant neoplasms of the skin are still excluded as these are evaluated under current DC 7818 within a different body system. VA proposes no changes to the evaluation criteria for DC 6014.

    4. Diagnostic Code 6015

    Current DC 6015 evaluates benign neoplasm of the eyeball and adnexa only. VA proposes to replace the word “eyeball” with “eye” to conform with modern medical terminology. Id. Additionally, VA proposes to expand the applicability of this diagnostic code to include benign neoplasms of the orbit, this includes lid tumors in adults, cavernous hemangioma, dermoid, epidermal cysts and other conditions. By expanding the applicability, the VASRD would provide a specific diagnostic code for the evaluation of benign growths of the orbit and adnexa. Benign neoplasms of the skin are still excluded as these are evaluated under current DC 7819 within a different body system. VA proposes no changes to the evaluation criteria for DC 6015.

    F. Conditions of the Lacrimal System

    The lacrimal system consists of the lacrimal glands and the nasolacrimal duct. This system is responsible for the secretion and drainage of tears and, when properly functioning, serves to moisten, lubricate, and protect the surface of the eye. Cat N. Burkat MD, and Mark J. Lucarelli MD, Anatomy of the Lacrimal System, The Lacrimal System: Diagnosis, Management, and Surgery, http://link.springer.com/book/10.1007%2F978-0-387-35267-1. This category includes DC 6025, which pertains to disorders of the lacrimal apparatus (epiphora, dacrocystitis, etc.). VA proposes no changes to this diagnostic code.

    G. Corneal Diseases

    The cornea is the eye's outermost layer. It is a clear, dome-shaped surface, overlying the pupil, that covers the front of the eye. Facts About the Cornea and Corneal Disease, National Eye Institute, http://www.nei.nih.gov/health/cornealdisease/ (last visited Apr. 29, 2014). The cornea functions as a lens which focuses light on the retina. Id. An injury to the cornea generally produces redness, itching, tearing, and, depending on the severity of the injury, pain and blurring of vision. Id. This category includes the following diagnostic codes:

    1. Diagnostic Code 6001

    VA proposes to continue evaluating DC 6001, keratopathy, under the General Rating Formula for Diseases of the Eye. VA proposes no other changes to this diagnostic code.

    2. Diagnostic Codes 6017 and 6018

    Current DC 6017 states to evaluate trachomatous conjunctivitis on the basis of visual impairment when this condition is active, with a minimum evaluation of 30 percent. Current DC 6018 states to evaluate chronic conjunctivitis (nontrachomatous) on the basis of visual impairment when this condition is active, with a minimum evaluation of 10 percent.

    VA proposes to direct evaluation of active trachomatous and nontrachomatous conjunctivitis under the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for these disabilities, allowing VA to more accurately and adequately capture the disabling effects. VA proposes to retain the respective minimum evaluations for cases of active conjunctivitis.

    Once conjunctivitis (trachomatous or nontrachomatous) is found to be inactive, current DCs 6017 and 6018 state to evaluate based on residuals, including visual impairment or disfigurement under DC 7800. VA proposes no change to these evaluation criteria.

    3. Diagnostic Code 6035

    Current DC 6035 states to evaluate keratoconus on the basis of visual impairment due to this condition. VA proposes to direct evaluation under the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for this disability, allowing VA to more accurately and adequately capture the disabling effects.

    4. Diagnostic Code 6036

    Current DC 6036 states to evaluate status post corneal transplant on the basis of visual impairment due to this condition, with a minimum evaluation of 10 percent in the presence of pain, photophobia, and glare sensitivity. VA proposes to direct evaluation under the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for this disability, allowing VA to more accurately and adequately capture the disabling effects. VA intends to retain the minimum evaluation of 10 percent in the presence of pain, photophobia, and glare sensitivity.

    H. External Eye Diseases, Including the Eyelash, Eyelid, and Eyebrow

    The external eye disease category consists of a group of conditions involving the ocular-related structures, which have direct contact with the environment, and includes the eyelids, eyelashes, and eyebrows. While the cornea has direct contact with the environment as well, VA has provided a separate category for diseases of the cornea. The external eye diseases category includes nine conditions of the eyelashes, eyelids, and eyebrows listed in the current VASRD. This category includes the following diagnostic codes in which no change is proposed to the current evaluation criteria: DC 6020, Ectropion; DC 6021, Entropion; DC 6022, Lagophthalmos; DC 6023, Loss of eyebrows, complete, unilateral or bilateral; DC 6024, Loss of eyelashes, complete, unilateral or bilateral; DC 6032, Loss of eyelids, partial or complete; and DC 6037, Pinguecula. It also includes the following diagnostic codes with specific proposed changes.

    Current DC 6034 states to evaluate pterygium on the basis of visual impairment, disfigurement (DC 7800), conjunctivitis (DC 6018), etc., depending on the particular findings. Similarly, current DC 6091 states to evaluate symblepharon on the basis of visual impairment, lagophthalmos (DC 6022), disfigurement (DC 7800), etc., depending on the particular findings.

    In both cases, VA proposes to replace the direction to evaluate on the basis of visual impairment with the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for these disabilities, allowing VA to more accurately and adequately capture the disabling effects. VA also proposes to include the phrase “and combine in accordance with § 4.25” to the rating instructions of DCs 6034 and 6091. The current language allows for multiple evaluations to be assigned and combined depending on the particular findings, but it is not entirely clear to the reader. Therefore, this addition would ensure consistency and clarity for field application.

    VA proposes no other changes to these diagnostic codes.

    I. Disease of the Lens

    The lens is a crystalline, transparent structure covered by a capsule and suspended by a ligament that weakens with age. Henry Gray, Anatomy of the Human Body, 1019-20 (20th ed. 1918). The lens capsule is lined in the anterior portion by an epithelium that generates new lens fibers at the equators. Id. In addition to malformation and malposition, the main lens pathology is cataract formation. A cataract is a lens opacity which produces visual impairment by obscuration and altered light refraction. Facts About Cataract, National Eye Institute, https://www.nei.nih.gov/health/cataract/cataract_facts.asp (last visited Apr. 29, 2014). This category includes evaluation criteria for DC 6029, Aphakia or dislocation of crystalline lens for which VA proposes no changes. It also includes the following diagnostic codes with specific proposed changes.

    Current DC 6027 states to evaluate preoperative cataracts on the basis of visual impairment. VA proposes to direct evaluation of preoperative cataracts under the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for this disability, allowing VA to more accurately and adequately capture the disabling effects.

    Current DC 6027 also provides two evaluation options for postoperative cataracts depending on the presence or absence of a replacement lens. If a replacement lens is present, current DC 6027 states to evaluate on the basis of visual impairment. VA proposes to direct the evaluation of postoperative cataracts with a replacement lens under the General Rating Formula for Diseases of the Eye for the same reasons discussed above. If there is no replacement lens present, current DC 6027 states to evaluate based on aphakia (DC 6029). VA proposes only to insert the applicable DC. No substantive change is proposed.

    J. Neuro-Ophthalmic Conditions

    This category includes a listing of the most common and pertinent neuro-ophthalmic conditions, to include diseases of the anterior visual pathways, optic nerve disorders, cranial nerve palsies resulting in visual impairment, disorders of eye movements, and pupillary disorders. The field of neuro-ophthalmology bridges the gap between neurology and ophthalmology by providing particular attention to visual impairment due to diseases of the neural structures involved in vision. Since a substantial portion of the brain is involved with vision, many brain disorders produce visual impairment. This category includes the following diagnostic codes in which no change is proposed to the current evaluation criteria: DC 6016, Nystagmus, central; DC 6019, Ptosis, unilateral or bilateral; and DC 6030, Paralysis of accommodation (due to neuropathy of the Oculomotor Nerve (cranial nerve III)). It also includes the following diagnostic code with specific proposes changes.

    1. Diagnostic Code 6026

    Current DC 6026 states to evaluate optic neuropathy on the basis of visual impairment due to this condition. VA proposes to direct evaluation under the General Rating Formula for Diseases of the Eye, which includes evaluation on the basis of visual impairment or incapacitating episodes, whichever provides a higher evaluation. This proposal expands the evaluation criteria to provide an alternative measure of disability outside the realm of visual impairment for this disability, allowing VA to more accurately and adequately capture the disabling effects.

    2. New Diagnostic Code 6046

    VA proposes to add a new DC 6046, titled “Post-chiasmal disorders.” This category includes a variety of central visual disorders with brain involvement. This category incorporates ophthalmic residuals from traumatic brain injury (TBI) or other causes of cerebral injury, such as infectious, vascular conditions, or degenerative conditions. Post-chiasmal disorders may be associated with cognitive changes caused by the structural or functional alteration of the brain tissue, which are often associated with TBI. See James Garrity MD, Overview of Optic Nerve Disorders, The Merck Manual Home Health Handbook, http://www.merckmanuals.com/home/eye_disorders/optic_nerve_disorders/overview_of_optic_nerve_disorders.html (last visited Apr. 29, 2014) (each optic nerve splits at a structure in the brain called the optic chiasm). The alteration can lead to brain dysfunction which can manifest as a variety of visual impairments. Given the increased awareness and understanding of the chronic residuals of TBI in the medical community, particularly amongst the Veteran population, VA proposes this new diagnostic code to provide adequate and proper evaluations for Veterans with post-chiasmal disorders. Due to the varying presentation of post-chiasmal disorders, VA proposes to evaluate these conditions under the General Rating Formula for Diseases of the Eye to maximize the options available for an accurate evaluation.

    IV. Technical Amendments

    VA also would update Appendix A, B, and C of part 4 to reflect the above noted proposed amendments.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action,” which requires review by the Office of Management and Budget (OMB), as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.”

    The economic, interagency, budgetary, legal, and policy implications of this proposed rule have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of this rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for “VA Regulations Published From FY 2004 Through Fiscal Year to Date.”

    Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This proposed rule would not affect any small entities. Only certain VA beneficiaries could be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector.

    Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers and titles for this rule are 64.009, Veterans Medical Care Benefits; 64.104, Pension for Non-Service-Connected Disability for Veterans; 64.109, Veterans Compensation for Service-Connected Disability; and 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert A. McDonald, Secretary of Veterans Affairs, approved this document on May 10, 2015, for publication.

    List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    Approved: June 2, 2015. William F. Russo, Acting Director, Office of Regulation Policy & Management.

    For the reasons set out in the preamble, VA proposes to amend 38 CFR part 4, subpart B as set forth below:

    PART 4—SCHEDULE FOR RATING DISABILITIES Subpart B—Disability Ratings 1. The authority citation for part 4 continues to read as follows: Authority:

    38 U.S.C. 1155, unless otherwise noted.

    2. Amend § 4.77 by revising paragraph (a) to read as follows:
    § 4.77 Visual fields.

    (a) Examination of visual fields. Examiners must use either Goldmann kinetic perimetry or automated perimetry using Humphrey Model 750, Octopus Model 101, or later versions of these perimetric devices with simulated kinetic Goldmann testing capability. For phakic (normal) individuals, as well as for pseudophakic or aphakic individuals who are well adapted to intraocular lens implant or contact lens correction, visual field examinations must be conducted using a standard target size and luminance, which is Goldmann's equivalent III/4e. For aphakic individuals not well adapted to contact lens correction or pseudophakic individuals not well adapted to intraocular lens implant, visual field examinations must be conducted using Goldmann's equivalent IV/4e. The examiner must document the results for at least 16 meridians 221/2 degrees apart for each eye and indicate the Goldmann equivalent used. See Table III for the normal extent (in degrees) of the visual fields at the 8 principal meridians (45 degrees apart). When the examiner indicates that additional testing is necessary to evaluate visual fields, the additional testing must be conducted using either a tangent screen or a 30-degree threshold visual field with the Goldmann III stimulus size. The examination report must document the results of either the tangent screen or of the 30-degree threshold visual field with the Goldmann III stimulus size.

    3. Amend § 4.78 by revising paragraph (a) to read as follows:
    § 4.78 Muscle function.

    (a) Examination of muscle function. The examiner must use a Goldmann perimeter chart or the Tangent Screen method that identifies the four major quadrants (upward, downward, left and right lateral) and the central field (20 degrees or less) (see Figure 2). The examiner must document the results of muscle function testing by identifying the quadrant(s) and range(s) of degrees in which diplopia exists.

    4. Amend § 4.79 Schedule of ratings—eye by revising the tables Diseases of the Eye and Ratings for Impairment of Muscle Function to read as follows: Diseases of the Eye Rating Unless otherwise directed, evaluate diseases of the eye under the General Rating Formula for Diseases of the Eye. General Rating Formula for Diseases of the Eye: Evaluate on the basis of either visual impairment due to the particular condition or on incapacitating episodes, whichever results in a higher evaluation. With documented incapacitating episodes requiring 10 or more medical visits for monitoring or treatment of an active eye disease or complications per year 60 With documented incapacitating episodes requiring at least 7 but no more than 9 medical visits for monitoring or treatment of an active eye disease or complications per year 40 With documented incapacitating episodes requiring at least 4 but no more than 6 medical visits for monitoring or treatment of an active eye disease or complications per year 20 With documented incapacitating episodes requiring 3 medical visits for monitoring or treatment of an active eye disease or complications per year 10 Note (1): For the purposes of evaluation under 38 CFR 4.79, an incapacitating episode is one which requires clinic visits for an active eye disease, as documented in the medical record by a physician or other health care provider, and relates to the monitoring of progress, administration of treatment(s), and to the development of complications related to the underlying active eye disability. Examples of treatment may include but are not limited to: Systemic immunosuppressants or biologic agents; intravitreal or periocular injections; laser treatments; or other surgical interventions. Note (2): For the purposes of evaluating visual impairment due to the particular condition, refer to 38 CFR 4.75-4.78 and to § 4.79, diagnostic codes 6061-6090. Diseases of the Uveal Tract 6000 Choroidopathy, including uveitis, iritis, cyclitis, and choroiditis. 6002 Scleritis. 6010 Tuberculosis of the eye: Active 100 Inactive: Evaluate under § 4.88c or § 4.89 of this part, whichever is appropriate. Diseases of the Retina, Macula, and Vitreous 6006 Retinopathy or maculopathy not otherwise specified. 6008 Detachment of retina. 6011 Retinal scars, atrophy, or irregularities: Localized scars, atrophy, or irregularities of the retina, unilateral or bilateral, that are centrally located and that result in an irregular, duplicated, enlarged, or diminished image 10 Alternatively, evaluate based on the General Rating Formula for Diseases of the Eye, if this would result in a higher evaluation. 6040 Diabetic retinopathy. 6042 Retinal dystrophy (including retinitis pigmentosa). Glaucoma 6012 Angle-closure glaucoma. Evaluate under the General Rating Formula for Diseases of the Eye. Minimum evaluation if continuous medication is required 10 6013 Open-angle glaucoma. Evaluate under the General Rating Formula for Diseases of the Eye. Minimum evaluation if continuous medication is required 10 Ocular Neoplasms and Trauma 6007 Introacular hemorrhage. 6009 Unhealed eye injury. Note: This code includes orbital trauma, as well as penetrating and non-penetrating eye injury. 6014 Malignant neoplasms of the eye, orbit, and adnexa (excluding skin): Malignant neoplasms of the eye, orbit, and adnexa (excluding skin) that require therapy that is comparable to those used for systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more extensive than to the area of the eye, or surgery more extensive than enucleation 100 Note: Continue the 100-percent rating beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating will be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination will be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, evaluate based on residuals. Malignant neoplasm of the eye, orbit, and adnexa (excluding skin) that does not require therapy comparable to that for systemic malignancies: Separately evaluate visual impairment and nonvisual impairment, e.g., disfigurement (diagnostic code 7800), and combine the evaluations. 6015 Benign neoplasms of the eye, orbit, and adnexa (excluding skin): Separately evaluate visual impairment and nonvisual impairment, e.g., disfigurement (diagnostic code 7800), and combine the evaluations. Conditions of the Lacrimal System 6025 Disorders of the lacrimal apparatus (epiphora, dacrocystitis, etc.): Bilateral 20 Unilateral 10 Corneal Diseases 6001 Keratopathy. 6017 Trachomatous conjunctivitis: Active: Evaluate under the General Rating Formula for Diseases of the Eye, minimum rating 30 Inactive: Evaluate based on residuals, such as visual impairment and disfigurement (diagnostic code 7800). 6018 Chronic conjunctivitis (nontrachomatous): Active: Evaluate under the General Rating Formula for Diseases of the Eye, minimum rating 10 Inactive: Evaluate based on residuals, such as visual impairment and disfigurement (diagnostic code 7800). 6035 Keratoconus. 6036 Status post corneal transplant: Rate under the General Rating Formula for Diseases of the Eye. Minimum, if there is pain, photophobia, and glare sensitivity 10 External Eye Diseases, Including the Eyelash, Eyelid, and Eyebrow 6020 Ectropion: Bilateral 20 Unilateral 10 6021 Entropion: Bilateral 20 Unilateral 10 6022 Lagophthalmos: Bilateral 20 Unilateral 10 6023 Loss of eyebrows, complete, unilateral or bilateral 10 6024 Loss of eyelashes, complete, unilateral or bilateral 10 6032 Loss of eyelids, partial or complete: Separately evaluate both visual impairment due to eyelid loss and nonvisual impairment, e.g., disfigurement (diagnostic code 7800), and combine the evaluations. 6034 Pterygium: Evaluate under the General Rating Formula for Diseases of the Eye, disfigurement (diagnostic code 7800), conjunctivitis (diagnostic code 6018), etc., depending on the particular findings, and combine in accordance with § 4.25. 6037 Pinguecula: Evaluate based on disfigurement (diagnostic code 7800). 6091 Symblepharon: Evaluate under the General Rating Formula for Diseases of the Eye, lagophthalmos (diagnostic code 6022), disfigurement (diagnostic code 7800), etc., depending on the particular findings, and combine in accordance with § 4.25. Disease of the Lens 6027 Cataract: Preoperative: Evaluate under the General Rating Formula for Diseases of the Eye. Postoperative: If a replacement lens is present (pseudophakia), evaluate under the General Rating Formula for Diseases of the Eye. If there is no replacement lens, evaluate based on aphakia (diagnostic code 6029). 6029 Aphakia or dislocation of crystalline lens: Evaluate based on visual impairment, and elevate the resulting level of visual impairment one step. Minimum (unilateral or bilateral) 30 Neuro-Ophthalmic Conditions 6016 Nystagmus, central 10 6019 Ptosis, unilateral or bilateral: Evaluate based on visual impairment or, in the absence of visual impairment, on disfigurement (diagnostic code 7800). 6026 Optic neuropathy: Evaluate under the General Rating Formula for Diseases of the Eye. 6030 Paralysis of accommodation (due to neuropathy of the Oculomotor Nerve (cranial nerve III)) 20 6046 Post-chiasmal disorders: Evaluate under the General Rating Formula for Diseases of the Eye. Ratings for Impairment of Muscle Function Degree of diplopia Equivalent
  • visual acuity
  • 6090 Diplopia (double vision): (a) Central 20 degrees 5/200 (b) 21 degrees to 30 degrees (1.5/60) (1) Down (2) Lateral 15/200 (3) Up (4.5/60) (c) 31 degrees to 40 degrees 20/100 (1) Down (6/30) (2) Lateral 20/70 (6/21) (3) Up Note: In accordance with 38 CFR 4.31, diplopia that is occasional or that is correctable with spectacles is evaluated at 0 percent 20/200 (6/60)
  • 20/70 (6/21)
  • 20/40 (6/12)
  • (Authority: 38 U.S.C. 1155).
    5. In Appendix A to Part 4, add §§ 4.77, 4.78, and 4.79 to read as follows: Appendix A to Part 4—Table of Amendments and Effective Dates Since 1946 Sec. Diagnostic code No. *         *         *         *         *         *         * 4.77 Revised [insert effective date of final rule]. 4.78 Revised [insert effective date of final rule]. 4.79 Introduction criterion [insert effective date of final rule]; Revised General Rating Formula for Diseases of the Eye [insert effective date of final rule]; General Rating Formula for Diseases of the Eye NOTE revised [insert effective date of final rule]; Organizational categories added [insert effective date of final rule]. 6000 Criterion [insert effective date of final rule]. 6001 Criterion [insert effective date of final rule]. 6002 Criterion [insert effective date of final rule]. 6006 Title [insert effective date of final rule]; criterion [insert effective date of final rule]. 6007 Criterion [insert effective date of final rule]. 6008 Criterion [insert effective date of final rule]. 6009 Criterion [insert effective date of final rule]. 6011 Evaluation [insert effective date of final rule]. 6012 Evaluation [insert effective date of final rule]. 6013 Evaluation [insert effective date of final rule]. 6014 Title [insert effective date of final rule]. 6015 Title [insert effective date of final rule]. 6017 Evaluation [insert effective date of final rule]. 6018 Evaluation [insert effective date of final rule]. 6019 Evaluation [insert effective date of final rule]. 6026 Evaluation [insert effective date of final rule]. 6027 Evaluation [insert effective date of final rule]. 6034 Evaluation [insert effective date of final rule]. 6035 Evaluation [insert effective date of final rule]. 6036 Evaluation [insert effective date of final rule]. 6040 Added [insert effective date of final rule]. 6042 Added [insert effective date of final rule]. 6046 Added [insert effective date of final rule]. 6091 Evaluation [insert effective date of final rule]. *         *         *         *         *         *         * 6. In Appendix B to Part 4, The Eye, Diseases of the Eye, revise diagnostic codes 6000, 6003-6005, 6006-6009, 6011-15, 6017-6018, 6026-6027, 6034-6036, and add diagnostic codes 6040, 6042, and 6046 to read as follows: Appendix A to Part 4—Numerical Index of Disabilities Diagnostic code No. *    *    *    *    * THE EYE Diseases of the Eye *    *    *    *    * 6000 Choroidopathy, including uveitis, iritis, cyclitis, and choroiditis. 6001 Keratopathy. 6002 Scleritis. 6006 Retinopathy or maculopathy not otherwise specified. 6007 Intraocular hemorrhage. 6008 Detachment of retina. 6009 Unhealed eye injury. 6010 Tuberculosis of eye. 6011 Retinal scars, atrophy, or irregularities. 6012 Angle-closure glaucoma. 6013 Open-angle glaucoma. 6014 Malignant neoplasms of the eye, orbit, and adnexa (excluding skin). 6015 Benign neoplasms of the eye, orbit, and adnexa (excluding skin). *    *    *    *    * 6025 Disorders of the lacrimal apparatus (epiphora, dacrocystitis, etc.) 6026 Optic neuropathy. 6027 Cataract. *    *    *    *    * 6034 Pterygium. 6035 Keratoconus. 6036 Status post corneal transplant. *    *    *    *    * 6040 Diabetic retinopathy. 6042 Retinal dystrophy (including retinitis pigmentosa). 6046 Post-chiasmal disorders. *    *    *    *    * 7. In Appendix C to Part 4, revise the disability entries for diagnostic codes 6006, 6014, and 6015, and add disability entries for Retinopathy, diabetic; Retinal dystrophy (including retinitis pigmentosa); and Post-chiasmal disorders to read as follows: Appendix C to Part 4—Alphabetical Index of Disabilities Diagnostic code No. *    *    *    *    * New growths: Benign *    *    *    *    * Eye, orbit, and adnexa 6015 *    *    *    *    * Eye, orbit, and adnexa 6014 *    *    *    *    * Post-chiasmal disorders 6046 *    *    *    *    * Retinal dystrophy (including retinitis pigmentosa) 6042 Retinopathy, diabetic 6040 Retinopathy or maculopathy not otherwise specified 6006 *    *    *    *    *
    [FR Doc. 2015-13788 Filed 6-8-15; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0311; FRL-9928-67-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions Inventory AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania regarding the 2011 lead base year emissions inventory. The base year emissions inventory SIP revision was submitted to meet the requirements of the Clean Air Act (CAA) for the Lyons 2008 lead National Ambient Air Quality Standards (NAAQS) nonattainment area (hereafter referred to as the “Lyons Area” or “Area”). In the Rules and Regulations section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A more detailed description of the SIP submittal and EPA's evaluation is included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is also available electronically within the Docket for this rulemaking action. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

    DATES:

    Comments must be received in writing by July 9, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-R03-OAR-2015-0311 by one of the following methods:

    A. www.regulations.gov. Follow the on-line instructions for submitting comments.

    B. Email: [email protected]

    C. Mail: EPA-R03-OAR-2015-0311, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

    D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-2015-0311. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Schmitt, (215) 814-5787, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    For further information, please see the information provided in the direct final action with the same title, “Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions Inventory,” that is located in the “Rules and Regulations” section of this Federal Register publication.

    Dated: May 20, 2015. William C. Early, Acting Regional Administrator, Region III.
    [FR Doc. 2015-13946 Filed 6-8-15; 8:45 am] BILLING CODE 6560-50-P
    80 110 Tuesday, June 9, 2015 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 3, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques and other forms of information technology.

    Comments regarding this information collection received by July 9, 2015 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725-17th Street NW., Washington, DC, 20503. Commentors are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Forest Service

    Title: Grazing Permit Administration Forms.

    OMB Control Number: 0596-0003.

    Summary of Collection: Domestic livestock grazing occurs on approximately 92 million acres of National Forest Service (NFS) lands. This grazing is subject to authorization and administrative oversight by the Forest Service (FS). The information is required for the issuance and administration of grazing permits, including fee collections, on NFS land as authorized by the Federal Land Policy and Management Act 1976, as amended, and subsequent Secretary of Agriculture Regulation 5 U.S. C. 301, 36 CFR 222, subparts A and C. The bills for collection of grazing fees are based on the number of domestic livestock grazed on national forest lands and are a direct result of issuance of the grazing permit. Information must be collected on an individual basis and is collected through the permit issuance and administration process. FS will collect information using several forms.

    Need and Use of the Information: FS will collect information on the ownership or control of livestock and base ranch property and the need for additional grazing to round out year long ranching operations. FS uses the information collected in administering the grazing use program on NFS land. If information were not collected it would be impossible for the agency to administer a grazing use program in accordance with the statutes and regulations.

    Description of Respondents: Farms; business or other for-profit; individuals or households.

    Number of Respondents: 1,361.

    Frequency of Responses: Reporting: Annually; Other (as needed basis).

    Total Burden Hours: 529.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-13994 Filed 6-8-15; 08:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection AGENCY:

    National Agricultural Statistics Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Stocks Reports. Revision to burden hours will be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

    DATES:

    Comments on this notice must be received by August 10, 2015 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by docket number 0535-0007, by any of the following methods:

    Email: [email protected] Include docket number above in the subject line of the message.

    E-fax: (855) 838-6382.

    Mail: Mail any paper, disk, or CD-ROM submissions to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024.

    Hand Delivery/Courier: Hand deliver to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024.

    FOR FURTHER INFORMATION CONTACT:

    R. Renee Picanso, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720-4333. Copies of this information collection and related instructions can be obtained without charge from David Hancock, NASS-OMB Clearance Officer, at (202) 690-2388 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Stocks Reports.

    OMB Control Number: 0535—0007.

    Expiration Date of Approval: January 31, 2016.

    Type of Request: Intent to Seek Approval to Revise and Extend an Information Collection for 3 years.

    Abstract: The primary objective of the National Agricultural Statistics Service is to prepare and issue State and national estimates of crop and livestock production, stocks, disposition, and prices

    The Stocks Report surveys provide estimates of stocks of grains, hops, oilseeds, peanuts, potatoes, and rice that are stored off-farm. These off-farm stocks are combined with on-farm stocks to estimate stocks in all positions. The grain Stocks Reports are a principle economic indicator as defined by OMB. Stocks statistics are used by the U.S. Department of Agriculture to help administer programs; by State agencies to develop, research, and promote the marketing of products; and by producers and buyers to find their best market opportunity(s). The Stocks Reports are instrumental in providing timely, accurate data to help grain market participants. Since the previous approval, NASS has made several changes that have resulted in a significant reduction in number of respondents contacted and the overall respondent burden. The potato stocks survey was changed from a monthly survey to a quarterly survey. The potato price survey has been dropped from this renewal. The sample size for the off-farm grain and oilseed operations has been decreased by approximately 500 operations (quarterly), due to mergers of some operations and improved sampling of operations by NASS.

    The current expiration date for this docket is January 31, 2016. NASS intends to request that the survey be approved for another 3 years.

    Authority: These data will be collected under the authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985 as amended, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501, et seq.), and Office of Management and Budget regulations at 5 CFR part 1320.

    NASS also complies with OMB Implementation Guidance, “Implementation Guidance for Title V of the E-Government Act, Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA),” Federal Register, Vol. 72, No. 115, June 15, 2007, p. 33362.

    Estimate of Burden: This information collection comprises 11 individual surveys that are conducted either 1, 4, 5, or 12 times a year for an estimated total of 23,000 responses. Average reporting burden for this collection of information ranges from 10 to 25 minutes per response.

    Respondents: Farms and businesses.

    Estimated Number of Respondents: 6,700.

    Estimated Total Annual Burden on Respondents: 6,500 hours.

    Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, through the use of appropriate automated, electronic, mechanical, technological, or other forms of information technology collection methods.

    All responses to this notice will become a matter of public record and be summarized in the request for OMB approval.

    Signed at Washington, DC, May 26, 2015. R. Renee Picanso, Associate Administrator.
    [FR Doc. 2015-14047 Filed 6-8-15; 8:45 am] BILLING CODE 3410-20-P
    DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS-2015-0007] Notice of Availability of Proposed Changes to Section I of the Louisiana Field Office Technical Guide for Public Review and Comment AGENCY:

    Natural Resources Conservation Service (NRCS).

    ACTION:

    Notice.

    SUMMARY:

    NRCS is proposing to revise Section I of the Louisiana Field Office Technical Guide to include “Guidance for Louisiana Food Security Act Wetland Determinations including Offsite Methods” which will replace the existing “Louisiana Conventions and Procedures for Performing Wetland Delineations” (commonly referred as State Wetland Mapping Conventions).

    DATES:

    Effective Date: This notice is effective June 9, 2015. Guidance for Louisiana Food Security Act Wetland Determinations including Offsite Methods is in final draft, subject to revision and will be utilized immediately in order to better service requests for wetland determinations for compliance with the Food Security Act of 1985 (as amended) in a timely manner.

    Comment Date: Submit comments on or before July 9, 2015.

    ADDRESSES:

    Comments should be submitted, identified by Docket Number NRCS-2015-0007, using any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail or hand-delivery: Submit state specific comments to the Louisiana NRCS State Office, located at 3737 Government Street, Alexandria, LA 71302.

    • NRCS will post all comments on http://www.regulations.gov. In general, personal information provided with comments will be posted. If your comment includes your address, phone number, email, or other personal identifying information, your comments, including personal information, may be available to the public. You may ask in your comment that your personal identifying information be withheld from public view, but this cannot be guaranteed.

    FOR FURTHER INFORMATION CONTACT:

    Kevin D.Norton, State Conservationist. Phone: 318-473-7751

    SUPPLEMENTARY INFORMATION:

    Guidance for Louisiana Food Security Act Wetland Determinations including Offsite Methods will be used as part of the technical documents and procedures to conduct wetland determinations on agricultural land as required by 16 U.S.C. 3822. NRCS is required by 16 U.S.C. 3862 to make available for public review and comment all proposed revisions to standards and procedures used to carry out highly erodible land and wetland provisions of the law.

    All comments will be considered. If no comments are received, Guidance for Louisiana Food Security Act Wetland Determinations including Offsite Methods will be considered final.

    Electronic copies of the proposed Guidance for Louisiana Food Security Act Wetland Determinations including Offsite Methods are available through http://www.regulations.gov by accessing Docket No. NRCS-2015-0007. Alternatively, copies can be downloaded or printed from the Louisiana NRCS Web site located at http://www.nrcs.usda.gov/wps/portal/nrcs/site/la/home/. Requests for paper versions or inquiries may be directed to the Louisiana State Conservationist at the contact point shown above.

    Signed this 5th day of May, 2015, in Alexandria, LA. Kevin D. Norton, State Conservationist.
    [FR Doc. 2015-14063 Filed 6-8-15; 8:45 am] BILLING CODE 3410-16-P
    DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Intent to Accept Applications To Be an Intermediary Under the Certified Loan Application Packaging Process Within the Section 502 Direct Single Family Housing Program AGENCY:

    Rural Housing Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Rural Housing Service (RHS or Agency) published a final rule on April 29, 2015, in the Federal Register that amended its regulations for the section 502 direct single family housing loan program to create a certified loan application packaging process. The section 502 direct single family housing loan program is authorized in Title V of the Housing Act of 1949.

    Under the certified loan application packaging process, a certified loan application packager and its qualified employer will submit applications to the Agency via an intermediary (unless the applicable Rural Development State Director approves the certified packager to opt not to go through an intermediary). The intermediary will perform quality assurance reviews on the packaged loan applications as well as provide supplemental training, technical assistance, and support to certified packagers and qualified employers to promote quality standards and accountability.

    Through this notice, the Agency will accept applications to be an intermediary under the certified loan application packaging process outlined in 7 CFR 3550.75 and other applicable regulations. Approval will be subject to fully meeting the conditions outlined within this notice and regulations, a recommendation by a review panel consisting of Agency staff at the state and national levels, and approval by the RHS Administrator.

    Intermediaries operating under the loan application packaging pilot program, which expires on September 30, 2015, are not guaranteed an intermediary role beyond their participation in the pilot program and must apply under this application process should they wish to serve as an intermediary under the regulation.

    DATES:

    Eligible parties interested in serving as an intermediary under the regulatory certified loan application packaging process must submit the requested items to the RHS Single Family Housing Direct Loan Division by July 9, 2015.

    ADDRESSES:

    Submissions may be sent electronically to [email protected] or by mail to Brooke Baumann, Branch Chief, Single Family Housing Direct Loan Division, USDA Rural Development, 1400 Independence Avenue SW., Room 2211, Washington, DC 20250-0783.

    FOR FURTHER INFORMATION CONTACT:

    Brooke Baumann, Branch Chief, Single Family Housing Direct Loan Division, USDA Rural Development, Stop 0783, 1400 Independence Avenue SW., Washington, DC 20250-0783, Telephone: 202-690-4250. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    To apply to be an Agency-approved intermediary under the certified loan application packaging process, an interested party must furnish sufficient documentation to demonstrate to the Agency's satisfaction that they meet each of the conditions specified below.

    (1)(a) Be a Section 501(c)(3) nonprofit organization as evidenced by the organization's Internal Revenue Service (IRS) nonprofit determination letter for 501 (c) (3) status.

    (1)(b) Be in good standing in the State(s) of its operation as evidenced by a Certificate of Good Standing or equivalent documentation from the applicable Secretary of State(s) or recent State filings.

    (1)(c) Have the capacity to serve multiple qualified employers and their Agency-certified loan application packagers throughout an entire State or entire States and have the capacity to perform quality assurance reviews on a large volume of packaged loan applications within three to five business days of receipt.

    (1)(d) Identify what State or States the interested party proposes to serve and provide details on their capacity to serve the identified State(s). Applicants with the capacity to serve multiple States will be given extra scoring points from the review panel.

    (2) Be engaged in affordable housing in accordance with their regulations, articles of incorporation, or bylaws.

    (3) Be financially viable and demonstrate positive operating performance as evidenced by an independent audit paid for by the applicant seeking to be an intermediary.

    (4) Have at least five years of verifiable experience with the Agency's direct single family housing programs (specifically the section 502 direct single family housing loan program, the section 504 single family housing repair programs, and/or the section 523 mutual self-help housing technical assistance program). Verifiable experiences would include, but are not exclusive to, routinely leveraging resources for individual transactions (e.g. providing affordable housing products to Agency borrowers), packaging loan applications, serving as an intermediary under the loan application packaging pilot program, and/or being a self-help grantee or technical and management assistance contractor. To the greatest extent possible, the submission should detail collaborations and dollars leveraged.

    (5) Demonstrate that its quality assurance staff has experience with packaging, originating, or underwriting affordable housing loans. Provide a resume for each quality assurance staff member. The breadth and depth of their combined skills and qualifications will be considered during the Agency's application review process.

    (6) Provide a quality control plan that is customized to the applicant's organization. The quality control plan must show there are controls in place to process application packages that will likely result in an eligibility determination by the Agency. At a minimum, but not limited to, the plan should include: procedures for obtaining and evaluating loan application documents (e.g. credit checks and income verification); measures the applicant will take to prevent the submission of incomplete or ineligible application packages to the Agency; the standard operating procedures for employees who will be involved with or affected by the quality control process; and, procedures for ensuring accurate information is submitted to the Agency.

    (7) Ensure that their quality assurance staff completes an Agency-approved loan application packaging course and successfully pass any corresponding test within a reasonable amount of time if selected. Until other methods can be considered and vetted, the sole delivery method for the loan application packaging course will be the three-day classroom training co-presented by a designated Agency staff member and sponsored by the NeighborWorks Training Institute, the Housing Assistance Council, or the Rural Community Assistance Corporation. Given the limited availability of this classroom training, the quality assurance staff will have no more than one year from the date of the intermediary's selection to complete this requirement. Intermediaries selected in this application process must submit documentation of the successful completion of the Agency-approved loan application packaging course within 30 days of course completion.

    (8) Provide a letter jointly signed by the organization's Executive Director and Board President affirming the organization will not be the developer, builder, seller of, or have any other such financial interest in the properties for which the application packages are submitted by the organization as an intermediary pursuant to this notice.

    (9) Provide a training and support plan that focuses on the measures the applicant will take to provide supplemental training, technical assistance, and support to certified loan application packagers and qualified employers to promote quality standards and accountability. (Note that the Agency may require implementation of Agency-developed and/or approved training and support plan once accepted as an intermediary pursuant to this notice.)

    A State Housing Finance Agency interested in being an Agency-approved intermediary must apply under this notice. A State Housing Finance Agency, however, does not need to demonstrate meeting items 1 through 5 above, given the States' HFAs purpose, vision, and structure.

    If selected as an intermediary under the certified loan application packaging process, a Memorandum of Understanding (MOU) between the intermediary and the Agency must be signed. The MOU will detail the roles and responsibilities of all parties; will require the intermediary's quality assurance staff to obtain Level 2 eAuthentication identifications and submit loan application packages to the Agency via its eForms Web site (once this process is fully tested); and will require the intermediary to periodically demonstrate that it still meets the requirements under the regulation. This notice should not be construed as containing all those roles and responsibilities.

    Decisions by the Agency on intermediary applications are not appealable to the National Appeals Division.

    Non-Discrimination Statement

    USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs. Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at: http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA Office, or call (866) 632-9992 to request the form. Send your completed complaint form or letter by mail to: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250; by fax at (202) 690-7442; or, by email at: [email protected] Individuals who are deaf, hard of hearing or have speech disabilities and who wish to file a program complaint should please contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer. The full “Non-Discrimination Statement” is found at: http://www.usda.gov.wps/portal/usda/usdahome?navtype=Non_Discrimination.

    Dated: May 28, 2015. David Lipsetz, Acting Administrator, Rural Housing Service.
    [FR Doc. 2015-13996 Filed 6-8-15; 8:45 am] BILLING CODE 3410-XV-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-520-804] Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce

    SUMMARY:

    On February 6, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain steel nails from the United Arab Emirates (UAE). The period of review (POR) is May 1, 2013, through April 30, 2014. The review covers two producers/exporters of the subject merchandise, Dubai Wire FZE (Dubai Wire) and Precision Fasteners, L.L.C. (Precision). For these final results, we continue to find that subject merchandise has been sold in the United States at less than normal value.

    DATES:

    Effective Date: June 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dmitry Vladimirov or Michael Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665 or (202) 482-0198, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On February 6, 2015, the Department published the preliminary results of the administrative review of the antidumping duty order on certain steel nails from the UAE.1 We invited interested parties to comment on the Preliminary Results. We received a case brief from Mid Continent Steel & Wire, Inc. (the petitioner) on March 9, 2015, and a rebuttal brief from Dubai Wire's affiliated importer, Itochu Building Products Inc., and affiliated distributor, PrimeSource Building Products Inc., (together, IBP) on March 16, 2015, both concerning Dubai Wire. We received no case or rebuttal briefs concerning Precision.

    1See Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 6693 (February 6, 2015) (Preliminary Results).

    The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213.

    Scope of the Order

    The merchandise subject to the Order2 is certain steel nails from the UAE. The products are currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, and 7317.00.75. The HTSUS numbers are provided for convenience and customs purposes. The written description of the scope of the order is dispositive.3

    2See Certain Steel Nails from the United Arab Emirates: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order).

    3 For a full description of the scope of the order, see the memorandum from Deputy Assistant Secretary Christian Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled “Certain Steel Nails from the United Arab Emirates: Issues and Decision Memorandum for Final Results of Antidumping Duty Administrative Review; 2013-2014” dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum).

    Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues which parties have raised and to which we have responded is in the Issues and Decision Memorandum and attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. The Issues and Decision Memorandum is also available to all parties in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Changes Since the Preliminary Results

    We made no changes to the Preliminary Results.

    Final Results of the Review

    As a result of our review, we determine that the following weighted-average dumping margins exist for the period May 1, 2013, through April 30, 2014:

    Company Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Dubai Wire FZE 18.13 Precision Fasteners, L.L.C. 184.41
    Assessment Rates

    The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. We have continued to rely on facts available to establish Dubai Wire's weighted-average dumping margin and we have continued to rely on facts available with an adverse inference to establish Precision's weighted-average dumping margin in these final results. Therefore, we will instruct CBP to apply ad valorem assessment rates of 18.13 percent, and 184.41 percent to all entries of subject merchandise during the POR which were produced and/or exported by Dubai Wire and Precision, respectively.

    We intend to issue instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of certain steel nails from the UAE entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for Dubai Wire and Precision will be the rates established in the final results of this administrative review; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.30 percent.4 These cash deposit requirements, when imposed, shall remain in effect until further notice.

    4 The all-others rate established in the Order.

    Notification to Importers

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

    We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 2, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. Scope of the Order IV. Discussion of the Issue Comment 1: Application of Facts Available to Dubai Wire V. Recommendation
    [FR Doc. 2015-14078 Filed 6-8-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-968] Aluminum Extrusions From the People's Republic of China: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Countervailing Duty Administrative Review; 2013 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    In response to multiple requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order 1 on aluminum extrusions from the People's Republic of China (PRC). The period of review (POR) is January 1, 2013 through December 31, 2013. We preliminarily determine that the Guang Ya Group 2 and the Jangho Companies 3 (mandatory respondents) received countervailable subsidies during the POR. Interested parties are invited to comment on these preliminary results of review.

    1See Aluminum Extrusions from the People's Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (Order).

    2 For purposes of this administrative review, the Guang Ya Group includes Guang Ya Aluminium Industries Co. Ltd.; Foshan Guangcheng Aluminium Co., Ltd.; and Yonghi Guanghai Aluminium Industry Co., Ltd. Also, these companies submitted responses on the record of this review clarifying the usage of “Aluminium” in its name, rather than “Aluminum,” the form on which we both received a request for review and/or on which we initiated this review.

    3 For purposes of this administrative review, the Jangho companies includes Guangzhou Jangho Curtain Wall System Engineering Co., Ltd., (Guangzhou Jangho); Jangho Group Co., Ltd. (Jangho Group Co.); Beijing Jiangheyuan Holding Co., Ltd (Beijing Jiangheyuan); Beijing Jangho Curtain Wall System Engineering Co., Ltd. (Beijing Jangho); and Shanghai Jangho Curtain Wall System Engineering Co., Ltd., (Shanghai Jangho).

    DATES:

    Effective Date: June 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Davina Friedmann, Tyler Weinhold or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0698, (202) 482-1121 or (202) 482-0649, respectively.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The merchandise covered by the Order is aluminum extrusions which are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by The Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents).4

    4See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, “Decision Memorandum for Preliminary Results of Countervailing Duty Administrative Review: Aluminum Extrusions from the People's Republic of China,” dated concurrently with this notice (Preliminary Decision Memorandum) for a complete description of the scope of the Order.

    Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50, 8708.80.65.90, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.30, 9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and 9603.90.80.50

    The subject merchandise entered as parts of other aluminum products may be classifiable under the following additional Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99 as well as under other HTSUS chapters. In addition, fin evaporator coils may be classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive.

    The Department is conducting two scope inquiries concerning aluminum extrusions made from 5 series aluminum alloy. Petitioner (Aluminum Extrusions Fair Trade Committee) advocates that the Department impose a certification requirement related to these products, which the Department is considering in the context of these scope proceedings. Parties that wish to file comments on this potential certification requirement must do so on the record of these scope proceedings.5 The final scope rulings, including our decision with respect to the certification issue, are currently due July 7, 2015.

    5See Letter from Trending Imports LLC to the Department, “Aluminum Extrusions from the People's Republic of China: Trending Imports LLC Request for Scope Ruling Concerning 5050 Alloy Extrusions,” dated December 12, 2013, and Letter from Kota International, LTD to the Department, “Antidumping Duty and Countervailing Duty Orders on Aluminum Extrusions from the People's Republic of China: Scope Ruling Request,” dated October 21, 2013.

    The Department is conducting two scope inquiries concerning aluminum extrusions made from 5 series aluminum alloy. Petitioner (Aluminum Extrusions Fair Trade Committee) advocates that the Department impose a certification requirement related to these products, which the Department is considering in the context of these scope proceedings. Parties that wish to file comments on this potential certification requirement must do so on the record of these scope proceedings.6 The final scope rulings, including our decision with respect to the certification issue, are currently due July 7, 2015.

    6See letter from Trending entitled, “Aluminum Extrusions from the People's Republic of China: Trending Imports LLC Request for Scope Ruling Concerning 5050 Alloy Extrusions,” dated December 12, 2013, and letter from Kota entitled, “Antidumping Duty and Countervailing Duty Orders on Aluminum Extrusions from the People's Republic of China: Scope Ruling Request,” dated October 21, 2013.

    Methodology

    The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.7 For a full description of the methodology underlying all of the Department's conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.

    7See Sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

    A list of topics discussed in the Preliminary Decision Memorandum is provided as an Appendix to the notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://www/trade.gov/frn/index.html. The signed Preliminary Decision Memorandum is identical in content.

    We were not able to make a preliminary determination concerning the countervailability of certain programs because we require additional information and/or need more time to consider information that was received close to the date of these preliminary results.8 We intend to address these programs in a post-preliminary analysis memorandum.

    8See the Preliminary Decision Memorandum at section “Programs For Which We Do Not Yet Have Sufficient Information.

    Partial Rescission of Review

    For those companies named in the Initiation Notice9 for which all review requests have been timely withdrawn, we are rescinding this administrative review in accordance with 19 CFR 351.213(d)(1). These companies are listed at Appendix II to this notice. For these companies, countervailing duties shall be assessed at rates equal to the rates of the cash deposits for estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2013 through December 31, 2013, in accordance with 19 CFR 351.212(c)(2).

    9See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 36462 (June 27, 2014) (Initiation Notice).

    Intent To Rescind Administrative Review, In Part

    Between August 1, 2014 and September 5, 2014, the Department received timely no-shipment certifications from certain companies.10 Because there is no evidence on the record to indicate that these companies had entries of subject merchandise during the POR, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the review with respect to these companies. A final decision regarding whether to rescind the review of these companies will be made in the final results of this review.

    10See the accompanying Preliminary Decision Memorandum for a list of such companies under the section entitled, “Intent to Partially Rescind Review and Partial Rescission of Review.”

    Preliminary Rate for Non-Selected Companies Under Review

    There are 37 companies for which a review was requested and not rescinded, but were not selected as mandatory respondents. For these companies, we preliminarily did not calculate the non-selected rate using a methodology of weight-averaging rates of the Guang Ya Group and Jangho Group because doing so risks disclosure of proprietary information. Instead, we calculated an average rate using the mandatory respondents' publicly-ranged sales data for 2013. For further information on the calculation of the non-selected rate, refer to the section in the Preliminary Decision Memorandum entitled, “Preliminary Ad Valorem Rate for Non-Selected Companies Under Review.”

    For those companies that failed to respond to the Department's quantity and value questionnaire, we have relied on facts available, determined that those companies are non-cooperative and, on that basis, we found that application of adverse facts available is warranted in determining the subsidy rate for those companies. For further discussion of this determination, refer to the section in the Preliminary Decision Memorandum entitled, “Use of Facts Otherwise Available and Adverse Inferences.”

    Preliminary Results of Administrative Review

    As a result of this administrative review, we preliminarily determine the following net subsidy rates for 2013:

    Company 2013 Ad
  • valorem rate
  • (percent)
  • Guang Ya Group 11 4.83 Jangho Companies 12 1.61 Dynamic Technologies China Ltd 158.96 Foreign Trade Co. of Suzhou New & High Tech Industrial Development Zone 158.96 Foshan Shunde Aoneng Electrical Appliances Co., Ltd 158.96 Golden Dragon Precise Copper Tube Group 158.96 WTI Building Products, Ltd 158.96 Zhaoqing Asia Aluminum Factory Company Ltd 158.96 Allied Maker Limited 1.81 Alnan Aluminum Co. Ltd 1.81 Barcalente Metal Producers (Suzhou) Co. Ltd 1.81 Changzhou Changzheng Evaporator Co., Ltd 1.81 Classic & Contemporary Inc. 1.81 Danfoss Micro Channel Heat Exchanger (Jia Xing) Co. Ltd 1.81 Dongguan Golden Tiger Hardware Industrial Co., Ltd 1.81 Ever Extend Ent. Ltd 1.81 Fenghua Metal Product Factory 1.81 Guandong JMA Aluminum Profile (Group) Co., Ltd 13 1.81 Guangdong Whirlpool Electrical Appliances Co. Ltd 1.81 Guangdong Zhongya Aluminum Company Limited 1.81 Hanyung Alcobis Co., Ltd 1.81 Hangyung Metal (Suzhou) Co., Ltd 1.81 Henan New Kelong Electrical Appliances, Co., Ltd 1.81 IDEX Dinglee Technology (Tianjin) Co., Ltd 1.81 IDEX Technology Suzhou Co., Ltd 1.81 Jiangsu Susun Group (HK) Co., Ltd 1.81 Justhere Co., Ltd 1.81 Kromet International Inc. 1.81 Metaltek Group Co. Ltd 1.81 North Fenghua Aluminum Limited 1.81 Nidec Sankyo Singapore Pte. Ltd 1.81 Nanhai Textiles Import & Export Co., Ltd 1.81 Permasteelisa Hong Kong Ltd 1.81 Permasteelisa South China Factory 1.81 Sapa Profiles (Shanghai) Co., Ltd 1.81 Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd 1.81 Shenyang Yuanda Aluminum Industry Engineering Co., Ltd 1.81 Taishan City Kam Kiu Aluminum Extrusion Co., Ltd 1.81 Taizhou United Imp & Exp Co Ltd 1.81 Union Industry (Asia) Co., Limited 1.81 Whirlpool Microwave Products Development Ltd 1.81 Zhejiang Dongfeng Refrigeration Components Co. Ltd 1.81 Zhongya Shaped Aluminum (HK) Holding Limited 1.81 Zhongshan Daya Hardware Co., Ltd 1.81 Zhaoqing New Zhongya Aluminum Co., Ltd 1.81
    Disclosure and Public Comment

    The Department intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.14 As a result of the Department's intention to release a post-preliminary analysis memorandum, interested parties may submit case briefs on both the preliminary results and on the post-preliminary analysis memorandum no later than seven days after the disclosure of the calculations performed in connection with the post-preliminary analysis memorandum.15 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.16 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.17 Case and rebuttal briefs should be filed electronically using ACCESS.18

    11See Footnote 2.

    12See Footnote 3.

    13 Petitioner requested a review of Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd. See Letter from the Aluminum Extrusions Fair Trade Committee regarding, “Aluminum Extrusions from the People's Republic of China: Request for Administrative Review,” dated June 2, 2014 (Petitioner's Request for Review). See also, Letter from Guangdong JMA Aluminium Profile Factory (Group) Co., Ltd regarding “Aluminum Extrusions from China; Administrative Review Request,” dated May 23, 2014. However, in the Department's Initiation Notice, this company's name was spelled Guandone JMA Aluminum Profile Factory (Group) Co., Ltd. Accordingly, this notice serves as a correction to the spelling of this company's name.

    14See 19 CFR 351.224(b).

    15See 19 CFR 351.309(c)(2).

    16See 19 CFR 351.309(d).

    17See 19 CFR 351.309(c)(2) and (d)(2).

    18See 19 CFR 351.303.

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.19 Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the date and time of the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    19See 19 CFR 351.310(c).

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in all written case briefs, within 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

    Assessment Rates

    Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue assessment instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above for each company listed on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, we will instruct CBP to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Interested Parties

    We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: June 1, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Subsidies Valuation Information Loan Benchmark Rates Use of Facts Otherwise Available and Adverse Inferences Analysis of Programs Programs for Which Additional Information Is Needed Programs Preliminarily Determined Not To Confer Measurable Benefit or Not Used Preliminary Ad Valorem Rate for Non-Selected Companies Under Review Preliminary Ad Valorem Rate for Non-Cooperatived Companies Under Review Appendix II—List of Companies on Which We Are Rescinding This Administrative Review 20

    20 One company on which the review was initiated, tenKsolar Inc., provided a certified submission of its role as a U.S. importer located within the United States. See Letter from tenKSolar (Shanghai) Co., Ltd. regarding, “Aluminum Extrusions from the People's Republic of China—Quantity and Value Questionnaire Response,” dated September 4, 2014. Because tenKsolar is a U.S. importer, we are rescinding the review of this entity.

    1. Acro Import and Export Co. 2. Activa International Inc. 3. Aluminicaste Fundicion de Mexico 4. Changshu Changshen Aluminum Products Co., Ltd. 5. Changzhou Tenglong Auto Parts Co., Ltd. 6. China Zhongwang Holdings, Ltd. 7. Chiping One Stop Industrial & Trade Co., Ltd. 8. Clear Sky Inc. 9. Cosco (J.M.) Aluminum Co., Ltd. 10. Dongguan Aoda Aluminum Co., Ltd.21

    21 Petitioner requested a review of Dongguang Aoda Aluminum Co., Ltd. See Letter from the Aluminum Extrusions Fair Trade Committee regarding, “Aluminum Extrusions from the People's Republic of China: Request for Administrative Review,” dated June 2, 2014. However, in the Department's initiation notice, this company's name was spelled Dongguan Aoda Aluminum Co., Ltd. Accordingly, this notice serves as a correction to the spelling of this company's name.

    11. Dragonluxe Limited 12. Dynabright International Group (HK) Limited 13. First Union Property Limited 14. Foshan City Nanhai Hongjia Aluminum alloy Co., Ltd. 15. Foshan Jinlan Aluminum Co. Ltd. 16. Foshan JMA Aluminum Company Limited 17. Foshan Shanshui Fenglu Aluminum Co., Ltd. 18. Foshan Yong Li Jian Alu. Ltd. 19. Fujian Sanchuan Aluminum Co., Ltd. 20. Global PMX Dongguan Co., Ltd. 21. Global Point Technology (Far East) Limited 22. Gold Mountain International Development, Ltd. 23. Gran Cabrio Capital Pte. Ltd. 24. Gree Electric Appliances 25. GT88 Capital Pte. Ltd. 26. Guangdong Hao Mei Aluminum Co., Ltd. 27. Guangdong Jianmei Aluminum Profile Company Limited 28. Guangdong Nanhai Foodstuffs Imp. & Exp. Co., Ltd. 29. Guangdong Weiye Aluminum Factory Co., Ltd. 30. Guangdong Xingfa Aluminum Co., Ltd. 31. Guangdong Xin Wei Aluminum Products Co., Ltd. 32. Guangdong Yonglijian Aluminum Co., Ltd 33. Hangzhou Xingyi Metal Products Co., Ltd. 34. Hanwood Enterprises Limited 35. Hao Mei Aluminum Co., Ltd. 36. Hao Mei Aluminum International Co., Ltd. 37. Hong Kong Gree Electric Appliances Sales Limited 38. Honsense Development Company 39. Hui Mei Gao Aluminum Foshan Co., Ltd. 40. Idex Health 41. Innovative Aluminum (Hong Kong) Limited 44. iSource Asia 45. Jiangmen Qunxing Hardware Diecasting Co., Ltd. 46. Jiangsu Changfa Refrigeration Co., Ltd. 47. Jiangyin Trust International Inc 48. Jiangyin Xinhong Doors and Windows Co., Ltd. 49. Jiaxing Jackson Travel Products Co., Ltd. 50. Jiaxing Taixin Metal Products Co., Ltd. 51. Jiuyan Co., Ltd. 52. JMA (HK) Company Limited 53. Kam Kiu Aluminum Products Sdn Bhd 54. Kanal Precision Aluminum Product Co., Ltd. 55. Karlton Aluminum Company Ltd. 56. Kunshan Giant Light Metal Technology Co., Ltd. 57. Liaoning Zhongwang Group Co., Ltd. 58. Liaoyang Zhongwang Aluminum Profiled Co. Ltd. 59. Longkou Donghai Trade Co., Ltd. 60. Massoud & Bros. Co., Ltd. 61. Metaltek Metal Industry Co., Ltd. 62. Midea Air Conditioning Equipment Co., Ltd. 63. Midea International Trading Co., Ltd./Midea International Trading Co., Ltd. 64. Miland Luck Limited 65. New Asia Aluminum & Stainless Steel Product Co., Ltd. 66. Nidec Sankyo (Zhejiang) Corporation 67. Ningbo Coaster International Co., Ltd. 68. Ningbo Hi Tech Reliable Manufacturing Company 69. Ningbo Lakeside Machiery Factory 22

    22 Homax Group Inc. (Homax) requested a review of Ningbo Lakeside Machinery Factory. See Letter from the Homax regarding, “Aluminum Extrusions from the People's Republic of China: Request for Third Administrative Review of Countervailing Duty Order,” dated May 30, 2014. However, in the Department's initiation notice, this company's name was spelled Ningbo Lakeside Machiery Factory. Accordingly, this notice serves as a correction to the spelling of this company's name.

    70. Ningbo Minmetals & Machinery Imp. & Exp. Corp. 71. Ningbo Yili Import and Export Co., Ltd. 72. North China Aluminum Co., Ltd. 73. Northern States Metals 74. PanAsia Aluminum (China) Limited 75. Pengcheng Aluminum Enterprise Inc. 76. Pingguo Aluminum Company Limited 77. Pingguo Asia Aluminum Co., Ltd. 78. Popular Plastics Company Limited 79. Press Metal International Ltd 80. Samuel, Son & Co., Ltd. 81. Sanchuan Aluminum Co., Ltd. 82. Shangdong Huasheng Pesticide Machinery Co. 83. Shangdong Nanshan Aluminum Co., Ltd. 84. Shanghai Automobile Air Conditioner Accessories Ltd. 85. Shanghai Canghai Aluminum Tube Packaging Co., Ltd 86. Shanghai Dongsheng Metal 87. Shanghai Shen Hang Imp & Exp Co., Ltd. 88. Shenzhen Hudson Technology Development Co., Ltd. 89. Shenzhen Jiuyuan Co., Ltd. 90. Sihui Shi Guo Yao Aluminum Co., Ltd. 91. Sincere Profit Limited 92. Skyline Exhibit Systems (Shanghai) Co., Ltd. 93. Suzhou JRP Import & Export Co., Ltd. 94. Suzhou New Hongji Precesion Part Co 95. Tai-Ao Aluminum (Taishan) Co. Ltd. 96. Taizhou Lifeng Manufacturing Corporation 97. tenKsolar (Shanghai) Co., Ltd. 98. tenKsolar, Inc. 98. Taogoasei America Inc./Toagoasei America Inc. 99. Tianjin Ganglv Nonferrous Metal Materials Co., Ltd. 100.Tianjin Jinmao Import & Export Corp., Ltd. 101. Tianjin Ruxin Electric Heat Transmission Technology Co., Ltd. 102. Tianjin Xiandai Plastic & Aluminum Products Co., Ltd. 103. Tiazhou Lifeng Manufacturing Corporation/Taizhou Lifeng Manufacturing Corporation, Ltd. 104. Top-Wok Metal Co., Ltd. 105. Traffic Brick Network, LLC 106. USA Worldwide Door Components (Pinghu) Co., Ltd. 107. Wenzhou Shengbo Decoration & Hardware 108. Whirlpool (Guangdong) 109. Xin Wei Aluminum Company Limited 110. Xinya Aluminum & Stainless Steel Product Co., Ltd. 111. Zhejiang Anji Xinxiang Aluminum Co., Ltd. 112. Zhejiang Yongkang Listar Aluminum Industry Co., Ltd. 113. Zhejiang Zhengte Group Co., Ltd. 114. Zhenjiang Xinlong Group Co., Ltd. 115. Zhongshan Gold Mountain Aluminum Factory Ltd. 116. Zhuhai Runxingtai Electrical Equipment Co., Ltd.
    [FR Doc. 2015-14076 Filed 6-8-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-913] Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Rescission of the Countervailing Duty Administrative Review; 2013 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty (CVD) order on certain new pneumatic off-the-road (OTR) tires from the People's Republic of China (PRC) covering the period of review (POR) January 1, 2013, through December 31, 2013.

    DATES:

    Effective Date: June 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Nicholas Czajkowski, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20120; telephone (202) 482-1395.

    SUPPLEMENTARY INFORMATION:

    Background

    On September 2, 2014, the Department published a notice of opportunity to request an administrative review of the CVD order of OTR Tires from the PRC.1 On September 30, 2014, Guizhou Tyre Co., Ltd. (GTC) and its affiliate, Guizhou Tyre Import and Export Co., Ltd. (GTCIE), requested a review covering their exports of subject merchandise during the POR.2 Pursuant to this request, on October 30, 2014, the Department initiated a review for GTC and GTCIE.3 On December 17, 2014, GTC and GTCIE timely withdrew their review request.4

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 51958 (September 2, 2014).

    2See Letter to the Department, “Request for Administrative Review: Countervailing Duty Order on Certain New Pneumatic Off-The-Road Tires from the People's Republic of China (Case No: C-570-913) (POR: January 1, 2013-December 31, 2013),” dated September 30, 2014.

    3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 64565 (October 30, 2014).

    4See Letter to the Department, “GTC Withdrawal of Request for Administrative Review: Sixth Administrative Review of Countervailing Duty Order on Certain New Pneumatic Off-The-Road Tires from the People's Republic of China (Case No: C-570-913) (POR: January 1, 2013-December 31, 2013),” dated December 17, 2014.

    Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws its request within 90 days of the day of publication of the notice of initiation of the requested review. The aforementioned request for review was timely withdrawn and because no other party requested a review of GTC and GTCIE, or any other producer/exporter of subject merchandise, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety.

    Assessment Rates

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess CVD duties on all entries of OTR Tires from the PRC made during the POR at rates equal to the cash deposit of estimated CVD duties required at the time of entry, or withdrawal from the warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register.

    Notifications

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of CVD duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the CVD duties occurred and the subsequent assessment of double CVD duties.

    This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: May 29, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2015-13830 Filed 6-8-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-878] Saccharin From the People's Republic of China: Revocation of the Antidumping Duty Order AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    As a result of the determination by the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on saccharin from the People's Republic of China (PRC) is not likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, the Department of Commerce (the Department) is revoking the AD order on saccharin from the PRC.

    DATES:

    Effective Date: June 8, 2014.

    FOR FURTHER INFORMATION CONTACT:

    Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4243.

    SUPPLEMENTARY INFORMATION: Background

    On July 9, 2003, the Department published the AD order on saccharin from the PRC 1 and, on June 8, 2009, at the conclusion of the first sunset review, the Department published a notice of continuation of the AD order on saccharin from the PRC.2 On May 1, 2014, the Department initiated a second sunset review of the AD order on saccharin from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, the Department determined that revocation of the AD order on saccharin from the PRC would likely lead to a continuation or recurrence of dumping and notified the ITC of the magnitude of the margins of dumping likely to prevail were the order revoked.3

    1See Notice of Antidumping Duty Order: Saccharin from the People's Republic of China, 68 FR 40906 (July 9, 2003).

    2See Continuation of Antidumping Duty Order on Saccharin from the People's Republic of China, 74 FR 27089 (June 8, 2009) (“Continuation”).

    3See Saccharin from the People's Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order, 79 FR 51139 (August 27, 2014).

    On May 28, 2015, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD order on saccharin from the PRC would not be likely to lead to the continuation or recurrence of material injury within a reasonably foreseeable time.4

    4See Investigation No. 731-TA-1013 (Second Review), Saccharin from China, 80 FR 30487 (May 28, 2015); see also, Saccharin from China (Inv. No. 731-TA-1013 (Second Review), USITC Publication 4534, May 2015).

    Scope of the Order

    The product covered by this AD order is saccharin. Saccharin is defined as a non-nutritive sweetener used in beverages and foods, personal care products such as toothpaste, table top sweeteners, and animal feeds. It is also used in metalworking fluids. There are four primary chemical compositions of saccharin: (1) Sodium saccharin (American Chemical Society Chemical Abstract Service (“CAS”) Registry 128-44-9); (2) calcium saccharin (CAS Registry 6485-34-3); (3) acid (or insoluble) saccharin (CAS Registry 81-07-2); and (4) research grade saccharin. Most of the U.S.-produced and imported grades of saccharin from the PRC are sodium and calcium saccharin, which are available in granular, powder, spray-dried powder, and liquid forms. The merchandise subject to this order is currently classifiable under subheading 2925.11.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”) and includes all types of saccharin imported under this HTSUS subheading, including research and specialized grades. Although the HTSUS subheading is provided for convenience and customs purposes, the Department's written description of the scope of this order remains dispositive.

    Revocation

    As a result of the determination by the ITC that revocation of the AD order on saccharin from the PRC would not be likely to lead to continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department is revoking the AD order on saccharin from the PRC. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is June 8, 2014 (i.e., the fifth anniversary of the effective date of publication in the Federal Register of the previous continuation of this order).5

    5See Continuation.

    Cash Deposits and Assessment of Duties

    The Department will notify CBP, 15 days after publication of this notice, to terminate the suspension of liquidation and to discontinue the collection of cash deposits on entries of the subject merchandise from the PRC, entered or withdrawn from warehouse, on or after June 8, 2014. The Department will further instruct CBP to refund with interest all cash deposits on entries made on or after June 8, 2014.

    Administrative Protective Order

    This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions.

    This notice is published in accordance with sections 751(d)(2) and 777(i) the Act, and 19 CFR 351.218(f)(4).

    Dated: May 29, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-14069 Filed 6-8-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-952] Narrow Woven Ribbon With Woven Selvedge From the People's Republic of China: Preliminary Results of Administrative Review; 2013-2014 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    DATES:

    Effective Date: June 9, 2015.

    SUMMARY:

    The Department of Commerce (“Department”) is conducting an administrative review of the antidumping duty order on narrow woven ribbon with woven selvedge (“NWR”) from the People's Republic of China (“PRC”) for the period of review (“POR”) September 1, 2013, through August 31, 2014. This review covers one company, Yama Ribbons Co., Ltd. (“Yama Ribbons”).1 The Department preliminarily finds that Yama Ribbons did not have reviewable transactions during the POR.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 64565 (October 31, 2014) (“Initiation Notice”). The Department determined in the underlying investigation that merchandise produced and exported by Yama Ribbons is excluded from the antidumping duty order. See also Notice of Antidumping Duty Orders: Narrow Woven Ribbons With Woven Selvedge From Taiwan and the People's Republic of China: Antidumping Duty Orders, 75 FR 53632, (September 1, 2010), as amended in Narrow Woven Ribbons With Woven Selvedge From Taiwan and the People's Republic of China: Amended Antidumping Duty Orders, 75 FR 56982 (September 17, 2010) (“Order”). However, merchandise which Yama exports but did not produce remains subject to the antidumping duty order on narrow woven ribbons with woven selvedge.

    FOR FURTHER INFORMATION CONTACT:

    Karine Gziryan, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4081.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The products covered by the order are narrow woven ribbons with woven selvedge. The merchandise subject to the order is classifiable under the Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also may enter under HTSUS subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description in the Order remains dispositive.2

    2 For a complete description of the scope of the order, please see “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Narrow Woven Ribbons With Woven Selvedge from the People's Republic of China,” from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance (“Preliminary Decision Memorandum”), dated concurrently with, and hereby adopted by, this notice.

    Methodology

    The Department has conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (“the Act”). For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. This memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Results Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/enforcement/. The signed Preliminary Results Decision Memorandum and the electronic versions of the Preliminary Results Decision Memorandum are identical in content.

    Preliminary Results of Review

    The Department preliminarily determines that Yama Ribbons did not have reviewable transactions during the POR.

    Disclosure and Public Comment

    Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically using ACCESS, within 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).

    Pursuant to 19 CFR 351.310(c), interested parties, who wish to request a hearing, or to participate in a hearing if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. Electronically filed case briefs/written comments and hearing requests must be received successfully in their entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.3 Hearing requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those issues raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act.

    3See 19 CFR 351.310(c).

    Assessment Rates

    Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries covered by this review.4 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Pursuant to the Department's practice in NME cases, if we continue to determine that Yama Ribbons had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate of 247.65 percent. For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).

    4See 19 CFR 351.212(b)(1).

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For exports of merchandise made by Yama Ribbons of merchandise it did not produce, the cash deposit rate is the PRC-wide rate of 247.65, as stated in the Order; 5 (2) for previously investigated or reviewed PRC and non-PRC exporters which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate the cash deposit rate will be the PRC-wide rate of 247.65 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    5Order at 75 FR 53632.

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: May 29, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Results Decision Memorandum Summary Background Scope of the Order Discussion of the Methodoogy Preliminary Determination of No Shipments Recommendation
    [FR Doc. 2015-14073 Filed 6-8-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Conference on Weights and Measures 100th Annual Meeting AGENCY:

    National Institute of Standards and Technology, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The 100th Annual Meeting of the National Conference on Weights and Measures (NCWM) will be held in Philadelphia, Pennsylvania, from Sunday, July 19, 2015, through Thursday, July 23, 2015. This notice contains information about significant items on the NCWM Committee agendas but does not include all agenda items. As a result, the items are not consecutively numbered.

    DATES:

    The meeting will be held from Sunday, July 19, 2015, through Thursday, July 23, 2015. The complete meeting schedule is available at www.ncwm.net.

    ADDRESSES:

    This meeting will be held at the Sheraton Philadelphia Society Hill Hotel, 1 Dock Street, Philadelphia, Pennsylvania 19106.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carol Hockert, Chief, Office of Weights and Measures, National Institute of Standards and Technology,100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899-2600. You may also contact Ms. Hockert at (301) 975-5507 or by email at [email protected]. The meeting is open to the public, but a paid registration is required. Please see the NCWM Web site (www.ncwm.net) to view the meeting agendas, registration forms, and hotel reservation information.

    SUPPLEMENTARY INFORMATION:

    Publication of this notice on the NCWM's behalf is undertaken as a public service; NIST does not endorse, approve, or recommend any of the proposals or other information contained in this notice or in the publications of the NCWM.

    The NCWM is an organization of weights and measures officials of the states, counties, and cities of the United States, federal agencies, and representatives from the private sector. These meetings bring together government officials and representatives of business, industry, trade associations, and consumer organizations on subjects related to the field of weights and measures technology, administration, and enforcement. NIST participates to encourage cooperation between federal agencies and the states in the development of legal metrology requirements. NIST also promotes uniformity among the states in laws, regulations, methods, and testing equipment that comprise the regulatory control of commercial weighing and measuring devices, packaged goods, and other trade and commerce issues.

    The following are brief descriptions of some of the significant agenda items that will be considered at the NCWM Annual Meeting. Comments will be taken on these and other issues during several public comment sessions. This meeting also includes work sessions in which the Committees may also accept comments, and where they will finalize recommendations for possible adoption at this meeting. The Committees may withdraw or carryover items that need additional development.

    Some of the items listed below provide notice of projects under development by groups working to develop specifications, tolerances, and other requirements for devices used in the retail sales of engine fuels and the establishment of approximate gallon and liter equivalents to diesel fuel that would be used in marketing both compressed and liquefied natural gas. These notices are intended to make interested parties aware of these development projects and to make them aware that reports on the status of the project will be given at the Annual Meeting. The notices are also presented to invite the participation of manufacturers, experts, consumers, users, and others who may be interested in these efforts.

    The Specifications and Tolerances Committee (S&T Committee) will consider proposed amendments to NIST Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices.” Those items address weighing and measuring devices used in commercial applications, that is, devices that are used to buy from or sell to the public or used for determining the quantity of products or services sold among businesses. Issues on the agenda of the NCWM Laws and Regulations Committee (L&R Committee) relate to proposals to amend NIST Handbook 130, “Uniform Laws and Regulations in the area of Legal Metrology and Engine Fuel Quality” and NIST Handbook 133, “Checking the Net Contents of Packaged Goods.”

    NCWM Specifications and Tolerances Committee

    The following items are proposals to amend NIST Handbook 44:

    Scales (Including Weigh-in-Motion Vehicle Scales for Use in the Enforcement of Highway Load Limits) Item 320-4 Weigh-in-Motion Vehicle Scales for Use in Highway Weight Enforcement

    The S&T Committee is recommending adoption of a new tentative code to be included in NIST Handbook 44 that will include the specifications, tolerances, and other technical requirements for the vehicle scales used by highway weight enforcement agencies to determine the axle loads, tandem axle loads, and gross vehicle weights of trucks and other large highway vehicles while they are in motion. A tentative code has a trial or experimental status. It is not intended to be enforced until adopted as a permanent code by the NCWM. The proposed tentative code includes recommended tests and tolerances for vehicle scales used to weigh vehicles in motion as well as user requirements that will ensure devices are maintained and operated properly, allowing weighing results to be used to carry out highway weight enforcement programs across the nation. The intended application of these scales is to weigh vehicles, while in motion, for the purpose of screening and sorting the vehicles to determine if a static weighment is necessary.

    Belt-Conveyor Scale Systems Item 321-1 Belt-Conveyor Scale Systems

    Belt-conveyor scales are used in a wide variety of applications for weighing coal, grain, ore, and many other raw materials or products. Currently, only scales that are fully integrated into a conveyor system are permitted under NIST Handbook 44. The S&T Committee is recommending for adoption new definitions and proposals to broaden the scope of the requirements to allow fully “self-contained weigh-belt systems” to be covered by the specifications, tolerances, and other technical requirements in NIST Handbook 44 so these devices may be utilized in commercial transactions.

    Liquid Measuring Devices Item 330-2 S.2.2. Categories of Device and Methods of Sealing

    The S&T Committee is recommending for adoption language that would allow device manufacturers to supply required security and configuration related data in “event loggers” (i.e., digital systems that keep track of the number of times a calibration event occurs) to weights and measures officials and service personnel utilizing digital communications (e.g., cellular or Internet connections) or other electronic means (e.g., USB flash memory drive) in addition to the current requirement to provide a printed record of this information. This information is used to ascertain how many and what type of calibrations and configuration changes were made to a weighing and measuring device since the last official inspection or service. The S&T Committee originally considered a proposal which would allow the information to be provided in lieu of a printed record. However, based on comments received and an evaluation of the costs, practicality, and other aspects of the proposal including the data security and privacy concerns that may arise, the Committee agreed that the electronic form of the information is only permitted as a supplement to the printed record.

    Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices Item 332-2 N.3. Test Drafts—Use of Transfer Standards for Calibration and Verification

    The S&T Committee has designated a “Developing” item on its agenda to allow the development of a proposal that would recognize the use of calibrated transfer standards (also called “master meters”) in the verification and calibration of Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices. Currently, most official tests of these devices are conducted using volumetric test measures or using gravimetric testing. The proposal outlined in this item includes requirements for a minimum test draft, and would allow the use of “master meters” in both service-related and official testing. This item is also intended to explore the possibility of expanding the use of transfer standards to other types of measuring devices, including those used to measure petroleum at terminals and retail outlets and to meters used to deliver home heating fuel and other products.

    Mass Flow Meters Item 337-1 Diesel Energy Equivalents for Compressed and Liquefied Natural Gas

    Natural gas is sold in the marketplace in both compressed (CNG) and liquefied (LNG) states as alternative fuel choices to gasoline and diesel fuel. The S&T Committee has recommended revisions to NIST Handbook 44 to define volume units for CNG and LNG in terms of the energy equivalents for a liter or gallon of diesel fuel. The availability of these values should enable consumers to compare the cost and mileage economy of different fuels, and so enable informed purchasing decisions when considering the use, purchase, or lease of vehicles equipped to operate on different fuels.

    Taximeters (and GPS Devices When Used in Transportation Services) Items 354-1, 354-2, 354-3, 354-4, and 354-5

    The S&T Committee is recommending for adoption this group of proposals (listed above), which includes proposed revisions and updates to the Taximeter Code in NIST Handbook 44 to address changes in technology related to indicating and recording elements (i.e., printers) and operational features including the indications required to be presented to passengers.

    Item 354-6 U.S. National Working Group on Taximeters and Global Positioning System-Based Systems for Time and Distance Measurement

    The S&T Committee will hear a progress report from a national working group that is studying the use of Global Positioning Systems and smart phone/web based applications in transportation services in order to develop proposed specifications, tolerances, and other technical requirements to ensure accuracy and transparency for passengers, drivers, and businesses for inclusion in NIST Handbook 44. This item is designated as a “Developing Item” on the Committee's agenda to allow further study and refinement of these issues.

    Other Items Item 360-5 Electric Vehicle Fueling and Submetering

    The S&T Committee is recommending adoption of a tentative code for use in electric vehicle charging and submetering for inclusion in NIST Handbook 44. The code was developed by a NIST U.S. National Working Group that continues to further refine the specifications, tolerances, and other technical requirements to ensure accuracy and transparency for drivers of electric vehicles and power resellers. The S&T Committee is also recommending for adoption proposed changes to the Section 5.55. “Timing Devices” in NIST Handbook 44 to address requirements for the timing mechanisms that are likely to be used in some recharging systems to determine additional charges for other services (e.g., parking).

    NCWM Laws and Regulations Committee (L&R Committee)

    The following items are proposals to amend NIST Handbook 130 or NIST Handbook 133:

    NIST Handbook 130—Section on Uniform Regulation for the Method of Sale of Commodities Item 232-3 Animal Bedding

    The L&R Committee is recommending the adoption of a uniform method of sale for animal bedding that will enhance the ability of consumers to make value comparisons and will ensure fair competition. Animal Bedding is generally defined as any material, except for baled straw, that is kept, offered or exposed for sale or sold to retail consumers for primary use as a medium for any pet or companion or livestock animal to nest or eliminate waste. If adopted, the proposal will require packers to advertise and sell packages of animal bedding on the basis of the expanded volume of the bedding. Most packages of animal bedding are compressed during packaging and the expanded volume is the amount of product that consumers will recover through unwrapping and decompressing the bedding according to the instructions provided by the packer. See also Item 260-3 for proposed Test Procedures for Verifying the Expanded Volume Declaration on Packages of Animal Bedding.

    NIST Handbook 133—“Checking the Net Contents of Packaged Goods” Item 260-1 Chitterling Test Procedure

    The L&R Committee is recommending for adoption a proposal that will add a test procedure and purge allowance to NIST Handbook 133 so the drainage equipment and methods used by state and local weights and measures officials are identical to those used by the Food Safety and Inspection Service of the U.S. Department of Agriculture in packing plants. This test procedure will also be used in verifying the amount of purge from beef tripe.

    Authority:

    15 U.S.C. 272(b)(6).

    Richard Cavanagh, Acting Associate Director for Laboratory Programs.
    [FR Doc. 2015-14007 Filed 6-8-15; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD987 Center for Independent Experts; Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    NMFS has requested the Center for Independent Experts (CIE) meet to conduct a peer review of the agency's stock assessment of the General Model for Alaskan Crabs Stocks (GMACs) and its implementation for Bristol Bay Red King Assessment (BBRKC). This notice lists the time and place of that meeting.

    DATES:

    The workshop will be held June 29-July 1, 2015, from 9 a.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held at the Alaska Fishery Science Center (AFSC), 7600 Sand Point Way NE., Building 4, Conference Room, Seattle, WA.

    FOR FURTHER INFORMATION CONTACT:

    Jim Ianelli, 206-526-6510.

    SUPPLEMENTARY INFORMATION:

    The Agenda is subject to change, and the latest version will be posted at http://www.npfmc.org.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Jim Ianelli at 206-526-6510 at least 7 working days prior to the meeting date.

    Dated: June 3, 2015 Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-13989 Filed 6-8-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request; “Third-Party Submissions and Protests”

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    Agency: United States Patent and Trademark Office, Commerce.

    Title: Third-Party Submissions and Protests.

    OMB Control Number: 0651-0062.

    Form Number(s): PTO/SB/429.

    Type of Request: Renewal.

    Number of Respondents: 1,560.

    Average Time per Response: 10 hours.

    Burden Hours: 15,600.

    Cost Burden: $237,619.25.

    Needs and Uses: This information collection (the information collected via third-party submissions under 37 CFR 1.290 and protests under 37 CFR 1.291) is necessary so that the public may contribute to the quality of issued patents. Through the third-party submissions, members of the public may submit patents, published patent applications, or other printed publications of potential relevance to the examination of an application in accordance with 37 CFR 1.290. Through the protests, members of the public may call attention to any facts that—in the protestor's opinion—would make the grant of a patent improper. The USPTO will use this information, as appropriate, during the patent examination process to assist in evaluating the patent application and to, where necessary, avoid the issuance of an invalid patent.

    Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions.

    Frequency: On occasion.

    Respondent's Obligation: Required to Obtain or Retain Benefits.

    OMB Desk Officer: Nicholas A. Fraser, email: [email protected].

    Once submitted, the request will be publicly available in electronic format through reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Further information can be obtained by:

    • Email: [email protected] Include “0651-0062 copy request” in the subject line of the message.

    • Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    Written comments and recommendations for the proposed information collection should be sent on or before July 9, 2015 to Nicholas A. Fraser, OMB Desk Officer, via email to [email protected], or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

    Dated: June 1, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer.
    [FR Doc. 2015-14090 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request; “Post Registration (Trademark Processing)”

    The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    Agency: United States Patent and Trademark Office, Commerce.

    Title: Post Registration (Trademark Processing).

    OMB Control Number: 0651-0055.

    Form Number(s):

    • PTO Form 1563 • PTO Form 1573 • PTO Form 1583 • PTO Form 1597 • PTO Form 1963 • PTO Global Form

    Type of Request: Regular.

    Number of Respondents: 185,047 responses per year. Of this total, the USPTO expects that 175,846 responses will be submitted through TEAS and 9,201 will be submitted on paper.

    Average Hours Per Response: The USPTO estimates that it will take approximately 5 minutes (0.08 hours) to 35 minutes (0.58 hours) to complete a single item in this collection, depending on the instrument used. This includes the time to gather the necessary information, create the documents, and submit the completed request to the USPTO.

    Burden Hours: 43,095.72 hours.

    Cost Burden: $54,392,518.33.

    Needs and Uses:

    The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the Federal registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their marks with the USPTO.

    Such individuals and businesses may also submit various communications to the USPTO, including requests to amend their registrations to delete goods or services that are no longer being used by the registrant. Registered marks remain on the register for ten years and can be renewed, but will be cancelled unless the owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, within specific deadlines. Applicants may also request to amend or divide a registration, respond to a post-registration Office action, and surrender a registration.

    The rules implementing the Act are set forth in 37 CFR part 2. These rules mandate that each register entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The USPTO also provides similar information concerning pending applications. The register and pending application information may be accessed by an individual or by businesses to determine the availability of a mark. By accessing the USPTO's information, parties may reduce the possibility of initiating use of a mark previously adopted by another. Thus, the Federal trademark registration process may reduce unnecessary litigation and its accompanying costs and burdens.

    Affected Public: Individuals or households; businesses or other for-profit institutions, and not-for-profit institutions.

    Frequency: On occasion.

    Respondent's Obligation: Required to Obtain or Retain Benefits.

    OMB Desk Officer: Nicholas A. Fraser, email: [email protected]

    Once submitted, the request will be publicly available in electronic format through reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Further information can be obtained by:

    • Email: [email protected] Include “0651-0055 copy request” in the subject line of the message.

    • Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    Written comments and recommendations for the proposed information collection should be sent on or before July 9, 2015 to Nicholas A. Fraser, OMB Desk Officer, via email to [email protected], or by fax to 202 395-5167, marked to the attention of Nicholas A. Fraser.

    Dated: June 1, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer.
    [FR Doc. 2015-14085 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office Matters Related to First Inventor To File ACTION:

    Proposed collection; comment request.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES:

    Written comments must be submitted on or before August 10, 2015.

    ADDRESSES:

    Written comments may be submitted by any of the following methods:

    Email: [email protected] Include “0651-0071 comment” in the subject line of the message.

    Federal Rulemaking Portal: http://www.regulations.gov.

    Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected] with “0651-0071 comment” in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under “Information Collection Review.”

    SUPPLEMENTARY INFORMATION: I. Abstract

    The Leahy-Smith America Invents Act (AIA) was enacted into law on September 16, 2011. See Public Law 112-29, 125 Stat. 283 (2011). Section 3 of the AIA, inter alia, amended 35 U.S.C. 102 and 103 consistent with the objectives of the AIA, including the conversion of the United States patent system from a “first to invent” system to a “first inventor to file” system. The changes in section 3 of the AIA went into effect on March 16, 2013, but apply only to certain applications filed on or after March 16, 2013.

    37 CFR 1.55(j), 1.78(a)(6) and 1.78(d)(6) require information needed to assist the USPTO in determining whether an application is subject to 35 U.S.C. 102 and 103 as amended by the AIA or 35 U.S.C. 102 and 103 in effect on March 15, 2013. 37 CFR 1.110 requires information needed to identify the inventor, and ownership on the effective filing date, of each claimed invention in an application or patent with more than one named inventor, when necessary for purposes of a USPTO proceeding. 37 CFR 1.130, 1.131, and 1.132 provide for the submission of affidavits or declarations needed (i) to show that a disclosure was by the inventor or joint inventor, or was by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (ii) to show that there was a prior public disclosure by the inventor or a joint inventor, or by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (iii) to establish prior invention or to disqualify a commonly owned patent or published application as prior art (1.131), or (iv) to submit evidence to traverse a rejection or objection on a basis not otherwise provided for (1.132).

    The USPTO accounts for both electronic and paper submissions in this collection.

    II. Method of Collection

    Electronically when using the USPTO online filing system EFS-Web, or by mail, facsimile, or hand delivery.

    III. Data

    OMB Number: 0651-0071.

    IC Instruments and Forms: The individual instruments in this collection, as well as any associated forms, are listed in the hourly cost burden table below.

    Type of Review: Revision of a Previously Existing Information Collection.

    Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions.

    Estimated Number of Respondents: The USPTO estimates that it will receive a total of approximately 50,150 responses per year for this collection, of which approximately 12,538 will be filed by small entities. The USPTO estimates that approximately 48,646 of the responses for this collection will be submitted electronically via EFS-Web.

    These estimates are based on the Agency's long-standing institutional knowledge of and experience with the type of information collected by these items.

    Estimated Time per Response: The USPTO estimates that the responses in this collection will take the public from 2 to 10 hours to complete. This includes the time to gather the necessary information, create the document, and submit the completed request to the USPTO. Specifically, the USPTO estimates that: (1) Preparing an affidavit or declaration under 37 CFR 1.130, 1.131, or 1.132 will require, on average, 10 hours; (2) identifying under 37 CFR 1.55(j), 1.78(a)(6), or 1.78(d)(6) whether there is any claim or subject matter not disclosed in the prior foreign, provisional, or non-provisional application will require, on average, 2 hours; and (3) identifying under 37 CFR 1.110 inventorship and ownership of the subject matter of claims will require, on average, 2 hours. The USPTO calculates that, on balance, it takes the same amount of time to gather the necessary information, create the document, and submit it to the USPTO, whether the applicant submits the information in paper form or electronically.

    These estimates are based on the Agency's long-standing institutional knowledge of and experience with the type of information collected and the length of time necessary to complete responses containing similar or like information.

    Estimated Total Annual Respondent Burden Hours: 340,300 hours.

    Estimated Total Annual Respondent (Hourly) Cost Burden: $132,376,700. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate for attorneys is $389. Using this hourly rate, the USPTO estimates $132,376,700 per year for the total hourly costs associated with respondents.

    IC No. Information collection instrument Estimated
  • time for
  • response
  • (minutes)
  • Estimated
  • annual
  • responses
  • Estimated annual burden hours Rate
  • ($/hr)
  • (a) (b) (a) × (b)/60 = (c) 1 Electronic Submissions Under 37 CFR 1.55(j) 120 9,700 19,400 $389.00 1 Submissions Under 37 CFR 1.55(j) 120 300 600 389.00 2 Electronic Submissions Under 37 CFR 1.78(a)(6) 120 7,760 15,520 389.00 2 Submissions Under 37 CFR 1.78(a)(6) 120 240 480 389.00 3 Electronic Submissions Under 37 CFR 1.78(d)(6) 120 1,940 3,880 389.00 3 Submissions Under 37 CFR 1.78(d)(6) 120 60 120 389.00 4 Electronic Identification of Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110 120 146 292 389.00 4 Identification of Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110 120 4 8 389.00 5 Electronic Rule 1.130, 1.131, and 1.132 Affidavits or Declarations 600 29,100 291,000 389.00 5 Rule 1.130, 1.131, and 1.132 Affidavits or Declarations 600 900 9,000 389.00 Total 50,150 340,300

    Estimated Total Annual (Non-hour) Cost Burden: $8,475.50. The USPTO estimates that the total annualized (non-hour) cost burden for this collection is due to postage costs of $8,475.50 per year. Customers may incur postage costs when submitting some of the items covered by this collection to the USPTO by mail. The USPTO expects that approximately 97 percent of the responses in this collection will be submitted electronically. Of the remaining 3 percent, the vast majority—98 percent—will be submitted by mail, for a total of 1,474 mailed submissions. The average first class USPS postage cost for these items is estimated at $5.75; the cost of a one pound mailed submission in a flat rate envelope. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $8,475.50.

    IV. Request for Comments

    Comments are invited on:

    (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

    (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information, including the validity of the methodology and assumptions used;

    (c) ways to enhance the quality, utility, and clarity of the information to be collected; and

    (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record.

    Dated: June 1, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer.
    [FR Doc. 2015-14093 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office Submission for OMB Review; Comment Request; “Trademark Petitions”

    The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    Agency: United States Patent and Trademark Office, Commerce.

    Title: Trademark Petitions.

    OMB Control Number: 0651-0061.

    Form Number(s):

    • N/A.

    Type of Request: Regular.

    Number of Respondents: 2,988 per year.

    Estimated Time per Response: The USPTO estimates that the items in this collection have an average response time of 55 minutes (0.92 hours), and that it will take approximately 35 minutes (0.58 hours) to 75 minutes (1.25 hours) to complete this information. This includes the time to gather the necessary information, create the documents, and submit the completed request to the USPTO.

    Burden Hours: 2,749.67.

    Cost Burden: $22,660.19.

    Needs and Uses: The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the registration of trademarks, service marks, collective trademarks and collective service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their marks with the USPTO.

    Individuals and businesses may also submit various communications to the USPTO, including letters of protest, requests to make special, responses to petition inquiry letters, petitions to make special, requests to restore a filing date, and requests for reinstatement.

    The USPTO uses the information described in this collection to process letters of protest, requests to make special, responses to petition inquiry letters, petitions to make special, requests to restore filing date, and requests for reinstatement. The information is used by the public for a variety of private business purposes related to establishing and enforcing trademark rights. Information relating to the registration of a trademark is made publicly available by the USPTO. The release of information in a letter of protest is controlled and may be available upon request only.

    Affected Public: Individuals and households; Businesses and other for-profit organizations; Not-for-profit institutions.

    Frequency: Annually.

    Respondent's Obligation: Required to obtain or retain benefits.

    OMB Desk Officer: Nicholas A. Fraser, email: [email protected].

    Once submitted, the request will be publicly available in electronic format through reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Further information can be obtained by:

    • Email: [email protected]. Include “0651-0061 copy request” in the subject line of the message.

    • Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    Written comments and recommendations for the proposed information collection should be sent on or before July 9, 2015 to Nicholas A. Fraser, OMB Desk Officer, via email to [email protected], or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

    Dated: June 1, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer.
    [FR Doc. 2015-14083 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Review and Derivation Proceedings ACTION:

    Proposed collection; comment request.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES:

    Written comments must be submitted on or before August 10, 2015.

    ADDRESSES:

    Written comments may be submitted by any of the following methods:

    Email: [email protected] Include “0651-0069 comment” in the subject line of the message.

    Federal Rulemaking Portal: http://www.regulations.gov.

    Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Susan Mitchell, Lead Administrative Patent Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 571-272-8715; or by email at [email protected] with “0651-0069 comment” in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under “Information Collection Review.”

    SUPPLEMENTARY INFORMATION: I. Abstract

    The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, issue applications as patents. The Leahy-Smith America Invents Act, which was enacted into law on September 16, 2011, provided for many changes to the procedures of the Patent Trial and Appeal Board (“PTAB” or “Board”, formerly the Board of Patent Appeals and Interference) procedures. See Public Law 112-29, 125 Stat. 284 (2011). These changes included the introduction of inter partes review, post-grant review, derivation proceedings, and the transitional program for covered business method patents. In 2012, six rulemaking actions were taken to propose and implement new rules of practice for the multiple reviews and proceedings impacted by the items contained within this information collection.

    This renewal seeks to enable the continuation of the review and proceeding processes outlined in the information collection below. The public will use this information collection to petition the Board to initiate inter partes reviews, post-grant reviews, covered business method patent reviews, and derivation proceedings, as well as initiate other actions, and to ensure that the associated fees and documentation are submitted to the USPTO.

    II. Method of Collection

    Electronically if applicants submit the information using the Patent Review Processing System (PRPS). Applicants may be able to submit the information via email if PRPS is unavailable, or by Priority Mail Express® if both PRPS and the Board's email address are unavailable.

    III. Data

    OMB Number: 0651-0069.

    IC Instruments and Forms: The individual instruments in this collection, as well as their associated forms, are listed in the table below.

    Type of Review: Revision of a Previously Existing Information Collection

    Affected Public: Businesses or other for-profit organizations; individuals or households; not-for-profit institutions; Federal Government; and state, local, or tribal governments.

    Estimated Number of Respondents: The USPTO estimates that this collection will generate approximately 11,349 responses per year. Of this total, the USPTO expects that 11,274 responses will be submitted through an electronic portal such as PRPS and 75 will be submitted on paper.

    Estimated Time per Response: The USPTO estimates that it will take the public an average of 128.6 hours to complete an individual form in this collection, with estimated response times for individual forms ranging between approximately 6 minutes and approximately 165 hours and 18 minutes (0.10 hours to 165.3 hours) to complete, depending on the situation and collection tool used.

    The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this information collection is shown in the table below.

    Estimated Total Annual Respondent Burden Hours: 1,459,184 hours.

    Estimated Total Annual Respondent (Hourly) Cost Burden: $567,622,576. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate for an attorney is $389. Using this hourly rate, the USPTO estimates $567,622,576 per year for the total hourly costs associated with respondents.

    IC No. Item Hours Estimated
  • Annual
  • Responses
  • Burden
  • (hrs/yr)
  • Rate
  • ($/hr)
  • (a) (b) (a) × (b) = (c) 1 Petition for Inter Partes Review 124.0 1,685 208,940 $389.00 2 Petition for Post-Grant Review or Covered Business Method Patent Review 165.3 181 29,919.3 389.00 3 Petition for Derivation 165.3 3 495.9 389.00 4 Patent Owner Preliminary Response to Petition for Initial Inter Partes Review 91.6 1,109 101,584.4 389.00 5 Patent Owner Preliminary Response to Petition for Initial Post-Grant Review or Covered Business Method Patent Review 91.6 134 12,274.4 389.00 6 Request for Rehearing 80.0 272 21,760 389.00 7 Motions, Replies and Oppositions After Institution in Inter Partes Review 158.0 5,901 932,358 389.00 8 Motions, Replies and Oppositions After Institution in Post-Grant Review or Covered Business Method Review 148.0 665 98,420 389.00 9 Motions, Replies and Oppositions in Derivation Proceeding 120.0 7 840 389.00 10 Request for Oral Hearing 18.3 392 7,173.6 389.00 11 Request to Treat a Settlement as Business Confidential 2.0 397 794 389.00 12 Settlement 100.0 446 44,600 389.00 13 Arbitration Agreement and Award 4.0 2 8 389.00 14 Request to Make a Settlement Agreement Available 1.0 1 1 389.00 15 Notice of Judicial Review of a Board Decision (e.g., Notice of Appeal Under 35 U.S.C. § 142) 0.1 154 15.4 389.00 Totals 11,349 1,459,184

    Estimated Total Annual (Non-hour) Respondent Cost Burden: $60,404,425.50. There are no capital start-up or maintenance costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of filing fees and postage costs. The total annual (non-hour) costs for this collection are calculated in the accompanying tables.

    Filing Fees

    The IC items in this collection that contain filing fees are listed in the table below.

    IC No. Item Responses
  • (yr)
  • Filing fees Total cost
  • (yr)
  • (a) (b) (a) × (b) = (c) 1 Petition for Inter Partes Review 1,685 $31,400.00 (average) $52,909,000.00 2 Petition for Post-Grant Review or Covered Business Method Patent Review 181 41,400.00 (average) 7,493,400.00 3 Petition for Derivation 3 400.00 1,200.00 14 Request to Make a Settlement Agreement Available 1 400.00 400.00 Totals 1,870 60,404,000.00
    Postage Costs

    Customers may incur postage costs when submitting two of the Information Collection instruments covered by this collection to the USPTO by mail. Only the Petition for Inter Partes Review and the Motions, Replies, and Oppositions After Institution in Inter Partes Review are eligible for paper filings, and only if authorized by the PTAB. The USPTO expects that approximately 99 percent of the responses to those two items will be submitted electronically. Of the remaining 1 percent, the vast majority—98 percent—will be submitted by mail, for a total of 74 mailed submissions. The average first class USPS postage cost for a one-pound mailed submission in a flat rate envelope is $5.75. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $425.50.

    The USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of filing fees ($60,404,000.00) and postage costs ($425.50), is $60,404,425.50 per year.

    IV. Request for Comments

    Comments are invited on:

    (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

    (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information, including the validity of the methodology and assumptions used;

    (c) ways to enhance the quality, utility, and clarity of the information to be collected; and

    (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record.

    Dated: June 1, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer.
    [FR Doc. 2015-14094 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF DEFENSE Office of the Secretary National Commission on the Future of the Army; Notice of Federal Advisory Committee Meeting AGENCY:

    Department of Defense (DoD), Deputy Chief Management Officer.

    ACTION:

    Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The DoD is publishing this notice to announce two days of meetings of the National Commission on the Future of the Army (“the Commission”). The meetings will be partially closed to the public.

    DATES:

    Date of the Closed Meetings: Wednesday, June 17, 2015, from 1:00 p.m. to 6:45 p.m. Date of the Open Meeting: Thursday, June 18, 2015, from 8:30 a.m. to 12:50 p.m.

    ADDRESSES:

    Address of Closed Meeting, June 17: Rm 5133, Zachary Taylor Building, 2530 Crystal Dr., Arlington, VA 22202.

    Address of Open Meeting, June 18: Polk Conference Room, Room 12158, James Polk Building 2521 S. Clark St., Arlington, VA 22202.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Don Tison, Designated Federal Officer, National Commission on the Future of the Army, 700 Army Pentagon, Room 3E406, Washington, DC 20310-0700, Email: [email protected] Desk (703) 692-9099. Facsimile (703) 697-8242.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Designated Federal Officer and the Department of Defense, the National Commission on the Future of the Army was unable to provide public notification of its meeting of June 17-18, 2015, as required by 41 CFR 102-3.150(a). Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement. This meeting will be held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of Meetings

    During the closed meeting on Wednesday, June 17, 2015, the Commission will hear classified testimony from individual witnesses and engage in discussion on Meeting War Plans and Defense Scenario Demands for Strategic Transport and Mobility, Threats to the Homeland, and Homeland Threat Responses.

    During the open meeting on Thursday, June 18, 2015, the Commission will hear comments from several organizations, the Public will have the opportunity to provide verbal comments, and immediately afterwards the Commission will discuss topics raised during the organizational and public comment session.

    Agendas

    June 17, 2015—Closed Hearing: The Commission will hear comments from various Government organizations at the closed hearing on June 17, 2015, and the organizations have been asked to address: Meeting force requirements from the Defense Planning Guidance; guidance for employment of the Force; global force integration matrix; combatant command integrated priorities lists; operational plans and contingency plans; studies, analysis, assessments, and evaluations of plans, programs, and strategies for strategic mobility of Army forces from all three components; current threats to the homeland; regular and reserve components of the Army support current and anticipated homeland defense and disaster assistance missions in the United States; and Current and projected readiness (training levels, equipment status, and manning levels).

    Speakers include, but are not limited to, representatives from these Government organizations: United States Transportation Command, Office of the Secretary of Defense's Cost Assessment and Program Evaluation Office (CAPE), the Federal Bureau of Investigation's National Counterterrorism Center, US Northern Command, Fifth U.S. Army, the Deputy Assistant Secretary of Homeland Defense Integration and Defense Support to Civil Authorities, and the Director, Army National Guard. All presentations and resulting discussion are classified.

    June 18, 2015—Open Hearing: The Commission will hear verbal comments from Military Associations, not to exceed thirty minutes, and Public, not to exceed five minutes and immediately afterwards the Commission will discuss topics raised during the Organizational and public comments session.

    Meeting Accessibility

    In accordance with applicable law, 5 U.S.C. 552b(c), and 41 CFR 102-3.155, the DoD has determined that the portion of the meeting scheduled for Wednesday, June 17, 2015, from 1:00 p.m. to 6:45 p.m. will be closed to the public. Specifically, the Assistant Deputy Chief Management Officer, with the coordination of the DoD FACA Attorney, has determined in writing that this portion of the meeting will be closed to the public because it will discuss matters covered by 5 U.S.C. 552b(c)(1).

    Pursuant to 41 CFR 102-3.140 through 102-3.165 and the availability of space, the meeting scheduled for June 18, 2015 from 8:30 a.m. to 12:50 p.m.at the James Polk Building is open to the public. Seating is limited and pre-registration is strongly encouraged. Media representatives are also encouraged to register. Members of the media must comply with the rules of photography and video filming in the James Polk Building. The closest public parking facility is located in the basement and along the streets. Visitors will be required to present one form of photograph identification. Visitors to the James Polk Office Building will be screened by a magnetometer, and all items that are permitted inside the building will be screened by an x-ray device. Visitors should keep their belongings with them at all times. The following items are strictly prohibited in the James Polk Office Building: Any pointed object, e.g., knitting needles and letter openers (pens and pencils are permitted.); any bag larger than 18″ wide x 14″ high x 8.5″ deep; electric stun guns, martial arts weapons or devices; guns, replica guns, ammunition and fireworks; knives of any size; mace and pepper spray; razors and box cutters.

    Written Comments

    Pursuant to section 10(a)(3) of the FACA and 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written comments to the Commission in response to the stated agenda of the open and/or closed meeting or the Commission's mission. The Designated Federal Officer (DFO) will review all submitted written statements. Written comments should be submitted to Mr. Donald Tison, DFO, via facsimile or electronic mail, the preferred modes of submission. Each page of the comment must include the author's name, title or affiliation, address, and daytime phone number. All comments received before Wednesday, June 10, 2015, will be provided to the Commission before the June 18, 2015, meeting. Comments received after Wednesday, June 10, 2015, will be provided to the Commission before its next meeting. All contact information may be found in the FOR FURTHER INFORMATION CONTACT section.

    Oral Comments

    In addition to written statements, twenty minutes will be reserved for individuals or interest groups to address the Commission on June 18, 2015. Those interested in presenting oral comments to the Commission must summarize their oral statement in writing and submit with their registration. The Commission's staff will assign time to oral commenters at the meeting; no more than five minutes each for individuals. While requests to make an oral presentation to the Commission will be honored on a first come, first served basis, other opportunities for oral comments will be provided at future meetings.

    Registration

    Individuals and entities who wish to attend the public hearing and meeting on Thursday, June 18, 2015 are encouraged to register for the event with the DFO using the electronic mail and facsimile contact information found in the FOR FURTHER INFORMATION CONTACT section. The communication should include the registrant's full name, title, affiliation or employer, email address, day time phone number. This information will assist the Commission in contacting individuals should it decide to do so at a later date. If applicable, include written comments and a request to speak during the oral comment session. (Oral comment requests must be accompanied by a summary of your presentation.) Registrations and written comments should be typed.

    Additional Information

    The DoD sponsor for the Commission is the Deputy Chief Management Officer. The Commission is tasked to submit a report, containing a comprehensive study and recommendations, by February 1, 2016 to the President of the United States and the Congressional defense committees. The report will contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study. The comprehensive study of the structure of the Army will determine whether, and how, the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources.

    Dated: June 4, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-14029 Filed 6-8-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Defense Policy Board; Notice of Federal Advisory Committee Meeting AGENCY:

    Department of Defense, Office of the Under Secretary of Defense (Policy).

    ACTION:

    Federal advisory committee meeting notice.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce the following Federal advisory committee meeting of the Defense Policy Board (DPB). This meeting will be closed to the public.

    DATES:

    Quarterly Meeting: Tuesday June 30, 2015, from 8:30 a.m. to 5:00 p.m. and Wednesday, July 1, 2015, from 8:00 a.m. to 11:00 a.m.

    ADDRESSES:

    The Pentagon, 2000 Defense Pentagon, Washington, DC 20301-2000.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Ann Hansen, 2000 Defense Pentagon, Washington, DC 20301-2000. Phone: (703) 571-9232.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) (“the Sunshine Act”), and the Federal Advisory Committee Management Act; Final Rule 41 CFR parts 101-6 and 102-3 (“the FACA Final Rule”).

    Purpose of Meeting

    To obtain, review and evaluate classified information related to the DPB's mission to advise on: (a) Issues central to strategic DoD planning; (b) policy implications of U.S. force structure and force modernization and on DoD's ability to execute U.S. defense strategy; (c) U.S. regional defense policies; and (d) other research and analysis of topics raised by the Secretary of Defense, the Deputy Secretary or the Under Secretary of Defense for Policy.

    Meeting Agenda

    Beginning at 8:30 a.m. on June 30 through the end of the meeting on July 1, the DPB will have secret through top secret (SCI) level discussions on national security issues regarding Russia regional implications.

    Meeting Accessibility

    Pursuant to the Sunshine Act and the FACA Final Rule, the Department of Defense has determined that this meeting shall be closed to the public. The Under Secretary of Defense (Policy), in consultation with the Department of Defense FACA Attorney, has determined in writing that this meeting be closed to the public because the discussions fall under the purview of Section 552b(c)(1) of the Sunshine Act and are so inextricably intertwined with unclassified material that they cannot reasonably be segregated into separate discussions without disclosing secret or higher classified material.

    Committee's Designated Federal Officer or Point of Contact

    Ann Hansen, [email protected].

    Written Statements

    Pursuant to 41 CFR § § 102-3.105(j) and 102-3.140(c) and section 10(a)(3) of the FACA, the public or interested organizations may submit written statements to the membership of the DPB at any time regarding its mission or in response to the stated agenda of a planned meeting. Written statements should be submitted to the DPB's Designated Federal Officer (DFO); the DFO's contact information is listed in this notice or it can be obtained from the GSA's FACA Database—http://www.facadatabase.gov/.

    Written statements that do not pertain to a scheduled meeting of the DPB may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at a planned meeting, then these statements must be submitted no later than five business days prior to the meeting in question. The DFO will review all submitted written statements and provide copies to all committee members.

    Dated: June 4, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-14070 Filed 6-8-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Skills for Success Program AGENCY:

    Office of Innovation and Improvement, Department of Education

    ACTION:

    Notice.

    Overview Information: Skills for Success Program.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.215H.

    DATES:

    Applications Available: June 11, 2015.

    Deadline for Notice of Intent To Apply: June 29, 2015.

    Date of Informational Meeting: June 24, 2015.

    Deadline for Transmittal of Applications: July 29, 2015.

    Deadline for Intergovernmental Review: September 28, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The Skills for Success Program supports Local Educational Agencies 1 (LEAs) and their partners in implementing, evaluating, and refining tools and approaches for developing the non-cognitive skills of middle-grades students in order to increase student success. Grants provide funding for the implementation, evaluation, and refinement of existing tools and approaches (e.g., digital games, growth mindset classroom activities, experiential learning opportunities) that integrate the development of students' non-cognitive skills into classroom-level activities and existing strategies designed to improve schools. As grantees implement their projects, we expect them to collect, analyze, and use data to improve their tools and strategies throughout the project period. Ultimately, we expect grantees to identify and validate scalable tools and approaches that can be used by educators of high-need middle-grades students across the country. In addition, we expect that these grants will help build the capacity of LEAs and their partners to conduct research and apply that research to school- and district-level practices. This program also encourages sustainable partnerships that can continue the use of effective tools and approaches beyond the grant period.

    1 Defined terms are noted throughout this document with initial capitals.

    Background: An emerging body of research indicates that interventions that focus on enhancing student attributes, such as growth mindsets, resilience, self-control, and other social and behavioral skills, such as self-efficacy, can have a significant and lasting impact on student achievement and behavior. This research suggests that non-cognitive factors may play an important role in students' academic, career, and life outcomes.2 For example, teaching students that their minds can grow and develop through routine and focused practice, as compared to referring to intelligence as a fixed trait like eye color, can increase students' academic success.3 This competition is designed to build on that research by expanding our knowledge and understanding about the tools and approaches for promoting non-cognitive skills or how educators can improve their students' non-cognitive skills as part of their broader efforts to enhance student educational outcomes, including efforts to improve academic achievement and attendance and reduce chronic absenteeism and exclusionary discipline.

    2 The University of Chicago Consortium of Chicago School Research (June 2012). Teaching Adolescents to Become Learners: The Role of Non-cognitive Factors in Shaping School Performance. Available at: https://ccsr.uchicago.edu/sites/default/files/publications/Noncognitive%20Report.pdf.

    3 Blackwell, L.A., Trzesniewski, K.H., & Dweck, C.S. (2007). Implicit Theories of intelligence and achievement across the junior high school transition: A longitudinal study and an intervention. Child Development, 78, 246-263. Available at: mtoliveboe.org/cmsAdmin/uploads/blackwell-theories-of-intelligence-child-dev-2007.pdf.

    For the FY 2015 competition, this program focuses on projects that implement, evaluate, and refine existing tools and approaches that are designed to improve students' non-cognitive skills during the middle grades. We consider the middle grades (grades 5-8) to be a particularly critical time in students' academic trajectories, especially in the context of increased expectations for what students should know and be able to do in order to be adequately prepared for college and career opportunities. Moreover, recent research demonstrates that educators of students in middle grades may be able to encourage non-cognitive skills development to improve student academic and behavioral outcomes.4

    4 Yeager, David S., and Gregory M. Walton (April 2011). Social-Psychological Interventions in Education: They're Not Magic. Available at:https://web.stanford.edu/~gwalton/home/Research_files/YeagerWalton2011.pdf.

    This competition supports projects that improve upon existing tools and approaches for enhancing students' non-cognitive skills by implementing these tools and approaches and collecting and using data, as well as leveraging other analytical methods, throughout the project. Through these grants, and LEAs' partnerships with nonprofit organizations, Institutions of Higher Education (IHEs), other LEAs, or some combination thereof, we expect to build LEAs' long-term capacity to implement, evaluate, and improve strategies that enhance students' non-cognitive skills. These partnerships could support capacity building by bringing additional resources and expertise to the implementation and evaluation of these tools and approaches. Strong partnerships could also help LEAs continue their work to develop students' non-cognitive skills beyond the grant period. By identifying and strengthening tools and approaches that enhance students' non-cognitive skills, LEAs are also expected to expand the impact of their projects by sharing their emerging practices with other LEAs or schools. Partnerships with nonprofit organizations and IHEs may also aid these dissemination efforts.

    We include two absolute priorities in the FY 2015 competition. Applicants must address both absolute priorities.

    The first absolute priority requires applicants to design projects that build upon existing tools and approaches that encourage middle-grades students to develop their non-cognitive skills. These projects are expected to improve student outcomes and behaviors; enhance the tools and approaches being utilized to enrich students' non-cognitive skills and behaviors through iterative analyses and improvements; and build knowledge from which other LEAs and schools can benefit. As efforts and investments in the non-cognitive area grow, we think it is important to identify potentially scalable strategies and models for students in the middle grades, and to build the evidence base supporting these approaches in order to determine how educators can effectively help students develop such skills and behaviors. These approaches might include, for example, implementing educator-led interventions for both individual students and groups of students (that are carried out directly with students), fostering changes in educators' instructional practices, or redesigning learning environments. Additionally, we ask applicants to ensure that their proposed approach fits into existing school- or district-level strategies to improve students' learning outcomes.

    We also include a priority that requires applicants to design projects that improve academic outcomes or learning environments for High-need Students. Persistent and significant gaps exist between High-need Students and their more advantaged peers, and this competition seeks to expand approaches that help ensure that all students succeed academically and learn essential life skills that support their success in college and their career.

    Priorities: This competition includes two absolute priorities. We are establishing Absolute Priority 1 for the FY 2015 Skills for Success competition and any subsequent year in which we make awards from the list of unfunded applicants from this competition, in accordance with section 437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1). Absolute Priority 2 is from the Department's notice of final supplemental priorities and definitions (Supplemental Priorities), published in the Federal Register on December 10, 2014 (79 FR 73425).

    Absolute Priorities: These priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we consider only applications that meet these priorities.

    These priorities are:

    Absolute Priority 1—Developing Non-Cognitive Skills in Middle-Grades Students

    Under this priority we provide funding to projects that implement, refine, and evaluate existing tools and approaches that encourage the development of non-cognitive skills for students in grades 5-8. Such tools and approaches may be designed to encourage the development of growth mindsets, resilience, and self-control, among other attributes. Applicants must demonstrate how their proposed approach would develop students' non-cognitive skills and fit into existing school- or district-level improvement strategies. Projects will share their learnings with other LEAs.

    Absolute Priority 2—Supporting High-Need Students

    Under this priority we provide funding to projects that are designed to improve academic outcomes, learning environments, or both, for High-need Students.

    Definitions: The following definitions are from 34 CFR 77.1, the Supplemental Priorities, and section 9101 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7801), and apply to the priorities and selection criteria in this notice. The source of each definition is noted in parentheses following the text of the definition.

    High-minority school means a school as that term is defined by an LEA, which must define the term in a manner consistent with its State's Teacher Equity Plan, as required by section 1111(b)(8)(C) of the ESEA. The applicant must provide the definition(s) of High-minority Schools used in its application. (Supplemental Priorities)

    High-need students means students who are at risk of educational failure or otherwise in need of special assistance and support, such as students who are living in poverty, who attend High-minority Schools, who are far below grade level, who have left school before receiving a Regular High School Diploma, who are at risk of not graduating with a diploma on time, who are homeless, who are in foster care, who have been incarcerated, who have disabilities, or who are English learners. (Supplemental Priorities)

    Local educational agency means (a) In general—a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

    (b) Administrative control and direction—The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.

    (c) BIA schools—The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.

    (d) Educational service agencies—The term includes educational service agencies and consortia of those agencies.

    (e) State educational agency—The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools. (ESEA)

    Logic model (also referred to as theory of action) means a well-specified conceptual framework that identifies key components of the proposed process, product, strategy, or practice (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the relationships among the key components and outcomes, theoretically and operationally. (34 CFR 77.1)

    Nonprofit, as applied to an agency, organization, or institution, means that it is owned and operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity. (34 CFR 77.1)

    Quasi-experimental design study means a study using a design that attempts to approximate an experimental design by identifying a comparison group that is similar to the treatment group in important respects. These studies, depending on design and implementation, can meet What Works Clearinghouse Evidence Standards with reservations (but not What Works Clearinghouse Evidence Standards without reservations). (34 CFR 77.1)

    Randomized controlled trial means a study that employs random assignment of, for example, students, teachers, classrooms, schools, or districts to receive the intervention being evaluated (the treatment group) or not to receive the intervention (the control group). The estimated effectiveness of the intervention is the difference between the average outcomes for the treatment group and for the control group. These studies, depending on design and implementation, can meet What Works Clearinghouse Evidence Standards without reservations. (34 CFR 77.1)

    Regular high school diploma means the standard high school diploma that is awarded to students in the State and that is fully aligned with the State's academic content standards or a higher diploma and does not include a General Education Development credential, certificate of attendance, or any alternative award. (Supplemental Priorities)

    Relevant outcome means the student outcome(s) (or the ultimate outcome if not related to students) the proposed process, product, strategy, or practice is designed to improve; consistent with the specific goals of a program. (34 CFR 77.1)

    Strong theory means a rationale for the proposed process, product, strategy, or practice that includes a Logic Model. (34 CFR 77.1)

    What Works Clearinghouse Evidence Standards means the standards set forth in the What Works Clearinghouse Procedures and Standards Handbook (Version 3.0, March 2014), which can be found at the following link: http://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19. (34 CFR 77.1)

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities and requirements. Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from rulemaking requirements, regulations governing the first grant competition under a new or substantially revised program authority. This is the first grant competition for this program under 20 U.S.C. 7243-7243c and therefore qualifies for this exemption. In order to ensure timely grant awards, the Secretary has decided to forego public comment on Absolute Priority 1 and the Eligible Applicants requirement under section 437(d)(1) of GEPA. This priority and this requirement will apply to the FY 2015 grant competition and any subsequent year in which we make awards from the list of unfunded applications for this competition.

    Program Authority:

    20 U.S.C. 7243-7243c.

    Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. (d) The Supplemental Priorities (79 FR 73425).

    Note:

    The regulations in 34 CFR part 86 apply to IHEs only.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $2,000,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2016 or later years from the list of unfunded applicants from this competition.

    Estimated Range of Awards: $400,000-600,000 per year.

    Estimated Average Size of Awards: $500,000 per year.

    Funding for the second and third years is subject to the availability of funds and the approval of continuation awards (see 34 CFR 75.253).

    Estimated Number of Awards: 4-5.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: 12-36 months.

    III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible to apply for Skills for Success grants:

    (a) An LEA.

    (b) An LEA in partnership with—

    (1) A nonprofit;

    (2) An IHE; or

    (3) Other LEAs.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: www2.ed.gov/programs/skillssuccess/index.html. To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794.

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application package from ED Pubs, be sure to identify this program or competition as follows: CFDA number 84.215H.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person listed under Accessible Format in section VIII of this notice.

    2. a. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.

    Deadline for Notice of Intent to Apply: June 29, 2015.

    We will be able to develop a more efficient process for reviewing grant applications if we know the approximate number of applicants that intend to apply for funding under this competition. Therefore, the Secretary strongly encourages each potential applicant to notify us of the applicant's intent to submit an application by completing a Web-based form. Applicants may access this form online at https://www.surveymonkey.com/r/VB5L3BR. Applicants that do not complete this form may still submit an application. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. Applicants submitting an application should limit the application narrative to no more than 25 pages. Applicants also are strongly encouraged not to include lengthy appendices for the application that contain information that they were unable to include in the narrative. Applicants should use the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The page limit for the application does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support for the application.

    b. Submission of Proprietary Information:

    Given the types of projects that may be proposed in applications for the Skills for Success Program, some applications may include business information that applicants consider proprietary. The Department's regulations define “business information” in 34 CFR 5.11.

    We plan on posting the application narrative section of funded Skills for Success applications on the Department's Web site, so you may wish to request confidentiality of business information. Identifying proprietary information in the submitted application will help facilitate this public disclosure process.

    Consistent with Executive Order 12600, please designate in your application any information that you feel is exempt from disclosure under Exemption 4 of the Freedom of Information Act. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

    3. Submission Dates and Times:

    Applications Available: June 11, 2015.

    Deadline for Notice of Intent to Apply: June 29, 2015.

    Date of Informational Meeting: We intend to hold a Webinar to provide technical assistance to interested applicants on June 24, 2015. You may obtain detailed information regarding this meeting on the Skills for Success Web site at www2.ed.gov/programs/skillssuccess/index.html.

    Deadline for Transmittal of Applications: July 29, 2015.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: September 28, 2015.

    4. Intergovernmental Review: This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants for the Skills for Success Program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for Skills for Success grants, CFDA number 84.215H, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Skills for Success Program at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.215, not 84.215H).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because--

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Kelly Terpak, U.S. Department of Education, 400 Maryland Avenue SW., Room 4C107, Washington, DC 20202-5930. FAX: (202) 205-5631.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address:

    U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215H), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address:

    U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215H), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are from 34 CFR 75.210, and are listed below. The points assigned to each criterion are indicated in the parentheses next to the criterion. An applicant may earn up to a total of 100 points based on the selection criteria for the application.

    A. Significance. (up to 20 points)

    The Secretary considers the significance of the proposed project. In determining the significance of the proposed project, the Secretary considers the following factors:

    1. The likely utility of the products (such as information, materials, processes, or techniques) that will result from the proposed project, including the potential for their being used effectively in a variety of other settings.

    2. The extent to which the proposed project involves the development or demonstration of promising new strategies that build on, or are alternatives to, existing strategies.

    3. The potential contribution of the proposed project to the development and advancement of theory, knowledge, and practices in the field of study.

    B. Quality of the project design. (up to 45 points)

    The Secretary considers the quality of the design of the proposed project. In determining the quality of the design of the proposed project, the Secretary considers the following factors:

    1. The extent to which the proposed project is supported by Strong Theory.

    2. The extent to which the proposed project represents an exceptional approach to the priority or priorities established for the competition.

    3. The extent to which the proposed activities constitute a coherent, sustained program of research and development in the field, including, as appropriate, a substantial addition to an ongoing line of inquiry.

    4. The extent to which performance feedback and continuous improvement are integral to the design of the proposed project.

    C. Quality of the management plan. (up to 15 points)

    The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers the following factors:

    1. The adequacy of procedures for ensuring feedback and continuous improvement in the operation of the proposed project.

    2. The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks.

    3. The relevance and demonstrated commitment of each partner in the proposed project to the implementation and success of the project.

    D. Quality of the project evaluation. (up to 20 points)

    The Secretary considers the quality of the evaluation to be conducted of the proposed project. In determining the quality of the evaluation, the Secretary considers the following factors:

    1. The extent to which the methods of evaluation provide for examining the effectiveness of project implementation strategies.

    2. The extent to which the evaluation will provide guidance about effective strategies suitable for replication or testing in other settings.

    3. The extent to which the methods of evaluation will provide performance feedback and permit periodic assessment of progress toward achieving intended outcomes.

    4. The extent to which the methods of evaluation will, if well-implemented, produce evidence about the project's effectiveness that would meet the What Works Clearinghouse Evidence Standards with reservations.

    Note:

    Applicants may wish to review the following technical assistance resources on evaluation:

    (1) WWC Procedures and Standards Handbook: http://ies.ed.gov/ncee/wwc/references/idocviewer/doc.aspx?docid=19&tocid=1; and (2) IES/NCEE Technical Methods papers: http://ies.ed.gov/ncee/tech_methods. In addition, we invite applicants to view two Webinar recordings that were hosted by the Institute of Education Sciences (IES). The first Webinar addresses strategies for designing and executing well-designed Quasi-experimental Design Studies. This Webinar is available at: http://ies.ed.gov/ncee/wwc/news.aspx?sid=23. The second Webinar focuses on more rigorous evaluation designs, including strategies for designing and executing Randomized Controlled Trials. This Webinar is available at: http://ies.ed.gov/ncee/wwc/news.aspx?sid=18.

    2. Review and Selection Process: Peer reviewers will review all applications eligible for Skills for Success grants that are submitted by the established deadline.

    We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Special Conditions: Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: We have established two performance measures for the Skills for Success grants.

    (1) The percentage of grantees that demonstrate improvement in participating students' academic and behavioral outcomes.

    (2) The percentage of grantees that demonstrate that at least one tool or approach for enhancing participating students' non-cognitive skills is effective; refined, if necessary; and validated.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; Whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Kelly Terpak, U.S. Department of Education, 400 Maryland Avenue SW., Room 4C107, Washington, DC 20202-5930. Telephone: (202) 205-5231. FAX: (202) 205-5631.

    If you use a TDD or a TTY, call the Federal Relay Service, toll free, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: June 4, 2015. Nadya Chinoy Dabby, Assistant Deputy Secretary for Innovation and Improvement.
    [FR Doc. 2015-14081 Filed 6-8-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Federal Need Analysis Methodology for the 2016-17 Award Year—Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, William D. Ford Federal Direct Loan, Iraq and Afghanistan Service Grant and TEACH Grant Programs Correction

    In notice document 2015-12803 beginning on page 30217 in the issue of Wednesday, May 27, 2015, make the following correction:

    On page 30220, the table titled “INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE” is corrected in part to read as follows:

    Independent Students With Dependents Other Than a Spouse—Continued If the age of the student is And they are Married Single Then the education savings and asset
  • protection allowance is
  • *         *         *         *         *         *         * 64 10,400 5,700 *         *         *         *         *         *         *
    [FR Doc. C1-2015-12803 Filed 6-8-15; 8:45 am] BILLING CODE 1505-01-D
    DEPARTMENT OF ENERGY [Certification Notice—235] Notice of Filing of Self-Certification of Coal Capability Under the Powerplant and Industrial Fuel Use Act AGENCY:

    Office of Electricity Delivery and Energy Reliability, DOE.

    ACTION:

    Notice of filing.

    SUMMARY:

    On April 30, 2015, Pio Pico Energy Center, LLC, as owner and operator of a new base load electric powerplant, submitted a coal capability self-certification to the Department of Energy (DOE) pursuant to § 201(d) of the Powerplant and Industrial Fuel Use Act of 1978 (FUA), as amended, and DOE regulations. FUA and regulations thereunder require DOE to publish a notice of filing of self-certification in the Federal Register. 42 U.S.C. 8311(d) and 10 CFR 501.61(c).

    ADDRESSES:

    Copies of coal capability self-certification filings are available for public inspection, upon request, in the Office of Electricity Delivery and Energy Reliability, Mail Code OE-20, Room 8G-024, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Lawrence at (202) 586-5260.

    SUPPLEMENTARY INFORMATION:

    Title II of FUA, as amended (42 U.S.C. 8301 et seq.), provides that no new base load electric powerplant may be constructed or operated without the capability to use coal or another alternate fuel as a primary energy source. Pursuant to FUA in order to meet the requirement of coal capability, the owner or operator of such a facility proposing to use natural gas or petroleum as its primary energy source shall certify to the Secretary of Energy (Secretary) prior to construction, or prior to operation as a base load electric powerplant, that such powerplant has the capability to use coal or another alternate fuel. Such certification establishes compliance with FUA section 201(a) as of the date it is filed with the Secretary. 42 U.S.C. 8311.

    The following owner of a proposed new base load electric powerplant has filed a self-certification of coal-capability with DOE pursuant to FUA section 201(d) and in accordance with DOE regulations in 10 CFR 501.60 and 501.61:

    OWNER: Pio Pico Energy Center, LLC CAPACITY: 313 megawatts (MW) PLANT LOCATION: Pio Pico Energy Center, LLC, 7363 Calzada De La Fuente, San Diego, CA 92154 IN-SERVICE DATE: Approximately September 30, 2016 Issued in Washington, DC, on June 3, 2015. Brian Mills, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability.
    [FR Doc. 2015-14059 Filed 6-8-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-1810-000] Dillon Power, LLC; Supplemental Notice that Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Dillon Power, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is June 22, 2015.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 2, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14017 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-150-000.

    Applicants: Banco Santander, S.A., Tonopah Solar I, LLC.

    Description: Application for Authorization for Disposition of Jurisdictional Facilities and Requests for Confidential Treatment, Expedited Consideration, and Waivers of Banco Santander, S.A., et al.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5507.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: EC15-151-000.

    Applicants: Pilot Hill Wind, LLC.

    Description: Application Pursuant to Section 203 of the Federal Power Act of Pilot Hill Wind, LLC for Authorization for Disposition of Jurisdictional Facilities and Request for Expedited Action.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5432.

    Comments Due: 5 p.m. ET 6/22/15.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG15-90-000.

    Applicants: Adelanto Solar, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Adelanto Solar, LLC.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5535.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: EG15-91-000.

    Applicants: Adelanto Solar II, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Adelanto Solar II, LLC.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5536.

    Comments Due: 5 p.m. ET 6/19/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2977-005.

    Applicants: Mesquite Power, LLC.

    Description: Supplement to May 5, 2015 Notice of Non-Material Change in Status of Mesquite Power, LLC.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5409.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER12-778-002.

    Applicants: Puget Sound Energy, Inc.

    Description: Compliance filing per 35: Attachment H-1 Formula TX Rate Compliance Filing to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5117.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER12-1179-023.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing per 35: Compliance Filing in ER12-1179—Bid Limit for TCR Auction to be effective N/A.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5125.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER12-2414-003.

    Applicants: New York Independent System Operator, Inc.

    Description: Compliance filing per 35: Compliance filing revision of BSM Rules to be effective 6/22/2012.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5128.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER13-1928-004.

    Applicants: Duke Energy Progress, Inc., Duke Energy Carolinas, LLC.

    Description: Compliance filing per 35: Order No. 1000 Interregional—SERTP & PJM to be effective 1/1/2015.

    Filed Date: 5/26/15.

    Accession Number: 20150526-5302.

    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER14-2518-003.

    Applicants: New York Independent System Operator, Inc.

    Description: Compliance filing per 35: Outage States compliance with 4/30/15 order to be effective 5/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5127.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-704-003.

    Applicants: Pacific Gas and Electric Company.

    Description: Compliance filing per 35: Compliance Filing to Revise CCSF WDT SA Appendices B, C and D to be effective 7/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5124.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1152-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing per 35: Compliance Filing in ER15-1152—Transitional ARR Allocation Process to be effective 5/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5104.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1404-001.

    Applicants: Mississippi Power Company.

    Description: Compliance filing per 35: MRA 26 Rate Case Compliance Filing to be effective 4/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5126.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1475-001.

    Applicants: North Star Solar, LLC.

    Description: Supplement to May 1, 2015 North Star Solar, LLC tariff filing amendment.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5419.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1821-000.

    Applicants: J. Aron & Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Category 1 Seller Request for Central to be effective 5/30/2015.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5449.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: ER15-1822-000.

    Applicants: NorthWestern Corporation.

    Description: Initial rate filing per 35.12 SA 743—Agreement with Montana Environmental Trust Group to be effective 6/1/2015.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5450.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: ER15-1823-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Western WDT May 2015 Biannual Filing to be effective 8/1/2015.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5474.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: ER15-1824-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Western IA May 2015 Biannual Filing to be effective 8/1/2015.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5475.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: ER15-1825-000.

    Applicants: California Independent System Operator Corporation.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-05-28 RSI Phase 1A Tariff Amendment to be effective 1/10/2016.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5477.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: ER15-1826-000.

    Applicants: Entergy Services, Inc.

    Description: Ninth Annual filing implementing Service Schedule MSS-3 Rough Production Cost Equalization Bandwidth Calculation of Entergy Services, Inc. on behalf of the Entergy Operating Companies.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5499.

    Comments Due: 5 p.m. ET 6/19/15.

    Docket Numbers: ER15-1827-000.

    Applicants: Southwest Power Pool, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 1148R21 American Electric Power NITSA and NOA to be effective 5/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5101.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1828-000.

    Applicants: Fenton Power Partners I, LLC.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Market-Based Rate Tariff Revision & Request for Notice Requirement Waiver to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5102.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1829-000.

    Applicants: Hoosier Wind Project, LLC.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Market-Based Rate Tariff Revision & Request for Notice Requirement Waiver to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5107.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1830-000.

    Applicants: Wapsipinicon Wind Project, LLC.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Market-Based Rate Tariff Revision & Request for Notice Requirement Waiver to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5108.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1831-000.

    Applicants: AEP Texas Central Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): TCC-TNC-Brazos Electric Power Cooperative Amend & Restated TSA to be effective 5/5/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5112.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1832-000.

    Applicants: AEP Texas North Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): TCC-TNC-Brazos Electric Cooperative Amend & Restated TSA Concurrence to be effective 5/5/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5114.

    Comments Due: 5 p.m. ET 6/22/15.

    Docket Numbers: ER15-1833-000.

    Applicants: Duke Energy Indiana, Inc.

    Description: Tariff Withdrawal per 35.15: Cancellation of DMOC Tariff Volume No. 6 and No. 7 to be effective 8/1/2015.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5009.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1834-000.

    Applicants: Duke Energy Ohio, Inc.

    Description: Tariff Withdrawal per 35.15: Cancellation of DMOC Tariff Volume No. 6 and No. 7 to be effective 8/1/2015.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5011.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1835-000.

    Applicants: New York Independent System Operator, Inc., Niagara Mohawk Power Corporation.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): NMPC—Fortistar LGIA SA No. 2220 to be effective 6/1/2015.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5018.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1836-000.

    Applicants: PPL Electric Utilities Corporation.

    Description: Notice of Cancellation of Interconnection Agreements of PPL Electric Utilities Corporation.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5500.

    Comments Due: 5 p.m. ET 6/19/15.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES15-31-000.

    Applicants: Ameren Transmission Company of Illinois.

    Description: Application for Authorization under Federal Power Act Section 204 of Ameren Transmission Company of Illinois.

    Filed Date: 5/29/15.

    Accession Number: 20150529-5531.

    Comments Due: 5 p.m. ET 6/19/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 2, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14014 Filed 6-8-15; 08:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP15-773-000.

    Applicants: Trailblazer Pipeline Company LLC.

    Description: Annual Incidental Purchases and Sales Report of Trailblazer Pipeline Company LLC under RP15-773.

    Filed Date: 3/30/15.

    Accession Number: 20150330-5578.

    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: RP15-805-000.

    Applicants: Vector Pipeline L. P.

    Description: Annual Fuel Use Report of Vector Pipeline L. P. under RP15-805.

    Filed Date: 3/31/15.

    Accession Number: 20150331-5475.

    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: RP15-1029-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate Agmt (Vanguard 597, 598 to Tenaska 1728, 1729) to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5091.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1030-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate Agmt (Encana 37663 to BP 44703) to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5092.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1031-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate Agmts (CenterPoint(various) to BP(various) eff June 1) to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5093.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1032-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate Agmt (Willmut 35221 to BP 44724) to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5094.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1033-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate Agmts (Atlanta Gas 8438 to Various eff 6/1/15) to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5095.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1034-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Section 4(d) rate filing per 154.204: Amendments to Neg Rate Agmts (QEP 36601-43, 37657-153) to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5096.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1035-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: Section 4(d) rate filing per 154.204: Negotiated Rate Filing—June 2015- ANR 4026 Removal to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5097.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1036-000.

    Applicants: TC Offshore LLC.

    Description: Section 4(d) rate filing per 154.204: Arena Amended Neg Rate Agmt to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5098.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1037-000.

    Applicants: Discovery Gas Transmission LLC.

    Description: Section 4(d) rate filing per 154.403(d)(2): 2015 FL&U Submittal to be effective 7/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5103.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1038-000.

    Applicants: Dominion Transmission, Inc.

    Description: Section 4(d) rate filing per 154.204: DTI—June 1, 2015 Nonconforming Service Agreements to be effective 7/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5105.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1039-000.

    Applicants: Eastern Shore Natural Gas Company.

    Description: Section 4(d) rate filing per 154.204: Fuel Retention and Cash Out Adjustment Filing to be effective 7/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5116.

    Comments Due: 5 p.m. ET 6/15/15.

    Docket Numbers: RP15-1040-000.

    Applicants: Equitrans, L.P.

    Description: Section 4(d) rate filing per 154.204: Negotiated Capacity Release Agreements- 6/1/2015 to be effective 6/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5123.

    Comments Due: 5 p.m. ET 6/15/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Filings in Existing Proceedings

    Docket Numbers: RP15-618-002.

    Applicants: Discovery Gas Transmission LLC.

    Description: Compliance filing per 154.203: Gas Quality Compliance Filing to be effective 7/1/2015.

    Filed Date: 6/1/15.

    Accession Number: 20150601-5100.

    Comments Due: 5 p.m. ET 6/15/15.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 2, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14025 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-1841-000] Panda Liberty LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding Panda Liberty LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is June 23, 2015.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 3, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14024 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-1676-000] Balko Wind Transmission, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Balko Wind Transmission, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is June 22, 2015.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 2, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14016 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-1837-000.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Illinois Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-06-02_SA 2782 ATXI-AIC Construction Agreement to be effective 6/2/2015.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5108.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1838-000.

    Applicants: New England Power Company, Massachusetts Electric Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Amended Service Agmt with Paxton Municipal Light Dept. & Notice Waiver Request to be effective 4/1/2015.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5150.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1839-000.

    Applicants: Interstate Power and Light Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): IPL Change in Depreciation Rates for Wholeasle Production Service to be effective 7/1/2015.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5158.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1840-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): CDWR WPA Regarding Wind Gap Pre-Energization Testing to be effective 6/1/2015 under ER15-1840 Filing Type: 10.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5159.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1841-000.

    Applicants: Panda Liberty LLC.

    Description: Initial rate filing per 35.12 FERC Electric Tariff, Volume No. 1 (MBR Application) to be effective 7/17/2015 under ER15-1841 Filing Type: 400.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5161.

    Comments Due: 5 p.m. ET 6/23/15.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RR15-11-000.

    Applicants: North American Electric Reliability Corporation.

    Description: Request of the North American Electric Reliability Corporation for Approval of the Amended Compliance and Certification Committee Charter.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5107.

    Comments Due: 5 p.m. ET 6/23/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 2, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14015 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-152-000.

    Applicants: American Transmission Company LLC.

    Description: Application for Authority to Acquire Transmission Facilities of American Transmission Company LLC.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5199.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: EC15-153-000.

    Applicants: PowerOne Corporation, ResCom Energy LLC.

    Description: Application under Section 203 of ResCom Energy LLC, et al.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5204.

    Comments Due: 5 p.m. ET 6/23/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2437-002.

    Applicants: Arizona Public Service Company.

    Description: Arizona Public Service Company Notice of Non-Material Change in Status.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5200.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER10-2740-008; ER10-2742-006.

    Applicants: Rocky Road Power, LLC, Tilton Energy LLC.

    Description: Notice of Change in Status of Rocky Road Power, LLC, et al.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5193.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1364-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-06-03_SA 768 Compliance ATC-UPPCo Bill of Sales to be effective N/A.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5034.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1366-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-06-03_SA 2761 Compliance ATC-UPPCo CFA to be effective N/A.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5039.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1368-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-06-03_SA 2762 Compliance ATC-UPPCo PCA to be effective N/A.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5043.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1408-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-06-03_SA 2768 Compliance ATC-City of Plymouth CFA to be effectiveN/A.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5065.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1842-000.

    Applicants: Southern California Edison Company.

    Description: Tariff Withdrawal per 35.15: Notice of Cancellation FTSA with M-S-R to be effective 6/1/2015.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5006.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1843-000.

    Applicants: NextEra Energy, Inc.

    Description: Petition for Waiver of Affiliate Pricing Rules of NextEra Energy, Inc. under ER15-1843.

    Filed Date: 6/2/15.

    Accession Number: 20150602-5201.

    Comments Due: 5 p.m. ET 6/23/15.

    Docket Numbers: ER15-1844-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Original WMPA Service Agreement 4159; Queue AA1-131 to be effective 5/26/2015.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5048.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1845-000.

    Applicants: New York Independent System Operator, Inc., Consolidated Edison Company of New York, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): O&R Con Ed-Ramapo Interconnection Agreement (SA 2216) to be effective 6/4/2015.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5089.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1846-000.

    Applicants: New York Independent System Operator, Inc., Consolidated Edison Company of New York, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): SA 2217 O&R Con Ed-Sugarloaf interconnection agreement to be effective 6/4/2015.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5091.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1847-000.

    Applicants: Tucson Electric Power Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Re-collation Filing to be effective 6/3/2015.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5128.

    Comments Due: 5 p.m. ET 6/24/15.

    Docket Numbers: ER15-1848-000.

    Applicants: RTO Energy Trading, LLC.

    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of Market-Based Rate Tariff to be effective 6/30/2015.

    Filed Date: 6/3/15.

    Accession Number: 20150603-5131.

    Comments Due: 5 p.m. ET 6/24/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: June 3, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-14023 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff may attend the following meetings related to the transmission planning activities of the PJM Interconnection, L.L.C. (PJM):

    PJM Planning CommitteeJune 11, 2015, 9:30 a.m.-12:00 p.m. (EST).

    PJM Transmission Expansion Advisory CommitteeJune 11, 2015, 11:00 a.m.-3:00 p.m. (EST).

    The above-referenced meetings will be held at: PJM Conference and Training Center, PJM Interconnection, 2750 Monroe Boulevard, Audubon, PA 19403.

    The above-referenced meetings are open to stakeholders.

    Further information may be found at www.pjm.com.

    The discussions at the meeting described above may address matters at issue in the following proceedings:

    Docket Nos. ER15-738 and ER15-739, PJM Interconnection, L.L.C. Docket Nos. ER15-596, PJM Interconnection, L.L.C. Docket Nos. ER15-33, et al., The Dayton Power and Light Company Docket No. ER15-994, PJM Interconnection, L.L.C. Docket No. ER15-639, PJM Interconnection, L.L.C. Docket No. ER15-61, PJM Interconnection, L.L.C. and American Transmission Systems Incorporated Docket No. ER14-2867, Baltimore Gas & Electric Company, et al., and PJM Interconnection, L.L.C. Docket No. ER14-972 and ER14-1485, PJM Interconnection, L.L.C. Docket No. ER14-1485, PJM Interconnection, L.L.C. Docket No. ER14-2864, PJM Interconnection, L.L.C. Docket No. ER13-90, Public Service Electric and Gas Company and PJM Interconnection, L.L.C. Docket No. ER13-198, PJM Interconnection, L.L.C. Docket No. ER13-1960, ISO New England Inc. and New England Power Pool Participants Committee Docket No. ER13-1957, ISO New England, Inc. et al. Docket No. ER13-195, Indicated PJM Transmission Owners Docket No. ER13-1947, PJM Interconnection, L.L.C. Docket No. ER13-1946, New York Independent System Operator, Inc. Docket No. ER13-1945, Midcontinent Independent System Operator, Inc. Docket No. ER13-1944, PJM Interconnection, L.L.C. Docket No. ER13-1943, Midcontinent Independent System Operator, Inc. Docket No. ER13-1942, New York Independent System Operator, Inc. Docket No. ER13-1926, PJM Interconnection, L.L.C. and Duquesne Light Company Docket No. ER13-1924, PJM Interconnection, L.L.C. and Duquesne Light Company Docket No. ER15-1344, PJM Interconnection, L.L.C. Docket No. ER15-1387, PJM Transmission Owners Docket No. EL15-40, Public Service Electric and Gas Company v. PJM Interconnection, L.L.C. Docket No. EL15-18, Consolidated Edison Company of New York, Inc. v. PJM Interconnection, L.L.C. Docket EL15-41, Essential Power Rock Springs, LLC et. al. v. PJM Interconnection, L.L.C.

    For more information, contact the following: Jonathan Fernandez, Office of Energy Market Regulation, Federal Energy Regulatory Commission, (202) 502-6604, [email protected];Alina Halay, Office of Energy Market Regulation, Federal Energy Regulatory Commission, (202) 502-6474, [email protected].

    Dated: June 3, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-14106 Filed 6-8-15; 8:45 am] BILLING CODE 6717-01-P
    FEDERAL COMMUNICATIONS COMMISSION Radio Broadcasting Services; AM or FM Proposals To Change The Community of License AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    The following applicants filed AM or FM proposals to change the community of license: Brown, William W, Station KWXM, Facility Id 190441, BMPH-20150507AAQ, From Homer, LA, To Simsboro, LA; Jackson Hole Broadcasting, Inc., Station KJNT, Facility Id 161525, BP-20150213ADN, From Jackson, WY, To Etna, WY; Kona Coast Radio, LLC, Station KIIQ, Facility Id 85056, BPH-20150406ACS, From Limon, CO, To Deer Trail, CO; Lazer Licenses, LLC, Station KXSM, Facility Id 34526, BPH-20150506ACG, From Hollister, CA, To Chualar, CA; Point Five LLC, Station New, Facility Id 191522, BMPH-20150507ACA, From Barstow, CA, To Kramer Junction, CA.

    DATES:

    The agency must receive comments on or before August 10, 2015.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Tung Bui, 202-418-2700.

    SUPPLEMENTARY INFORMATION:

    The full text of these applications is available for inspection and copying during normal business hours in the Commission's Reference Center, 445 12th Street SW., Washington, DC 20554 or electronically via the Media Bureau's Consolidated Data Base System, http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm.

    Federal Communications Commission. James D. Bradshaw, Deputy Chief, Audio Division Media Bureau.
    [FR Doc. 2015-13999 Filed 6-8-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0349] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written PRA comments should be submitted on or before August 10, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email to [email protected] and to [email protected].

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0349.

    Title: Equal Employment Opportunity (“EEO”) Policy, Sections 73.2080, 76.73, 76.75, 76.79 and 76.1702.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities; Not-for-profit institutions.

    Number of Respondents and Responses: 14,178 respondents and 14,178 responses.

    Estimated Time per Response: 42 hours.

    Frequency of Response: Recordkeeping requirement; Annual and five-year reporting requirements.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 CFR 154(i) and 303 of the Communications Act of 1934, as amended.

    Total Annual Burden: 595,476 hours.

    Total Annual Costs: None.

    Privacy Impact Assessment(s): No impacts.

    Nature and Extent of Confidentiality: There is no need for confidentiality and respondents are not being asked to submit confidential information to the Commission.

    Needs and Uses: Section 73.2080 provides that equal opportunity in employment shall be afforded by all broadcast stations to all qualified persons and no person shall be discriminated against in employment by such stations because of race, color, religion, national origin or sex.

    Section 73.2080 requires that each broadcast station employment unit with 5 or more full-time employees shall establish, maintain and carry out a program to assure equal opportunity in every aspect of a broadcast station's policy and practice.

    Section 76.73 provides that equal opportunity in employment shall be afforded by all multichannel video program distributors (“MVPD”) to all qualified persons and no person shall be discriminated against in employment by such entities because of race, color, religion, national origin, age or sex.

    Section 76.75 requires that each MVPD employment unit shall establish, maintain and carry out a program to assure equal opportunity in every aspect of an MVPD entity's policy and practice.

    Section 76.79 requires that every MVPD employment unit maintain, for public inspection, a file containing copies of all annual employment reports and related documents.

    Section 76.1702 requires that every MVPD place certain information concerning its EEO program in the public inspection file and on its Web site if it has a Web site.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2015-14071 Filed 6-8-15; 8:45 am] BILLING CODE 6712-01-P
    BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Renewal of a Currently Approved Collection; Comment Request; Prohibition on Funding of Unlawful Internet Gambling AGENCY:

    Board of Governors of the Federal Reserve System (“Board”) and Departmental Offices, Department of the Treasury (“Treasury”) (collectively, the “Agencies”).

    ACTION:

    Joint notice and request for comment.

    SUMMARY:

    The Agencies are soliciting comments concerning the currently approved recordkeeping requirements associated with a joint rule, which is being renewed without change, implementing the Unlawful Internet Gambling Enforcement Act of 2006 (the “Act”). This notice is published jointly by the Agencies as part of their continuing effort to reduce paperwork and respondent burden. The public and other Federal agencies are invited to take this opportunity to comment on this information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES:

    Comments must be submitted on or before August 10, 2015.

    ADDRESSES:

    Interested parties are invited to submit written comments to either or both of the Agencies. All comments, which should refer to the Office of Management and Budget (OMB) control numbers, will be shared between the Agencies. Direct all written comments as follows:

    Board: You may submit comments, identified by OMB control no. 7100-0317, by any of the following methods:

    Agency Web site: http://www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.

    Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Email: [email protected] Include docket number in the subject line of the message.

    FAX: 202/452-3819 or 202/452-3102.

    Mail: Robert deV Frierson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

    All public comments are available from the Board's Web site at http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room MP-500 of the Board's Martin Building (20th and C Streets NW.) between 9:00 a.m. and 5:00 p.m. on weekdays.

    Treasury: You may submit comments, identified by OMB control no. 1505-0204, by regular mail to Martha Chacon, Staff Assistant, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Room 2000, Washington, DC 20220. In addition, comments may be sent by fax to (202) 622-1974, or by electronic mail to [email protected] In general, the Treasury will make all comments available in their original format, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers, for public inspection and copying in the Treasury library, 1500 Pennsylvania Avenue NW., Washington, DC 20220, on official business days between the hours of 10 a.m. and 5 p.m. You can make an appointment to inspect comments by calling (202) 622-0990. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should only submit comments that you wish to make publicly available.

    Additionally, commenters should send a copy of their comments to the OMB desk officer for the Agencies by mail to the Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235 725 17th Street NW., Paperwork Reduction Project (1505-0204 for Treasury or 7100-0317 for the Board), Washington, DC 20503 or by fax to 202-395-6974.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or a copy of the collection may be obtained by contacting:

    Board: Federal Reserve Board Acting Clearance Officer—Mark Tokarski—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    Treasury: Steven D. Laughton, Deputy Assistant General Counsel (Banking and Finance), (202) 622-8413, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Room 2001, Washington, DC 20220.

    SUPPLEMENTARY INFORMATION: Request for Comment on Information Collection

    The public is invited to submit comments concerning:

    a. Whether the proposed collection of information is necessary for the proper performance of the Agencies' functions; including whether the information has practical utility;

    b. The accuracy of the Agencies' estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;

    c. Ways to enhance the quality, utility, and clarity of the information to be collected;

    d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

    e. Estimates of capital or start up costs and costs of operation, maintenance, and purchase of services to provide information.

    Comments submitted in response to this notice will be shared between the Agencies. All comments received, including attachments and other supporting materials, are part of the public record and will be included in the submission to the Office of Management and Budget (OMB).

    Title: Prohibition on Funding of Unlawful Internet Gambling.

    OMB Control Numbers:

    Board: 7100-0317.

    Treasury: 1505-0204.

    Abstract: On November 18, 2008, the Agencies published a joint notice of final rulemaking in the Federal Register (73 FR 69382) adopting a rule on a prohibition on the funding of unlawful Internet gambling pursuant to the Act. Identical sets of the final joint rule with identically numbered sections were adopted by the Board and the Treasury within their respective titles of the Code of Federal Regulations (12 CFR part 233 for the Board and 31 CFR part 132 for the Treasury). The compliance date for the joint rule was June 1, 2010 (74 FR 62687). The collection of information is set out in sections 5 and 6 of the joint rule.1 Section 5 of the joint rule, as required by the Act, requires all non-exempt participants in designated payment systems to establish and implement written policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit transactions in connection with unlawful Internet gambling.2 Section 6 of the joint rule provides non-exclusive examples of policies and procedures deemed by the Agencies to be reasonably designed to identify and block or otherwise prevent or prohibit transactions restricted by the Act.

    1 Section 802 of the Act requires the Agencies to prescribe joint regulations requiring each designated payment system, and all participants in such systems, to identify and block or otherwise prevent or prohibit restricted transactions through the establishment of policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the acceptance of restricted transactions. 31 U.S.C. 5364(a). Section 802 also requires the Agencies to include in the joint rule non-exclusive examples of reasonably designed policies and procedures. 31 U.S.C. 5364(b).

    2 12 CFR 233.5 and 233.6; and 31 CFR 132.5 and 132.6.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Businesses or other for-profit and not-for-profit organizations.

    Respondent burden: For the purpose of estimating burden and accounting for it with OMB, the total number of depository institutions listed for each Agency includes the number of entities regulated by the Agency and half of the remaining depository institutions and third-party processors. Each Agency is also accounting for the burden for half of the card system operators and money transmitting business operators to which the Agencies estimate the final rule applies.

    Board:

    Estimated number of recordkeepers: 3,039 depository institutions, 3,170 credit unions, 7 card system operators, 10 money transmitting business operators, and 3 new or de novo institutions.

    Estimated average annual burden hours per recordkeeper: Ongoing annual burden of 8 hours per recordkeeper for depository institutions, credit unions, card system operators, and money transmitting business operators. One-time burden of 100 hours for new or de novo institutions.

    Estimated frequency: Annually.

    Estimated total annual recordkeeping burden: Ongoing burden, 49,808 hours and one-time burden, 300 hours.

    Treasury:

    Estimated number of recordkeepers: 3,748 depository institutions, 3,170 credit unions, 7 card system operators, 10 money transmitting business operators, and 3 new or de novo institutions.

    Estimated average annual burden hours per recordkeeper: Ongoing annual burden of 8 hours per recordkeeper for depository institutions, credit unions, card system operators, and money transmitting business operators. One-time burden of 100 hours for new or de novo institutions.

    Estimated frequency: Annually.

    Estimated total annual recordkeeping burden: Ongoing burden, 55,480 hours and one-time burden, 300 hours.

    The Agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.

    By the Board of Governors of the Federal Reserve System on May 27, 2015. Robert deV Frierson, Secretary of the Board. Dated: May 28, 2015.

    By the Department of the Treasury.

    Dawn D. Wolfgang, Treasury PRA Clearance Officer.
    [FR Doc. 2015-14104 Filed 6-8-15; 8:45 am] BILLING CODE 6210-01-P; 4810-25-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 3, 2015.

    A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. National Bank Holdings Corporation, through its subsidiary, NBH Colorado Corporation, both in Greenwood Village, Colorado; to merge with Pine River Bank Corporation, and thereby indirectly acquire Pine River Valley Bank, both in Bayfield, Colorado. Immediately thereafter, NBH Colorado Corporation will merge into National Bank Holdings Corporation. In addition, NBH Colorado Corporation, Greenwood Village, Colorado, also has applied to become a bank holding company.

    Board of Governors of the Federal Reserve System, June 4, 2015. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2015-14075 Filed 6-8-15; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0287; Docket 2015-0001; Sequence 10] Office of Mission Assurance; Information Collection; Background Investigations for Child Care Workers AGENCY:

    Office of Mission Assurance, General Services Administration (GSA).

    ACTION:

    Notice of request for comments regarding an existing OMB information collection.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve a previously approved information collection requirement regarding the collection of personal data for background investigations for child care workers accessing GSA owned and leased controlled facilities.

    DATES:

    Submit comments on or before: August 10, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0287, Background Investigations for Child Care Workers by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0287, Background Investigations for Child Care Workers”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 3090-0287, Background Investigations for Child Care Workers” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 3090-0287, Background Investigations for Child Care Workers.

    Instructions: Please submit comments only and cite Information Collection 3090-0287, Background Investigations for Child Care Workers, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Douglas Baker, Chief Security Officer, Office of Mission Assurance, GSA by telephone at 202-684-5005 or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” requires the implementation of a governmentwide standard for secure and reliable forms of identification for Federal employees and contractors. OMB's implementing instructions requires all contract employees requiring routine access to federally controlled facilities for greater than six (6) months to receive a background investigation. The minimum background investigation is the National Agency Check with Written Inquiries or NACI and the Office of Personnel Management offers a childcare NACI (CNACI).

    However, there is no requirement in the law or HSPD-12 that requires child care employees to be subject to the NACI/CNACI since employees of child care providers are neither government employees nor government contractors. The child care providers are required to complete the criminal history background checks mandated in the Crime Control Act of 1990, Public Law 101-647, dated November 29, 1990, as amended by Public Law 102-190, dated December 5, 1991. These statutes require that each employee of a child care center located in a Federal building or in leased space must undergo a background check.

    According to GSA policy, child care workers (as described above) will need to submit the following:

    1. An original signed copy of a Basic National Agency Check Criminal History, GSA Form 176; and

    2. Two sets of fingerprints on FBI Fingerprint Cards, for FD-87 and/or electronic prints from an enrollment center.

    3. Electronically submit the e-qip (SF85) application for completion of the CNACI.

    This is not a request to collect new information; this is a request to change the form that is currently being used to collect this information. The new GSA forms will be less of a public burden.

    B. Annual Reporting Burden

    Respondents: 1,200.

    Responses per Respondent: 1.

    Hours per Response: 1.

    Total Burden Hours: 1,200.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite Background Investigations for Child Care Workers, in all correspondence.

    Dated: June 3, 2015. David A. Shive, Acting Chief Information Officer.
    [FR Doc. 2015-13995 Filed 6-8-15; 8:45 am] BILLING CODE 6820-23-P
    GOVERNMENT ACCOUNTABILITY OFFICE Physician-focused Payment Model Technical Advisory Committee Nomination Letters AGENCY:

    Government Accountability Office (GAO).

    ACTION:

    Notice on letters of nomination of candidates.

    SUMMARY:

    The Medicare Access and CHIP Reauthorization Act of 2015 established the Physician-Focused Payment Model Technical Advisory Committee to provide comments and recommendations to the Secretary of Health and Human Services on physician payment models, and gave the Comptroller General responsibility for appointing the committee's 11 members. The Advisory Committee members shall include individuals with national recognition for their expertise in physician-focused payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. A member of the committee shall not be an employee of the federal government.

    GAO is accepting nominations of individuals for this committee. For appointments to be made in October 2015, I am announcing the following: Letters of nomination and resumes should be submitted by July 22, 2015 to ensure adequate opportunity for review and consideration of nominees. Acknowledgement of submissions will be provided within two weeks of submission. Please contact Mary Giffin at (202) 512-3710 if you do not receive an acknowledgement.

    ADDRESSES:

    Email: [email protected].

    Mail: ATTN: PTAC Appointments, U.S. GAO, 441 G Street NW., Washington, DC 20548.

    FOR MORE INFORMATION CONTACT:

    GAO Office of Public Affairs, (202) 512-4800.

    Authority:

    Pub. L. 114-10, § 101(e), 129 Stat. 87, 115 (2015).

    Gene L. Dodaro, Comptroller General of the United States.
    [FR Doc. 2015-13983 Filed 6-8-15; 8:45 am] BILLING CODE 1610-02-M
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60-Day 15-15ANC; Docket No. CDC-2015-0044] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a newly proposed information collection entitled “Formative and Summative Evaluation of the National Diabetes Prevention Program”. Mixed methods will be used to describe program performance.

    DATES:

    Written comments must be received on or before August 10, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0044 by any of the following methods: Federal eRulemaking Portal: Regulation.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Formative and Summative Evaluation of the National Diabetes Prevention Program—New—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Diabetes takes a significant toll on the public's health and, subsequently, our nation's health care system. In addition to 29.1 million people in the U.S. population diagnosed with diabetes, CDC estimates that 86 million adults aged 20 or older have prediabetes. Evidence-based lifestyle change programs have proven effective for preventing or delaying the onset of type 2 diabetes. However, several challenges must be addressed to achieve large-scale adoption and implementation of evidence-based lifestyle change programs. Implementation barriers include creating a shared vision among inherently different organizations, managing costs, managing variations in the quality of interventions, and training and appropriate referral of those at risk to lifestyle change programs.

    In response to these challenges, CDC led the development of the National Diabetes Prevention Program (National DPP), a lifestyle change program aimed to increase knowledge and awareness of healthy eating and activities among people at-risk for diabetes. The National DPP funded six grantees to establish and expand “a network of structured, evidence-based lifestyle change programs designed to prevent type 2 diabetes among people at high risk.” Grantees are responsible for sustaining and scaling up the National DPP, which involves establishing evidence-based lifestyle change programs in multiple states and building a system to strategically recruit participants at high risk for diabetes.

    As a central component of the National DPP, grantees promote sites' participation in the CDC's Diabetes Prevention Recognition Program (DPRP). The DPRP recognizes organizations that demonstrate effective delivery of proven type 2 diabetes prevention lifestyle interventions. To sustain the programs beyond the funding period, grantees are responsible for

    • gaining concrete support for delivery sites from insurance companies in the form of reimbursement, and

    • developping delivery sites' capacity to obtain and maintain DPRP recognition, and

    • actively educating employers and insurance companies on the cost savings of including the lifestyle change program as a covered health benefit and reimbursing delivery sites on a pay-for-performance basis.

    The National DPP has the potential for increasing the availability and reach of lifestyle change programs for those at risk for type 2 diabetes, improving the quality of programs and resources offered, and creating sustainable changes in how third-party payers offer and reimburse for programs to ensure that they are available to individuals regardless of their ability to pay.

    CDC plans to collect information needed to evaluate the role of program-level factors on the effectiveness of National DPP efforts and to identify best practices. The best practices will draw from many different implementation strategies and take into account the barriers that arise in a variety of different delivery settings. Specifically, this assessment will reveal the impact of recruitment strategies and delivery models on factors such as reaching targeted demographics and participant completion rates. As a result of the assessment, the successes and challenges experienced by all programs can be used by other organizations to sustain and increase the effectiveness of their own lifestyle change programs. This information is necessary for translating the National DPP into various settings nationwide.

    CDC plans to distribute an assessment tool (spreadsheet) to all six grantees, who will, in turn, disseminate the tool to their partner organizations across 23 states and 2 tribes and tribal organizations. The spreadsheets are a means for grantees and intervention sites to report on program components and progress. Grantees are responsible for completing their specific data collection spreadsheet and for distributing the spreadsheets to their interventions sites. Each grantee will collect information from its intervention sites, collate the site-specific spreadsheet reports into an aggregate grantee report, and submit the aggregate spreadsheet report to the CDC.

    Program coordinators at each intervention site will be asked to describe their intervention, identify barriers and facilitators to implementation, and identify resources used to hold the lifestyle change classes. The estimated burden per response is 30 minutes. Project directors at the grantee level will be asked similar questions about resource use and implementation strategies, but will also be asked to discuss elements related to the reach of their National DPP programs. The estimated burden per response for a grantee is 8 hours.

    CDC will use the information to investigate how to (1) expand the reach and sustainability of the National DPP program, (2) ensure the quality of the program as it is offered within communities, (3) increase referrals, and (4) secure sustained commitment among insurance providers to reimburse organizations providing the program so it is accessible to individuals most in need of this intervention. Finally, CDC will use the information to inform the development of data-driven technical assistance for National DPP grantees and their intervention sites.

    OMB approval is requested for three years, in which there will be two waves of information collection. Wave one will include 110 NDPP Intervention Sites and 6 NDPP Grantees, and wave two will include 120 NDPP Intervention Sites and 6 NDPP Grantees. Over the three-year clearance period, the total burden estimate is based on 73 annualized responses from NDPP Intervention Sites (110 + 120/3) and 4 annualized responses from NDPP Grantees (6 + 6/3).

    Participation is voluntary and there are no costs to respondents other than their time.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden
  • per response
  • (in hrs.)
  • Total burden
  • (in hrs.)
  • NDPP Intervention Sites Spreadsheet for NDPP Intervention Sites 73 1 30/60 37 NDPP FOA Grantees Spreadsheet for NDPP Grantees 4 1 8 32 Total 69
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-13955 Filed 6-8-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: National Child Abuse and Neglect Data System

    OMB No.: 0970-0424.

    Description: The Administration on Children, Youth and Families in the U.S. Department of Health and Human Services (HHS) established the National Child Abuse and Neglect Data System (NCANDS) to respond to the 1988 and 1992 amendments (P.L. 100-294 and P.L. 102-295) to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.), which called for the creation of a coordinated national data collection and analysis program, both universal and case specific in scope, to examine standardized data on false, unfounded, or unsubstantiated reports.

    In 1996, the Child Abuse Prevention and Treatment Act was amended by Public Law 104-235 to require that any state receiving the Basic State Grant work with the Secretary of the Department of Health and Human Services (HHS) to provide specific data on child maltreatment, to the extent practicable. These provisions were retained and expanded upon in the 2010 reauthorization of CAPTA (Pub. L. 111-320).

    Each state to which a grant is made under this section shall annually work with the Secretary to provide, to the maximum extent practicable, a report that includes the following:

    1. The number of children who were reported to the state during the year as victims of child abuse or neglect.

    2. Of the number of children described in paragraph (1), the number with respect to whom such reports were—

    A. substantiated;

    B. unsubstantiated; or

    C. determined to be false.

    3. Of the number of children described in paragraph (2)—

    A. the number that did not receive services during the year under the state program funded under this section or an equivalent state program;

    B. the number that received services during the year under the state program funded under this section or an equivalent state program; and

    C. the number that were removed from their families during the year by disposition of the case.

    4. The number of families that received preventive services, including use of differential response, from the state during the year.

    5. The number of deaths in the state during the year resulting from child abuse or neglect.

    6. Of the number of children described in paragraph (5), the number of such children who were in foster care.

    7. A. The number of child protective service personnel responsible for the—

    i. intake of reports filed in the previous year;

    ii. screening of such reports;

    iii. assessment of such reports; and

    iv. investigation of such reports.

    B. The average caseload for the workers described in subparagraph (A).

    8. The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect.

    9. The response time with respect to the provision of services to families and children where an allegation of child abuse or neglect has been made.

    10. For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the state—

    A. information on the education, qualifications, and training requirements established by the state for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions;

    B. data of the education, qualifications, and training of such personnel;

    C. demographic information of the child protective service personnel; and

    D. information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor.

    11. The number of children reunited with their families or receiving family preservation services that, within five years, result in subsequent substantiated reports of child abuse or neglect, including the death of the child.

    12. The number of children for whom individuals were appointed by the court to represent the best interests of such children and the average number of out of court contacts between such individuals and children.

    13. The annual report containing the summary of activities of the citizen review panels of the state required by subsection (c)(6).

    14. The number of children under the care of the state child protection system who are transferred into the custody of the state juvenile justice system.

    15. The number of children referred to a child protective services system under subsection (b)(2)(B)(ii).

    16. The number of children determined to be eligible for referral, and the number of children referred, under subsection (b)(2)(B)(xxi), to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).

    The Children's Bureau proposes to continue collecting the NCANDS data through the two files of the Detailed Case Data Component, the Child File (the case-level component of NCANDS) and the Agency File (additional aggregate data, which cannot be collected at the case level). Technical assistance will be provided so that all states may provide the Child File and Agency File data to NCANDS. There are no proposed changes to the NCANDS data collection instruments. New fields were implemented during the previous OMB clearance cycle in support of the CAPTA Reauthorization Act of 2010 and to improve reporting on federal performance measures.

    Respondents: State governments, the District of Columbia, and the Commonwealth of Puerto Rico.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Total burden hours
    Detailed Case Data Component: Child File and Agency File 52 1 82 4,264

    Estimated Total Annual Burden Hours: 4,264.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following:

    Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2015-14060 Filed 6-8-15; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Maternal and Infant Home Visiting Program Evaluation (MIHOPE) Check-in Project.

    OMB No.: 0970-0402.

    Description: The Administration for Children and Families (ACF), in partnership with the Health Resources and Services Administration (HRSA), both of the U.S. Department of Health and Human Services (HHS), is proposing a data collection activity as part of the Maternal and Infant Home Visiting Program Evaluation (MIHOPE) Check-in project. The purpose of the MIHOPE Check-in project is to maintain up-to-date contact information for families that participated in MIHOPE (the national evaluation of the Maternal, Infant, and Early Childhood Home Visiting program), so it is possible to conduct future follow-up studies and assess the potential long-term impact of the program. In addition to contact information, the MIHOPE Check-in project will also administer a brief survey on child and family outcomes.

    Respondents: Adult participants in MIHOPE and adult primary caregivers of children who participated in MIHOPE.

    Annual Burden Estimates Instrument Total number of respondents Annualized number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Total annual burden hours
    Child and Family Outcome Survey and Updating Contact Information 4,300 1433 3 .50 2,150

    Estimated Total Annual Burden Hours: 2150.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: OPRE Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, ACF Reports Clearance Officer.
    [FR Doc. 2015-14034 Filed 6-8-15; 8:45 am] BILLING CODE 4184-22-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research—Advanced Rehabilitation Research Training Program AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information:

    National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Advanced Rehabilitation Research Training (ARRT) Program—Advanced Rehabilitation Research Policy Fellowship.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.133P-5.

    DATES:

    Applications Available: June 9, 2015.

    Note: On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: July 1, 2015.

    Deadline for Transmittal of Applications: August 10, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities, to develop methods, procedures, and rehabilitation technology. The Program's activities are designed to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Advanced Rehabilitation Research Training Program

    The purpose of NIDILRR's ARRT program, which is funded through the Disability and Rehabilitation Research Projects and Centers Program, is to provide advanced research training and experience to individuals with doctorates, or similar advanced degrees, who have clinical or other relevant experience. ARRT projects train rehabilitation researchers, including researchers with disabilities, with particular attention to research areas that support the implementation and objectives of the Rehabilitation Act, and that improve the effectiveness of services authorized under the Rehabilitation Act. Additional information on the ARRT program can be found at: www.ed.gov/rschstat/research/pubs/res-program.html#ARRT.

    Absolute Priority:

    For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, this priority is an absolute priority. Under 45 CFR part 75 we consider only applications that meet this program priority.

    This priority is:

    Advanced Rehabilitation Research Policy Fellowship.

    Note: This priority is from the notice of final priority for this program, published in the Federal Register on July 21, 2014 (79 FR 42400).

    Program Authority:

    29 U.S.C. 764(b)(2)(A).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75 (b) Audit Requirements for Federal Awards in 45 CFR part 75 Subpart F; (c) 45 CFR part 75 Non-procurement Debarment and Suspension; (d) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); (e) The regulations for this program in 34 CFR part 350; (f) The notice of final priority for this program, published in the Federal Register on June 11, 2013 (78 FR 34901); and (g) The notice of final priorities and definitions, published in the Federal Register on July 21, 2014 (79 FR 42400).

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $150,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 and any subsequent year from the list of unfunded applicants from this competition.

    Maximum Award: $150,000.

    We will reject any application that proposes a budget exceeding $150,000 for a single budget period of 12 months. The Administrator of the Administration for Community Living may change the maximum amount through a notice published in the Federal Register.

    Note: Consistent with 45 CFR part 75, indirect cost reimbursement for a training grant is limited to eight percent of a modified total direct cost base, defined as total direct costs less stipends, tuition and related fees, equipment, and the amount of each subaward in excess of $25,000. Indirect costs can also be determined in the grantee's negotiated indirect cost rate agreement if that amount is less than the amount calculated under the formula above.

    Estimated Number of Awards: 1.

    Note: The Department is not bound by any estimates in this notice.

    Project Period: Up to 60 months.

    III. Eligibility Information

    1. Eligible Applicants: Institutions of Higher Education.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you request an application from Patricia Barrett, be sure to identify this program as follows: CFDA number 84.133P-5.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The project narrative section of the application is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 75 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The recommended page limit only applies to the project narrative section of your application, which is uploaded to Grants.gov under the “Project Narrative” heading. It does not apply to the material you will upload under the other nine required Grants.gov heading, and one optional heading for “other attachment Forms,” which are listed in the Application package for Grants.gov, available at www.ed.gov/fund/grant/apply/grantapps/index.html.

    Note 1: Please submit an appendix that lists every collaborating organization and individual named in the application, including staff, consultants, contractors, and advisory board members. We will use this information to help us screen for conflicts of interest with our reviewers.

    Note 2: An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (Plan) when preparing its application. The Plan is organized around the following research domains: (1) Community Living and Participation; (2) Health and Function; and (3) Employment.

    3. Submission Dates and Times:

    Applications Available: June 9, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held July 1, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff from the Administration for Community Living between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact Carolyn Baron, U.S. Department of Health and Human Services, 550 12th Street SW., Room 5134, PCP, Washington, DC 20202; or by email to: [email protected].

    Deadline for Transmittal of Applications: August 10, 2015.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail if you qualify for an exception to the electronic submission requirement, please refer to section IV.7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is not subject to Executive Order 12372.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Health and Human Services, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note: Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Advanced Rehabilitation Research Policy Fellowship ARRT competition, CFDA Number 84.133P-5, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for this ARRT competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133P).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the app