Federal Register Vol. 80, No.124,

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36911-37127
FR Document

80_FR_124
Current View
Page and SubjectPDF
80 FR 37129 - Hostage Recovery ActivitiesPDF
80 FR 36989 - Sunshine Act NoticePDF
80 FR 37026 - Records Schedules; Availability and Request for CommentsPDF
80 FR 37027 - Freedom of Information Act (FOIA) Advisory Committee; MeetingPDF
80 FR 37015 - Notice of Proposed Withdrawal and Notification of Public Meetings; OregonPDF
80 FR 37014 - Alaska Native Claims SelectionPDF
80 FR 36965 - The Secretary of Agriculture's Determination of the Primary Purpose of the Southwest Florida Water Management District's Facilitating Agricultural Resource Management Systems Program, Mini-FARMS Program, Flow Meter Reimbursement Program, Quality of Water Improvement Program, and Back- Plugging Funding Assistance InitiativePDF
80 FR 36926 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Milwaukee Air and Water ShowPDF
80 FR 36953 - Safety Zone; Charleston Patriot Festival, Cooper River; Charleston, SCPDF
80 FR 36966 - Request for Nominations to the Agricultural Air Quality Task ForcePDF
80 FR 36924 - Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; Louisville, KYPDF
80 FR 37035 - Tenth Meeting: Tactical Operations Committee (TOC)PDF
80 FR 36914 - Regattas and Marine Parades in the COTP Lake Michigan Zone-Chinatown Chamber of Commerce Dragon Boat Race, Chicago, ILPDF
80 FR 36920 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Vessel Launch at Marinette MarinePDF
80 FR 36915 - Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Town of Dune Acres Independence Day FireworksPDF
80 FR 36916 - Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville, KYPDF
80 FR 36918 - Safety Zone, Fourth of July Fireworks, Lake Winnebago; Menasha, WisconsinPDF
80 FR 36915 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Miesfeld's Lakeshore Weekend FireworksPDF
80 FR 37028 - Treatment of Natural Phenomena Hazards in Fuel Cycle FacilitiesPDF
80 FR 37028 - Changes to Buried and Underground Piping and Tank RecommendationsPDF
80 FR 36921 - Safety Zones; Annual Events in the Captain of the Port Buffalo ZonePDF
80 FR 36921 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Waterfront Festival FireworksPDF
80 FR 36986 - Final Updated Ambient Water Quality Criteria for the Protection of Human HealthPDF
80 FR 36956 - Approval and Promulgation of Implementation Plans; New Mexico; Infrastructure for the 2010 Sulfur Dioxide National Ambient Air Quality StandardsPDF
80 FR 37030 - New Postal ProductPDF
80 FR 37037 - Proposal for Future Enhancements to the Safety Measurement System (SMS)PDF
80 FR 36930 - State Compliance With Commercial Driver's License Program: CorrectionPDF
80 FR 37034 - 60-Day Notice of Proposed Information Collection: Affidavit of Physical Presence or Residence, Parentage and SupportPDF
80 FR 36973 - Barium Chloride From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty OrderPDF
80 FR 36937 - Use of Ozone-Depleting Substances; Request for Comment Concerning Essential-Use DesignationsPDF
80 FR 36971 - Certain Uncoated Paper From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping DeterminationPDF
80 FR 37009 - 30-Day Notice of Proposed Information Collection: Home Equity Conversion Mortgage (HECM) Counseling Standardization and RosterPDF
80 FR 36961 - Submission for OMB Review; Comment Request; CorrectionPDF
80 FR 36961 - Submission for OMB Review; Comment RequestPDF
80 FR 36962 - Meeting Notice of the Agricultural Research Service-Animal Handling and Welfare Review PanelPDF
80 FR 36970 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Reviews; 2013-2014PDF
80 FR 37045 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LA MIA STELLA; Invitation for Public CommentsPDF
80 FR 37046 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NO WIKI; Invitation for Public CommentsPDF
80 FR 36968 - Certain Uncoated Paper From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty DeterminationPDF
80 FR 37044 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TWILIGHT; Invitation for Public CommentsPDF
80 FR 36996 - Submission for OMB Review; Comment RequestPDF
80 FR 37046 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel S/V ADELIE; Invitation for Public CommentsPDF
80 FR 37045 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FIREFLY; Invitation for Public CommentsPDF
80 FR 36977 - Venture Global Calcasieu Pass, LLC; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations for a 25-Year PeriodPDF
80 FR 36979 - Air Flow North America Corp.; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement CountriesPDF
80 FR 37048 - Additional Designations, Foreign Narcotics Kingpin Designation ActPDF
80 FR 36962 - WTO Agricultural Quantity-Based Safeguard Trigger LevelsPDF
80 FR 37040 - Hours of Service of Drivers; Renewal and Expansion of American Pyrotechnics Association Exemption From the 14-Hour Rule During Independence Day CelebrationsPDF
80 FR 37047 - Agency Information Collection; Activity Under OMB Review; Part 249 Preservation of RecordsPDF
80 FR 36980 - Woodland Pulp LLC; Notice of Availability of Draft Environmental AssessmentPDF
80 FR 36980 - Phillips 66 Carrier LLC; Notice of Petiton for Declaratory OrderPDF
80 FR 36981 - Kinder Morgan Cochin LLC., Notice of Petiton for Declaratory OrderPDF
80 FR 36985 - Notice of Commission Staff AttendancePDF
80 FR 36981 - Pavant Solar LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 36984 - El Paso Natural Gas Company, L.L.C.; Notice of ApplicationPDF
80 FR 36983 - Columbia Gas Transmission, LLC; Notice of ApplicationPDF
80 FR 36983 - Combined Notice of Filings #1PDF
80 FR 36982 - Combined Notice of Filings #1PDF
80 FR 37039 - National Implementation of the New Entrant Safety Assurance Program's Off-Site Safety Audit ProceduresPDF
80 FR 36967 - Privacy Act of 1974, New System of RecordsPDF
80 FR 36937 - Public Information, Freedom of Information Act and Privacy Act RegulationsPDF
80 FR 36964 - San Juan Resource Advisory CommitteePDF
80 FR 36932 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Sector for Atlantic DolphinPDF
80 FR 37036 - Qualification of Drivers; Exemption Applications; VisionPDF
80 FR 36995 - Reallotment of Federal Fiscal Year 2014 Funds for the Low Income Home Energy Assistance Program (LIHEAP)PDF
80 FR 37017 - Brookwood-Sago Mine Safety GrantsPDF
80 FR 36976 - Agency Information Collection Activities; Comment Request; Annual State Application Under Part B of the Individuals With Disabilities Education ActPDF
80 FR 37043 - Limitation on Claims Against Proposed Public Transportation ProjectsPDF
80 FR 36976 - 2015 Application Period for the Patents for Humanity ProgramPDF
80 FR 36991 - Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMBPDF
80 FR 37051 - Submission for OMB Review; Comment RequestPDF
80 FR 36991 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 36933 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual SpecificationsPDF
80 FR 37033 - Agency Information Collection Activities: Comment RequestPDF
80 FR 37004 - Public Assistance Policy on Insurance, FP 206-086-1PDF
80 FR 36977 - Agency Information Collection Activities; Comment Request; Paul Douglas Teacher Scholarship Performance Report FormPDF
80 FR 36996 - Assessment of Radiofrequency-Induced Heating in the Magnetic Resonance Environment for Multi-Configuration Passive Medical Devices; Draft Guidance for Industry and Food and Drug Administration Staff; AvailabilityPDF
80 FR 36993 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
80 FR 36992 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
80 FR 36989 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 36990 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 37010 - Agency Information Collection Activities: Renewal; Comment Request; OMB ID 1090-0011-DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
80 FR 37033 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Adopting New Equity Trading Rules Relating to Trading Sessions, Order Ranking and Display, and Order Execution To Reflect the Implementation of Pillar, the Exchange's New Trading Technology PlatformPDF
80 FR 36913 - Adoption of Updated EDGAR Filer ManualPDF
80 FR 37031 - Closed Meeting on Executive Order 12333PDF
80 FR 37001 - Changes in Flood Hazard DeterminationsPDF
80 FR 37006 - Changes in Flood Hazard DeterminationsPDF
80 FR 36928 - Final Flood Elevation DeterminationsPDF
80 FR 37000 - Center for Scientific Review; Amended Notice of MeetingPDF
80 FR 36999 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 36998 - National Institute of Environmental Health Sciences; Notice of MeetingPDF
80 FR 36998 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed MeetingPDF
80 FR 37032 - Submission for OMB Review; Comment RequestPDF
80 FR 37033 - Proposed Collection; Comment RequestPDF
80 FR 37031 - Submission for OMB Review; Comment RequestPDF
80 FR 37003 - Changes in Flood Hazard DeterminationsPDF
80 FR 37005 - Changes in Flood Hazard DeterminationsPDF
80 FR 37008 - Changes in Flood Hazard DeterminationsPDF
80 FR 37002 - Agency Information Collection Activities: Submission for OMB Review; Comment Request; Application for Community Disaster Loan (CDL) ProgramPDF
80 FR 36974 - Stock Status Determination for Atlantic Highly Migratory Atlantic Smooth Dogfish Shark and the Gulf of Mexico Smoothhound Sharks ComplexPDF
80 FR 37016 - Notice of Filing Proposed Bankruptcy Settlement Agreement Under the Resource Conservation and Recovery ActPDF
80 FR 37000 - Changes in Flood Hazard DeterminationsPDF
80 FR 37025 - Maritime Advisory Committee for Occupational Safety and Health (MACOSH)PDF
80 FR 36975 - Marine Mammals; File No. 14809PDF
80 FR 36997 - Notice of Publication of the Revised Guidebook for the National Practitioner Data Bank (NPDB)PDF
80 FR 36990 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 36967 - Foreign-Trade Zone 258-Bowie County, Texas; Application for Reorganization Under Alternative Site FrameworkPDF
80 FR 36986 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Steel Pickling, HCl Process Facilities and Hydrochloric Acid Regeneration Plants (Renewal)PDF
80 FR 36968 - Foreign-Trade Zone 168-Dallas/Fort Worth, Texas; Authorization of Production Activity; Samsung Electronics America, Inc.; (Kitting of Mobile Phones and Tablet Computers); Coppell, TexasPDF
80 FR 37012 - Notice of Intent To Amend the Resource Management Plan and Prepare an Associated Environmental Assessment for the Ukiah Field Office, California, To Modify the Boundary of the Knoxville Area of Critical Environmental Concern and Identify Public Lands for DisposalPDF
80 FR 37011 - Notice of Intent To Collect Fees on Public Land in Tooele and Rich Counties, UTPDF
80 FR 37013 - Notice of Realty Action: Proposed Non-Competitive (Direct) Sale of Public Land in Slana, AlaskaPDF
80 FR 37013 - Notice of Proposed Reinstatement of Terminated Oil and Gas Leases AZA36181 and AZA36182, ArizonaPDF
80 FR 37050 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 37049 - Proposed Collection; Comment Request for Revenue Procedure 97-15PDF
80 FR 37050 - Proposed Collection; Comment Request for Form 8508PDF
80 FR 37049 - Publication of Nonconventional Source Production Credit Reference Price for Calendar Year 2014PDF
80 FR 37052 - VA National Academic Affiliations Council Notice of MeetingPDF
80 FR 36922 - Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; Queen Anne's County, MDPDF
80 FR 36930 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsPDF
80 FR 36911 - Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” SailplanesPDF
80 FR 36939 - Construction Manager/General Contractor ContractingPDF
80 FR 36964 - Notice of New Recreation Fee; Federal Lands Recreation Enhancement ActPDF
80 FR 37053 - Clean Water Rule: Definition of “Waters of the United States”PDF
80 FR 36927 - Determination of Terms and Royalty Rates for Ephemeral Reproductions and Public Performance of Sound Recordings by a New Subscription ServicePDF

Issue

80 124 Monday, June 29, 2015 Contents Agriculture Agriculture Department See

Foreign Agricultural Service

See

Forest Service

See

Natural Resources Conservation Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36961-36962 2015-15897 2015-15898 Meetings: Agricultural Research Service -- Animal Handling and Welfare Review Panel, 36962 2015-15895
Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36992-36995 2015-15831 2015-15832 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36996 2015-15889 Reallotment of Federal Fiscal Year 2014 Funds for the Low Income Home Energy Assistance Program, 36995-36996 2015-15859 Coast Guard Coast Guard RULES Safety Zones: Annual Events in the Captain of the Port Buffalo Zone, 36921-36922 2015-15918 Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Miesfeld's Lakeshore Weekend Fireworks, 36915 2015-15922 Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Milwaukee Air and Water Show, 36926-36927 2015-15935 Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Town of Dune Acres Independence Day Fireworks, 36915 2015-15928 Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Vessel Launch at Marinette Marine, 36920-36921 2015-15929 Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Waterfront Festival Fireworks, 36921 2015-15915 Fireworks Display, Chesapeake Bay, Prospect Bay, Queen Anne's County, MD, 36922-36924 2015-15759 Fourth of July Fireworks, Lake Winnebago, Menasha, WI, 36918-36920 2015-15926 Ohio River Between Mile 603.4 and 605.4, Louisville, KY, 36916-36918 2015-15927 Ohio River Between Mile 618.5 and Mile 619.5, Louisville, KY, 36924-36926 2015-15932 Special Local Regulations: Chinatown Chamber of Commerce Dragon Boat Race, Chicago, IL, 36914 2015-15930 PROPOSED RULES Safety Zones: Charleston Patriot Festival, Cooper River, Charleston, SC, 36953-36956 2015-15934 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

PROPOSED RULES Public Information, Freedom of Information Act and Privacy Act Regulations, 36937 2015-15865 NOTICES Privacy Act; Systems of Records, 36967 2015-15866
Copyright Royalty Board Copyright Royalty Board RULES Terms and Royalty Rates for Ephemeral Reproductions and Public Performance of Sound Recordings by a New Subscription Service, 36927-36928 2015-12668 Defense Department Defense Department See

Engineers Corps

Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual State Application under Part B of the Individuals with Disabilities Education Act, 36976-36977 2015-15857 Paul Douglas Teacher Scholarship Performance Report Form, 36977 2015-15834 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Authority to Import and Export Natural Gas, etc.: Air Flow North America Corp., 36979-36980 2015-15882 Venture Global Calcasieu Pass, LLC, 36977-36979 2015-15883
Engineers Engineers Corps RULES Clean Water Rule: Definition of Waters of the United States, 37054-37127 2015-13435 Environmental Protection Environmental Protection Agency RULES Clean Water Rule: Definition of Waters of the United States, 37054-37127 2015-13435 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Mexico; Infrastructure for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 36956-36960 2015-15911 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Steel Pickling, HCl Process Facilities and Hydrochloric Acid Regeneration Plants, 36986 2015-15796 Final Updated Ambient Water Quality Criteria for the Protection of Human Health, 36986-36989 2015-15912 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-Bielsko Sailplanes, 36911-36913 2015-15620 NOTICES Meetings: Tactical Operations Committee, 37035 2015-15931 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 36928-36929 2015-15821 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Community Disaster Loan Program, 37002-37003 2015-15810 Flood Hazard Determinations; Changes, 37000-37009 2015-15807 2015-15811 2015-15812 2015-15813 2015-15822 2015-15823 Public Assistance Policy on Insurance, 37004 2015-15835 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Columbia Gas Transmission, LLC, 36983 2015-15870 El Paso Natural Gas Co., LLC, 36984-36985 2015-15871 Combined Filings, 2015-15868 36982-36984 2015-15869 Environmental Assessments; Availability, etc.: Woodland Pulp LLC, 36980 2015-15876 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Pavant Solar LLC, 36981-36982 2015-15872 Petitions for Declaratory Orders: Kinder Morgan Cochin LLC, 36981 2015-15874 Phillips 66 Carrier LLC, 36980-36981 2015-15875 Staff Attendances, 36985 2015-15873 Federal Highway Federal Highway Administration PROPOSED RULES Construction Manager/General Contractor Contracting, 36939-36953 2015-15617 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 36989 2015-16049 Federal Motor Federal Motor Carrier Safety Administration RULES State Compliance with Commercial Driver's License Program; Corrections, 36930-36932 2015-15906 NOTICES Future Enhancements to the Safety Measurement System, 37037-37039 2015-15907 Hours of Service of Drivers: Renewal and Expansion of American Pyrotechnics Association Exemption from the 14-Hour Rule during Independence Day Celebrations, 37040-37043 2015-15879 National Implementation of the New Entrant Safety Assurance Program's Off-site Safety Audit Procedures, 37039-37040 2015-15867 Qualification of Drivers; Exemption Applications: Vision, 37036-37037 2015-15862 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36991-36992 2015-15843 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 36989-36991 2015-15799 2015-15830 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 36990-36991 2015-15798 2015-15829 2015-15839 Federal Transit Federal Transit Administration NOTICES Limitation on Claims Against Proposed Public Transportation Projects, 37043-37044 2015-15855 Food and Drug Food and Drug Administration PROPOSED RULES Use of Ozone-Depleting Substances: Essential-Use Designations, 36937-36939 2015-15902 NOTICES Guidance: Assessment of Radiofrequency-Induced Heating in the Magnetic Resonance Environment for Multi-Configuration Passive Medical Devices, 36996-36997 2015-15833 Foreign Agricultural Foreign Agricultural Service NOTICES World Trade Organization Agricultural Quantity-Based Safeguard Trigger Levels, 36962-36964 2015-15880 Foreign Assets Foreign Assets Control Office NOTICES Foreign Narcotics Kingpin Designation Act; Additional Designations, 37048-37049 2015-15881 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternate Site Framework: Foreign-Trade Zone 258, Bowie County, TX, 36967-36968 2015-15797 Production Activity Authorizations: Samsung Electronics America, Inc., Foreign-Trade Zone 168, Dallas/Fort Worth, TX, 36968 2015-15795 Forest Forest Service NOTICES Meetings: San Juan Resource Advisory Committee, 36964 2015-15864 New Recreation Fees: Tonto National Forest, 36964-36965 2015-15596 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

Health Resources Health Resources and Services Administration NOTICES Revised Guidebook for the National Practitioner Data Bank, 36997 2015-15802 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Home Equity Conversion Mortgage Counseling Standardization and Roster, 37009-37010 2015-15900 Interior Interior Department See

Land Management Bureau

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 37010 2015-15827
Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37049-37051 2015-15788 2015-15789 2015-15790 Nonconventional Source Production Credit Reference Price for Calendar Year 2014, 37049 2015-15787 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Barium Chloride from the People's Republic of China, 36973-36974 2015-15903 Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 36970-36971 2015-15894 Certain Uncoated Paper from Indonesia, 36971-36973 2015-15901 Certain Uncoated Paper from the People's Republic of China, 36968-36970 2015-15891 Justice Department Justice Department NOTICES Proposed Bankruptcy Settlement Agreements under the Resource Conservation and Recovery Act, 37016-37017 2015-15808 Labor Department Labor Department See

Mine Safety and Health Administration

See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Alaska Native Claims Selections, 37014-37015 2015-15950 Environmental Assessments; Availability, etc.: Modification of the Boundary of the Knoxville Area of Critical Environmental Concern and Identify Public Lands for Disposal, Ukiah Field Office, CA, 37012-37013 2015-15794 New Fee Collections: Public Lands in Tooele and Rich Counties, UT, 37011-37012 2015-15793 Oil and Gas Leases: Proposed Reinstatement of AZA36181 and AZA36182, Arizona, 37013 2015-15791 Public Land Orders: Oregon—Proposed Withdrawal and Public Meetings, 37015-37016 2015-15954 Realty Actions: Proposed Non-Competitive (Direct) Sale of Public Land, Slana, AK, 37013-37014 2015-15792 Library Library of Congress See

Copyright Royalty Board

Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel FIREFLY, 37045-37046 2015-15887 Vessel LA MIA STELLA, 37045 2015-15893 Vessel NO WIKI, 37046 2015-15892 Vessel S/V ADELIE, 37046-37047 2015-15888 Vessel TWILIGHT, 37044 2015-15890 Mine Mine Safety and Health Administration NOTICES Funding Availability: Brookwood-Sago Mine Safety Grants, 37017-37025 2015-15858 National Archives National Archives and Records Administration NOTICES Meetings: Freedom of Information Act Advisory Committee, 37027-37028 2015-15969 Records Schedules; Availability, 37026-37027 2015-15985 National Endowment for the Arts National Endowment for the Arts RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 36930 2015-15736 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Arts

National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 36999-37000 2015-15819 2015-15820 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 36998 2015-15817 National Institute of Environmental Health Sciences, 36998-36999 2015-15818 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Re-opening of Commercial Sector for Atlantic Dolphin, 36932-36933 2015-15863 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 36933-36936 2015-15838 NOTICES Permits: Marine Mammals; File No. 14809, 36975-36976 2015-15803 Stock Status Determinations: Atlantic Highly Migratory Atlantic Smooth Dogfish Shark and the Gulf of Mexico Smoothhound Sharks Complex, 36974-36975 2015-15809 National Resources Natural Resources Conservation Service NOTICES Primary Purpose of the Southwest Florida Water Management District's Facilitating Agricultural Resource Management Systems Program, Mini-FARMS Program, Flow Meter Reimbursement Program, etc., 36965-36966 2015-15937 Requests for Nominations: Agricultural Air Quality Task Force, 36966-36967 2015-15933 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance: Changes to Buried and Underground Piping and Tank Recommendations, 37028-37030 2015-15919 Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities, 37028 2015-15920 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Maritime Advisory Committee for Occupational Safety and Health, 37025-37026 2015-15804 Patent Patent and Trademark Office NOTICES 2015 Application Period for the Patents for Humanity Program, 36976 2015-15854 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2015-15908 37030-37031 2015-15909 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Organization and Employees: Hostage Recovery Activities (EO 13698), 37129-37134 2015-16122 Privacy Privacy and Civil Liberties Oversight Board NOTICES Meetings: Executive Order 12333, 37031 2015-15824 Securities Securities and Exchange Commission RULES Updated EDGAR Filer Manual, 36913-36914 2015-15825 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37031-37033 2015-15814 2015-15815 2015-15816 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 37033 2015-15826 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37033-37034 2015-15837 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Physical Presence or Residence, Parentage and Support, 37034-37035 2015-15904 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Motor Carrier Safety Administration

See

Federal Transit Administration

See

Maritime Administration

See

Transportation Statistics Bureau

Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preservation of Records, 37047 2015-15877 Treasury Treasury Department See

Foreign Assets Control Office

See

Internal Revenue Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37051-37052 2015-15840
Veteran Affairs Veterans Affairs Department NOTICES Meetings: VA National Academic Affiliations Council, 37052 2015-15785 Separate Parts In This Issue Part II Defense Department, Engineers Corps, 37054-37127 2015-13435 Environmental Protection Agency, 37054-37127 2015-13435 Part III Presidential Documents, 37129-37134 2015-16122 Reader Aids

Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

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80 124 Monday, June 29, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0951; Directorate Identifier 2015-CE-007-AD; Amendment 39-18190; AD 2015-13-03] RIN 2120-AA64 Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Sailplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Model SZD-50-3 “Puchacz” sailplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 detachment of the rudder cable fitting block from the fuselage. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective August 3, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 3, 2015.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0951; or in person at Document 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 service information identified in this AD, contact Allstar PZL Glider, Sp. z o. o., ul. Cieszynska 325, 43-300 Bielsko-Biala, Poland; telephone: +48 33 812 50 26; fax: +48 33 812 37 39; email: [email protected]; Internet: http://szd.com.pl/en/products/szd-50-3-puchacz. You may view 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0951.

FOR FURTHER INFORMATION CONTACT:

Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to add an AD that would apply to all Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Model SZD-50-3 “Puchacz” sailplanes. The NPRM was published in the Federal Register on April 17, 2015 (80 FR 21191). The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states:

An occurrence was reported involving a SZD-50-3 “Puchacz” sailplane, where a rudder cable fitting block, located in the forward part of the fuselage, detached after application of a high load on the steering pedal during spin recovery operation. Subsequent investigations determined that the failure was either caused by a manufacturing deficiency or originated by a crack.

This condition, if not detected and corrected, could lead to further cases of rudder cable fitting block detachment, resulting in reduced control of the sailplane.

To address this unsafe condition, Allstar PZL issued Service Bulletin (SB) No. BE-063/SZD-50-3/2014, to provide inspection and reinforcement instructions.

For the reasons described above, this AD requires accomplishment of a one-time inspection of both (right hand (RH) and left hand (LH)) rudder cable fitting blocks to verify proper attachment to the fuselage shell and, depending on finding(s), a repair. This AD also requires reinforcement of the affected structural area.

The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2015-0951-0002. Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 21191, April 17, 2015) 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 the 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 (80 FR 21191, April 17, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 21191, April 17, 2015).

Related Service Information Under 1 CFR Part 51

We reviewed Allstar PZL Glider Service Bulletin BE-063/SZD-50-3/2014 “Puchacz”, dated December 14, 2014. The service bulletin describes procedures for inspecting the area around the left-hand and right-hand rudder cable fitting blocks for cracks and detachment and making all necessary repairs. 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 will affect 5 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the inspection requirement of this AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of the inspection requirement of this AD on U.S. operators to be $425, or $85 per product.

In addition, we estimate that it will take about 2 work-hours per product to comply with the modification requirement of this AD and will require parts costing $100, for a cost of $270 per product.

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 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 by searching for and locating Docket No. FAA-2015-0951; 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 the NPRM, 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.

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 AD: 2015-13-03 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko”: Amendment 39-18190; Docket No. FAA-2015-0951; Directorate Identifier 2015-CE-007-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective August 3, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Model SZD-50-3 “Puchacz” sailplanes, all serial numbers, certificated in any category.

(d) Subject

Air Transport Association of America (ATA) Code 27: Flight Controls.

(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 detachment of the rudder cable fitting block from the fuselage. We are issuing this AD to prevent detachment of the rudder cable fitting block from the fuselage, which if not detected and corrected, could result in reduced control.

(f) Actions and Compliance

Unless already done, do the actions in paragraphs (f)(1) through (f)(3) of this AD:

(1) Within 30 days after August 13, 2015 (the effective date of this AD), inspect the area around both the left-hand (LH) and the right-hand (RH) rudder cable fitting blocks following paragraph 3.1. of the INSTRUCTIONS section in Allstar PZL Glider Service Bulletin BE-063/SZD-50-3/2014 “Puchacz”, dated December 14, 2014.

(2) If, during the inspection required in paragraph (f)(1) of this AD, any crack or fitting block detachment is found, before further flight, repair and reinforce the attachment of both the LH and RH rudder cable fitting blocks. Do this repair and reinforcement following paragraph 3.2. of the INSTRUCTIONS section in Allstar PZL Glider Service Bulletin BE-063/SZD-50-3/2014 “Puchacz”, dated December 14, 2014.

(3) Unless already done following the requirement in paragraph (f)(2) of this AD, within the next 12 months after August 3, 2015 (the effective date of this AD), reinforce the attachment of both the LH and RH rudder cable fitting blocks. Do this reinforcement following paragraph 3.2. of the INSTRUCTIONS section in Allstar PZL Glider Service Bulletin BE-063/SZD-50-3/2014 “Puchacz”, dated December 14, 2014.

(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: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any sailplane 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.: 2015-0046, dated March 16, 2015, for related information. You may examine the MCAI on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2015-0951-0002.

(i) 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.

(i) Allstar PZL Glider Service Bulletin BE-063/SZD-50-3/2014 “Puchacz”, dated December 14, 2014.

(ii) Reserved.

(3) For PZL-Bielsko service information identified in this AD, contact Allstar PZL Glider, Sp. z o. o., ul. Cieszynska 325, 43-300 Bielsko-Biala, Poland; telephone: +48 33 812 50 26; fax: +48 33 812 37 39; email: [email protected]; Internet: http://szd.com.pl/en/products/szd-50-3-puchacz.

(4) You may view this 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. In addition, you can access this service information on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0951.

(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 Kansas City, Missouri, on June 18, 2015. William Schinstock, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-15620 Filed 6-26-15; 8:45 am] BILLING CODE 4910-13-P
SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-9849; 34-75242; 39-2504; IC-31680] Adoption of Updated EDGAR Filer Manual AGENCY:

Securities and Exchange Commission.

ACTION:

Final rule.

SUMMARY:

The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual and related rules to reflect updates to the EDGAR system. The updates are being made primarily to add new submission form types N-CR and N-CR/A for Current Report of Money Market Fund Material Events; update submission form types ABS-15G and ABS-15G/A for Asset-backed securities reporting based on Rule 15Ga-2; no longer display OMB expiration date on submission form types 13F and 13H; no longer provide support for the 2013 US GAAP financial reporting and 2013 EXCH taxonomies; documentation only corrections to Chapter 3, “Index to Forms,” of the “EDGAR Filer Manual, Volume II: EDGAR Filing,” which include adding submission types 8-K12B and 8-K12B/A to Table 3-3, “Securities Exchange Act—Registration and Report Submission Types Accepted by EDGAR”; and documentation only changes to “EDGAR Filer Manual, Volume II: EDGAR Filing” for Section 508 compliance. The EDGAR system is scheduled to be upgraded to support this functionality on June 15, 2015.

DATES:

Effective June 29, 2015. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of June 29, 2015.

FOR FURTHER INFORMATION CONTACT:

In the Division of Corporate Finance, for questions concerning Form ABS-15G, contact Heather Mackintosh at (202) 551-8111, in the Division of Investment Management, for questions concerning Form N-CR, contact Heather Fernandez at (202) 551-6708, and in the Office of Information Technology, contact Tammy Borkowski at (202) 551-7208.

SUPPLEMENTARY INFORMATION:

We are adopting an updated EDGAR Filer Manual, Volume II. The Filer Manual describes the technical formatting requirements for the preparation and submission of electronic filings through the EDGAR system.1 It also describes the requirements for filing using EDGARLink Online and the Online Forms/XML Web site.

1 We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33-6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on May 11, 2015. See Release No. 33-9773 (May 26, 2015) [80 FR 29942].

The revisions to the Filer Manual reflect changes within Volume II entitled EDGAR Filer Manual, Volume II: “EDGAR Filing,” Version 32 (June 2015). The updated manual will be incorporated by reference into the Code of Federal Regulations.

The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.2 Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.3

2See Rule 301 of Regulation S-T (17 CFR 232.301).

3See Release No. 33-9773 in which we implemented EDGAR Release 15.1.1. For additional history of Filer Manual rules, please see the cites therein.

The EDGAR system will be upgraded to Release 15.2 on June 15, 2015 and will introduce the following changes:

EDGAR will be updated to add new submission form types N-CR and N-CR/A to EDGARLink Online. These new submission form types can be accessed by selecting the `EDGARLink Online Form Submission' link on the EDGAR Filing Web site. Additionally, filers can construct XML submissions for these submission form types by following the “EDGARLink Online XML Technical Specification” document available on the SEC's Public Web site (http://www.sec.gov/info/edgar.shtml).

Submission form types ABS-15G and ABS-15G/A will be updated based on final Rule 15Ga-2.

The OMB expiration date will no longer be displayed on submission form types 13F-HR, 13F-HR/A, 13F-NT, 13F-NT/A, 13H, 13H-A, 13H-Q, 13H-I, 13H-T, and 13H-R.

EDGAR will no longer provide support for the US-GAAP-2013 and EXCH-2013 taxonomies. Please see http://www.sec.gov/info/edgar/edgartaxonomies.shtml for a complete listing of supported standard taxonomies.

Documentation only corrections were made to Chapter 3, “Index to Forms,” of the “EDGAR Filer Manual, Volume II: EDGAR Filing,” which include adding submission types 8-K12B and 8-K12B/A to Table 3-3, “Securities Exchange Act—Registration and Report Submission Types Accepted by EDGAR.”

Documentation only changes were made to “EDGAR Filer Manual, Volume II: EDGAR Filing” for Section 508 compliance.

Along with the adoption of the Filer Manual, we are amending Rule 301 of Regulation S-T to provide for the incorporation by reference into the Code of Federal Regulations of today's revisions. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

The updated EDGAR Filer Manual will be available for Web site viewing and printing; the address for the Filer Manual is http://www.sec.gov/info/edgar.shtml. You may also obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m.

Since the Filer Manual and the corresponding rule changes relate solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act (APA).4 It follows that the requirements of the Regulatory Flexibility Act 5 do not apply.

4 5 U.S.C. 553(b).

5 5 U.S.C. 601-612.

The effective date for the updated Filer Manual and the rule amendments is June 29, 2015. In accordance with the APA,6 we find that there is good cause to establish an effective date less than 30 days after publication of these rules. The EDGAR system upgrade to Release 15.2 is scheduled to become available on June 15, 2015. The Commission believes that establishing an effective date less than 30 days after publication of these rules is necessary to coordinate the effectiveness of the updated Filer Manual with the system upgrade.

6 5 U.S.C. 553(d)(3).

Statutory Basis

We are adopting the amendments to Regulation S-T under Sections 6, 7, 8, 10, and 19(a) of the Securities Act of 1933,7 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,8 Section 319 of the Trust Indenture Act of 1939,9 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.10

7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).

8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.

9 15 U.S.C. 77sss.

10 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.

List of Subjects in 17 CFR Part 232

Incorporation by reference, Reporting and recordkeeping requirements, Securities.

Text of the Amendment

In accordance with the foregoing, title 17, chapter II of the Code of Federal Regulations is amended as follows:

PART 232—REGULATION S-T—GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS 1. The authority citation for part 232 continues to read in part as follows: Authority:

15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c), 80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.

2. Section 232.301 is revised to read as follows:
§ 232.301 EDGAR Filer Manual.

Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets out the technical formatting requirements for electronic submissions. The requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: “General Information,” Version 21 (May 2015). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: “EDGAR Filing,” Version 32 (June 2015). Additional provisions applicable to Form N-SAR filers are set forth in the EDGAR Filer Manual, Volume III: “N-SAR Supplement,” Version 4 (October 2014). All of these provisions have been incorporated by reference into the Code of Federal Regulations, which action was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must comply with these requirements in order for documents to be timely received and accepted. The EDGAR Filer Manual is available for Web site viewing and printing; the address for the Filer Manual is http://www.sec.gov/info/edgar.shtml. You can obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. You can also inspect the document 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.

By the Commission.

Dated: June 18, 2015. Brent J. Fields, Secretary.
[FR Doc. 2015-15825 Filed 6-26-15; 8:45 am] BILLING CODE 8011-01-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2013-0327] Regattas and Marine Parades in the COTP Lake Michigan Zone—Chinatown Chamber of Commerce Dragon Boat Race, Chicago, IL AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce the special local regulation on the South Branch of the Chicago River for the Chinatown Chamber of Commerce Dragon Boat Race in Chicago, Illinois. This regulated area will be enforced from 8 a.m. until 5 p.m. on June 27, 2015. This action is necessary and intended to ensure safety of life and property on navigable waters immediately prior to, during, and immediately after the Dragon Boat race. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a portion of the Captain of the Port Lake Michigan Zone.

DATES:

The regulations in 33 CFR 100.909 will be enforced from 8 a.m. until 5 p.m. on June 27, 2015.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email MST1 John Ng, Waterways Management Division, Marine Safety Unit Chicago, at 630-986-2155, email address [email protected]

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the special local regulation listed in 33 CFR 100.909, Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL. This special local regulation will encompass all waters of the South Branch of the Chicago River from the West 18th Street Bridge at position 41°51′28″ N., 087°38′06″ W. to the Amtrak Bridge at position 41°51′20″ N., 087°38′13″ W. (NAD 83). This special local regulation will be enforced from 8 a.m. until 5 p.m. on June 27, 2015.

Vessels desiring to transit the regulated area may do so only with prior approval of the Patrol Commander and when so directed by that officer. Vessels will be operated at a no wake speed to reduce wake to a minimum, and in a manner which will not endanger participants in the event or any other craft. The rules contained in the above two sentences shall not apply to participants in the event or vessels of the patrol operating in the performance of their assigned duties. The Patrol Commander may direct the anchoring, mooring, or movement of any boat or vessel within the regatta area.

This document is issued under authority of 33 CFR 100.909, Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL, and 5 U.S.C. 552(a). In addition to this notification in the Federal Register, the Coast Guard will provide the maritime community with advance notification of the enforcement of this special local regulation via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan, or a designated on-scene representative may be contacted via Channel 16, VHF-FM.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2015-15930 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0530] RIN 1625-AA00 Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Town of Dune Acres Independence Day Fireworks AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce the safety zone for the Town of Dune Acres Independence Day Fireworks on a portion of Lake Michigan, on July 3, 2015. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after fireworks display. During the enforcement period listed below, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan.

DATES:

The regulations in 33 CFR 165.929 will be enforced for safety zone (e)(17), Table 33 CFR 165.929, on July 3, 2015 from 8:45 p.m. until 10:30 p.m.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email LT Lindsay Cook, Waterways Management Division, Marine Safety Unit Chicago, at 630-986-2155, email address [email protected].

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the Safety Zone; Town of Dune Acres Independence Day Fireworks listed as item (e)(17) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone encompasses all waters of Lake Michigan within the arc of a circle with a 700-foot radius from the fireworks launch site located in position 41°39.303′ N., 087°05.239′ W. This zone will be enforced on July 03, 2015 from 8:45 p.m. until 10:30 p.m.

All vessels must obtain permission from the Captain of the Port Lake Michigan, or a designated on-scene representative to enter, move within, or exit this safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port Lake Michigan, or a designated on-scene representative.

This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). 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 Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan, or a designated on-scene representative may be contacted via VHF Channel 16 during the event.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15928 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0530] RIN 1625-AA00 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Miesfeld's Lakeshore Weekend Fireworks AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce the safety zone on the waters of Lake Michigan in Sheboygan, WI for the Miesfeld's Lakeshore Weekend Fireworks. This zone will be enforced from 9:15 p.m. until 10:15 p.m. on July 24, 2015. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the fireworks display. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative.

DATES:

The regulations in 33 CFR 165.929 will be enforced for safety zone (e)(49), Table 165.929, from 9:15 p.m. until 10:15 p.m. on July 24, 2015.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148, email [email protected].

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the Miesfeld's Lakeshore Weekend Fireworks safety zone listed as item (e)(49) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass waters of Lake Michigan and Sheboygan Harbor within an 800-foot radius from the fireworks launch site located at the south pier in approximate position 43°44.917′ N., 087°41.967′ W. (NAD 83). This zone will be enforced from 9:15 p.m. until 10:15 p.m. on July 24, 2015.

All vessels must obtain permission from the Captain of the Port Lake Michigan or the on-scene representative to enter, move within, or exit the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative.

This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via Channel 16, VHF-FM.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15922 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0505] RIN 1625-AA00 Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville, KY AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River between mile 603.4 and 605.4. This temporary safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with maintenance work on the Louisville and Indiana Railroad Bridge (L&I RR Bridge). Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

DATES:

This rule is effective without actual notice from June 29, 2015 until July 7, 2015. For purposes of enforcement, actual notice will be used from June 9, 2015 until June 29, 2015.

ADDRESSES:

Documents mentioned in this preamble are part of docket [USCG-2015-0505]. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. 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 rule, call or email Petty Officer James C. Robinson, U.S. Coast Guard; telephone 502-779-5347, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: Table of Acronyms APA Administrative Procedures Act BNM Broadcast Notice to Mariners COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners MM Mile Marker NPRM Notice of Proposed Rulemaking A. Regulatory History and Information

The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. On June 9, June 10, June 16, June 17, June 23, 2015 and July 7, 2015, maintenance on the L&I RR Bridge will take place. The Coast Guard determined that immediate action is necessary to establish a temporary safety zone to protect life and property from the hazards associated with and resulting from maintenance being performed on the L&I RR Bridge.

This safety zone may include closures and/or navigation restrictions and requirements that are vital to maintaining safe navigation on the Ohio River during maintenance operations on the L&I RR Bridge. Therefore, delaying the effective date for this emergency safety zone to complete the NPRM process would be contrary to the public interest as it would delay the safety measures vital to safe navigation. Broadcast Notices to Mariners (BNM) and information sharing with the waterway users will update mariners of the restrictions, requirements, and enforcement times during this emergency situation.

For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this emergency rule effective less than 30 days after publication in the Federal Register. Providing 30 days notice would be contrary to public interest because immediate action is needed to protect life and property from the hazards associated with and resulting from maintenance on the L&I RR Bridge.

B. Basis and Purpose

The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define safety zones.

The purpose of this temporary safety zone is to protect life and property from the hazards associated with and resulting from the maintenance on the L&I RR Bridge. The maintenance on the L&I RR Bridge poses significant safety hazards to vessels and mariners operating in the area. Establishing the safety zone to extend from mile 603.4 to mile 605.4 on the Ohio River is necessary for the Coast Guard to maintain navigational safety.

C. Discussion of the Temporary Final Rule

The Coast Guard is establishing a temporary safety zone for all vessel traffic on the Ohio River between mile 603.4 and mile 605.4, extending the entire width of the Ohio River. Maintenance on the bridge is expected to occur from 7:00 a.m. to 1:00 p.m. on 6/9/2015, 7:00 a.m. to 1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00 a.m. to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015, and 7:00 a.m. to 10:00 p.m. on 7/07/2015, unless it is completed earlier. The COTP, or a designated representative will provide information as to when the safety zone if effective, based on information received for when the maintenance is taking place. Deviation from this temporary safety zone is prohibited unless specifically authorized by the COTP Ohio Valley, or a designated representative. Deviation requests will be considered and reviewed on a case-by-case basis. The COTP Ohio Valley may be contacted by telephone at 1-502-779-5424 or can be reached by VHF-FM channel 16.

D. Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule establishes a temporary safety zone for vessels on all waters of the Ohio River from mile 603.4 to mile 605.4. Notifications of enforcement times will be communicated to the marine community via BNM and through local notice to mariners (LNM). The impacts on navigation will be limited to ensuring the safety of mariners and vessels associated with hazards associated with the maintenance on the L&I RR Bridge.

2. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the Ohio River, from 7:00 a.m. to 1:00 p.m. on 6/09/2015, 7:00 a.m. to 1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00 a.m. to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015, and 7:00 a.m. to 10:00 p.m. on 7/07/2015 or until maintenance on the L&I RR Bridge is complete, whichever occurs earlier. This temporary safety zone will not have a significant economic impact on a substantial number of small entities because maintenance work is only expected to be done during certain hours. Requests to deviate from the rule will be considered on a case-by-case basis. Notifications to the marine community will be made through BNM, LNM, and communications with local waterway users. Notices of changes to the safety zone and effective times will also be made.

3. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has 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. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

6. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

7. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist and a categorical exclusion determination will be made available as indicated under the ADDRESSES section. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

2. A new temporary § 165.T08-0505 is added to read as follows:
§ 165.T08-0505 Safety Zone; Ohio River between mile 603.4 and 605.4, Louisville, KY.

(a) Location. The following area is a safety zone: All waters of the Ohio River between mile 603.4 and mile 605.4, Louisville, KY, extending the entire width of the Ohio River.

(b) Effective dates. This safety zone is effective and enforceable with actual notice from June 9, 2015 to July 7, 2015 or until maintenance on the L&I RR Bridge is complete, whichever occurs earlier.

(c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into this zone is prohibited unless authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

(2) Persons or vessels desiring to enter into or passage through the zone must request permission from the COTP Ohio Valley or a designated representative. They may be contacted on VHF-FM channel 16 or by telephone at 1-502-5424.

(3) If permission is granted, all persons and vessels shall comply with the instructions of the COTP Ohio Valley or designated representative.

(d) Informational broadcasts. The COTP Ohio Valley or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the emergency safety zone as well as any changes in the dates and times of enforcement.

Dated: June 8, 2015. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15927 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0532] RIN 1625-AA00 Safety Zone, Fourth of July Fireworks, Lake Winnebago; Menasha, Wisconsin AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone on a portion of the Fox River and Lake Winnebago in Menasha, Wisconsin. This safety zone is intended to restrict vessels from a portion of the Fox River and Lake Winnebago due to a fireworks display. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks display.

DATES:

This rule is effective from 8:45 p.m. until 10:30 p.m. on July 4, 2015.

ADDRESSES:

Documents mentioned in this preamble are part of docket USCG-2015-0532. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. 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 rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414-747-7148 or [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Final Rule NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information

On February 18, 2015, the Coast Guard published an FR in the Federal Register which listed safety zones corresponding to annual marine events in the Sector Lake Michigan zone (80 FR 8536). This FR included the safety zone for the City of Menasha 4th of July Fireworks in Menasha, WI (the subject of this TFR). Because the City of Menasha 4th of July Fireworks is expected to be launched this year from a different location than that which is listed in the FR, the Coast Guard is issuing this TFR.

The Coast Guard is issuing this TFR without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Specifically, the Coast Guard was not informed of the new location planned for the fireworks launch location until the end of May, 2015. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect the public and vessels from the hazards associated with the barge-based fireworks display on July 4, 2015, which are discussed further below.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register for the same reason listed above, doing so would impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect the public and vessels from the hazards associated with the barge-based fireworks display.

B. Basis and Purpose

The legal basis for this rule is the Coast Guard's authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; Department of Homeland Security Delegation No. 0170.1.

On July 4, 2015, the City of Menasha is expected to hold its annual 4th of July fireworks display. This fireworks display will be launched from a barge within the waters of the Fox River. The Captain of the Port Lake Michigan has determined that this fireworks display will pose a significant risk to public safety and property. Such hazards include falling and/or flaming debris, and collisions among spectator vessels.

C. Discussion of the Final Rule

With the aforementioned hazards in mind, the Captain of the Port Lake Michigan has determined that this temporary safety zone is necessary to ensure the safety of persons and vessels during the fireworks display near Menasha, Wisconsin. This zone is effective and will be enforced from 8:45 p.m. until 10:30 p.m. on July 4, 2015. The safety zone will encompass all waters of the Fox River and Lake Winnebago within a 600 foot radius of an approximate launch position at 44°12.017′ N., 088°25.904′ W. (NAD 83).

Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or her designated on-scene representative. The Captain of the Port or her designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for only one day. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this temporary rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in the affected portion of the Fox River and Lake Winnebago on July 4, 2015.

This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of this zone, we would issue local Broadcast Notice to Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has 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. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

6. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels.

7. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination for this zone have been previously completed and are available via http://www.regulations.gov under Docket Number USCG-2014-1001. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

2. Add § 165.T09-0532 to read as follows:
§ 165.T09-0532 Safety Zone, Fourth of July fireworks, Lake Winnebago; Wisconsin.

(a) Location. All waters of the Fox River and Lake Winnebago within a 600 foot radius of an approximate launch position at 44°12.017′ N., 088°25.904′ W. (NAD 83).

(b) Effective period. This zone is effective from 8:45 p.m. until 10:30 p.m. on July 4, 2015.

(c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or her designated on-scene representative.

(2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Lake Michigan or her designated on-scene representative.

(3) The “on-scene representative” of the Captain of the Port Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Lake Michigan to act on her behalf.

(4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Lake Michigan or her on-scene representative to obtain permission to do so. The Captain of the Port Lake Michigan or her on-scene representative may be contacted via VHF Channel 16.

(5) Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Lake Michigan or her on-scene representative.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15926 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0530] RIN 1625-AA00 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Vessel Launch at Marinette Marine AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce the safety zone on the Menominee River in Marinette, WI for a vessel launch from Marinette Marine Corporation. This zone will be enforced from 9 a.m. until 3 p.m. on July 18, 2015. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the vessel launch. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative.

DATES:

The regulations in 33 CFR 165.929 will be enforced for safety zone (f)(16), Table 165.929, from 9 a.m. until 3 p.m. on July 18, 2015.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148, email [email protected]

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the Vessel Launch at Marinette Marine safety zone listed as item (f)(16) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass all waters of the Menominee River in the vicinity of Marinette Marine Corporation, from the Bridge Street Bridge located in position 45°06.188′ N., 087°37.583′ W., then approximately .63 NM south east to a line crossing the river perpendicularly passing through positions 45°05.936′ N., 087°36.764′ W., and 45°06.992′ N., 087°36.728′ W. (NAD 83) in the vicinity of the Ansul Company. This zone will be enforced from 9 a.m. until 3 p.m. on July 18, 2015.

All vessels must obtain permission from the Captain of the Port Lake Michigan, or the on-scene representative to enter, move within, or exit the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative.

This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via Channel 16, VHF-FM.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15929 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0530] RIN 1625-AA00 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Waterfront Festival Fireworks AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce the safety zone on the waters of Green Bay in Menominee, MI for the Waterfront Festival Fireworks. This zone will be enforced from 9 p.m. until 11 p.m. on August 8, 2015. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the fireworks display. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative.

DATES:

The regulations in 33 CFR 165.929 will be enforced for safety zone (f)(8), Table 165.929, from 9 p.m. until 11 p.m. on August 8, 2015.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148, email [email protected]

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the Waterfront Festival Fireworks safety zone listed as item (f)(8) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass all waters of Green Bay, in the vicinity of Menominee Marina, within the arc of a circle with a 1000-foot radius from a center position at 45°06.447′ N., 087°35.991′ W. (NAD 83). This zone will be enforced from 9 p.m. until 11 p.m. on August 8, 2015.

All vessels must obtain permission from the Captain of the Port Lake Michigan or the on-scene representative to enter, move within, or exit the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative.

This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via Channel 16, VHF-FM.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15915 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0501] RIN 1625-AA00 Safety Zones; Annual Events in the Captain of the Port Buffalo Zone AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

At various times throughout the month of July, the Coast Guard will enforce certain safety zones located in the regulations. This action is necessary and intended for the safety of life and property on navigable waters during this event. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo.

DATES:

The regulations in 33 CFR 165.939 will be enforced on July 3, 2015 from 9 p.m. to 10:30 p.m., on July 4, 2015 from 9 p.m. to 11:30 p.m., and on July 4, 2015 from 9:15 p.m. to 11 p.m.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email LT Stephanie Pitts, Chief of Waterways Management Division, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, email [email protected]

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the Safety Zones; Annual Events in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939 for the following events:

(1) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH; The safety zone listed in 33 CFR 165.939(a)(23) will be enforced from 9 p.m. to 10:30 p.m. on July 3, 2015.

(2) Conneaut Fourth of July Fireworks, Conneaut, OH; The safety zone listed in 33 CFR 165.939(a)(21) will be enforced from 9 p.m. to 11:30 p.m. on July 4, 2015.

(3) Lorain 4th of July Celebration Fireworks, Lorain, OH; The safety zone listed in 33 CFR 165.939(a)(28) will be enforced from 9:15 p.m. to 11 p.m. on July 4, 2015.

Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within these safety zones during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or his designated representative. Those seeking permission to enter one of these safety zones may request permission from the Captain of Port Buffalo via channel 16, VHF-FM. Vessels and persons granted permission to enter one of these safety zones shall obey the directions of the Captain of the Port Buffalo or his designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course.

This document is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notification in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via Broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port Buffalo determines that one of these safety zones need not be enforced for the full duration stated in this document he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone.

Dated: June 9, 2015. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-15918 Filed 6-26-15; 08:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0279] RIN 1625-AA00 Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; Queen Anne's County, MD AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone encompassing certain waters of Prospect Bay. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located between Hog Island and Kent Island in Queen Anne's County, MD on July 4, 2015. This safety zone is intended to protect the maritime public in a portion of Prospect Bay.

DATES:

This rule is effective from 8:30 p.m. on July 4, 2015 through 10 p.m. on July 5, 2015.

ADDRESSES:

Documents mentioned in this preamble are part of docket [USCG-2015-0279]. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. 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 rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410-576-2674, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information

On May 5, 2015, we published a notice of proposed rulemaking (NPRM) entitled “Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; Queen Anne's County, MD” in the Federal Register (80 FR 25634). We received no comments on the proposed rule. No public meeting was requested, and none was held. The permanent safety zones listed in the Table to 33 CFR 165.506 do not apply to this event.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Due to the need for immediate action, the restriction of vessel traffic is necessary to protect life, property and the environment; therefore, to allow 30 days after publication notice is impracticable. Delaying the effective date would be contrary to the safety zone's intended objectives of protecting persons and vessels, and enhancing public and maritime safety.

B. Basis and Purpose

The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security Delegation No. 0170.1., which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. Fireworks displays are frequently held from locations on or near the navigable waters of the United States. The potential hazards associated with fireworks displays are a safety concern during such events. The purpose of this rule is to promote public and maritime safety during a fireworks display, and to protect mariners transiting the area from the potential hazards associated with a fireworks display, such as the accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. This rule is needed to ensure safety on the waterway before, during and after the scheduled event.

C. Discussion of Comments, Changes and the Final Rule

The Coast Guard received no comments in response to the NPRM. No public meeting was requested and none was held. Accordingly, the regulatory text mirrors the proposed text published in the NPRM.

D. Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

Although this regulation would restrict access to this area, the effect of this proposed rule will not be significant because: (i) The safety zone will only be in effect from 8:30 p.m. through 10 p.m. on July 4, 2015, and if necessary due to inclement weather, from 8:30 p.m. through 10 p.m. on July 5, 2015, (ii) the Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly, and (iii) although the safety zone will apply to certain portions of the Inner Harbor, smaller vessel traffic will be able to transit safely around the safety zone.

2. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to operate or transit through or within, or anchor in, the safety zone during the enforcement period.

This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons stated under paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule affects your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has 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. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

6. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

7. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a temporary safety zone for a fireworks display. The fireworks are launched from navigable waters of the United States and may negatively impact the safety or other interests of waterway users and near shore activities in the event area. The activity includes fireworks launched from barges near the shoreline that generally rely on the use of navigable waters as a safety buffer to protect the public from fireworks fallouts and premature detonations. This action is necessary to protect persons and property during the project. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

2. Add § 165.T05-0279 to read as follows:
§ 165.0279 Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; Queen Anne's County, MD.

(a) Location. The following area is a safety zone: (1) All waters of Prospect Bay, within a 1,000 feet radius of a fireworks discharge barge in approximate position latitude 39°57′49.8″ N., longitude 076°14′58.5″ W., located between Hog Island and Kent Island in Queen Anne's County, MD. All coordinates refer to datum NAD 1983.

(b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section, § 165.T05.0279.

(1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23.

(2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. All vessels underway within this safety zone at the time it is implemented are to depart the zone.

(3) Persons desiring to transit the area of the safety zone must first obtain authorization from the Captain of the Port Baltimore or his designated representative. To seek permission to transit the area, the Captain of the Port Baltimore and his designated representatives can be contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Baltimore or his designated representative and proceed as directed while within the zone.

(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.

(c) Definitions. As used in this section:

Captain of the Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, Maryland.

Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section.

(d) Enforcement period. This section will be enforced from 8:30 p.m. through 10 p.m. on July 4, 2015, and if necessary due to inclement weather, from 8:30 p.m. through 10 p.m. on July 5, 2015.

Dated: June 12, 2015. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-15759 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0198] RIN 1625-AA00 Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; Louisville, KY AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River between mile 618.5 and mile 619.5 on June 27, 2015. This safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with the Riverview Park Independence Festival firework display. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

DATES:

This rule is effective and will be enforced through actual notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.

ADDRESSES:

Documents mentioned in this preamble are part of docket [USCG-2014-0198]. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. 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 rule, call or email Petty Officer Cody Robinson, U.S. Coast Guard; telephone 502-779-5347, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: Table of Acronyms APA Administrative Procedures Act BNM Broadcast Notice to Mariners CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register MM Mile Marker NPRM Notice of Proposed Rulemaking A. Regulatory History and Information

The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. Providing a full 30 days notice is unnecessary and contrary to the public interest as it would delay the effectiveness of the temporary safety zone until after the planned fireworks event. Immediate action is needed to protect vessels and mariners from the safety hazards associated with aerial fireworks displays over a waterway when large concentrations of spectators and vessel traffic are expected. The Coast Guard will give actual notice to the public and maritime community that the safety zone will be in effect and of the enforcement period via broadcast notices to mariners (BNM).

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Immediate action is needed to protect vessels and mariners from the safety hazards associated with aerial fireworks displays over a waterway when large concentrations of spectators are expected. The Coast Guard will give actual notice to the public and maritime community that the safety zone will be in effect and of the enforcement period via BNM.

B. Basis and Purpose

The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to establish and define safety zones.

The purpose of this safety zone is to protect life and property from the hazards associated with and resulting from the Riverview Park Independence Festival firework display. The rule is necessary due to significant safety hazards associated with an aerial fireworks display over the waterway when a large concentration of spectators and vessel traffic are expected. Establishing the safety zone to extend from mile 618.5 to mile 619.5 on the Ohio River is necessary for the Coast Guard to maintain navigational safety on the river.

C. Discussion of the Temporary Final Rule

The Coast Guard is establishing a temporary safety zone on the Ohio River between mile 618.5 and mile 619.5, extending the entire width of the Ohio River. Transit into and through this area is prohibited beginning at 10:00 p.m. through 10:30 p.m. on June 27, 2015 or until the Riverview Park Independence Festival firework display has concluded, whichever occurs earlier. Deviation from this temporary safety zone is prohibited unless specifically authorized by the COTP Ohio Valley, or a designated representative. Deviation requests will be considered and reviewed on a case-by-case basis. The COTP Ohio Valley may be contacted by telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.

D. Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule establishes a temporary safety zone for vessels on all waters of the Ohio River from mile 618.5 to mile 619.5. The safety zone will be established for less than one hour. Due to the limited scope and short duration of the temporary safety zone, the impacts on routine navigation are expected to be minimal.

2. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the Ohio River, from 10:00 p.m. to 10:30 p.m. on June 27, 2015. This temporary safety zone will not have a significant economic impact on a substantial number of small entities due to its limited scope and short duration. Additionally, requests to deviate from the rule will be considered on a case-by-case basis. Notifications to the marine community will be made through BNM, local notice to mariners, and communications with local waterway users. Notices of changes to the safety zone and effective times will also be made.

3. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has 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. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

6. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

7. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. Because this safety zone is established in response to a temporary situation and is less than one week in duration, an environmental analysis checklist and a categorical exclusion determination are not required.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

2. A new temporary § 165.T08-0198 is added to read as follows:
§ 165.T08-0198 Safety Zone; Ohio River between mile 618.5 and mile 619.5, Louisville, KY.

(a) Location. The following area is a safety zone: All waters of the Ohio River between mile 618.5 and mile 619.5, Louisville, KY, extending the entire width of the Ohio River.

(b) Effective dates. This safety zone is effective and will be enforced through actual notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.

(c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into this zone is prohibited unless authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

(2) Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP Ohio Valley or a designated representative. They may be contacted on VHF-FM channel 16 or by telephone at 1-800-253-7465.

(3) If permission is granted, all persons and vessels shall comply with the instructions of the COTP Ohio Valley or designated representative.

(d) Informational broadcasts. The COTP Ohio Valley or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the temporary safety zone as well as any changes in the dates and times of enforcement.

Dated: June 9, 2015. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15932 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0530] RIN 1625-AA00 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Milwaukee Air and Water Show AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce the safety zone on Lake Michigan in Milwaukee, WI for the Milwaukee Air and Water Show. This zone will be enforced from 8:30 a.m. until 5 p.m. on each day of July 22, 2015 to July 26, 2015. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the Air and Water Show. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative.

DATES:

The regulations in 33 CFR 165.929 will be enforced for safety zone (f)(2), Table 165.929, from 8:30 a.m. until 5 p.m. on each day of July 22, 2015 to July 26, 2015.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148, email [email protected]

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the Milwaukee Air and Water Show safety zone listed as item (f)(2) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass all waters and adjacent shoreline of Lake Michigan in the vicinity of McKinley Park located within an area that is approximately 4800 by 1250 yards. The area will be bounded by the points beginning at 43°02.450′ N., 087°52.850′ W.; then southeast to 43°02.230′ N., 087°52.061′ W.; then northeast to 43°04.543′ N., 087°50.801′ W.; then northwest to 43°04.757′ N., 087°51.512′ W.; then southwest returning to the point of origin (NAD 83). This zone will be enforced from 8:30 a.m. until 5 p.m. on each day of July 22, 2015 to July 26, 2015.

All vessels must obtain permission from the Captain of the Port Lake Michigan, or the on-scene representative to enter, move within, or exit the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative.

This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via Channel 16, VHF-FM.

Dated: June 11, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15935 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 383 [Docket No. 14-CRB-0002-NSR (2016-2020)] Determination of Terms and Royalty Rates for Ephemeral Reproductions and Public Performance of Sound Recordings by a New Subscription Service AGENCY:

Copyright Royalty Board, Library of Congress.

ACTION:

Final rule.

SUMMARY:

The Copyright Royalty Judges publish final regulations that set the rates and terms for the use of sound recordings via digital transmissions made by new subscription services and for the making of ephemeral recordings to facilitate those transmissions during the period commencing January 1, 2016, and ending on December 31, 2020.

DATES:

Effective: January 1, 2016.

FOR FURTHER INFORMATION CONTACT:

Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658, or by email at [email protected]

SUPPLEMENTARY INFORMATION:

On December 12, 2014, the Copyright Royalty Judges (Judges) received a joint motion from SoundExchange, Inc. (“SoundExchange”) and Sirius XM Radio, Inc. (“Sirius XM”) to adopt a settlement of royalty rates and terms under Sections 112(e) and 114 of the Copyright Act (“the Act”) for 2016-2020 for new subscription services of the type at issue in the captioned proceeding (i.e., music services provided to residential subscribers as part of a cable or satellite television bundle). See Joint Motion to Adopt Settlement at 1 and 37 CFR 383.2(h). Sirius XM creates music and nonmusic programming and transmits it through its satellite digital audio radio service and other outlets. According to Sirius XM, it relies on the royalty rates and terms in 37 CFR part 383 for music programming it provides through the DiSH satellite television service. Joint Motion at 2. SoundExchange is a nonprofit organization that is jointly controlled by representatives of sound recording copyright owners and performers. Id. The Judges published the proposed settlement and requested comments from the public. See 80 Federal Register 2065 (January 15, 2015).

Background

Section 801(b)(1) of the Act, among other things, authorizes the Judges to make determinations and adjustments of reasonable terms and rates of royalty payments as provided in Section 112(e) and 114 of the Act. Section 114(f)(2)(A) of the Act provides, among other things, that, proceedings under chapter 8 of the Act shall determine reasonable rates and terms of royalty payments for public performances of sound recordings by means of new subscription services. Section 112(e)(3) of the Act provides that proceedings under chapter 8 of the Act shall determine reasonable rates and terms of royalty payments for activities specified in Section 112(e)(1) of the Act (i.e., the making of no more than one phonorecord of a sound recording by a transmitting organization entitled to transmit to the public a performance of a sound recording under a statutory license in accordance with Section 114(f) of the Act). The Judges have commenced two prior proceedings for five-year rate periods pursuant to these two provisions, both of which ended when the participants reached an agreement of the applicable rates and terms. See 72 FR 72253 (December 20, 2007) and 75 FR 14074 (March 24, 2010). The current rate period expires December 31, 2015.

Pursuant to section 803(b)(1)(A)(i)(III) of the Copyright Act, the Judges published in the Federal Register a notice commencing a rate determination proceeding for the 2016-2020 rate period and requesting interested parties to submit Petitions to Participate. See 79 FR 410 (January 3, 2014). The Judges received Petitions to Participate from Music Reports, Inc. (“Music Reports”), National Music Publishers Association (“NMPA”), Sirius XM, Spotify USA, Inc., and SoundExchange. The Judges subsequently dismissed the petitions to participate of NMPA and Music Reports. See Order Dismissing Petition to Participate (Music Reports) (May 30, 2014) and Order Granting SoundExchange Motion to Deny the Petition to Participate of National Music Publishers' Association (April 30, 2014). On September 26, 2014, Spotify withdrew from the proceeding. See Notice of Withdrawal of Petition to Participate. As a result, Sirius XM and SoundExchange are the only remaining participants in this proceeding. Joint Motion at 2.

Section 801(b)(7)(A) of the Copyright Act authorizes the Judges to adopt rates and terms negotiated by “some or all of the participants in a proceeding at any time during the proceeding” provided the settling parties submit the negotiated rates and terms to the Judges for approval. That provision directs the Judges to provide those who would be bound by the negotiated rates and terms an opportunity to comment on the agreement. The Judges will adopt the negotiated rates and terms unless a participant in a proceeding objects and the Judges conclude that the agreement does not provide a reasonable basis for setting statutory rates or terms, the Judges adopt the negotiated rates and terms. 17 U.S.C. 801(b)(7)(A).

Rates and terms the Judges adopt pursuant to this provision are binding on all owners of copyright in sound recordings and on all new subscription services performing the copyrighted sound recordings on digital audio channels transmitted by a cable or satellite television distribution service to residential customers, bundled with television channels as part of a “basic” service subscription package, and not available separately for a separate fee. See 37 CFR 383.2(h).

The Judges “may decline to adopt the agreement as a basis for statutory terms and rates for participants that are not parties to the agreement,” only “if any participant [to the proceeding] objects to the agreement and the [Judges] conclude, based on the record before them if one exists, that the agreement does not provide a reasonable basis for setting statutory terms or rates.” 17 U.S.C. 801(b)(7)(A)(ii). The Judges received no comments or objections in response to their request for comments published in the Federal Register.

The Judges, therefore, by this notice, adopt as final regulations for the period commencing January 1, 2016, and ending on December 31, 2020, the rates and terms agreed to by Sirius XM and SoundExchange for digital transmission of sound recordings by new subscription services and the making of ephemeral reproductions necessary to facilitate those transmissions.

List of Subjects in 37 CFR Part 383

Copyright, Digital audio transmissions, Performance right, Sound recordings.

Final Regulation

For the reasons set forth in the preamble, the Copyright Royalty Board amends 37 CFR part 383 as follows:

PART 383—RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE REPRODUCTION OF EPHEMERAL RECORDINGS BY CERTAIN NEW SUBSCRIPTION SERVICES 1. The authority citation for part 383 continues to read as follows: Authority:

17 U.S.C. 112(e), 114, and 801(b)(1).

2. The heading for part 383 is revised to read as set forth above.
§ 383.1 [Amended]
3. Amend § 383.1 as follows: a. In paragraph (a), by removing “from the inception of the Licensees' Services” and adding in its place “January 1, 2016,” and by removing “2015” and adding in its place “2020”; and b. In paragraph (c), by adding “voluntary” before “license agreements”.
§ 383.2 [Amended]
4. Amend § 383.2 as follows: a. By removing paragraph (a); b. By redesignating paragraphs (b) through (f) as paragraphs (a) through (e); c. In newly redesignated paragraph (b), by adding “made under this part pursuant to the statutory licenses” before “under 17 U.S.C.”, by removing “or” and adding in its place “and”, and by removing “(g)”; d. In newly redesignated paragraph (c), by removing “from the inception of the Licensees' Services” and adding in its place “January 1, 2016,” and by removing “2015” and adding in its place “2020”; e. In newly redesignated paragraph (d), by removing “(h)” and adding in its place “(f)”; f. By removing paragraph (g); g. By redesignating paragraphs (h) through (j) as paragraphs (f) through (h); and h. In newly redesignated paragraph (f)(3), by removing “(h)” and adding in its place “(f)”.
5. Amend § 383.3 as follows: a. In paragraph (a) introductory text, by removing “License” and adding in its place “statutory licenses”; b. By revising paragraphs (a)(1) and (2); and c. In paragraph (b), by removing “, but payable pursuant to the applicable regulations for all years 2007 and earlier”.

The revisions read as follows:

§ 383.3 Royalty fees for public performances of sound recordings and the making of ephemeral recordings.

(a) * * *

(1) For Stand-Alone Contracts, the following monthly payment per Subscriber to the Service of such Licensee:

(i) 2016: $0.0179;

(ii) 2017: $0.0185;

(iii) 2018: $0.0190;

(iv) 2019: $0.0196;

(v) 2020: $0.0202;

(2) For Bundled Contracts, the following monthly payment per Subscriber to the Service of such Licensee:

(i) 2016: $0.0299;

(ii) 2017: $0.0308;

(iii) 2018: $0.0317;

(iv) 2019: $0.0326;

(v) 2020: $0.0336;

§ 383.4 [Amended]
6. Amend § 383.4 in paragraph (a), by removing “2007-2013” and adding in its place “2013-2017” and by removing “2015” and adding in its place “2020”.
Dated: March 24, 2015. Suzanne M. Barnett, Chief Copyright Royalty Judge.

Approved by:

James H. Billington, Librarian of Congress.
[FR Doc. 2015-12668 Filed 6-26-15; 8:45 am] BILLING CODE 1410-72-P
DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2015-0001] Final Flood Elevation Determinations AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

SUMMARY:

Base (1-percent-annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES:

The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below.

ADDRESSES:

The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

Date: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

Accordingly, 44 CFR part 67 is amended as follows:

PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority:

42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

§ 67.11 [Amended]
2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation * Elevation in
  • feet
  • (NGVD)
  • + Elevation in
  • feet
  • (NAVD)
  • # Depth in feet above ground
  • ⁁ Elevation in
  • meters (MSL)
  • Modified
  • Communities
  • affected
  • Tioga County, Pennsylvania (All Jurisdictions) Docket No.: FEMA-B-1147 Camp Brook Creek Approximately 1,900 feet downstream of East Main Street + 1124 Township of Nelson. Approximately 460 feet downstream of East Main Street + 1127 Charleston Creek Approximately 2,670 feet upstream of Jackson Street + 1325 Township of Charleston. Approximately 2,720 feet upstream of Jackson Street + 1326 Cowanesque River Reach 2 Approximately 3,600 feet downstream of State Route 49 + 1124 Borough of Elkland, Township of Deerfield, Township of Nelson. Approximately 2.4 miles upstream of Holden Street + 1184 Crooked Creek Approximately 0.2 mile upstream of Bear Creek Road (Legislative Route 58122) + 1024 Borough of Tioga. Approximately 690 feet upstream of Mann Hill Road (Cowanesque Street) + 1034 Tioga River Reach 1 Approximately 0.3 mile upstream of State Route 287 + 1024 Borough of Tioga. Approximately 0.8 mile upstream of Park Street + 1034 Tioga River Reach 2 Approximately 1.2 miles downstream of Spencer Road + 1139 Borough of Mansfield, Township of Hamilton. Approximately 0.4 mile upstream of Gulick Street + 1401 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ⁁ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Borough of Elkland Maps are available for inspection at the Borough Hall, 105 Parkhurst Street, Elkland, PA 16920. Borough of Mansfield Maps are available for inspection at the Borough Hall, 14 South Main Street, Mansfield, PA 16933. Borough of Tioga Maps are available for inspection at the Borough Office, 18 North Main Street, Tioga, PA 16946. Township of Charleston Maps are available for inspection at the Charleston Township Building, 156 Catlin Hollow Road, Wellsboro, PA 16901. Township of Deerfield Maps are available for inspection at the Deerfield Township Building, 5322 State Route 49, Knoxville, PA 16928. Township of Hamilton Maps are available for inspection at the Hamilton Township Municipal Building, 16 Tioga Street, Morris Run, PA 16939. Township of Nelson Maps are available for inspection at the Nelson Township Community Building, 111 Village Drive, Nelson, PA 16940.
    [FR Doc. 2015-15821 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    NATIONAL ENDOWMENT FOR THE ARTS 45 CFR Part 1157 RIN 3135-AA31 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ACTION:

    Final rule.

    SUMMARY:

    The National Endowment for the Arts (“NEA”) finalizes its portion of the uniform federal assistance rule published by the Office of Management and Budget.

    DATES:

    This rule is effective on June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Aswathi Zachariah, Office of the General Counsel, National Endowment for the Arts, 400 7th Street SW., Washington, DC 20506, Telephone: 202-682-5418.

    SUPPLEMENTARY INFORMATION:

    On December 12, 2014, the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget published an interim final rule that provided comprehensive modifications to the principles and requirements for federal awards. 79 FR 75871. The uniform rules were published as 2 CFR part 200. As part of that rulemaking, the National Endowment for the Arts adopted part 200, along with an agency-specific addendum in a new part 3255.

    The NEA received no relevant comments in response to the rule. Therefore, 2 CFR part 3255, as described in the interim final rule, is adopted with no changes.

    Regulatory Findings

    For the regulatory findings regarding this rulemaking, please refer to the analysis prepared by OIRA in the interim final rule, which is incorporated herein. 79 FR at 75876.

    Dated: June 18, 2015. Kathy N. Daum, Director, Office of Administrative Services.
    [FR Doc. 2015-15736 Filed 6-26-15; 8:45 am] BILLING CODE 7537-01-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 384 [Docket No. FMCSA 2015-0174] RIN 2126-AB80 State Compliance With Commercial Driver's License Program: Correction AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    FMCSA corrects its regulations implementing certain provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21). FMCSA determined that an error was made in the publication of the October 1, 2013, MAP-21 Implementation final rule. That rule inadvertently deleted paragraph (c) of § 384.209, Notification of traffic violations. This final rule is necessary to address the inadvertent error made to the state compliance regulations.

    DATES:

    This final rule becomes effective on June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Robert Redmond, Commercial Driver's License Division, Office of Safety Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-5014 or via email at [email protected].

    If you have questions on viewing material to the docket, contact Docket Services, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION: Legal Basis

    Generally, agencies may promulgate final rules only after issuing a notice of proposed rulemaking (NPRM) and providing an opportunity for public comment under procedures required by the Administrative Procedure Act (APA), as provided in 5 U.S.C. 553(b) and (c). The APA, in 5 U.S.C. 553(b)(3)(B), provides an exception from these requirements when notice and public comment procedures are “impracticable, unnecessary, or contrary to the public interest.” FMCSA finds that notice and comment is unnecessary prior to adoption of this final rule because it is merely restoring an inadvertently removed, a statutorily-required regulation. Accordingly, the Agency is performing a nondiscretionary, ministerial act by publishing today's final rule. Therefore, the Agency may adopt this rule without notice and receiving public comment, in accordance with the APA. For these same reasons, under the good cause authority found in 5 U.S.C. 553(d)(3), the rule will be effective upon publication.

    Background

    FMCSA determined that an error was made in the publication of the October 1, 2013, MAP-21 Implementation final rule. 78 FR 60226. That rule inadvertently deleted paragraph (c) of § 384.209, Notification of traffic violations. As explained in the 2013 final rule, FMCSA intended to amend paragraphs (a) and (b) of § 384.209. Paragraphs (a) and (b) previously required States to report a commercial driver's convictions to the driver's State of licensure. The 2013 amendments added the requirement that States report foreign commercial drivers' convictions to FMCSA's Federal Convictions and Withdrawal Database, in accordance with MAP-21 requirements. 78 FR 60227. In making that addition, FMCSA did not intend to remove paragraph (c), which is statutorily required and directed States to report the convictions within 10 days. See 49 U.S.C. 31311.

    Accordingly, the 10-day reporting requirement remains in effect and paragraph (c) should not have been removed as a part of the MAP-21 Implementation rule. Today's final rule corrects that error by restoring the 10-day reporting requirement in paragraph (c). Prior to its inadvertent removal, paragraph (c) contained outdated references to the effective dates for the 10-day reporting requirement, which took place in 2005 and 2008. The Agency believes that this final rule provides an appropriate opportunity to remove those outdated references. Accordingly, today's final rule restores the inadvertently removed reporting requirement, but eliminates the obsolete effective dates.

    Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined this final rule is not a significant regulatory action within the meaning of Executive Order (E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within the meaning of Department of Transportation Regulatory Policies and Procedures.

    As explained above, this final rule is strictly administrative in that it corrects the inadvertent removal of a nondiscretionary statutory requirement. Today's final rule will not exceed the $100 million annual threshold. There are no costs attributed to this final rule. This final rule is not expected to generate substantial congressional or public interest. Therefore, a full regulatory impact analysis has not been conducted nor has there been a review by the Office of Management and Budget (OMB).

    Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not required to prepare a final regulatory flexibility analysis under 5 U.S.C. 604(a) for this final rule because the Agency has not issued a notice of proposed rulemaking prior to this action. FMCSA has determined that it has good cause to adopt the rule without notice and comment.

    Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this final rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Mr. Robert Redmond, listed in the FOR FURTHER INFORMATION CONTACT section of this rule.

    Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.

    Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $151 million (which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2012 levels) or more in any 1 year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    Paperwork Reduction Act

    This final rule will call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) because it merely corrects an inadvertent error. Regardless, the notification requirement in 49 CFR 384.309(c) was previously approved under OMB Control No. 2126-0011.

    E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of Executive Order 13132 if it has “substantial direct effects 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.” As this rule merely corrects an inadvertent error from a previous rule, and will have no actual impact on any State nor limit the policymaking discretion of the States, FMCSA has determined that there is no federalism impact. As such, the Agency is not required to prepare a Federalism Assessment or Impact Statement.

    E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing “economically significant” rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation's environmental health and safety effects on children. The Agency determined this final rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children.

    E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have takings implications.

    Privacy

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. This rule does not include a collection of personally identifiable information (PII), therefore no PIA is required.

    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency which receives records contained in a system of records from a Federal agency for use in a matching program.

    The E-Government Act of 2002, Public Law 107-347, § 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a PIA for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this rule. As a result, FMCSA has not conducted a PIA.

    E.O. 12372 (Intergovernmental Review of Federal Programs)

    The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program.

    E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211.

    E.O. 13175 (Indian Tribal Governments)

    This final rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    National Technology Transfer and Advancement Act (Technical Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This final rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this final rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined that this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), Appendix 2, paragraph (6b), concerning editorial and procedural regulations. The CE is available for inspection or copying in the Regulations.gov Web site listed under ADDRESSES.

    FMCSA also analyzed this action under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants.

    Under E.O. 12898, each Federal agency must identify and address, as appropriate, “disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations” in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this rule in accordance with the E.O., and has determined that no environmental justice issue is associated with this rule, nor is there any collective environmental impact that would result from its promulgation.

    List of Subjects in 49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR part 384 as follows:

    PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM 1. The authority citation for part 384 continues to read as follows: Authority:

    49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub.L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.

    2. In § 384.209, add paragraph (c) to read as follows:
    § 384.209 Notification of traffic violations.

    (c) Notification of traffic violations must be made within 10 days of the conviction.

    Issued under the authority of delegation in 49 CFR 1.87: June 22, 2015. T.F. Scott Darling, III, Chief Counsel.
    [FR Doc. 2015-15906 Filed 6-26-15; 8:45 am] BILLING CODE 4910-EX-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130403322-4454-02] RIN 0648-XE017 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Sector for Atlantic Dolphin AGENCY:

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

    ACTION:

    Temporary rule; re-opening.

    SUMMARY:

    NMFS announces the re-opening of the commercial sector for Atlantic dolphin (dolphin) in the exclusive economic zone (EEZ) off the Atlantic states (Maine through the east coast of Florida) through this temporary rule. The most recent landings for dolphin indicate the commercial annual catch limit (ACL) has not yet been reached. Therefore, NMFS re-opens the commercial sector for dolphin at 4:15 p.m., local time, June 24, 2015, and it will close at 12:01 a.m., local time, June 30, 2015 in the exclusive economic zone (EEZ) of the Atlantic. A June 30, 2015, closure will minimize the risk of the commercial ACL being exceeded and provides more sufficient notice to fishermen of the closure.

    DATES:

    This rule is effective at 4:15 p.m., local time, June 24, 2015, until 12:01 a.m., local time, June 30, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The dolphin and wahoo fishery off the Atlantic states is managed under the Fishery Management Plan for the Dolphin and Wahoo Fishery of the Atlantic (FMP). The FMP was prepared by the South Atlantic Fishery Management Council, in cooperation with the Mid-Atlantic and New England Fishery Management Councils, and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

    The commercial ACL for dolphin is 1,157,001 lb (524,807 kg), round weight. Under 50 CFR 622.280(a)(l)(i), NMFS is required to close the commercial sector for dolphin when the commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS previously determined that the commercial ACL would be reached and that the commercial sector for dolphin should close on June 24, 2015. Therefore, NMFS published a temporary rule to implement accountability measures (AMs) to close the commercial sector for dolphin in the EEZ off the Atlantic states (Maine through the east coast of Florida), effective at 12:01 a.m., local time, June 24, 2015 (80 FR 36249, June 24, 2015).

    However, the most recent landings for dolphin indicate the commercial ACL has not been reached. Consequently and in accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the commercial sector for dolphin on June 24, 2015, and closes the commercial sector on June 30, 2015. A closure on June 30, 2015, minimizes the risk of the commercial ACL for dolphin from being exceeded and provides sufficient notice to fishermen of the closure.

    The operator of a vessel with a valid commercial vessel permit for dolphin on board must have landed and bartered, traded, or sold such species prior to the closure at 12:01 a.m., local time, June 30, 2015. During the closure, the bag and possession limits specified in 50 CFR 622.277(a)(1) apply to all harvest or possession of dolphin in or from the Atlantic EEZ. Additionally, these bag and possession limits apply in the Atlantic EEZ (Maine through the east coast of Florida) on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for dolphin and wahoo has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. During the closure, the sale or purchase of dolphin taken from the EEZ is prohibited. The commercial sector for dolphin will re-open on January 1, 2016, the beginning of the 2016 commercial fishing season.

    Classification

    The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of dolphin off the Atlantic states and is consistent with the Magnuson-Stevens Act and other applicable laws.

    This action is taken under 50 CFR 622.8(c) and 622.280(a)(1)(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 temporarily re-open the commercial sector for dolphin 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 procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the commercial ACL and AMs has been subject to notice and comment, and all that remains is to notify the public of the re-opening. Such procedures are contrary to the public interest because of the need to immediately implement this action to allow vessels with dolphin to transit safely and land dolphin harvested in the EEZ by June 30, 2015, while minimizing the risk of exceeding the commercial ACL. Prior notice and opportunity for public comment would require time, would delay the re-opening of the commercial sector, and would potentially result in the discard of dolphin already harvested legally prior to June 24, 2015.

    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 24, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-15863 Filed 6-24-15; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 150428405-5539-02] RIN 0648-XD927 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    NMFS issues this final rule to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e. annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, simply Pacific sardine), in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2015, through June 30, 2016. These specifications were determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This action includes a prohibition on directed non-tribal Pacific sardine commercial fishing for Pacific sardine off the coasts of Washington, Oregon and California, which is required because the estimated 2015 biomass of Pacific sardine has dropped below the cutoff threshold in the HG control rule. Under this action Pacific sardine may still be harvested as part of either the live bait or tribal fishery or incidental to other fisheries; the incidental harvest of Pacific sardine will initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The ACL for 2015-2016 Pacific sardine fishing year is 7,000 mt. This rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

    DATES:

    Effective July 1, 2015 through June 30, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the Pacific sardine fishery in the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) in accordance with the CPS FMP. Annual specifications published in the Federal Register establish the allowable harvest levels (i.e. over fishing limit (OFL)/ACL/HG) for each Pacific sardine fishing year. The purpose of this final rule is to implement these annual catch reference points for the 2015-2016 fishing year. This final rule adopts, without changes, the reference points that NMFS proposed in the rule published on May 21, 2015 (80 FR 29296), including an OFL and an ABC that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine in the U.S. EEZ off the Pacific coast.

    The FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific sardine fishery based on the annual specification framework and control rules in the FMP. These control rules include the HG control rule, which in conjunction with the OFL and ABC rules in the FMP, are used to manage harvest levels for Pacific sardine, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. According to the FMP, the quota for the principle commercial fishery is determined using the FMP-specified HG formula. The HG formula in the CPS FMP is HG = [(Biomass-CUTOFF) * FRACTION * DISTRIBUTION] with the parameters described as follows:

    1. Biomass. The estimated stock biomass of Pacific sardine age one and above. For the 2015-2016 management season this is 96,688 mt.

    2. CUTOFF. This is the biomass level below which no HG is set. The FMP established this level at 150,000 mt.

    3. DISTRIBUTION. The average portion of the Pacific sardine biomass estimated in the EEZ off the Pacific coast. The FMP established this at 87 percent.

    4. FRACTION. The temperature-varying harvest fraction is the percentage of the biomass above 150,000 mt that may be harvested.

    As described above, the Pacific sardine HG control rule, the primary mechanism for setting the annual directed commercial fishery quota, includes the CUTOFF parameter which has been set as a biomass amount of 150,000 mt. This amount is subtracted from the annual biomass estimate before calculating the applicable HG for the fishing year. Therefore, because this year's biomass estimate is below that value, the formula results in an HG of zero and therefore no Pacific sardine are available for the commercial directed fishery during the 2015-2016 fishing year.

    At the April 2015 Pacific Fishery Management Council (Council) meeting, the Council adopted the “Assessment of the Pacific Sardine Resource in 2015 for U.S.A. Management in 2015-2016” completed by NMFS Southwest Fisheries Science Center and the resulting Pacific sardine biomass estimate of 96,688 mt. Based on recommendations from its Science and Statistical Committee (SSC) and other advisory bodies, the Council recommended and NMFS is implementing, an OFL of 13,227 mt, an available biological catch (ABC) of 12,074 mt, and a prohibition on sardine catch unless it is harvested as part of either the live bait or tribal fishery or incidental to other fisheries for the 2015-2016 Pacific sardine fishing year. As additional conservation measures, the Council also recommended and NMFS is implementing an ACL of 7,000 mt and an annual catch target (ACT) of 4,000 mt. Incidental catch of Pacific sardine in other CPS fisheries will be managed under the ACT and be subject to the following management controls to reduce targeting and potential discard of Pacific sardine: (1) A 40 percent by weight incidental catch rate when Pacific sardine are landed with other CPS until a total of 1,500 mt of Pacific sardine are landed; (2) after 1,500 mt have been caught, the allowance will be reduced to 30 percent; and (3) when 4000 mt is reached, the incidental per landing allowance will be reduced to 5 percent for the remainder of the 2015-2016 fishing year. Additionally, the Council adopted a 2 mt incidental per landing allowance in non-CPS fisheries. Because Pacific sardine is known to comingle with other CPS stocks, these incidental allowances were adopted to allow for the continued prosecution of these other important CPS fisheries and reduce the potential discard of sardine.

    The NMFS West Coast Regional Administrator will publish a notice in the Federal Register announcing the date of attainment of any of the incidental catch levels described above and subsequent changes to allowable incidental catch percentages. Additionally, to ensure that the regulated community is informed of any closure, NMFS will make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies.

    As explained in the proposed rule, 1,000 mt of the ACL are being set aside for tribal harvest use as a result of a request by the Quinault Indian Nation.

    On May 21, 2015, NMFS published a proposed rule for this action and solicited public comments (80 FR 29296), with a public comment period that ended on June 5, 2015. NMFS received two comments—explained below—regarding the proposed Pacific sardine specifications. After consideration of the public comments, no changes were made from the proposed rule. For further background information on this action please refer to the preamble of the proposed rule.

    Comments and Responses

    Comment 1: The commenter stated that the language in the proposed rule seems to minimize the economic impact of the sardine closure on the fleet and that sardine income has been a critical component of profitability. The commenter requested that NMFS address the economic impacts of the closure by re-opening the sardine fishery as soon as possible. The commenter further states that the immediate focus should be on confirming whether the surveys used to estimate biomass are accurate.

    Response: NMFS understands and agrees that this action is likely to have a negative economic impact on vessels that harvest Pacific sardine. NMFS did not intend to minimize the potential lost revenue to sardine fisherman caused by this rule compared to previous seasons. Although most vessels within the CPS fleet may be able to shift fishing effort to other species and supplement economic losses incurred by the sardine closure, we also understand that for certain individuals, including the commenter, the prohibition on directed commercial harvest may carry a heavier financial burden. The fact that many sardine fishermen also participate in other fisheries, which is expected to help offset lost revenue from sardine harvest, was not the deciding factor for NMFS in taking this action.

    The CPS FMP and its implementing regulations require NMFS to set the harvest specifications for the Pacific sardine fishery using the control rules set in the FMP. As stated above, the Pacific sardine HG control rule includes a CUTOFF of 150,000 mt. When the sardine biomass drops below this level, the FMP dictates that there will be no quota allocated to the primary commercial directed fishery. Allowing a directed commercial fishery as requested by the commenter would therefore violate the FMP. While allowing directed commercial fishing for the 2015-2016 fishing year could provide short-term economic benefits, the HG control rule is intended to help ensure long-term opportunities for harvesting sardine and relatively stable levels of harvest as opposed to a “boom-and-bust” type fishery. Although even in the absence of a commercial fishery, unfavorable environmental conditions could keep the sardine population at a low level, the purpose of a cutoff that is three times greater than the overfished level (50,000 mt) is akin to having a pre-determined, systemic rebuilding program that limits fishing as the stock declines. A cutoff both helps prevent overfishing and also stops fishing at an early stage in the stock's decline to help maintain a stable core population of sardines that can jump-start a new cycle of population growth if the environmental conditions become favorable.

    With regard to the commenter's question about whether the surveys used to estimate sardine biomass are sound, as explained above under SUPPLEMENTARY INFORMATION, this year's biomass estimate used for the 2015-2016 specifications went through extensive review, and along with the resulting OFL and ABC, was endorsed by the Council's SSC and NMFS as the best available science. The stock assessment for the 2015-2016 fishing year, as with each annual stock assessment, went through a multi-stage review process including being reviewed and discussed by the Council, and the Council's SSC, CPS management team, and CPS advisory subpanel to ensure that the best available science is utilized when calculating the biomass estimate. Every year, NOAA conducts a stock assessment for the northern subpopulation of Pacific Sardine that combines fisheries data with data collected off the West Coast by NOAA research ships surveying for sardine eggs, larvae and schools of mature fish, with models that incorporate sardine biology. As noted by the commenter, in past years the assessment has also incorporated scientific information from industry sponsored aerial surveys. However, this survey was not conducted in 2014 so data was not available for use in the 2015 survey. If in future years this work becomes available then this data source can be incorporated.

    Comment 2: One commenter expressed support for the prohibition on directed commercial sardine fishing, but opposed the proposed ACL and ACT levels, and requested that NMFS instead set an ACL of no more than 1,000 mt. The commenter expressed an opinion that the FMP does not allow any fishing when the biomass drops below the CUTOFF. The commenter further stated that the proposed ACL would allow too much harvest at a time when the sardine biomass is low and would further reduce the population to an overfished condition and does not provide an incentive for fisherman to avoid incidentally catching sardine.

    Response: NMFS disagrees that the ACL and ACT implemented in this rule are not in line with the FMP or that they fail to prevent overfishing and thereby will not protect the stock from becoming overfished. The ACL and ACT should be viewed in the context of the OFL for the northern subpopulation of Pacific Sardine of 13,227 mt and an ABC of 12,074 mt that takes into account scientific uncertainty surrounding the OFL. These reference limits were recommended by the Council based on the control rules in the FMP and were endorsed the Council's SSC. The commenter does not note disagreement with these levels. By definition, fishing could conceivably occur up to these levels and overfishing would not be occurring and therefore fishing would not be the cause of the stock moving towards an overfished state. An ACL of 7,000 mt is well below both the OFL and ABC and with the ACT of 4,000 mt under which incidental catch of sardine will be managed, along with the multiple safeguards in place to keep the catch under that level, the management measures implemented by this rule are more than adequate to prevent exceeding the OFL.

    In response to the commenter's opinion that no harvest should be allowed when the biomass drops below the 150,000-mt CUTOFF, NMFS notes that the FMP does not forbid incidental, live bait or tribal harvest in this situation. It also appears that although the commenter states that the harvest rate in this situation should be zero, the commenter nevertheless agrees that the FMP can allow these types of harvest. The commenter specifically cites the CPS FMP language that allows for live bait harvest when the estimated biomass drops below the CUTOFF. The commenter also recommends setting the ACL at 1,000 mt to accommodate live bait, tribal and incidental harvest of sardine. Additionally, although the commenter disagrees with setting the ACL at 7,000 mt because it would allow a harvest rate above zero percent (which the commenter argues would violate the FMP), the commenter also requests that an ACL of 1,000 mt be implemented (implying that the commenter recognizes that the FMP allows a harvest rate above zero percent). Detailed information on the fishery and the stock assessment are found in the report “Assessment of the Pacific Sardine Resource in 2015 for U.S.A. Management in 2015-2016.”

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law.

    NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for the establishment of these final harvest specifications for the 2015-2016 Pacific sardine fishing season. In accordance with the FMP, this rule was recommended by the Council at its meeting in April 2015, the contents of which were based on the best available new information on the population status of Pacific sardine that became available at that time. Making these final specifications effective on July 1 is necessary for the conservation and management of the Pacific sardine resource. The FMP requires a prohibition on directed fishing for Pacific sardine for the 2015-2016 fishing year because the sardine biomass has dropped below the CUTOFF. The purpose of the CUTOFF in the FMP—and disallowing directed fishing when the biomass drops below this level—is to protect the stock when biomass is low and provide a buffer of spawning stock that is protected from fishing and available for use in rebuilding the stock. A delay in the effectiveness of this rule for a full 30 days would not allow the implementation of this prohibition prior to the expiration of the closure of the directed fishery on July 1, 2015, which was imposed under the 2014-2015 annual specifications.

    Delaying the effective date of this rule beyond July 1 would be contrary to the public interest because reducing Pacific sardine biomass beyond the limits set out in this action could decrease the sustainability of the Pacific sardine, as well as causing future harvest limits to be even lower under the harvest control rule, thereby reducing future profits of the fishery.

    These final specifications are exempt from review under Executive Order 12866.

    A final regulatory flexibility analysis (FRFA) was prepared for this action. The FRFA incorporates the Initial Regulatory Flexibility Analysis (IRFA). No issues were raised by public comments in response to the IRFA prepared pursuant to the Regulatory Flexibility Act (RFA) for this action or on the economic impacts of the rule generally. A description of the action, why it is being considered, and the legal basis for this action are contained at the beginning of this section in the preamble and in the SUMMARY section of the preamble. The results of the FRFA are stated below. Additionally for copies of the FRFA, please see the FOR FURTHER INFORMATION CONTACT section above.

    The purpose of this action is to implement the 2015-2016 annual specifications for Pacific sardine in the U.S. EEZ off the Pacific coast. Annual specifications published in the Federal Register establish the allowable harvest levels (i.e. OFL/ACL/HG) for each Pacific sardine fishing year. This final rule adopts without changes the reference points that NMFS proposed in the rule published on May 21, 2015 (80 FR 29296), including an OFL and an ABC that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine in the U.S. EEZ off the Pacific coast. The FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific sardine fishery based on the annual specification framework and control rules in the FMP.

    On June 12, 2014, the Small Business Administration (SBA) issued an interim final rule revising the small business size standards for several industries effective July 14, 2014 (79 FR 33467). The rule increased the size standard for Finfish Fishing from $19.0 to 20.5 million, Shellfish Fishing from $5.0 to 5.5 million, and Other Marine Fishing from $7.0 to 7.5 million. 78 FR 33656, 33660, 33666 (See Table 1). NMFS conducted its analysis for this action in light of the new size standards.

    The small entities that would be affected by the action are the vessels that fish for Pacific sardine as part of the West Coast CPS small purse seine fleet. As stated above, the U.S. Small Business Administration now defines small businesses engaged in finfish fishing as those vessels with annual revenues of $20.5 million or less. Under the former, lower standards, all entities subject to this action in previous years were considered small entities, and under the new standards they continue to be considered small. In 2014, there were approximately 81 vessels permitted to operate in the directed sardine fishery component of the CPS fishery off the U.S. West Coast; 58 vessels in the Federal CPS limited entry fishery off California (south of 39 N. lat.), and a combined 23 vessels in Oregon and Washington's state Pacific sardine fisheries. The average annual per vessel revenue in 2014 for the West Coast CPS finfish fleet was well below $20.5 million; therefore, all of these vessels therefore are considered small businesses under the RFA. Because each affected vessel is a small business, this rule has an equal effect on all of these small entities and therefore will impact a substantial number of these small entities in the same manner. Therefore, this rule would not create disproportionate costs between small and large vessels/businesses.

    For the 2014-2015 fishing year, approximately 22,076 mt were available for harvest by the directed non-tribal commercial fishery (this includes 2,500 released from the tribal set aside). Approximately 19,440 mt (approximately 3,378 mt in California and 16,023 mt in Oregon and Washington) of this allocation was harvested during the 2014-2015 fishing year, for an estimated ex-vessel value of $8.8 million.

    The CPS FMP and its implementing regulations require NMFS to annually set an OFL, ABC, ACL and HG or ACT for the Pacific sardine fishery based on the specified harvest control rules in the FMP applied to the current stock biomass estimate for that year. The derived annual HG or ACT is the level typically used to manage the principle commercial sardine fishery and is the harvest level typically used by NMFS for profitability analysis each year. As stated above, the FMP dictates that when the estimated biomass drops below a certain level (150,000 mt) that there is no HG. Therefore, for purposes of profitability analysis, this action is implementing an HG of zero for the 2015-2016 Pacific sardine fishing year (July 1, 2014 through June 30, 2015). As there is no directed fishing for the 2015-2016 fishing year, the rule will decrease small entities' potential profitability compared to last season.

    However, revenue derived from harvesting Pacific sardine is typically only one source of fishing revenue for a majority of the vessels that harvest Pacific sardine; as a result, the economic impact to the fleet from the action cannot be viewed in isolation. From year to year, depending on market conditions and availability of fish, most CPS/sardine vessels supplement their income by harvesting other species. Many vessels in California also harvest anchovy, mackerel, and in particular squid, making Pacific sardine only one component of a multi-species CPS fishery. For example, market squid have been readily available to the fishery in California over the last three years with total annual ex-vessel revenue averaging approximately $66 million over that time, compared to an annual average ex-vessel from sardine of $15 million over that same time period. Additionally, some sardine vessels that operate off of Oregon and Washington also fish for salmon in Alaska or squid in California during times of the year when sardine are not available. The purpose of the incidental allowances under this action are to ensure the vessels impacted by this sardine action can still access these other profitable fisheries while still limiting the harvest of sardine.

    These vessels typically rely on multiple species for profitability because the total and regional abundance of sardine, like the other CPS stocks, is highly associated with ocean conditions and seasons of the year, and therefore are harvested at various times and areas throughout the year. Because each species responds to ocean conditions in its own way, not all CPS stocks are likely to be abundant at the same time; therefore, as abundance levels and markets fluctuate, it has necessitated that the CPS fishery as a whole rely on a group of species for its annual revenues. Therefore, although there will a reduction in sardine revenue for the small entities affected by this action as compared to the previous season, it is difficult to predict exactly how this reduction will impact overall annual revenue for the fleet.

    No significant alternatives to this action exist that would accomplish the stated objectives of the applicable statutes. The zero directed harvest level is required by the FMP. NMFS implemented incidental catch allowances, which minimizes the economic impact of this rule on the affected small entities and ensures that the CPS fleet can continue fishing other CPS species where sardine incidental catch is possible.

    There are no reporting, record-keeping, or other compliance requirements required by this final rule. Additionally, no other Federal rules duplicate, overlap or conflict with this final rule.

    This action does not contain a collection-of-information requirement for purposes of the Paper Reduction Act.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: June 23, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2015-15838 Filed 6-24-15; 4:15 pm] BILLING CODE 3510-22-P
    80 124 Monday, June 29, 2015 Proposed Rules DEPARMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 150324296-5527-02] RIN 0605-AA38 Public Information, Freedom of Information Act and Privacy Act Regulations AGENCY:

    Office of the Secretary, U.S. Department of Commerce.

    ACTION:

    Proposed rule; reopening of public comment period.

    SUMMARY:

    On May 8, 2015, the Department of Commerce (Department) published in the Federal Register a proposed rule to revise the Department's regulations under the Privacy Act. In particular, the Department proposed to amend its regulations regarding applicable exemptions to the Privacy Act to reflect new Department wide systems of records notices published since the last time the regulations were updated. The Department opened a public comment period through June 8, 2015. The Department is reopening the original public comment period of 30 days for the proposed rulemaking for an additional 30 days from the date of publication of this notice. The reopening is necessary because not all interested parties may have been given appropriate notification about this proposed new system of records, as well as time to respond with comments prior to the closing date of the original public comment period of June 8, 2015.

    DATES:

    The comment period for the proposed rule published May 8, 2015 (80 FR 26499), is reopened. To be considered, written comments must be submitted on or before July 29, 2015.

    ADDRESSES:

    You may submit written comments, identified by Regulatory Identification Number (RIN) 0605-AA38, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: (202) 482-0827. Include RIN 0605-AA38 in the subject line.

    Mail: Dr. Michael Toland, Office of Privacy and Open Government, 1401 Constitution Ave. NW., Washington, DC 20230.

    Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to regulations.gov, including any personal information received. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section for the proposed rule published May 8, 2015 (80 FR 26499).

    FOR FURTHER INFORMATION CONTACT:

    Dr. Michael Toland, Office of Privacy and Open Government, 1401 Constitution Ave. NW., Washington, DC 20230, (202) 482-3842.

    SUPPLEMENTARY INFORMATION:

    On May 8, 2015, the Department of Commerce published in the Federal Register a rule proposing revisions to the Department's Privacy Act regulations under the Privacy Act. The revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language in the regulations in the following provisions: § 4.33 (General exemptions); and § 4.34 (Specific Exemptions). See 80 FR 26499, May 8, 2015. In the original proposal, the Department requested comment on or before June 8, 2015. The public comment period is being reopened because not all interested parties may have been given adequate notice, as well as time to respond with comments about the Department's proposal to revise its regulations under the Privacy Act of 1974. This reopening will provide an opportunity for appropriate review and comment of the proposed rulemaking now posted in regulations.gov, RIN 0605-AA38, or in the public docket, Docket ID No. 150324296-5265-01, for 30 days from the date of today's publication.

    All previously submitted comments will be responded to as appropriate, and members of the public who have submitted comments during the prior comment period need not resubmit them at this time. Comments received after June 8, but before publication of this notice must be resubmitted in order to be considered.

    If no comments are received, a rule will be published, effective as proposed in 80 FR 26499 (May 8, 2015) on the date of publication, in the Federal Register.

    Dated: June 19, 2015. Catrina D. Purvis, Department of Commerce, Chief Privacy Officer and Director for Open Government.
    [FR Doc. 2015-15865 Filed 6-26-15; 8:45 am] BILLING CODE 3510-BX-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 2 [Docket No. FDA-2015-N-1355] Use of Ozone-Depleting Substances; Request for Comment Concerning Essential-Use Designations AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice and request for public comment.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is seeking public comment on whether the uses of ozone-depleting substances (ODSs), including chlorofluorocarbons (CFCs), in certain FDA-regulated products currently designated essential are no longer essential under the Clean Air Act due to the availability of alternatives that do not use CFCs or because the products are no longer being marketed. Essential-use products are exempt from FDA's ban on the use of CFC propellants in FDA-regulated products and the Environmental Protection Agency's (EPA's) ban on the use of CFCs in pressurized dispensers. FDA is seeking public comment because it is responsible for determining which FDA-regulated products that release CFCs or other ODSs are essential uses under the Clean Air Act. FDA is soliciting comments to assist the Agency in striking an appropriate balance that will best protect the public health, both by ensuring the availability of an adequate number of alternatives and by curtailing the release of ODSs.

    DATES:

    Submit written or electronic comments by August 28, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Written Submissions

    Submit written submissions in the following ways:

    Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Instructions: All submissions received must include the Docket No(s). ([INSERT]). All comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the “Comments” heading of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov and insert the docket number(s), found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Daniel Orr, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6246, Silver Spring, MD 20993, 240-402-0979, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Any drug, device, cosmetic, or food contained in an aerosol product or other pressurized dispenser that releases a CFC or other ODS propellant is not an essential use of the ODS under the Clean Air Act except as provided in 21 CFR 2.125(c) and (e). This prohibition is based on scientific research indicating that CFCs reduce the amount of ozone in the stratosphere and thereby increase the amount of ultraviolet radiation reaching the Earth. An increase in ultraviolet radiation will increase the incidence of skin cancer, and produce other adverse effects of unknown magnitude on humans, animals, and plants. Sections 2.125(c) and (e) provide exemptions for essential uses of ODSs for certain products containing ODS propellants that FDA determines provide unique health benefits that would not be available without the use of a CFC.

    EPA regulations implementing the provisions of section 610 of the Clean Air Act (42 U.S.C. 7671i) contain a general ban on the use of CFCs in pressurized dispensers, such as metered-dose inhalers (MDIs) (40 CFR 82.64(c) and 82.66(d)). These EPA regulations exempt from the general ban “medical devices” that FDA considers essential and that are listed in 21 CFR 2.125(e). Section 601(8) of the Clean Air Act (42 U.S.C. 7671(8)) defines “medical device” as any device (as defined in the FD&C Act), diagnostic product, drug (as defined in the FD&C Act), and drug delivery system, if such device, diagnostic product, drug, or drug delivery system uses a class I or class II ODS for which no safe and effective alternative has been developed (and, where necessary, approved by the Commissioner of Food and Drugs (the Commissioner)); and if such device, diagnostic product, drug, or drug delivery system has, after notice and opportunity for public comment, been approved and determined to be essential by the Commissioner in consultation with the Administrator of EPA (the Administrator). Class I substances include CFCs, halons, carbon tetrachloride, methyl chloroform, methyl bromide, and other chemicals not relevant to this document (see 40 CFR part 82, appendix A to subpart A). Class II substances include hydrochlorofluorocarbons (see 40 CFR part 82, appendix B to subpart A).

    Production of ODSs is being phased out worldwide under the terms of the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol), Sept. 16, 1987, S. Treaty Doc. No. 10, 100th Cong., 1st sess., 26 I.L.M. 1541 (1987). In accordance with the provisions of the Montreal Protocol, under authority of Title VI of the Clean Air Act (section 601 et seq.), manufacture of ODSs, including CFCs, in the United States was banned generally as of January 1, 1996. To receive permission to manufacture CFCs in the United States after the phase-out date, manufacturers must obtain an exemption from the phase-out requirements from the Parties to the Montreal Protocol. Procedures for securing an essential-use exemption under the Montreal Protocol are described in the most recent request by EPA for applications for exemptions (60 FR 54349, October 23, 1995). Firms that wish to use CFCs manufactured after the phase-out date in medical devices (as defined in section 601(8) of the Clean Air Act) covered under section 610 of the Clean Air Act must receive exemptions for essential uses under the Montreal Protocol.

    Faced with the statutorily mandated phase-out of the production of CFCs, drug manufacturers have developed alternatives to MDIs and other self-pressurized drug dosage forms that do not contain ODSs. Examples of these alternative dosage forms are MDIs that use non-ODSs as propellants and dry-powder inhalers. The current and future availability of technically feasible alternatives to the use of a CFC may mean that the existing listing of an essential use in 21 CFR 2.125(e) no longer reflects current conditions. It is with this situation in mind that FDA is seeking public comment regarding the Agency's consideration of whether certain uses of ODSs are no longer essential.

    FDA is soliciting comments to assist the Agency in striking an appropriate balance that will best protect the public health by ensuring the availability of an adequate number of treatment alternatives and by curtailing the release of ODSs.

    II. Listed Uses That May No Longer Be Considered Essential

    There are certain uses of CFCs currently listed in 21 CFR 2.125(e) as essential that may no longer be considered as essential. Section 2.125(g) sets forth standards for determining whether the use of an ODS in a medical product is no longer essential. FDA is seeking public comment concerning whether the following uses should still be considered essential:

    A. Sterile Aerosol Talc Administered Intrapleurally by Thoracoscopy for Human Use (21 CFR 2.125(e)(4)(ix))

    There is currently one sterile aerosol talc product containing ODSs which is approved for administration intrapleurally by thoracoscopy for human use for the treatment of recurrent malignant pleural effusion (MPE) in symptomatic patients. Under 21 CFR 2.125(g)(3), an essential-use designation for individual active moieties marketed as ODS products and represented by one new drug application may no longer be essential if:

    • At least one non-ODS product with the same active moiety is marketed with the same route of administration, for the same indication, and with approximately the same level of convenience of use as the ODS product containing that active moiety;

    • Supplies and production capacity for the non-ODS product(s) exist or will exist at levels sufficient to meet patient need;

    • Adequate U.S. postmarketing-use data are available for the non-ODS product(s); and

    • Patients who medically require the ODS product are adequately served by the non-ODS product(s) containing that active moiety and other available products (21 CFR 2.125(g)(3)).

    Sterile aerosol talc is currently marketed for intrapleural administration in two non-ODS formulations—powder and aerosol. Sterile aerosol talc is a powder formulation of talc available for intrapleural administration via chest tube. Sclerosol Intrapleural Aerosol (sterile talc powder) is an aerosol formulation which contains the propellant, hydrofluoroalkane (HFA) 134a and is approved for intrapleural administration. Sclerosol Intrapleural Alcohol, a form of aerosol sterile talc, is indicated for the treatment of recurrent MPE in symptomatic patients.

    The route of administration, indications, and level of convenience appear to be the same for the ODS and non-ODS formulations of sterile aerosol talc. Moreover, because production of non-ODS formulations are not limited by restrictions on the use of ODSs, the Agency believes that non-ODS formulations can be produced at greater quantities and have the potential to be more widely available than prior formulations that contained ODSs. In addition, there is adequate U.S. postmarketing-use data indicating that the non-ODS products are available in sufficient quantities to serve the current patient population. For these reasons, we believe that patients may be adequately served by the non-ODS products containing sterile aerosol talc. Thus, FDA is seeking public comment concerning whether sterile aerosol talc administered intrapleurally by thoracoscopy for human use is no longer an essential use of ODSs described in 21 CFR 2.125(e).

    B. Drug Products That Are No Longer Being Marketed

    Under 21 CFR 2.125(g)(1), an active moiety may no longer be an essential-use (21 CFR 2.125(e)) if it is no longer marketed in an approved ODS formulation. FDA believes failure to market indicates non-essentiality because the absence of a demand sufficient for even one company to market the product is highly indicative that the use is not essential.

    FDA is seeking public comment as to whether metered-dose atropine sulfate aerosol human drugs administered by oral inhalation (21 CFR 2.125(e)(4)(vi)) and anesthetic drugs for topical use on accessible mucous membranes of humans where a cannula is used for application (21 CFR 2.125(e)(4)(iii)) are no longer essential uses as described at 21 CFR 2.125(e). FDA has information that these products are not currently being marketed in an approved form that releases ODSs, and, under 21 CFR 2.125(g)(1), they may no longer constitute an essential-use. Because these products are no longer being marketed, FDA does not believe that loss of essential use status would not result in any drugs being made unavailable to patients.

    III. Comments

    Interested persons may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 24, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-15902 Filed 6-26-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Parts 630 and 635 [Docket No. FHWA-2015-0009; FHWA RIN 2125-AF61 Construction Manager/General Contractor Contracting AGENCY:

    Federal Highway Administration, DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM); request for comments.

    SUMMARY:

    Section 1303 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) amends 23 U.S.C. 112 to require the Secretary of Transportation to promulgate regulations as necessary to implement the Construction Manager/General Contractor (CM/GC) contracting method. This NPRM initiates the formal rulemaking process to fulfill the legislative requirement and establish such regulations as are necessary for the FHWA's approval of projects using the CM/GC method of contracting.

    DATES:

    Comments must be received on or before August 28, 2015.

    ADDRESSES:

    To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means:

    • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments.

    • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE., West Building Ground Floor Room W12-140, Washington, DC 20590-0001;

    • Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE., between 9 a.m. 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366-9329;

    • Instructions: You must include the agency name and docket number DOT-FHWA-or the Regulatory Identification Number (RIN) for the rulemaking at the beginning of your comments. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Gerald Yakowenko, Contract Administration Team Leader, Office of Program Administration, (202) 366-1562, or Ms. Janet Myers, Office of the Chief Counsel, (202) 366-2019, Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays.

    SUPPLEMENTARY INFORMATION:

    Summary

    This regulatory action is undertaken to fulfill the statutory requirement in Section 1303(b) of MAP-21 requiring the Secretary to promulgate a regulation to implement the CM/GC method of contracting. The CM/GC is a contracting method that allows a contracting agency to use a single procurement to secure pre-construction and construction services. In the pre-construction services phase, a contracting agency procures the services of a construction contractor early in the design phase of a project in order to obtain the contractor's input on constructability issues that may be affected by the project design. A CM/GC contractor does not provide any preliminary or final design services. As part of the preconstruction services phase of a CM/GC contract, the CM/GC contractor provides information for consideration in the design and environmental review processes on construction-related aspects of a project, including the potential effects of design elements on construction costs, schedule and quality. The second phase, for construction services, may begin once environmental review is complete and risks are adequately defined. If the contracting agency and the CM/GC contractor are able to agree on a price for a given scope and schedule for construction, the CM/GC contractor and the contracting agency may execute contract commitments for the construction services phase of the project or a portion of the project.1 The CM/GC method has proven to be an effective method of project delivery through its limited deployment in the FHWA's Special Experimental Project Number 14 (SEP-14) Program. Utilizing the contractor's unique construction expertise in the design phase can offer innovations, best practices, reduced costs, and reduced schedule risks.

    1 After NEPA is complete, early work packages may be used and can be awarded while final design for the project is being completed, as described in the Section-by-Section analysis for sections 635.504 and 635.506(d).

    The major provisions of these proposed regulations include: (1) establish the minimum standards that contracting agencies' CM/GC procurement procedures must follow, (2) establish the FHWA's role in reviewing contracting agencies' CM/GC procurement procedures and other FHWA approval requirements, (3) establish the procedures for authorizing Federal funds for CM/GC projects, and 4) establish rules regarding the relationship between the procurement of CM/GC project and the environmental review process required under the National Environmental Policy Act (NEPA) of 1969. The rule would apply to State transportation agencies (STA) that contract for CM/GC services, and any State or local government agency, public-private partnership, or Indian tribe (as defined in 2 CFR 200.54) that is acting under the supervision of the STA and is awarding or administering a CM/GC contract.

    (1) The CM/GC Procurement Procedures: The proposed regulations provide that CM/GC contracts must be procured through competitive selection procedures providing for free and open competition. This section also establishes procedural options for a contracting agency to utilize in procuring CM/GC projects, the minimum information required to be included in a CM/GC solicitation document, rules regarding the use of interviews, and the basis on which CM/GC contracts are to be awarded.

    (2) The FHWA Concurrence in CM/GC Procedures, Contract Documents, and Contract Awards: These proposed regulations provide that contracting agencies must submit their CM/GC procurement procedures to FHWA for approval to fulfill FHWA responsibilities to ensure that the procedures comply with Federal requirements. The proposed rule also provides that certain documents or actions relating to CM/GC contracting, such as contract solicitation documents, contracts, contract prices, and contract price analyses, require FHWA approval prior to award. While the proposed regulation would reserve the approval of the State's CM/GC procedures to FHWA, it would permit States to assume all other CM/GC approvals through the FHWA-State Stewardship and Oversight Agreements in accordance with 23 U.S.C. 106(c) and related FHWA guidance (see http://www.fhwa.dot.gov/federalaid/stewardship/140328.cfm). If an STA assumes responsibility for CM/GC approvals under 23 U.S.C. 106(c), the STA would be required to include documentation in the project file regarding actions taken for assumed responsibilities. The documentation must be sufficient to substantiate the approval or determination and, if applicable, to support project authorization. In such cases, the STA will provide FHWA with the documentation upon request. Note that the authority for State assumption does not extend to eligibility determinations or project authorizations.

    (3) Authorization: These proposed regulations provide that FHWA must approve contracting agencies' price estimate for the entire CM/GC project before the authorization of construction services. Also, these proposed regulations provide that FHWA must approve contracting agencies' price or cost analyses, performed in accordance with 2 CFR 200.323(a), for preconstruction and constructions services before the authorization of either of those activities. These approvals would be subject to STA assumption of responsibilities under 23 U.S.C. 106(c). When authorizing construction services, FHWA will rely on the agreed price and scope of services or, if no agreement is reached between the contracting agency and the CM/GC contractor, on the price established through competitive bidding.

    (4) Relationship to NEPA: These proposed regulations also establish the relationship of the procurement of CM/GC projects to the NEPA process to ensure that the CM/GC process may be used on projects involving all potential NEPA reviews—a categorical exclusion, environmental assessment (EA), or environmental impact statement (EIS). One area in which CM/GC projects are similar to design-build projects is that both types of projects may be awarded to a contractor before the completion of NEPA. As such, these proposed regulations incorporate many of the provisions regarding this relationship from the design-build regulations at 23 CFR 636.109, such as ensuring that alternatives will be evaluated and fairly considered when a project involves an EA or EIS, including a provision in the CM/GC contract that allows termination in the event the environmental review process does not result in the selection of a build alternative, and permitting Federal authorization of preliminary design activities. These proposed regulations also establish the rules and conditions under which Federal funds may participate, through reimbursement after the completion of the NEPA process, in eligible costs of final design activities that the contracting agency undertook at its own expense before completion of the NEPA process.

    Background

    Section 1303 of MAP-21 amended 23 U.S.C. 112(b) by adding paragraph (4) to authorize the use of the CM/GC method of contracting for projects carried out by, or under the supervision of, an STA.

    While the term CM/GC is not used in Section 1303 of MAP-21, the statute allows contracting agencies to award a two-phase contract to a “construction manager or general contractor” for the provision of construction-related services during both the preconstruction and construction phases of a project. State statutes authorizing this method of contracting use different titles including: CM/GC, Construction Manager at-Risk, and General Contractor/Construction Manager. Regardless of the terminology used by grantees and subgrantees, FHWA has elected to use the term “construction manager/general contractor,” or “CM/GC,” in reference to two-phase contracts that provide for construction-related services in the preconstruction and construction phases of a project.

    The CM/GC contracting method allows a contracting agency to receive a contractor's constructability recommendations during the design process. A number of States, including Utah, Colorado, and Arizona, have used the CM/GC project delivery method on a number of Federal-aid highway projects under FHWA's SEP-14 program with great success. These projects have shown that early contractor involvement through the CM/GC method has the potential to improve the quality, performance, and cost of the project while ensuring that construction issues are addressed and resolved early in the project development process. The CM/GC contractor's constructability input during the design process is used to supplement, but not replace or duplicate, the engineering or design services provided by the contracting agency or its consultant. More information about the CM/GC project delivery method can be found on the FHWA's Every Day Counts Web page at http://www.fhwa.dot.gov/everydaycounts/edctwo/2012/cmgc.cfm.

    The following procedures are typically included in the CM/GC contracting method: (1) The contracting agency enters into an agreement for pre-construction services with a construction contractor who provides advice regarding constructability, price, construction scheduling, and other information related to the construction of the project; (2) the contracting agency may use this information in the preliminary and final design phases of the project; (3) at a certain stage in the design process where risks are adequately identified and the scope of work is defined sufficiently for the contracting agency and the CM/GC contractor to reasonably determine price, the contracting agency may receive a price proposal from the CM/GC contractor (or negotiate a price) for the defined scope and schedule for the project or a portion of the project (such as an early work package); and (4) if the price is reasonable, the contracting agency awards a construction contract for the project or portion of the project. If the contracting agency is not able to reach an agreement regarding price, scope, and schedule, it may complete the design and let a traditional construction contract by competitive bidding in accordance with Part 635. Given the advanced stage of design at the conclusion of the preconstruction phase of a CM/GC project, it is unlikely that a contracting agency would convert the project to a design-build project; however, in such cases, the contracting agency must comply with FHWA's design-build procurement and other requirements in Part 636.

    Services provided by the selected CM/GC contractor during the preconstruction phase generally shall be limited to providing advice on construction scheduling, sequencing, cost estimation, constructability, material pricing, risk identification, and other construction related-factors or issues (as defined in 23 U.S.C. 112(b)(4)(A)(ii)). During the construction phase of the contract, the CM/GC contractor is responsible for the physical construction of the project, or portion of the project, for the agreed scope, schedule, and price.

    The selected CM/GC contractor must not provide or conduct engineering and design related services (as defined in 23 U.S.C. 112(b)(2) and 23 CFR part 172) under the contract. During the construction phase of a CM/GC project, the CM/GC contractor may provide incidental engineering related services typically performed by general construction contractors, such as the preparation of falsework plans, shop drawings, etc., which are identified within the request for proposal and in the final plans and specifications for the project. These services are not engineering and design related services as defined in 23 CFR 172.3. Engineering and design related services for a project utilizing a CM/GC contract would still be procured under a separate contract in accordance with 23 CFR part 172.

    Section 1303(b) of MAP-21 requires FHWA, acting on behalf of the Secretary of Transportation, to promulgate regulations as necessary to implement the CM/GC method of contracting. This NPRM is intended to address the legislative requirement and establish procedures for FHWA's approval of the CM/GC method of contracting in the Federal-aid highway program.

    Section-by-Section Discussion of the Proposed Changes General Conforming Amendments in 23 CFR Parts 630 and 635

    The FHWA proposes several amendments in 23 CFR part 630 and 635 to account for the particular application of various Federal requirements to CM/GC projects.

    Section 630.106

    The FHWA proposes to amend 23 CFR 630.106(a)(8) to provide for the execution of the project agreement for CM/GC projects. This amendment is similar to the existing language for design-build projects at § 630.106(a)(7) in that this proposed amendment makes clear that FHWA execution of a project agreement for preconstruction services associated with final design and for construction shall not occur until after the completion of the NEPA process. This language implements 23 U.S.C. 112(b)(4)(C)(ii), which prohibits the contracting agency from awarding the construction services phase of a CM/GC contract until after completion of the NEPA process.

    Section 635.102

    The FHWA proposes to amend the definitions in 23 CFR 635.102 by adding a definition of CM/GC project. This definition incorporates the language at 23 U.S.C. 112(b)(4)(A)(i) authorizing contracting agencies to award 2-phase contracts to a construction manager or general contractor for preconstruction and construction services.

    Section 635.104

    The FHWA proposes to amend 23 CFR 635.104 to state that the applicable regulations pertaining to the CM/GC contracting process, which are proposed in this rule, apply to CM/GC projects.

    Section 635.107

    The FHWA proposes to amend 23 CFR 635.107 to clarify that the disadvantaged business enterprise program requirement will also apply to CM/GC projects.

    Section 635.109

    The FHWA proposes to amend 23 CFR 635.109 to clarify that the standardized changed condition clauses would also apply to construction services agreements of CM/GC projects.

    Section 635.110

    The FHWA proposes to amend 23 CFR 635.110 to clarify that STAs may use their own bonding, insurance, licensing, qualification or prequalification procedure for any phase of design-build or CM/GC procurement.

    Section 635.112

    The FHWA proposes to amend 23 CFR 635.112 to indicate that the FHWA Division Administrator's approval of the solicitation document constitutes FHWA's approval to use the CM/GC contracting method and approval to release the solicitation document.

    Section 635.113

    The FHWA proposes to amend 23 CFR 635.113 to make clear that the requirements for bid opening and tabulation do not apply to CM/GC projects because the requirements in this section are only appropriate for projects delivered under the traditional design-bid-build method.

    Section 635.114

    The FHWA proposes to amend 23 CFR 635.114 to make clear that the award of a contract for a CM/GC project and the FHWA's concurrence in such award are subject to the proposed requirements in 23 CFR part 635 subpart E.

    Section 635.122

    The FHWA proposes to amend 23 CFR 635.122 to require contracting agencies to define their procedures for making progress payments for CM/GC projects in the appropriate solicitation and contract documents.

    Section 635.309

    The FHWA proposes to amend 23 CFR 635.309(p) to make clear what certification is required as a prerequisite to FHWA authorization of physical construction and final design activities. Since both CM/GC and design-build contracts are similar in that both types of contracts may be awarded before the completion of the NEPA process, FHWA believes that the certification requirements applicable to design-build contracts should be equally applicable to CM/GC contracts.

    CM/GC Procedures and Requirements

    The FHWA proposes to add a new subpart E to 23 CFR part 635 to provide the policies, requirements, and procedures relating to the use of CM/GC contracting. As previously discussed, with the exception of approval of STA CM/GC procedures, all FHWA approval requirements proposed in this new subpart would be subject to assumption by the STA in accordance with 23 U.S.C. 106(c).

    Section 635.501—Purpose

    In 23 CFR 635.501, we propose to add a paragraph describing that the general purpose of subpart E is to prescribe the policies, requirements, and procedures for the use of the CM/GC contracting method.

    Section 635.502—Definitions

    In 23 CFR 635.502, we propose the definitions for certain terms utilized in subpart E.

    First, FHWA proposes to define the term agreed price to mean the price agreed to by the CM/GC contractor and the contracting agency for construction services.

    Second, FHWA proposes to define the term CM/GC contractor to mean the entity that has been awarded a CM/GC contract and is responsible for providing preconstruction services under the first phase and, if a price agreement is reached, construction services under the second phase of such contract.

    Third, FHWA proposes to define the term CM/GC project to mean a project delivered using a 2-phase contract for preconstruction and construction services. This definition is the same as the definition proposed for section 635.102.

    Fourth, FHWA proposes to define the term construction services as the physical construction work undertaken by a CM/GC contractor to construct a project or a portion of the project (including early work packages). Construction services may be authorized as a single contract for the project, or through a combination of contracts covering portions of the project. If a combination of contracts is used for the CM/GC project construction phase, procurement and authorization procedures are the same for every construction services contract.

    Fifth, FHWA proposes to define the term contracting agency as the STA and any State or local government agency, public-private partnership, or Indian tribe (as defined in 2 CFR 200.54) that is acting under the supervision of the STA. This definition is consistent with the grant structure reflected in 23 U.S.C. 112(a), (b)(1), and (d). Those provisions set forth requirements and authorities applicable to STAs as the recipients of title 23 funds. The requirements include STA responsibility for overseeing compliance with applicable Federal requirements by STA contractors and subrecipients. In the proposed rule, the definition of “contracting agency” explicitly acknowledges that both public and private entities may serve as subrecipients of title 23 funds. This is consistent with 2 CFR 200.330, which guides determinations on whether a non-Federal entity is receiving funds as a subrecipient or as a contractor.

    Sixth, FHWA proposes to define the term Division Administrator as the chief FHWA official assigned to conduct business in a particular State.

    Seventh, FHWA proposes to define the term early work package as a portion or phase of construction work (including material acquired for a construction phase) that is procured before all design work for the project is complete. Under the proposed rule, once NEPA is complete, early work packages would allow contracting agencies to acquire long-lead items or start a particular phase of construction for which the risks are adequately identified and the scope of work is defined sufficiently for the contracting agency and the CM/GC contractor to reasonably determine price. If the authorized early work ultimately is not needed or used for the project, Federal-aid funding participation would be determined in a manner similar to FHWA's long-established test for participation in the cost of corrective work necessitated by engineering errors (see FHWA guidance at http://www.fhwa.dot.gov/programadmin/contracts/071263.cfm and http://www.fhwa.dot.gov/programadmin/contracts/090878.cfm). The FHWA would determine, on a case-by-case basis, whether the excess costs were incurred based on the reasonable exercise of diligence and judgment by the contracting agency, in which case participation is permissible. If carelessness, negligence, or incompetence on the part of the contracting agency or those working on its behalf led to the excess costs, then Federal-aid participation will be denied. Although there is some financial risk to the contracting agency associated with using early work packages, in certain instances, the use of early work packages may provide for schedule acceleration, overall risk mitigation, and cost savings related to inflation. The use of an early work package as a phase of a project is consistent with 23 U.S.C. 112(b)(4)(A)(iii)-(iv).

    Eighth, FHWA proposes to define the term final design as having the same meaning as defined in 23 CFR 636.103. The FHWA intends for the definition of final design to be as uniform as possible for all project delivery methods.

    Ninth, FHWA proposes to define the term NEPA process to make clear that this is the environmental review required under the National Environmental Policy Act of 1969, the applicable portions of the CEQ Regulations Implementing NEPA (40 CFR parts 1500-1508), and the FHWA regulations implementing NEPA at 23 CFR part 771.

    Tenth, FHWA proposes to define the term preconstruction services as consulting to provide a contracting agency and its designer with information regarding the impacts of design on the physical construction of the project. The ability of a contracting agency to obtain this information from the CM/GC contractor early in the process is the key component of a CM/GC contract and is what makes this project delivery method beneficial. Under the preconstruction services phase of a CM/GC contract, the CM/GC contractor may provide such information during both preliminary and final design phases. However, while preconstruction services includes constructability input from a CM/GC contractor, these services must not constitute design and engineering related services as defined in 23 CFR 172.3. Any procurement of design and engineering related services must follow the procedures required under 23 CFR part 172.

    Eleventh, FHWA proposes to define the term preliminary design as having the same meaning defined in 23 CFR 636.103. The FHWA intends for the definition of preliminary design to be as uniform as possible for all project delivery methods.

    Twelfth, FHWA proposes to define the term solicitation document as the document used by a contracting agency to advertise a CM/GC project and request expressions of interest, statements of qualifications, proposals or offers.

    Lastly, FHWA proposes to define the term State transportation agency as having the same meaning as the term State transportation department under section 635.102.

    Section 635.503—Applicability

    In 23 CFR 635.503, FHWA proposes to add a general statement of the applicability regarding the requirements for this subpart. The requirements apply to all CM/GC Federal-aid projects within the right-of-way of a public highway or projects which are linked to a Federal-aid project within the right-of way of a public highway. The determination whether a project is “linked” is based on proximity, dependency, or impact (i.e., the non-highway construction project would not exist without the public highway, or exists to fulfill a separate requirement of another highway project). Where the applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. The terms “Federal-aid highway” and “highway,” as used in this NPRM, are defined in 23 U.S.C. 101(a)(6) and (11), respectively. The proposed language for this rule is similar to applicability language used in the design-build contracting regulation (23 CFR 636.104). The applicability provision is intended to distinguish between projects that are subject to the provisions of 23 CFR parts 635 and 636, and projects where the contracting agency may follow State-approved procedures and requirements. Parts 635 and 636 are applicable to Federal-aid construction projects that are located within the right-of-way of a public highway. For projects neither within a right-of-way of a public highway, nor linked to a project within a right-of way of a public highway, contracting agencies may follow their own State-approved procurement procedures consistent with 2 CFR part 200. These distinctions in procurement requirements are discussed in the June 26, 2008, FHWA guidance “Procurement of Federal-aid Construction Contracts,” available online at http://www.fhwa.dot.gov/construction/080625.cfm.

    Section 635.504—CM/GC Requirements

    In section 635.504(a), FHWA proposes to make clear that contracting agencies may award a 2-phase contract for preconstruction and construction services, as provided in 23 U.S.C. 112(b)(4)(A). The two phases shall be the preconstruction and construction phases, respectively. Subject to applicable procurement requirements, the contracting agency has flexibility in determining how to structure the award and contract documents that flow from the single competitive procurement of the CM/GC contractor authorized in 23 U.S.C. 112(b)(4)(A), enacted by MAP-21. For example, the contracting agency may elect to use a single contract document that makes firm commitments for the preconstruction services at the time the contract is executed, but conditions commitments for construction services on actions that occur in the future (e.g., a negotiated agreement on construction price). Alternatively, the contracting agency may choose to structure the commitments by using separate agreements for the preconstruction and construction services phases. In this latter scenario, the contracting agency may treat the contract award as occurring in two phases. The construction services phase may occur under one contract or under multiple contracts covering portions of the project, including early work packages.

    The FHWA believes these contracting flexibilities are consistent with the contracting efficiency purposes underlying 23 U.S.C. 112(b)(4), and with contracting practices used by participants in the CM/GC SEP-14 experiments approved by FHWA. The language in 23 U.S.C. 112(b)(4) is ambiguous with respect to whether there is any limitation on the number of contracts that may be used to carry out the 2-phase CM/GC process. Section 112(b)(4) of Title 23, U.S.C. references the use of “a 2-phase contract” (23 U.S.C. 112(b)(4)(A)(i)), which could be interpreted as limiting CM/GC contracting agencies to the use of a single contract. However, 23 U.S.C. 112(b)(4)(C)(ii) references “the award of the construction services phase of a contract.” This could be read as calling for the use of two contracts. The “award” of a public contract typically is the contracting agency's decision to accept an offer for performance of the specified work. In the normal course of business, an award is followed by the execution of a contract between the contracting agency and the successful offeror. Based on its experience with CM/GC contracting, FHWA concluded requiring the use of a single contract would create legal and administrative barriers to the use of CM/GC contracting. For example, procurement laws in some States require the use of separate contracts for preconstruction and construction services. In addition, it could be administratively challenging to develop adequate construction contract documents at the time of the selection of the CM/GC contractor. Much of the relevant construction information is not available until well into the preconstruction phase. The FHWA concluded it is important to provide contracting agencies with the flexibility to use either a single contract or multiple contracts for CM/GC projects. This will facilitate the use of the CM/GC method of procurement and further the statutory purpose of more efficient contracting.

    In section 635.504(b), FHWA proposes several requirements that apply to contracting agencies' CM/GC procedures. First, consistent with 23 U.S.C. 112(a) and the new provisions in 23 U.S.C. 112(b)(4)(B), FHWA proposes that all CM/GC contracts be procured utilizing competitive selection procedures providing for free and open competition. The requirement for free and open competition is a fundamental principle under 23 U.S.C. 112 for the procurement of all Federal-aid highway projects.

    Second, FHWA proposes to allow contracting agencies to procure the services of a CM/GC contractor using any of the following solicitation options: Letters of interest, requests for qualifications, interviews, request for proposals, or other solicitation procedures permitted by applicable State law, regulation, or policy that promote a fair and transparent procurement process.

    Third, FHWA proposes to require contracting agencies to provide the following minimum information in their solicitation documents for CM/GC preconstruction services to ensure fairness and transparency: (1) A clearly defined scope of services; (2) a list of evaluation factors and significant subfactors, including their relative weight of importance that will be used in evaluating proposals; (3) a list of required deliverables; (4) an indication of whether interviews will be conducted before establishing the final rank; and (5) a sample contract form(s). In FHWA's experience, this information is needed, at a minimum, to have an effective, fair, and transparent procurement process. In addition, this information is typical of what many of the contracting agencies that have utilized CM/GC under SEP-14 have included in their solicitation documents.

    Fourth, FHWA proposes to require contracting agencies to offer the opportunity for an interview to all short listed firms if the contracting agency intends to interview any contractor during the procurement process. If an interview is conducted, the opportunity for an interview must be offered to all shortlisted firms (or firms that submitted responsive proposals, if a short list is not used). Also, in conducting interviews, contracting agencies must not engage in conduct that favors one offeror over another and must not disclose one contractor's proposal to another. The FHWA feels that interviews could aid a contracting agency in evaluating its selection of a contractor for a CM/GC project. If interviews are conducted, then it is important that they be done in a fair and transparent manner.

    Fifth, FHWA proposes to permit contracting agencies to award CM/GC contracts based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency as provided in 23 U.S.C. 112(b)(4)(B) and allowed by State law.

    Lastly, FHWA proposes that contracting agencies follow the traditional competitive bidding process required under 23 CFR part 635 subpart A in situations where they are unable to agree on a price with the CM/GC contractor for the construction of the project. In such cases, it is proposed that the contracting agency must notify the FHWA Division Administrator of this decision and request FHWA's approval before advertising for the receipt of competitive bids pursuant to 23 CFR 635 Subpart A if Federal-aid funding is desired in the cost of construction. Once the contracting agency advertises for bids or proposals for the project or a portion of the project, the contracting agency no longer can use the CM/GC agreed price procedures under this regulation.

    Where contracting agencies bid the construction of the project after being unable to reach a price agreement with the CM/GC contractor, there is an inherent risk that the CM/GC contractor may have (or be perceived as having) an unfair advantage if permitted to competitively bid for project construction work. Under the proposed rule, the contracting agency may follow State or local procurement policies in determining if there is a real or apparent conflict of interest and it is necessary to preclude the CM/GC contractor from competitive bidding. For example, the contracting agency may determine that the CM/GC contractor that performed preconstruction services does not have an inherent advantage over other potential bidders/proposers because the same information is available to all bidders/proposers. In other cases, the contracting agency may preclude the CM/GC contractor from competing with other firms due to State or local conflict of interest policies, or a belief that the firm has knowledge or information that other potential bidders/proposers do not have.

    In section 635.504(c), FHWA proposes several standards governing the FHWA's approval of an STA's CM/GC procedures.

    First, FHWA proposes that STAs must submit their proposed CM/GC procurement procedures to the FHWA Division Administrator for review and approval. This review and approval is consistent with 23 U.S.C. 112(a), and is necessary to facilitate efficient administrative oversight of an STA's CM/GC procurement process for compliance with Federal requirements. The FHWA's approval of the STA's process will eliminate the need for FHWA to review and evaluate the STA's CM/GC procurement process on a project-by-project basis. Also, this review and approval is consistent with other project delivery methods. The FHWA also proposes that other contracting agencies be allowed to either follow the FHWA-approved STA procedures or their own local procedures if such local procedures are approved by both the STA and FHWA.

    Second, FHWA proposes to establish the parameters for the Division Administrator's approval of the STA's CM/GC procedures. Under the proposed rule, the Division Administrator would be required to review an STA's CM/GC procedures to verify that the procedures conform to the requirements of applicable Federal regulations and do not operate to restrict competition.

    The Division Administrator's approval of CM/GC procurement procedures is a program-level action and may not be delegated or assigned to the STA.

    In 23 CFR 635.504(d), FHWA proposes to include language that makes it clear the 30 percent minimum self-performance requirement by the general contractor in 23 CFR 635.116(a) applies to all agreements for construction services. In CM/GC contracting, the contractor's role in the construction phase of the contract is very similar to a general contractor's role in traditional bid-build contracting. Therefore, it is reasonable to require the same minimum self-performance requirements for the construction phase of CM/GC projects. Contracting agencies may continue to use higher self-performance requirements if required by applicable State law, regulation or policy. Also, FHWA proposes to allow contracting agencies to require the CM/GC contractor to award subcontracts for construction services on a low bid basis if required by State law, regulation, or policy.

    In 23 CFR 635.504(e), FHWA proposes to specify the payment methods that may be used for CM/GC projects. For preconstruction services, the method of payment may be lump sum, cost plus fixed fee, cost per unit of work, specific rates of compensation, or any other comparable payment method permitted under State law. Since preconstruction services are essentially services for consulting, the payment methods for these services should be similar to other methods used for consulting. However, the cost plus a percentage of cost and other percentage of cost methods of payment must not be used, since these methods are highly susceptible to abuse and, as a result, generally prohibited in any type of Federal contracting. For construction services, the method of payment may include any method of payment authorized by State law (including, but not limited to; lump sum, unit price, and target price); however, when compensation is based on actual costs, an approved indirect cost rate must be used. See proposed section 635.507.

    Section 635.505—Relationship to the NEPA Process

    In section 635.505, FHWA proposes the requirements to establish the relationship between the CM/GC procurement process and the NEPA process. The requirements in this section are designed to protect the integrity of the NEPA decisionmaking process, since the solicitation and award of a CM/GC project will often occur before the completion of the NEPA process. In this section, FHWA not only incorporates the specific statutory requirements in 23 U.S.C. 112(b)(4)(C), but also substantially follows the requirements that have already been established for design-build projects in 23 CFR 636.109 for consistency. The design-build requirements were established to protect the integrity of the NEPA decisionmaking process in situations where design-build contracts are awarded before the completion of the NEPA process.

    First, in section 635.505(a), FHWA incorporates the provision of 23 U.S.C. 112(b)(4)(C)(i), providing that before the completion of the NEPA process a contracting agency may: (a) Issue requests for proposals, (b) proceed with the award of a contract for preconstruction services, (c) issue notices to proceed to the contractor for preconstruction services for preliminary design-related work, and (d) issue notices to proceed to a design firm for the preliminary design of the project and any work related to preliminary design, to the extent that those actions do not limit any reasonable range of alternatives. The FHWA interprets the statutory condition in 23 U.S.C. 112(b)(4)(C)(i)(III), which appears in section 635.505(a)(4) of the proposed regulation, as intended to ensure that performance of preliminary design work will not bias or influence the environmental review of the project, and that all reasonable alternatives will be fairly considered when a project involves an EIS or EA.

    Second, in section 635.505(b), FHWA proposes to implement the provisions of revised 23 U.S.C. 112(b)(4)(C)(ii), by prohibiting contracting agencies from proceeding with the award of an agreement for construction services (including early work packages such as advanced material acquisition or site work) before the completion of the NEPA review process.

    Third, in section 635.505(c), FHWA proposes to implement the provisions of revised 23 U.S.C. 112(b)(4)(C)(ii) and (iv), by allowing contracting agencies to proceed, solely at their own risk and expense, with final design activities for a CM/GC project before completion of the NEPA review process without affecting subsequent approvals required for the project. If the contracting agency wishes to use the CM/GC contractor for advice in connection with at-risk final design activities, it may do so if it has a procedure for segregating the costs of the CM/GC contractor's at-risk final design work from other work. This is to ensure that the costs of the CM/GC contractor's at-risk final design work are not submitted for Federal reimbursement until after NEPA is complete. The proposed rule would require the contracting agency to notify FHWA of its decision to proceed with at-risk final design before the completion of the NEPA process. After NEPA review of the CM/GC project is completed, contracting agencies may seek reimbursement of eligible costs pursuant to proposed section 635.506(c), including any CM/GC contractor costs for at-risk final design-related work. The statute and the proposed regulation create an exception to the normal cost eligibility principles under 2 CFR part 200, subpart E, which exclude costs incurred before Federal authorization. The proposed provisions are based on FHWA's interpretation of 23 U.S.C. 112(b)(4)(C)(iv), as allowing final design work by a contracting agency solely at its own risk, and 23 U.S.C. 112(b)(4)(C)(ii), as prohibiting FHWA approval or financial support for final design and construction-related work before the completion of NEPA review for the CM/GC project. The FHWA's proposal is consistent with the statutory objective of protecting the integrity of the NEPA decisionmaking process, as articulated throughout 23 U.S.C. 112(b)(4)(C).

    Fourth, in section 635.505(d), FHWA proposes to implement the requirement of 23 U.S.C. 112(b)(4)(C)(v), that contracting agencies include a contract termination provision in the CM/GC contract in the event the NEPA process does not result in the selection of a build alternative. This NEPA-related provision is included to help ensure the NEPA decisionmaking process is not biased by the existence of the CM/GC contract. This provision is in addition to contract clauses relating to termination for cause and convenience required by 2 CFR Appendix II to Part 200.

    Fifth, in section 635.505(e), FHWA proposes to require contracting agencies to include a provision in their CM/GC contracts making it clear that the scope of services in the preconstruction phase includes all alternatives identified and considered in the NEPA process. It is FHWA's belief that unbiased decisionmaking in the NEPA process requires the State to maintain the ability to receive preconstruction services from the constructor on any alternative identified and evaluated in the NEPA process.

    Sixth, in section 635.505(f), FHWA proposes to require contracting agencies to include a provision in their CM/GC contracts expressly declaring that no commitments are being made to any alternative evaluated in the NEPA process and that the comparative merits of the alternatives will be evaluated and fairly considered. Similar to section 635.505(e), this provision is intended to ensure unbiased decisionmaking in the NEPA process.

    Seventh, in section 635.505(g), FHWA proposes to prohibit the CM/GC contractor from preparing NEPA documentation or having any decisionmaking responsibility with respect to the NEPA process. This provision protects the preparation of the NEPA documentation against any conflict of interest in the preconstruction services provided by the CM/GC contractor. However, information that the CM/GC contractor develops in providing preconstruction services may be considered in the NEPA analysis and included in the record.

    Lastly, in section 635.505(h), FHWA proposes to require contracting agencies to include a provision in all agreements for construction services ensuring that all environmental and mitigation measures identified in the NEPA documentation and committed to in the NEPA determination for the selected alternative will be implemented. Those commitments form part of the basis for FHWA decision approving the project for funding. Any proposed change to a final commitment made during NEPA (regardless whether the review involved a categorical exclusion, EA, or EIS) requires FHWA consideration of potential effects on the earlier environmental review process.

    Section 635.506—Project Approvals and Authorizations

    First, in section 635.506(a)(1), FHWA proposes to provide parameters regarding the assumption of specific project approval actions by the STA under 23 U.S.C. 106(c). Under the proposed rule, FHWA would retain approval of the STA's CM/GC procedures, but all of the proposed CM/GC project-level FHWA approval responsibilities may be assumed by the STA, in accordance with 23 U.S.C. 106(c). Assumptions by the STA would occur through the FHWA/STA Stewardship and Oversight Agreement for that State. Section 106(c) provides authority for State assumption of a broad range of FHWA project-level actions relating to design, plans, specifications, estimates, contract awards and inspection of projects. The STAs may not further delegate or assign FHWA's responsibilities to approve CM/GC projects to other contracting agencies.

    In section 635.506(a)(2), FHWA proposes a requirement for the contracting agency to provide a copy of the solicitation documents for FHWA review and approval before requesting FHWA's authorization for either preconstruction or construction activities.

    Second, in section 635.506(b), FHWA proposes to require contracting agencies to request FHWA's authorization of preliminary engineering before incurring costs for preconstruction services. Under the proposed rule, the Division Administrator must review and approve the contracting agency's cost or price analysis for preconstruction services, prepared in a manner consistent with 23 CFR 200.323, before authorizing preconstruction services for all procurements exceeding the simplified acquisition threshold (currently $150,000).

    Third, in section 635.506(c), FHWA proposes the requirements that must be met before FHWA can authorize funds to reimburse a contracting agency for final design and preconstruction services associated with final design for a CM/GC project where those costs were incurred at the contracting agency's risk before the completion of the NEPA review of the project. As discussed under section 635.505(c), 23 U.S.C. 112(b)(4)(C)(ii) and (iv), as well as 23 CFR 771.113(a), prohibit FHWA authorization of funding or other FHWA approval of these activities until after the completion of the NEPA process. However, as provided in 23 U.S.C. 112(b)(4)(C)(iv), a contracting agency may proceed at its own expense with final design and preconstruction services related to final design, and seek reimbursement if the NEPA process concludes in the selection of a build alternative.

    In cases where contracting agencies proceed at their own risk and expense, 23 U.S.C. 112(b)(4)(C)(iv)(II) provides that these activities may eventually be eligible for Federal reimbursement.2 The FHWA proposes to adopt provisions to safeguard the NEPA process and the use of Federal funds for these activities by using criteria derived from other parts of section 112 that address the NEPA process, and from governmentwide NEPA implementing regulations issued by the President's Council on Environmental Quality.3 Accordingly, FHWA proposes that such activities be eligible for post-NEPA reimbursement only if the Division Administrator finds the contracting agency's final design-related activities: (1) Did not limit the identification and fair evaluation of a reasonable range of alternatives for the proposed project, (2) did not result in an irrevocable commitment by the contracting agency to the selection of a particular alternative, (3) did not have an adverse environmental impact, and (4) consistent with governmentwide cost principles (2 CFR 200.403), are necessary and reasonable and are adequately documented. This is an eligibility determination, and it cannot be delegated or assigned to the STA. However, in the case of projects for which the State is directly responsible for NEPA compliance (either under an assignment of environmental responsibilities pursuant to 23 U.S.C. 326 or 327, or under a programmatic categorical exclusion agreement as authorized by section 1318(d) of MAP-21), the Division Administrator may rely on a State certification indicating these conditions are satisfied. These proposed conditions for reimbursement under 23 U.S.C. 112(b)(4)(C)(iv)(II) in no way diminish the responsibility of the Division Administrator to prevent actions by FHWA and others during the NEPA process that would limit the choice of reasonable alternatives or have an adverse environmental effect.4 If the Division Administrator finds that either of those circumstances are present during the NEPA review of the CM/GC project, regardless of whether the contracting agency plans to seek reimbursement for final design-related activities from Federal funds, the Division Administrator shall require the contracting agency to take any necessary action to maintain the integrity of the NEPA process.

    2 Note that 23 U.S.C. 112(b)(4)(C)(iv)(II) erroneously references 23 U.S.C. 109(r), which cannot be applied to this provision.

    3 40 CFR 1506.1(a).

    4 40 CFR 1506.1(a)-(b).

    Fourth, section 635.506(d) would address construction approvals and authorizations. Under proposed section 635.506(d)(1), FHWA's construction contracting requirements will apply to all of the CM/GC project's construction contracts if any portion (including an early work package) of the CM/GC project construction is funded with title 23 funds. In section 635.506(d)(2), the proposed rule would require FHWA approval of the price estimate for construction costs for the entire project before authorization of construction services (including authorization for an early work package). This requirement is in the statute at 23 U.S.C. 112(b)(4)(C)(iii)(I).

    In section 635.506(d)(3), FHWA proposes to require contracting agencies to perform a price analysis for every agreement for construction services that establishes or modifies scope, schedule and price for the CM/GC project or a portion of the project. This requirement is intended to be consistent with price analysis requirements under 2 CFR 200.323. The construction services price analysis will be a comparison of the agreed price with the contracting agency engineer's estimate or an independent cost estimate (if required by the agency).

    In section 635.506(d)(4), FHWA proposes to require FHWA approval of the contracting agency's price analysis and agreed construction services price before FHWA's construction authorization. This paragraph would implement 23 U.S.C. 112(b)(4)(C)(iii)(II), which requires FHWA's approval of any price agreement with the CM/GC contractor for the project or any portion of the project before authorizing construction activities.

    Under section 635.506(d)(5) of the proposed rule, FHWA's authorization of construction services will be based on the approved agreed price for the project or portion of the project. The FHWA proposes to allow the construction services authorization for early work packages. Early work packages would allow contracting agencies to acquire long-lead items, such as materials for the project (consistent with 23 CFR 635.122), or start a particular phase of construction for which final design is complete. Under the proposed rule, and in accordance with 2 CFR part 200 and proposed section 635.507, FHWA may deny eligibility for part or all of an early work package if such work is not needed or used for the project. For example, if construction materials are acquired for a CM/GC project, but not installed in the project, the cost of such material would not be eligible for Federal-aid participation (however, the contracting agency, as owner of the excess materials, may propose use of the material on a future Federal-aid project in accordance with 23 CFR 635.407(a)). In making the cost eligibility determination, FHWA would include consideration of the kinds of factors described in its long-established guidance on participation in the cost of corrective work necessitated by engineering errors (see FHWA guidance at http://www.fhwa.dot.gov/programadmin/contracts/071263.cfm and http://www.fhwa.dot.gov/programadmin/contracts/090878.cfm). The FHWA would evaluate, on a case-by-case basis, whether the excess costs were incurred based on the reasonable exercise of diligence and judgment by the contracting agency. The FHWA would not participate in excess costs incurred as a result of fraud, carelessness, negligence, or incompetence on the part of the contracting agency or those working on its behalf. Despite the financial risk to the contracting agency, in certain instances the use of early work packages may provide for schedule acceleration, overall risk mitigation, and cost savings related to inflation. The use of an early work package as a phase of a project is consistent with 23 U.S.C. 112(b)(4)(A)(iii)-(iv).

    Lastly, in section 635.506(e), FHWA proposes to require concurrence from the Division Administrator before a contracting agency's award of a Federal-aid CM/GC contract, including agreements to proceed to the construction services phase or decisions to not proceed with an agreement for construction services. Concurrence in the contract award constitutes approval of the agreed price, scope, and schedule for the work. Under 23 U.S.C. 112(b)(4)(C)(iii)(II), approval of the price agreement is a prerequisite to FHWA authorization of preconstruction and construction services costs. The documentation supporting a contract award should include the Disadvantaged Business Enterprise (DBE) documentation required by 26 CFR 26.53(b)(2) when there is a contract goal. The FHWA's concurrence in contract awards is required by 23 U.S.C. 112(d), and the concurrence provides FHWA with an opportunity to verify that the appropriate contract requirements have been incorporated and DBE commitments or good faith efforts have been submitted.

    Section 635.507—Cost Eligibility

    In this section, FHWA makes clear that the Federal cost principles must be satisfied for any costs that are included in negotiated prices, as required by 2 CFR part 200, subpart E. Contracting agencies must perform a cost or price analysis in connection with every procurement action (including contract modifications) in excess of the simplified acquisition threshold (currently $150,000).

    In section 635.507(a)(1), for preconstruction services agreements where actual costs or cost estimates are included in negotiated prices that will be used for cost reimbursement, we propose to require that all such costs must comply with the Federal cost principles to be eligible for participation. This is consistent with 2 CFR part 200 subpart E.

    In section 635.507(a)(2), for construction services agreements or contracts, FHWA proposes that a price analysis must confirm price reasonableness, consistent with 2 CFR 200.320 and 200.323, to satisfy cost eligibility requirements. The FHWA will rely on a price analysis that is prepared and approved in accordance with section 635.506(d)(3) of this proposed rule, when authorizing construction services (including early work packages).

    In section 635.507(b), for cost-reimbursement contracts, we propose to require that the CM/GC contractor provide an indirect cost rate established in accordance with the Federal cost principles. The indirect cost rate provisions in 23 U.S.C. 112(b)(2) do not apply to CM/GC contracts because they are not agreements for architectural or design services. Accordingly, contracting agencies must use an indirect cost rate that is consistent with applicable provisions in 2 CFR part 200.

    In section 635.507(c), we propose to implement a certification requirement regarding the use of indirect cost rates for those firms who have provided an approved indirect cost rate for use. This proposal is consistent with Paragraph 3(d) of FHWA Order 4470.1A, “FHWA Policy for Contractor Certification of Costs in Accordance with Federal Acquisition Regulations to Establish Indirect Cost Rates on Engineering and Design-related Services Contracts.” (http://www.fhwa.dot.gov/legsregs/directives/orders/44701a.htm).

    Rulemaking Analyses and Notices

    All comments received before the close of business on the comment closing date indicated above will be considered and will be available for examination in the docket at the above address. Comments received after the comment closing date will be filed in the docket and will be considered to the extent practicable. In addition to late comments, FHWA will continue to file relevant information in the docket as it becomes available after the comment period closing date, and interested persons should continue to examine the docket for new material. A final rule may be published at any time after close of the comment period.

    Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures

    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). The FHWA has determined preliminarily that this action would not be a significant regulatory action within the meaning of Executive Order 12866, nor within the meaning of the U.S. Department of Transportation's regulatory policies and procedures. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The FHWA anticipates that the economic impact of this rulemaking would be minimal. The FHWA anticipates that the proposed rule would not adversely affect, in a material way, any sector of the economy. As mandated by Section 1303 of MAP-21, this rulemaking provides a regulatory framework for the CM/GC contracting method, which is a process that has already been deployed and used under the authority of the FHWA's SEP-14 Program. In addition, these changes would not interfere with any action taken or planned by another agency and would not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Consequently, a full regulatory evaluation is not required.

    Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), the FHWA has evaluated the effects of this action on small entities and anticipates that the action would not have a significant economic impact on a substantial number of small entities. The proposed amendment provides procedures for approving CM/GC projects in the Federal-aid highway program. As such, it primarily affects States and States are not included in the definition of small entity set forth in 5 U.S.C. 601.

    Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48, March 22, 1995) as it will not result in the expenditure by State, local, tribal governments, in the aggregate, or by the private sector, of $148.1 million or more in any one year (2 U.S.C. 1532). Further, in compliance with the Unfunded Mandates Reform Act of 1995, the agency will evaluate any regulatory action that might be proposed in subsequent stages of the proceeding to assess the effects on State, local, and tribal governments and the private sector.

    Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to assure meaningful and timely input by State and local officials in the development of regulatory policies that may 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. This proposed action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 dated August 4, 1999, and FHWA has determined that this proposed action would not have a substantial direct effect or sufficient federalism implications on the States. The FHWA has also determined that this proposed action would not preempt any State law or regulation or affect the States' ability to discharge traditional State governmental functions.

    Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.

    Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has analyzed this proposed rule under the PRA and has determined preliminarily that this proposal does not contain collection of information requirements for the purposes of the PRA.

    National Environmental Policy Act

    The FHWA has analyzed this action for the purpose of the NEPA, as amended (42 U.S.C. 4321 et seq.). Agencies are required to adopt implementing procedures for NEPA that establish specific criteria for, and identification of, three classes of actions: Those that normally require preparation of an EIS; those that normally require preparation of an EA; and those that are categorically excluded from further NEPA review (40 CFR 1507.3(b)). The proposed action is the adoption of regulations that provide the policies, procedures, and requirements for implementing the CM/GC contracting method pursuant to 23 U.S.C. 112(b)(4). This proposed action qualifies for categorical exclusions under 23 CFR 771.117(c)(20) (promulgation of rules, regulations, and directives). The FHWA has evaluated whether the proposed action would involve unusual circumstances or extraordinary circumstances and has determined that this proposed rulemaking action would not involve such circumstances. As a result, FHWA finds that this proposed rulemaking would not result in significant impacts on the human environment.

    Executive Order 12630 (Taking of Private Property)

    The FHWA has analyzed this proposed rule under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. The FHWA does not anticipate that this proposed action would affect a taking of private property or otherwise have taking implications under Executive Order 12630.

    Executive Order 12898 (Environmental Justice)

    Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and DOT Order 5610.2(a) (the DOT Order), 91 FR 27534 (May 10, 2012) (available online at www.fhwa.dot.gov/enviornment/environmental_justice/ej_at_dot/order_56102a/index.cfm), require DOT agencies to achieve environmental justice (EJ) as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects, of their programs, policies, and activities on minority populations and low-income populations in the United States. The DOT Order requires DOT agencies to address compliance with Executive Order 12898 and the DOT Order in all rulemaking activities. In addition, FHWA has issued additional documents relating to administration of Executive Order 12898 and the DOT Order. On June 14, 2012, FHWA issued an update to its EJ order, FHWA Order 6640.23A, FHWA Actions to Address Environmental Justice in Minority Populations and Low Income Populations (the FHWA Order) (available online at www.fhwa.dot.gov/legsregs/directives/orders/664023a.htm).

    The FHWA has evaluated this proposed rule under the Executive Order, the DOT Order, and the FHWA Order. The FHWA has determined that the proposed regulations would not cause disproportionately high and adverse human health and environmental effects on minority or low income populations.

    Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    Executive Order 13045 (Protection of Children)

    We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this action would not cause an environmental risk to health or safety that might disproportionately affect children.

    Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under Executive Order 13175, dated November 6, 2000, and believes that the proposed action would not have substantial direct effects on one or more Indian tribes; would not impose substantial direct compliance costs on Indian tribal governments; and would not preempt tribal laws. The proposed rulemaking addresses obligations of Federal funds to States for Federal-aid highway projects and would not impose any direct compliance requirements on Indian tribal governments. Therefore, a tribal summary impact statement is not required.

    Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The FHWA has determined that this is not a significant energy action under that order since it is not a significant regulatory action under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required.

    Regulation Identifier Number

    A RIN is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.

    List of Subjects 23 CFR Part 630

    Government contracts, Grant programs-transportation, Highways and roads, Reporting and recordkeeping requirements.

    23 CFR Part 635

    Grant programs-transportation, Highways and roads, Reporting and recordkeeping requirements.

    Issued on: June 19, 2015. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration.

    In consideration of the foregoing, FHWA proposes to amend title 23, Code of Federal Regulations, parts 630 and 635 as follows:

    PART 630—PRECONSTRUCTION PROCEDURES 1. Revise the authority citation for part 630 to read as follows: Authority:

    23 U.S.C. 106, 109, 112, 115, 315, 320, and 402(a); Sec. 1501 and 1503 of Public Law 109-59, 119 Stat. 1144; Public Law 105-178, 112 Stat. 193; Public Law 104-59, 109 Stat. 582; Public Law 97-424, 96 Stat. 2106; Public Law 90-495, 82 Stat. 828; Public Law 85-767, 72 Stat. 896; Public Law 84-627, 70 Stat. 380; 23 CFR 1.32 and 49 CFR 1.48(b), and Pub. L. 112-141, 126 Stat. 405, section 1303.

    2. Amend § 630.106 by adding a new paragraph (a)(8) to read as follows:
    § 630.106 Authorization to proceed.

    (a) * * *

    (8) For Construction Manager/General Contractor projects, the execution or modification of the project agreement for preconstruction services associated with final design and construction services, and authorization to proceed with such services, shall not occur until after the completion of the NEPA process. However, preconstruction services associated with preliminary design may be authorized in accordance with this section.

    PART 635—CONSTRUCTION AND MAINTENANCE 3. Revise the authority citation for part 635 to read as follows: Authority:

    Sections 1525 and 1303 of Pub.L. 112-141, Sec. 1503 of Pub.L. 109-59, 119 Stat. 1144; 23 U.S.C. 101 (note), 109, 112, 113, 114, 116, 119, 128, and 315; 31 U.S.C. 6505; 42 U.S.C. 3334, 4601 et seq.; Sec. 1041(a), Pub.L. 102-240, 105 Stat. 1914; 23 CFR 1.32; 49 CFR 1.85(a)(1).

    4. Amend § 635.102 by adding, in alphabetical order, the definition of “Construction Manager/General Contractor (CM/GC) project” to read as follows:
    § 635.102 Definitions.

    Construction Manager/General Contractor (CM/GC) project means a project to be delivered using a two-phase contract with a construction manager or general contractor for services during both the preconstruction and construction phases of a project.

    5. Amend § 635.104 by adding paragraph (d) to read as follows:
    § 635.104 Method of construction.

    (d) In the case of a CM/GC project, the requirements of subpart E of this part and the appropriate provisions pertaining to the CM/GC method of contracting in this part will apply. However, no justification of cost effectiveness is necessary in selecting projects for the CM/GC delivery method.

    6. Amend § 635.107 by revising the first sentence of paragraph (b) to read as follows:
    § 635.107 Participation by disadvantaged business enterprises.

    (b) In the case of a design-build or CM/GC project funded with title 23 funds, the requirements of 49 CFR part 26 and the State's approved DBE plan apply. * * *

    7. Amend § 635.109 by revising paragraph (a) introductory text to read as follows:
    § 635.109 Standardized changed condition clauses.

    (a) Except as provided in paragraph (b) of this section, the following changed conditions contract clauses shall be made part of, and incorporated in, each highway construction project, including construction services agreements of CM/GC projects, approved under 23 U.S.C. 106:

    8. Amend § 635.110 by revising paragraph (f) introductory text to read as follows:
    § 635.110 Licensing and qualification of contractors.

    (f) In the case of a design-build and CM/GC project, the STDs may use their own bonding, insurance, licensing, qualification or prequalification procedure for any phase of procurement.

    9. Amend § 635.112 by adding paragraph (j) to read as follows:
    § 635.112 Advertising for bids and proposals.

    (j) In the case of a CM/GC project, the FHWA Division Administrator's approval of the solicitation document will constitute the FHWA's approval to use the CM/GC contracting method and approval to release the solicitation document. The STD must obtain the approval of the FHWA Division Administrator before issuing addenda which result in major changes to the solicitation document.

    10. Amend § 635.113 by adding paragraph (d) to read as follows:
    § 635.113 Bid opening and bid tabulation.

    (d) In the case of a CM/GC project, the requirements of this section do not apply. See subpart E of this part for approval procedures.

    11. Amend § 635.114 by adding paragraph (l) to read as follows:
    § 635.114 Award of contract and concurrence in award.

    (l) In the case of a CM/GC project, the CM/GC contract shall be awarded in accordance with the solicitation document. See subpart E of this part for CM/GC project approval procedures.

    12. Amend § 635.122 by adding paragraph (d) to read as follows:
    § 635.122 Participation in progress payments.

    (d) In the case of a CM/GC project, the STD must define its procedures for making progress payments pursuant to the selected payment method in the appropriate solicitation and contract documents.

    13. Amend § 635.309 by revising paragraphs (p) introductory text, (p)(1)(vi) introductory text, and (p)(3) to read as follows:
    § 635.309 Authorization.

    (p) In the case of a design-build or CM/GC project, the following certification requirements apply:

    (1) * * *

    (vi) If the STD elects to include right-of-way, utility, and/or railroad services as part of the design-builder's (or CM/GC contractor's) scope of work, then the Request for Proposals document must include:

    (3) Changes to the design-build or CM/GC project concept and scope may require a modification of the transportation plan and transportation improvement program. The project sponsor must comply with the metropolitan and statewide transportation planning requirements in 23 CFR part 450 and the transportation conformity requirements (40 CFR parts 51 and 93) in air quality nonattainment and maintenance areas, and provide appropriate approval notification to the design builder (or the CM/GC contractor) for such changes.

    14. Add subpart E to read as follows: Subpart E—Construction Manager/General Contractor (CM/GC) Contracting Sec. 635.501 Purpose. 635.502 Definitions. 635.503 Applicability. 635.504 CM/GC requirements. 635.505 Relationship to the NEPA process. 635.506 Project approvals and authorizations. 635.507 Cost eligibility. Subpart E—Construction Manager/General Contractor (CM/GC) Contracting
    § 635.501 Purpose.

    The regulations in this subpart prescribe policies, requirements, and procedures relating to the use of the CM/GC method of contracting on Federal-aid projects.

    § 635.502 Definitions.

    As used in this subpart:

    Agreed price means the price agreed to by the Construction Manager/General Contractor (CM/GC) contractor and the contracting agency to provide construction services for a specific scope and schedule.

    CM/GC contractor means the entity that has been awarded a two-phase contract for a CM/GC project and is responsible for providing preconstruction services under the first phase and, if a price agreement is reached, construction services under the second phase of such contract.

    CM/GC project means a project to be delivered using a two-phase contract with a CM/GC contractor for services during the preconstruction and construction phases of a project.

    Construction services means the physical construction work undertaken by a CM/GC contractor to construct a project or a portion of the project (including early work packages). Construction services may be authorized as a single contract for the project, or through a combination of contracts covering portions of the CM/GC project. Procurement and authorization procedures are the same for every contract for construction services.

    Contracting agency means the State Transportation Agency (STA), and any State or local government agency, public-private partnership, or Indian tribe (as defined in 2 CFR 200.54) that is the acting under the supervision of the STA and is awarding and administering a CM/GC contract.

    Division Administrator means the chief FHWA official assigned to conduct business in a particular State.

    Early work package means a portion or phase of physical construction work (including material acquired for a construction phase) that is procured after NEPA is complete but before all design work for the project is complete. Contracting agencies may procure an early work package only when the risks of the work are adequately identified and the scope of work is defined sufficiently for the contracting agency and the CM/GC contractor to reasonably determine price. The requirements in § 635.506 and § 635.507 apply to procuring an early work package and FHWA authorization for an early work package.

    Final design has the same meaning as defined in § 636.103 of this chapter.

    NEPA process means the environmental review required under the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), applicable portions of the NEPA implementing regulations at 40 CFR parts 1500-1508, and part 771 of this chapter.

    Preconstruction services means consulting to provide a contracting agency and its designer with information regarding the impacts of design on the physical construction of the project, including scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification. Under an agreement for preconstruction services, the CM/GC contractor may provide consulting services during both preliminary and final design. Such services do not include design and engineering-related services as defined in § 172.3 of this chapter.

    Preliminary design has the same meaning as defined in § 636.103 of this chapter.

    Solicitation document means the document used by the contracting agency to advertise the CM/GC project and request expressions of interest, statements of qualifications, proposals, or offers.

    State transportation agency (STA) has the same meaning as the term State transportation department under § 635.102 of this chapter.

    § 635.503 Applicability.

    The provisions of this subpart apply to all Federal-aid projects within the right-of-way of a public highway, those projects required by law to be treated as if located on a Federal-aid highway, and other projects which are linked to such projects (i.e., the project would not exist without another Federal-aid highway project) that are to be delivered using the CM/GC contractor method.

    § 635.504 CM/GC requirements.

    (a) In general. A contracting agency may award a two-phase contract to a CM/GC contractor for preconstruction and construction services. The first phase of this contract is the preconstruction services phase. The second phase is the construction services phase. The construction services phase may occur under one contract or under multiple contracts covering portions of the project, including early work packages.

    (b) Procurement requirements. (1) The contracting agency shall procure the CM/GC contract using competitive selection procurement procedures providing for free and open competition.

    (2) Contracting agency procedures may use any of the following solicitation options in procuring a CM/GC contract: Letters of interest, requests for qualifications, interviews, request for proposals or other solicitation procedures provided by applicable State law, regulation or policy. Single-phase or multiple-phase selection procedures may also be used.

    (3) Contracting agency procedures shall require, at a minimum, that a CM/GC contract be advertised through solicitation documents that:

    (i) Clearly define the scope of services being requested;

    (ii) List evaluation factors and significant subfactors and their relative importance in evaluating proposals;

    (iii) List all required deliverables;

    (iv) Identify whether interviews will be conducted before establishing the final rank; and

    (v) Include or reference sample contract form(s).

    (4) If interviews are used in the selection process, the contracting agency must offer the opportunity for an interview to all short listed firms (or firms that submitted responsive proposals, if a short list is not used). Also, if interviews are used, then the contracting agency must not engage in conduct that favors one firm over another and must not disclose a firm's offer to another firm.

    (5) A contracting agency may award a CM/GC contract based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency and the Division Administrator and which are clearly specified in the solicitation documents.

    (6) In the event that the contracting agency is unwilling or unable to enter into an agreement with the CM/GC contractor for the construction services phase of the project (including any early work package), after notification to the Division Administrator, the contracting agency may initiate a new procurement process meeting the requirements of subpart A of this part. If FHWA participation is being requested in the cost of construction, the contracting agency must request FHWA's approval before advertising for bids or proposals in accordance with § 635.112. Once the contracting agency advertises for bids or proposals for the project or a portion of the project, the contracting agency no longer can use the agreed price procedures under this CM/GC regulation. When the contracting agency makes a decision to initiate a new procurement, the contracting agency may determine that there is an apparent conflict of interest and not allow the CM/GC contractor to submit competitive bids.

    (c) FHWA approval of CM/GC procedures. (1) The STA must submit its proposed CM/GC procurement procedures to the FHWA Division Administrator for review and approval. Any changes in approved procedures and requirements shall also be subject to approval by the Division Administrator. Other contracting agencies may follow STA approved procedures or their own procedures if approved by the both the STA and FHWA.

    (2) The Division Administrator may approve procedures that conform to the requirements of this subpart and which do not, in the opinion of the Division Administrator, operate to restrict competition. The Division Administrator's approval of CM/GC procurement procedures may not be delegated or assigned to the STA.

    (d) Subcontracting. Consistent with § 635.116(a), agreements for construction services must specify a minimum percentage of work (no less than 30 percent of the total cost of the agreement for construction services, excluding specialty work) that a contractor must perform with its own forces. If required by State law, regulation, or administrative policy, the contracting agency may require the CM/GC contractor to competitively let and award subcontracts for construction services to the lowest responsive bidder.

    (e) Payment methods. (1) The method of payment to the CM/GC contractor shall be set forth in the original solicitation documents, contract, and any contract modification or change order thereto. A single contract may contain different payment methods as appropriate for compensation of different elements of work.

    (2) The methods of payment for preconstruction services shall be: Lump sum, cost plus fixed fee, cost per unit of work, specific rates of compensation, or other comparable payment method permitted in State law and regulation. The cost plus a percentage of cost and percentage of construction cost methods of payment shall not be used.

    (3) The method of payment for construction services may include any method of payment authorized by State law (including, but not limited to, lump sum, unit price and target price); however, when compensation is based on actual costs, an approved indirect cost rate must be used.

    § 635.505 Relationship to the NEPA process.

    (a) In procuring a CM/GC contract before the completion of the NEPA process, the contracting agency may:

    (1) Issue solicitation documents;

    (2) Proceed with the award of a CM/GC contract providing for preconstruction services and an option to enter into a future agreement for construction services once the NEPA review process is complete;

    (3) Issue notices to proceed to the CM/GC contractor for preconstruction services, excluding final design-related activities; and

    (4) Issue a notice-to-proceed to a consultant design firm for the preliminary design and any work related to preliminary design of the project to the extent that those actions do not limit any reasonable range of alternatives.

    (b) The contracting agency shall not proceed with the award of an agreement for the construction services phase of a CM/GC contract (including early work packages such as advanced material acquisition or site work) and, except as provided in paragraph (c) of this section, shall not proceed, or permit any consultant or contractor to proceed, with construction until the completion of the NEPA process for the project.

    (c) A contracting agency may proceed, solely at the risk and expense of the contracting agency, with design activities at any level of detail, including final design and preconstruction services associated with final design, for a CM/GC project before completion of the NEPA process without affecting subsequent approvals required for the project. However, FHWA shall not authorize final design activities and preconstruction services associated with final design, and such activities shall not be eligible for Federal funding as provided in § 635.506(c), until after the completion the NEPA process. A contracting agency may use a CM/GC contractor for preconstruction services associated with at-risk final design only if the contracting agency has a procedure for segregating the costs of the CM/GC contractor's at-risk work from preconstruction services eligible for reimbursement during the NEPA process. If a contracting agency decides to perform at-risk final design, it must notify FHWA of its decision to do so before undertaking such activities.

    (d) The CM/GC contract must include termination provisions in the event the environmental review process does not result in the selection of a build alternative. This termination provision is in addition to the termination for cause or convenience clause required by 2 CFR part 200, Appendix II.

    (e) The CM/GC contract must include a provision providing that the scope of services in the preconstruction phase includes all alternatives identified and considered in the NEPA process.

    (f) The CM/GC contract must include appropriate provisions ensuring no commitments are made to any alternative during the NEPA process, and that the comparative merits of all alternatives identified and considered during the NEPA process, including the no-build alternative, will be evaluated and fairly considered.

    (g) The CM/GC contractor must not prepare NEPA documentation or have any decisionmaking responsibility with respect to the NEPA process. However, the CM/GC contractor may be requested to provide information about the project and possible mitigation actions, including constructability information, and its work product may be considered in the NEPA analysis and included in the record.

    (h) Any agreement for construction services under a CM/GC contract must include appropriate provisions ensuring that all environmental and mitigation measures identified in the NEPA documentation and committed to in the NEPA determination for the selected alternative will be implemented.

    § 635.506 Project approvals and authorizations.

    (a) In general. (1) Under 23 U.S.C. 106(c), the States may assume certain FHWA responsibilities for project design, plans, specifications, estimates, contract awards, and inspections. Any individual State's assumption of FHWA responsibilities for approvals and determinations for CM/GC projects, as described in this subpart, will be addressed in the State's FHWA/STA Stewardship and Oversight Agreement. The State may not further delegate or assign those responsibilities. If an STA assumes responsibility for an FHWA approval or determination contained in this subpart, the STA will include documentation in the project file sufficient to substantiate its actions and to support any request for authorization. The STA will provide FHWA with the documentation upon request.

    (2) Before requesting the authorization for either preconstruction or construction activities, the contracting agency must submit its solicitation document for CM/GC services to the Division Administrator for approval.

    (b) Preconstruction services approvals and authorization. (1) If the contracting agency wishes Federal participation in the cost of the CM/GC contractor's preconstruction services, it must request FHWA's authorization of preliminary engineering before incurring such costs.

    (2) Before authorizing pre-construction services by the CM/GC contractor, the Division Administrator must review and approve the contracting agency's cost or price analysis for every procurement (including contract modifications). A cost or price analysis is encouraged but not required for procurements less than the simplified acquisition threshold (currently $150,000).

    (c) Final design during NEPA process. (1) If the contracting agency proceeds with final design activities, including preconstruction services associated with final design activities, at its own expense before the completion of the NEPA process, then those activities for the selected alternative may be eligible for Federal reimbursement after the completion of the NEPA process so long as the Division Administrator finds that the contracting agency's final design-related activities:

    (i) Did not limit the identification and fair evaluation of a reasonable range of alternatives for the proposed project,

    (ii) Did not result in an irrevocable commitment by the contracting agency to the selection of a particular alternative,

    (iii) Did not have an adverse environmental impact, and

    (iv) Are necessary and reasonable and adequately documented.

    (2) If, during the NEPA process, the Division Administrator finds the final design work limits the fair evaluation of alternatives, irrevocably commits the contracting agency to the selection of any alternative, or causes an adverse environmental impact, then the Division Administrator shall require the contracting agency to take any necessary action to ensure the integrity of the NEPA process regardless of whether the contracting agency wishes to receive Federal reimbursement for such activities.

    (d) Construction services approvals and authorizations. (1) Subject to the requirements in § 635.505, the contracting agency may request Federal participation in the construction services costs associated with a CM/GC construction project, or portion of a project (including an early work package). In such cases, FHWA's construction contracting requirements will apply to all of the CM/GC project's construction contracts if any portion (including an early work package) of the CM/GC project construction is funded with title 23 funds. Any expenses incurred for construction services before FHWA authorization shall not be eligible for reimbursement except as may be determined in accordance with § 1.9 of this chapter.

    (2) The FHWA must approve the price estimate for construction costs for the entire project before authorization of construction services (including authorization of an early work package).

    (3) The contracting agency must perform a price analysis for any agreement (or contract modification) that establishes or revises the scope, schedule or price for the construction of the CM/GC project or a portion of the project (including an early work package). The price analysis must compare the agreed price with the contracting agency's engineer's estimate or an independent cost estimate (if required by the contracting agency). A price analysis is encouraged but not required for procurements less than the simplified acquisition threshold (currently $150,000).

    (4) The Division Administrator must review and approve the contracting agency's price analysis and agreed price for the construction services of a CM/GC project or a portion of the project (including an early work package) before authorization of construction services.

    (5) Where the contracting agency and the CM/GC contractor agree on a price for construction services, FHWA's authorization of construction services will be based on the approved agreed price for the project or portion of the project. The authorization may include authorization of an early work package, including the advanced acquisition of materials consistent with § 635.122. In the event that construction materials are acquired for a CM/GC project but not installed in the CM/GC project, the cost of such material will not be eligible for Federal-aid participation. In accordance with § 635.507 and 2 CFR part 200, FHWA may deny eligibility for part or all of an early work package if such work is not needed for, or used for, the project.

    (e) Contract award. Award of Federal-aid CM/GC contracts for preconstruction and construction services requires prior concurrence from the Division Administrator. The concurrence is a prerequisite to the authorization of preconstruction and construction services (including authorization for an early work package). Concurrence in the contract award constitutes approval of the agreed price, scope, and schedule for the work. The documentation supporting a contract award should include the Disadvantaged Business Enterprise documentation required by 26 CFR 26.53(b)(2) when there is a contract goal. A copy of the executed contract between the contracting agency and the CM/GC contractor, including any agreement for construction services, shall be furnished to the Division Administrator as soon as practical after execution. If the contracting agency decides not to proceed with the award of a CM/GC construction services contract, then it must notify the FHWA Division Administrator as provided in § 635.504(b)(6).

    § 635.507 Cost eligibility.

    (a) Costs, or prices based on estimated costs, for agreements under a CM/GC contract shall be eligible for Federal-aid reimbursement only to the extent that costs incurred, or cost estimates included in negotiated prices, are allowable in accordance with the Federal cost principles (as specified in 2 CFR part 200, subpart E). Contracting agencies must perform a cost or price analysis in connection with procurement actions, including contract modifications, in accordance with 2 CFR 200.323(a) and this subpart.

    (1) For preconstruction services, to the extent that actual costs or cost estimates are included in negotiated prices that will be used for cost reimbursement, the costs must comply with the Federal cost principles to be eligible for participation.

    (2) For construction services, the price analysis must confirm the agreed price is reasonable in order to satisfy cost eligibility requirements (see § 635.506(d)(3)). The FHWA will rely on an approved price analysis when authorizing funds for construction.

    (b) Indirect cost rates. Where contract terms and payment are negotiated based on individual elements of costs, the CM/GC contractor must provide an indirect cost rate established in accordance with the Federal cost principles (as specified in 2 CFR part 200, subpart E).

    (c) Cost certification. (1) If the CM/GC contractor presents an indirect cost rate established in accordance with the Federal cost principles (as specified in 2 CFR part 200, subpart E), it shall include a certification by an official of the CM/GC contractor that all costs are allowable in accordance with the Federal cost principles.

    (2) An official of the CM/GC contractor shall be an individual executive or financial officer of the CM/GC contractor's organization, at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to make representations about the financial information utilized to establish the indirect cost rate proposal submitted.

    (3) The certification of final indirect costs shall read as follows:

    Certificate of Final Indirect Costs

    This is to certify that I have reviewed this proposal to establish final indirect cost rates and to the best of my knowledge and belief:

    1. All costs included in this proposal (identify proposal and date) to establish final indirect cost rates for (identify period covered by rate) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) of title 48, Code of Federal Regulations (CFR), part 31; and

    2. This proposal does not include any costs which are expressly unallowable under applicable cost principles of the FAR of 48 CFR part 31.

    Firm: Signature: Name of Certifying Official: Title: Date of Execution:
    [FR Doc. 2015-15617 Filed 6-26-15; 8:45 am] BILLING CODE 4910-22-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0022] RIN 1625-AA00 Safety Zone; Charleston Patriot Festival, Cooper River; Charleston, SC AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a safety zone on the Cooper River in Charleston, South Carolina during the International Outboard Grand Prix (IOGP) Charleston Patriot Festival, a series of high-speed boat races. The event is scheduled to take place on Friday, September 11 through Sunday, September 13, 2015. Approximately 25 high-speed race boats are anticipated to participate in the races. This safety zone is necessary to provide for the safety of life and property on navigable waters of the United States during the event. This safety zone would temporarily restrict vessel traffic in a portion of Cooper River in front of River Front Park. Persons and vessels that are not participating in the races would be prohibited from entering, transiting through, anchoring in, or remaining within the restricted area unless authorized by the Captain of the Port Charleston or a designated representative.

    DATES:

    This proposed rule would be effective from September 11, 2015 until September 13, 2015. It would be enforced on September 11, 2015 from 4:00 p.m. until 6:45 p.m.; on September 12, 2015 from 9:00 a.m. until 7:30 p.m.; and on September 13, 2015 from 10:00 a.m. until 5:45 p.m. There will be periodic river openings between each race.

    Comments and related material must be received by the Coast Guard on or before July 29, 2015. Requests for public meetings must be received by the Coast Guard on or before July 14, 2015.

    ADDRESSES:

    You may submit comments identified by docket number using any one of the following methods:

    (1) Federal eRulemaking Portal: http://www.regulations.gov.

    (2) Fax: 202-493-2251.

    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329.

    See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Chief Warrant Officer Christopher Ruleman, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843)-740-3184, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    Table of Acronyms DHS Department of Homeland Security FR Federal Register A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

    1. Submitting Comments

    If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.

    To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0022] in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.

    2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2015-0022) in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. 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.

    3. Privacy Act

    Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a request for one on or before July 14, 2015 using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact the person named in the FOR FURTHER INFORMATION CONTACT section, above.

    B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to establish a safety zone: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    The purpose of the proposed rule is to protect the safety of spectator and participant vessels and to ensure safety of life and property of the general public on the navigable waters of the United States during the IOGP Charleston Patriot Festival boat races.

    C. Discussion of Proposed Rule

    On Friday September 11 through Sunday September 13, 2015 the IOGP will host “Charleston Patriot Festival” a series of high-speed boat races. The event will be held on a portion of Cooper River in Charleston, South Carolina. Approximately 25 high-speed race boats are anticipated to participate in the races.

    The proposed rule would establish a safety zone to encompass certain waters of the Cooper River in Charleston, South Carolina. The safety zone would be enforced daily: 4:00 p.m. through 6:45 p.m. on September 11, 9:00 a.m. through 7:30 p.m. on September 12, and 10:00 a.m. through 5:45 p.m. on September 13, 2015. There will be periodic river openings to allow vessel traffic to pass between races. The safety zone establishes a regulated area around vessels participating in the event in the vicinity of Cooper River Front Park. Persons and vessels, except those participating in the race, would be prohibited from entering, transiting through, anchoring, or remaining within the safety zone unless specifically authorized by the Captain of the Port Charleston or a designated representative. Persons and vessels would be able to request authorization to enter, transit through, anchor in, or remain within the regulated area by contacting the Captain of the Port Charleston by telephone at (843) 740-7050, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization would be required to comply with the instructions of the Captain of the Port Charleston or designated representative. The Coast Guard would provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders.

    1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The economic impact of this proposed rule is not significant for the following reasons: (1) Although persons and vessels would not be able to enter, transit through, anchor in, or remain within the regulated area without authorization from the Captain of the Port Charleston or a designated representative, they would be able to operate in the surrounding area during the enforcement periods; (2) even during the enforcement periods, the River would periodically open between races to allow vessel traffic to pass; (3) persons and vessels would still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the Captain of the Port Charleston or a designated representative; and (4) the Coast Guard would provide advance notification of the regulated area to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners.

    2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities: This proposed rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the Charleston harbor encompassed within the safety zone on September 11, 2015 from 4:00 p.m. until 6:45 p.m.; on September 12, 2015 from 9:00 a.m. until 7:30 p.m.; and on September 13, 2015 from 10:00 a.m. until 5:45 p.m. For the reasons discussed in the Regulatory Planning and Review section above, this proposed rule would not have a significant economic impact on a substantial number of small entities.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    4. Collection of Information

    This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has 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. We have analyzed this proposed rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

    7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    8. Taking of Private Property

    This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

    9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

    11. Indian Tribal Governments

    This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    12. Energy Effects

    This proposed rule is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

    13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    14. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves establishing a safety zone effective from 4:00 p.m. September 11 through 5:45 p.m. on September 13, 2015. This proposed rule involves establishing a safety zone as described in Figure 2-1, paragraph (34)(g), of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows:

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add a temporary § 165.T07-0022 to Subpart F under the undesignated center heading “Seventh Coast Guard District” to read as follows:
    § 165.T07-0022 Safety Zones; Charleston Patriot Festival, Cooper River; Charleston, SC.

    a) Regulated Area. The proposed rule would establish a safety zone on certain waters of the Charleston harbor in Charleston, South Carolina. The safety zone will consist of a regulated area which will be enforced daily from 4:00 p.m. through 6:45 p.m. on September 11, 9:00 a.m. through 7:30 p.m. on September 12, and 10:00 a.m. through 5:45 p.m. on September 13, 2015. The safety zone establishes a regulated area around vessels participating in the event in the vicinity of Cooper River Front Park.

    1. Regulated Area. All waters of the Charleston Harbor encompassed within the following points; starting at point 1 in position 32°52′31.31″ N. 079°57′44.31″ W.; thence west to point 2 in position 32°52′28.69″ N. 079°58′00.52″ W.; thence south to point 3 in position 32°51′58.83″ N. 079°57′48.28″ W.; thence east to point 4 in position 32°52′03.79″ N. 079°57′33.61″ W.; thence back to origin. All coordinates are North American Datum 1983.

    (a) Definition. The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the safety zone.

    (b) Regulations. (1) All persons and vessels, except those participating in the Charleston Patriot Festival, or serving as safety vessels, are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area. Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at (843) 740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or designated representative.

    (2) The Coast Guard will provide notice of the regulated area by Marine Safety Information Bulletins, Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    (e) Enforcement Dates. This rule will be enforced daily during the effective dates: From 4:00 p.m. through 6:45 p.m. on September 11, 9:00 a.m. through 7:30 p.m. on September 12, and 10:00 a.m. through 5:45 p.m. on September 13, 2015.

    Dated: June 17, 2015. G.L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston.
    [FR Doc. 2015-15934 Filed 6-26-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2014-0205; FRL-9929-68-Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Infrastructure for the 2010 Sulfur Dioxide National Ambient Air Quality Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of New Mexico for the Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 SO2 NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP is adequate to meet the state's responsibilities under the Federal Clean Air Act (CAA).

    DATES:

    Written comments must be received on or before July 29, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-R06-OAR-2014-0205, by one of the following methods:

    www.regulations.gov. Follow the online instructions.

    Email: Sherry Fuerst at [email protected]

    Mail or delivery: Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2014-0205. 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. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI).

    FOR FURTHER INFORMATION CONTACT:

    Sherry Fuerst, telephone 214-665-6454, [email protected] To inspect the hard copy materials, please schedule an appointment with her or Bill Deese at 214-665-7253.

    SUPPLEMENTARY INFORMATION:

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

    I. Background

    On June 22, 2010, EPA revised the primary SO2 NAAQS (hereafter the 2010 SO2 NAAQS) to establish a new 1-hour standard, with a level of 75 parts per billion, based on the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations (75 FR 35520). Each state must submit an i-SIP within three years after the promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA includes a list of specific elements the i-SIP must meet. EPA issued guidance addressing the i-SIP elements for NAAQS.1 The Secretary of the New Mexico Environmental Department (NMED) submitted an i-SIP revision to address this revised NAAQS.

    1 “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),” Memorandum from Stephen D. Page, September 13, 2013.

    EPA is proposing to approve the New Mexico i-SIP submittal for the 2010 SO2 NAAQS.2

    2 Additional information on: The history of SO2, its levels, forms and, determination of compliance; EPA's approach for reviewing i-SIPs; the details of the SIP submittal and EPA's evaluation; the effect of recent court decisions on i-SIPs; the statute and regulatory citations in the New Mexico SIP specific to this review; the specific i-SIP applicable CAA and EPA regulatory citations; Federal Register Notice citations for New Mexico SIP approvals; New Mexico's minor New Source Review program and EPA approval activities; and, New Mexico's Prevention of Significant Deterioration (PSD) program can be found in the Technical Support Document (TSD).

    II. EPA's Evaluation of New Mexico's i-SIP Submittal

    Below is a summary of EPA's evaluation of the New Mexico i-SIP for each applicable element of 110(a)(2) A-M.3 New Mexico provided a demonstration of how the existing New Mexico SIP met all the requirements of the 2010 SO2 NAAQS on February 14, 2014. This SIP submission became complete by operation of law on August 14, 2014. See CAA section 110(k)(1)(B).

    3 A detailed discussion of our evaluation can be found in the TSD for this action. The TSD can be accessed through www.regulations.gov (e-docket EPA-R06-OAR-2014-0205).

    (A) Emission limits and other control measures: The SIP must include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters as needed to implement, maintain and enforce each of the NAAQS.4 New Mexico's Environmental Improvement Act (EIA) and Air Quality Control Act (AQCA) provide the Secretary, the NMED and the New Mexico Environmental Improvement Board (EIB) with broad legal authority. They can adopt emission standards and compliance schedules applicable to regulated entities; emission standards and limitations and any other measures necessary for attainment and maintenance of national standards; and, enforce applicable laws, regulations, standards and compliance schedules, and seek injunctive relief. This authority has been employed to adopt and submit multiple revisions to the New Mexico State Implementation Plan. The approved SIP for New Mexico is documented at 40 CFR part 52.1620, subpart GG.5

    4 The specific nonattainment area plan requirements of section 110(a)(2)(I) are subject to the timing requirements of section 172, not the timing requirement of section 110(a)(1). Thus, section 110(a)(2)(A) does not require that states submit regulations or emissions limits specifically for attaining the 2010 SO2 NAAQS. Those SIP provisions are due as part of each state's attainment plan, and will be addressed separately from the requirements of section 110(a)(2)(A). In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS.

    5https://www.law.cornell.edu/cfr/text/40/52.1620.

    (B) Ambient air quality monitoring/data system: The SIP must provide for establishment and implementation of ambient air quality monitors, collection and analysis of monitoring data, and providing the data to EPA upon request.

    The AQCA provides the authority allowing EIB and NMED to collect air monitoring data, quality-assure the results, and report the data. New Mexico maintains and operates a SO2 network to measure ambient levels. All monitoring data is measured using EPA approved methods and subject to the EPA quality assurance requirements. NMED submits all required data to EPA, following the EPA rules. The statewide network was approved into the SIP and it undergoes recurrent annual review by EPA.6 In addition, NMED conducts a recurrent assessment of its monitoring network every five years, which includes an evaluation of the need to conduct ambient monitoring for SO2, as required by EPA rules. The most recent of these 5-year monitoring network assessments was conducted by NMED and approved by EPA.7 The NMED Web site provides the monitor locations and posts past and current concentrations of criteria pollutants measured in the State's network of monitors.8

    6 A copy of the 2014 Annual Air Monitoring Network Plan and EPA's approval letter are included in the docket for this proposed rulemaking.

    7 A copy of the 2010 5-year ambient monitoring network assessment and EPA's approval letter are included in the docket for this proposed rulemaking.

    8 See http://air.nmenv.state.nm.us.

    (C) Program for enforcement: The SIP must include the following three elements: (1) A program providing for enforcement of the measure in paragraph A above; (2) a program for the regulation of the modification and construction of stationary sources as necessary to protect the applicable NAAQS (i.e., state-wide permitting of minor sources); and (3) a permit program to meet the major source permitting requirements of the CAA (for areas designated as attainment or unclassifiable for the NAAQS in question).9

    9 As discussed in further detail in the TSD.

    (1) Enforcement of SIP Measures. As noted in (A), the state statutes provide authority for the Secretary, EIB and the NMED to enforce the requirements of the AQCA, and any regulations, permits, or final compliance orders. Its statutes also provide the Secretary, the NMED and the EIB with general enforcement powers. Among other things, they can file lawsuits to compel compliance with the statutes and regulations; commence civil actions; issue field citations; conduct investigations of regulated entities; collect criminal and civil penalties; develop and enforce rules and standards related to protection of air quality; issue compliance orders; pursue criminal prosecutions; investigate, enter into remediation agreements; and issue emergency cease and desist orders. The AQAC also provides additional enforcement authorities and funding mechanisms.

    (2) Minor New Source Review (NSR). The SIP is required to include measures to regulate construction and modification of stationary sources to protect the NAAQS. New Mexico's minor NSR permitting requirements are approved as part of the SIP.10

    10 EPA is not proposing to approve or disapprove New Mexico's existing minor NSR program to the extent that it may be inconsistent with EPA's regulations governing this program. EPA has maintained that the CAA does not require that new infrastructure SIP submissions correct any defects in existing EPA-approved provisions of minor NSR programs in order for EPA to approve the infrastructure SIP for element C (e.g., 76 FR 41076-41079, July 13, 2011). EPA believes that a number of states may have minor NSR provisions that are contrary to the existing EPA regulations for this program. The statutory requirements of section 110(a)(2)(C) provide for considerable flexibility in designing minor NSR programs.

    (3) Prevention of Significant Deterioration (PSD) permit program. New Mexico's PSD portion of the SIP covers all NSR regulated pollutants as well as the requirements for the 2010 SO2 NAAQS and has been approved by EPA.11

    11 As discussed further in the TSD.

    (D) Interstate and international transport: There are four requirements the SIP must include relating to interstate transport. These four requirements are referred to as prongs 1 through 4. Prongs 1 and 2 require adequate provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance, of any NAAQS in another state. Prong 3 and 4 prohibit interfering with measures required of any other state to prevent significant deterioration of air quality or to protect visibility. In addition, States must comply with requirements to prevent transport of international air pollution.

    New Mexico did not address Prongs 1 and 2 in this submission. EPA intends to develop guidance and additional information for the states to address these requirements. We expect that New Mexico will make a SIP submittal for prongs 1 and 2 at a later time.

    The necessary provisions for prong 3 are contained in the PSD portion of the SIP. The prong 4 requirement was met by our approval of the regional haze and visibility component of the SIP.

    New Mexico's SIP includes provisions that satisfy the CAA interstate pollution abatement requirements prongs 3 and 4. There are no final findings by EPA that New Mexico air emissions affect other countries. Therefore, New Mexico has no international obligations. If EPA makes such a finding, NMED will consult with EPA.

    (E) Adequate authority, resources, implementation, and oversight: The SIP must provide for the following: (1) Necessary assurances that the state (and other entities within the state responsible for implementing the SIP) will have adequate personnel, funding, and authority under state or local law to implement the SIP, and that there are no legal impediments to such implementation; (2) requirements relating to state boards; and (3) necessary assurances that the state has responsibility for ensuring adequate implementation of any plan provision for which it relies on local governments or other entities to carry out that portion of the plan.

    Both elements A and E address the requirement that there is adequate authority to implement and enforce the SIP and that there are no legal impediments.

    This i-SIP submission for the 2010 SO2 NAAQS describes the SIP regulations governing the various functions of personnel within the EIB and NMED, including the administrative, technical support, planning, enforcement, and permitting functions of the program.

    With respect to funding, the AQCA requires NMED to establish an emissions fee schedule for sources in order to fund the reasonable costs of administering various air pollution control programs and authorizes NMED to collect additional fees necessary to cover reasonable costs associated with processing of air permit applications. EPA conducts periodic program reviews to ensure that the state has adequate resources and funding to among other things implement and enforce the SIP.

    As required by the CAA, the EIA and the SIP stipulate that any board or body, which approves permits or enforcement orders, must have at least a majority of members who represent the public interest and do not derive any “significant portion” of their income from persons subject to permits and enforcement orders or who appear before the board on issues related to the CAA or AQCA. The members of the board or body, or the head of an agency with similar powers, are required to adequately disclose any potential conflicts of interest.

    With respect to assurances that the State has responsibility to implement the SIP adequately when it authorizes local or other agencies to carry out portions of the plan, the EIA and the AQCA designate the NMED as the primary air pollution control agency. The statutes allow for local agencies to carry out some or all of the Act's responsibilities.

    There is one local air quality control agency, the Albuquerque/Bernalillo County Air Quality Control Board, which assumes jurisdiction for local administration and enforcement of the AQCA in Bernalillo County. There are Albuquerque/Bernalillo County SIP provisions which are part of the New Mexico SIP.12

    12 Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4 or https://www.law.cornell.edu/cfr/text/40/52.1620.

    (F) Stationary source monitoring system: The SIP requires the establishment of a system to monitor emissions from stationary sources and to submit periodic emission reports. It must require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources, to monitor emissions from sources. The SIP shall also require periodic reports on the nature and amounts of emissions and emissions-related data from sources, and require that the state correlate the source reports with emission limitations or standards established under the CAA. These reports must be made available for public inspection at reasonable times.

    The AQCA authorizes the NMED to require persons engaged in operations which result in air pollution to monitor or test emissions and to file reports containing information relating to the nature and amount of emissions. There also are SIP state regulations pertaining to sampling and testing and requirements for reporting of emissions inventories. In addition, SIP rules establish general requirements for maintaining records and reporting emissions.

    The NMED uses this information, in addition to information obtained from other sources, to track progress towards maintaining the NAAQS, developing control and maintenance strategies, identifying sources and general emission levels, and determining compliance with SIP regulations and additional EPA requirements. The SIP requires this information be made available to the public. Provisions concerning the handling of confidential data and proprietary business information are included in the SIP's regulations. These rules specifically exclude from confidential treatment any records concerning the nature and amount of emissions reported by sources.

    (G) Emergency authority: The SIP must provide for authority to address activities causing imminent and substantial endangerment to public health or welfare or the environment and to include contingency plans to implement such authorities as necessary.

    The AQCA provides NMED with authority to address environmental emergencies, and NMED has contingency plans to implement emergency episode provisions.

    Upon a finding that any owner/operator is unreasonably affecting the public health, safety or welfare, or the health of animal or plant life, or property, AQCA authorizes NMED to, after a reasonable attempt to give notice, declare a state of emergency and issue without hearing an emergency special order directing the owner/operator to cease such pollution immediately.

    The New Mexico “Air Pollution Episode Contingency Plan for New Mexico,” is part of the SIP. However, because of the low levels of SO2 emissions monitored statewide, New Mexico is not required to have contingency plans for this revised NAAQS. However, to provide additional protection, the State has general emergency powers to address any possible dangerous SO2 episode if necessary to protect the environment and public health.

    (H) Future SIP revisions: States must have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS.

    The AQCA requires the NMED to revise its SIP, as necessary, to account for revisions of the NAAQS, new NAAQS, to attain and maintain the NAAQS, to abate air pollution, to adopt more effective methods of attaining the NAAQS, and to respond to EPA SIP calls.

    (I) Nonattainment areas: New Mexico presently does not have any non-attainment areas for SO2 and EPA believes that nonattainment area requirements should be treated separately from the i-SIP requirements.13 If necessary, EPA will take action through a separate rulemaking process on the non-attainment area requirements.

    13 This infrastructure SIP rulemaking will not address the New Mexico program for provisions related to nonattainment areas, since EPA considers evaluation of these provisions to be outside the scope of infrastructure SIP actions.

    (J) Consultation with government officials, public notification, PSD and visibility protection: The SIP must meet the following three requirements: (1) Relating to interagency consultation regarding certain CAA requirements; (2) relating to public notification of NAAQS exceedances and related issues; and, (3) prevention of significant deterioration of air quality and visibility protection.

    (1) Interagency consultation: As required by the AQCA, there must be a public hearing before the adoption of any regulations or emission control requirements and all interested persons are given a reasonable opportunity to submit data, view, or arguments orally or in writing and to examine witnesses testifying at the hearing. In addition, the AQAC provides the NMED the power and duty to “advise, consult, contract with and cooperate with local authorities, other states, the federal government and other interested persons or groups in regard to matters of common interest in the field of air quality control . . .”. Furthermore, New Mexico's PSD SIP rules mandate that the NMED shall provide for public participation and notification regarding permitting applications to any other state or local air pollution control agencies, local government officials of the city or county where the source will be located, tribal authorities, and Federal Land Managers (FLMs) whose lands may be affected by emissions from the source or modification. Additionally, the State's PSD SIP rules require the NMED to consult with FLMs regarding permit applications for sources with the potential to impact Class I Federal Areas. The SIP also includes a commitment to consult continually with the FLMs on the review and implementation of the visibility program, and the State recognizes the expertise of the FLMs in monitoring and new source review applicability analyses for visibility and has agreed to notify the FLMs of any advance notification or early consultation with a major new or modifying source prior to the submission of the permit application. The State's Transportation Conformity SIP rules provide procedures for interagency consultation, resolution of conflicts, and public notification.

    (2) Public Notification: The i-SIP provides the SIP regulatory citations requiring the NMED to regularly notify the public of instances or areas in which any NAAQS are exceeded. Included in the SIP are the rules for NMED to advise the public of the health hazard associated with such exceedances; and enhance public awareness of measures that can prevent such exceedances and of ways in which the public can participate in the regulatory and other efforts to improve air quality. In addition, as discussed for infrastructure element B above, the NMED air monitoring Web site provides live air quality data for each of the monitoring stations in New Mexico.8 The Web site also provides information on the health effects of ozone, particulate matter, and other criteria pollutants.

    (3) PSD and Visibility Protection: The PSD requirements here are the same as those addressed under (C). The New Mexico SIP requirements relating to visibility and regional haze are not affected when EPA establishes or revises a NAAQS. Therefore, EPA believes that there are no new visibility protection requirements due to the revision of the NAAQS, and consequently there are no newly applicable visibility protection obligations pursuant to infrastructure element J after the promulgation of a new or revised NAAQS.

    (K) Air quality and modeling/data: The SIP must provide for performing air quality modeling, as prescribed by EPA, to predict the effects on ambient air quality of any emissions of any NAAQS pollutant, and for submission of such data to EPA upon request.

    The NMED has the power and duty, under the AQCA to investigate and develop facts providing for the functions of environmental air quality assessment. Past modeling and emissions reductions measures have been submitted by the State and approved into the SIP. Additionally, New Mexico has the ability to perform modeling for the primary and secondary SO2 standards and other criteria pollutant NAAQS on a case-by-case permit basis consistent with their SIP-approved PSD rules and with EPA guidance.

    The New Mexico AQCA authorizes and requires NMED to cooperate with the federal government and local authorities concerning matters of common interest in the field of air quality control, thereby allowing the agency to make such submissions to the EPA.

    (L) Permitting Fees: The SIP must require each major stationary source to pay permitting fees to the permitting authority, as a condition of any permit required under the CAA, to cover the cost of reviewing and acting upon any application for such a permit, and, if the permit is issued, the costs of implementing and enforcing the terms of the permit. The fee requirement applies until a fee program established by the state pursuant to Title V of the CAA, relating to operating permits, is approved by EPA.

    See element (E) above for the description of the mandatory collection of permitting fees outlined in the SIP.

    (M) Consultation/participation by affected local entities: The SIP must provide for consultation and participation by local political subdivisions affected by the SIP.

    See element J (1) and (2) for a discussion of the SIP's public participation process, the authority to advise and consult, and the PSD SIP's public participation requirements. Additionally, the AQCA also requires initiation of cooperative action between local authorities and the NMED, between one local authority and another, or among any combination of local authorities and the NMED for control of air pollution in areas having related air pollution problems that overlap the boundaries of political subdivisions, and entering into agreements and compacts with adjoining states and Indian tribes, where appropriate. NMED has a long history of successful cooperation with the local air quality authority in Albuquerque/Bernalillo County and tribal governments. The transportation conformity component of New Mexico's SIP requires that interagency consultation and opportunity for public involvement be provided before making transportation conformity determinations and before adopting applicable SIP revisions on transportation-related issues.

    III. Proposed Action

    EPA is proposing to approve the February 14, 2014, infrastructure SIP submission from New Mexico, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2010 SO2 NAAQS. Specifically, EPA is proposing to approve the following infrastructure elements, or portions thereof: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not proposing action on section 110(a)(2)(I)—Nonattainment Area Plan or Plan Revisions, nor on the visibility protection portion of section 110(a)(2)(J) as EPA believes these need not be addressed in the i-SIP. Based upon review of the state's infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in these submissions or referenced in New Mexico's SIP, EPA believes that New Mexico has the infrastructure in place to address all applicable required elements of sections 110(a)(1) and (2) (except otherwise noted) to ensure that the 2010 SO2 NAAQS are implemented in the state.

    IV. 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 CAA. Accordingly, this action merely proposes to approve 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).

    EPA is not proposing to approve this infrastructure SIP certification 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, this proposed approval of an infrastructure SIP certification does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Sulfur dioxide reporting and recordkeeping requirements.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: June 18, 2015. Ron Curry, Regional Administrator, Region 6.
    [FR Doc. 2015-15911 Filed 6-26-15; 8:45 am] BILLING CODE 6560-50-P
    80 124 Monday, June 29, 2015 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request; Correction June 24, 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 or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. 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: Pesticide Use Proposal (PUP) Form.

    Action: Notice; Correction.

    OMB Control Number: 0596—New.

    Summary: The Department of Agriculture published a document in the Federal Register on June 18, 2015, Volume 80, page 34880 concerning a request for comments on the Information Collection “Pesticide Use Proposal (PUP) Form” OMB control number 0596—New. The number of respondents 36, and the 600 total burden hours reported were incorrect. The correct figures are 700 respondents and 1,750 total burden hours.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-15898 Filed 6-26-15; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 24, 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 or other forms of information technology.

    Comments regarding this information collection received by July 29, 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 20502. Commenters 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) 720-8958.

    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.

    Animal and Plant Health Inspection Service

    Title: Importation of Peppers from Certain Central American Countries.

    OMB Control Number: 0579-0274.

    Summary of Collection: Under the Plant Protection Act (PPA) (7 U.S.C. 7701-7772), the Secretary of Agriculture is authorized to carry out operations or measures to detect, eradicate, suppress, control, prevent, or retard the spread of plant pests new to the United States or not known to be widely distributed throughout the United States. Regulations authorized by the PPA concerning the importation of fruits and vegetables into the United States from certain parts of the world are contained in “Subpart Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-72). The fruits and vegetables regulations allow certain type of peppers grown in approved registered production sites in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama to be imported, under certain conditions, into the United States without treatment while continuing to provide protection against the introduction of quarantine pests into the United States.

    Need and Use of the Information: The regulations require the use of information collection activities including inspections by Central American national plant protection organization officials, phytosanitary certificate, labeling of boxes, monitor traps, trapping records, bilateral workplan, production site registrations, and quality control program. If the information were not collected, it would cripple the Animal and Plant Health Inspection Service ability to regulate and prevent the importation or spread of plant pests and diseases from entering the United States.

    Description of Respondents: Not-for-profit institutions; Federal Government.

    Number of Respondents: 36.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 4,554.

    Animal and Plant Health Inspection Service

    Title: Movement of Plants and Plant Products from Hawaii and the Territories (formerly, Revision of Hawaii and the Territories Fruits and Vegetables Regulations).

    OMB Control Number: 0579-0346.

    Summary of Collection: Under the Plant Protection Act (7 U.S.C. 7701), the Secretary of Agriculture is authorized to prohibit or restrict the importation, entry, or movement of fruits, vegetables, plants, and plant pests to prevent the introduction of pests or diseases into the United States, or dissemination of pests and diseases within the United States. The Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), is responsible for implementing this Act and does so through the enforcement of its Hawaiian and territorial quarantine regulations contained in Part 318 of Title 7, Code of Federal Regulations.

    Need and Use of the Information: APHIS will use the following forms and activities to collect information: PPQ 530, PPQ 586, PPQ 519, PPQ 540, Labeling of Boxes for Pest Free Areas, Inspection and Certification, Trapping and Surveillance, Contingency Plans approved by APHIS, Updated Mapping Identifying Places Where Horticultural or Other Crops are Grown, Written Request for Facility Approval—and Recertification, Recordkeeping, and Decertification of Pest Free Areas—and Reinstatement. If APHIS did not collect this information or if APHIS collected this information less frequently, the spread of dangerous plant diseases and pests could cause millions of dollars in damage to U.S. agriculture.

    Description of Respondents: Business or other for-profits; State, Local or Tribal Government.

    Number of Respondents: 178.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 7,660.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-15897 Filed 6-26-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Office of the Secretary Meeting Notice of the Agricultural Research Service—Animal Handling and Welfare Review Panel AGENCY:

    Research, Education, and Economics, USDA.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with section 1409(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3124a(e)), Federal-State Partnership and Coordination, the United States Department of Agriculture (USDA) announces an open meeting of the Agricultural Research Service—Animal Handling and Welfare Review Panel (ARS-AHWR) to discuss the report and recommendations on the Phase II review of the agency-wide research animal care and well-being policies, procedures, and standards for agricultural livestock in ARS research.

    DATES:

    The ARS-AHWR will meet virtually on Tuesday, July 14, 2015, at 1:00 p.m. Eastern Daylight Time.

    ADDRESSES:

    The meeting will take place virtually at the AT&T Meeting Room below. Please follow the pre-registration instructions to ensure your participation in the meeting.

    Call-In instructions for Tuesday, July 14, 2015 at 1:00 p.m. Eastern Daylight Time

    Web Preregistration: Participants may preregister for this teleconference at http://emsp.intellor.com?p=420376&do=register&t=8. Once the participant registers, a confirmation page will display dial-in numbers and a unique PIN, and the participant will also receive an email confirmation of this information.

    You may submit written comments to: REE Advisory Board Office, Jamie L. Whitten Building, Room 332A, 1400 Independence Avenue SW., Washington, DC 20250, or via email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michele Esch, Executive Director, REE Advisory Board Office, U.S. Department of Agriculture; telephone: (202) 720-3684; fax: (202) 720-6199; or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On Tuesday, July 14, 2015, at 1:00 p.m. Eastern Daylight Time a virtual meeting will be conducted for any interested stakeholders and/or interested parties to hear the summary of findings and recommendations of the Phase II review of the agency-wide research animal care and well-being policies, procedures, and standards for agricultural livestock in ARS research. The Review Panel plans to hear stakeholder input received from this meeting as well as other written comments. The report will be available at www.ree.usda.gov on July 6, 2015.

    This meeting is open to the public and any interested individuals wishing to attend.

    Opportunity for verbal public comment will be offered on the day of the meeting. Written comments by attendees or other interested stakeholders will be welcomed for the public record before and up to the day of the meeting (by close of business on Tuesday, July 14, 2015). All statements will become a part of the official record of the REE Mission Area and will be kept on file for public review in the REE Advisory Board Office.

    Done at Washington, DC, this 23 day of June 2015. Ann Bartuska, Deputy Under Secretary, Research, Education, and Economics.
    [FR Doc. 2015-15895 Filed 6-26-15; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Foreign Agricultural Service WTO Agricultural Quantity-Based Safeguard Trigger Levels AGENCY:

    Foreign Agricultural Service, U.S. Department of Agriculture.

    ACTION:

    Notice of product coverage and trigger levels for safeguard measures provided for in the World Trade Organization (WTO) Agreement on Agriculture.

    SUMMARY:

    This notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products.

    DATES:

    June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Safeguard Staff, Import Policies and Export Reporting Division, Office of Trade Programs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1020, 1400 Independence Avenue SW., Washington, DC 20250-1020; by telephone (202) 720-0638; or by fax (202) 720-0876.

    SUPPLEMENTARY INFORMATION:

    Article 5 of the WTO Agreement on Agriculture provides that additional import duties may be imposed on imports of products subject to tariffication as a result of the Uruguay Round, if certain conditions are met. The agreement permits additional duties to be charged if the price of an individual shipment of imported products falls below the average price for similar goods imported during the years 1986-88 by a specified percentage. It also permits additional duties to be imposed if the volume of imports of an article exceeds the average of the most recent 3 years for which data are available by 5, 10, or 25 percent, depending on the article. These additional duties may not be imposed on quantities for which minimum or current access commitments were made during the Uruguay Round negotiations, and only one type of safeguard, price or quantity, may be applied at any given time to an article.

    Section 405 of the Uruguay Round Agreements Act requires that the President cause to be published in the Federal Register information regarding the price and quantity safeguards, including the quantity trigger levels, which must be updated annually based upon import levels during the most recent 3 years. The President delegated this duty to the Secretary of Agriculture in Presidential Proclamation No. 6763, dated December 23, 1994, 60 FR 1005 (Jan. 4, 1995). The Secretary of Agriculture further delegated this duty, which lies with the Administrator of the Foreign Agricultural Service (7 CFR 2.43(a)(2)). The Annex to this notice contains the updated quantity trigger levels.

    Additional information on the products subject to safeguards and the additional duties which may apply can be found in subchapter IV of Chapter 99 of the Harmonized Tariff Schedule of the United States (2014) and in the Secretary of Agriculture's Notice of Uruguay Round Agricultural Safeguard Trigger Levels, published in the Federal Register at 60 FR 427 (Jan. 4, 1995).

    Notice: As provided in Section 405 of the Uruguay Round Agreements Act, consistent with Article 5 of the WTO Agreement on Agriculture, the safeguard quantity trigger levels previously notified are superceded by the levels indicated in the Annex to this notice. The definitions of these products were provided in the Notice of Safeguard Action published in the Federal Register, at 60 FR 427 (Jan. 4, 1995).

    Issued at Washington, DC, this 4th day of June 2015. Philip C. Karsting, Administrator, Foreign Agricultural Service. ANNEX Quantity-Based Safeguard Trigger Product Trigger level Period Beef 276,008 mt January 1, 2015 to December 31, 2015. Mutton 3,233 mt January 1, 2015 to December 31, 2015. Cream 12,129 liters January 1, 2015 to December 31, 2015. Evaporated or Condensed Milk 1,097,885 kilograms January 1, 2015 to December 31, 2015. Nonfat Dry Milk 524,659 kilograms January 1, 2015 to December 31, 2015. Dried Whole Milk 3,293,081 kilograms January 1, 2015 to December 31, 2015. Dried Cream 662 kilograms January 1, 2015 to December 31, 2015. Dried Whey/Buttermilk 34,560 kilograms January 1, 2015 to December 31, 2015. Butter 9,414,976 kilograms January 1, 2015 to December 31, 2015. Butter Oil and Butter Substitutes 5,840,777 kilograms January 1, 2015 to December 31, 2015. Dairy Mixtures 14,384,611 kilograms January 1, 2015 to December 31, 2015. Blue Cheese 4,779,080 kilograms January 1, 2015 to December 31, 2015. Cheddar Cheese 9,768,173 kilograms January 1, 2015 to December 31, 2015. American-Type Cheese 14,668 kilograms January 1, 2015 to December 31, 2015. Edam/Gouda Cheese 7,700,542 kilograms January 1, 2015 to December 31, 2015. Italian-Type Cheese 18,291,760 kilograms January 1, 2015 to December 31, 2015. Swiss Cheese with Eye Formation 26,807,720 kilograms January 1, 2015 to December 31, 2015. Gruyere Process Cheese 3,551,763 kilograms January 1, 2015 to December 31, 2015. Lowfat Cheese 149,910 kilograms January 1, 2015 to December 31, 2015. NSPF Cheese 50,415,571 kilograms January 1, 2015 to December 31, 2015. Peanuts 20,493 mt April 1, 2014 to March 31, 2015. 19,037 mt April 1, 2015 to March 31, 2016. Peanut Butter/Paste 3,527 mt January 1, 2015 to December 31, 2015. Raw Cane Sugar 599,416 mt October 1, 2014 to September 30, 2015. 676,944 mt October 1, 2015 to September 30, 2016. Refined Sugar and Syrups 198,613 mt October 1, 2014 to September 30, 2015. 177,579 mt October 1, 2015 to September 30, 2016. Blended Syrups 60 mt October 1, 2014 to September 30, 2015. 87 mt October 1, 2015 to September 30, 2016. Articles Over 65% Sugar 269 mt
  • 385 mt
  • October 1, 2014 to September 30, 2015.
  • October 1, 2015 to September 30, 2016.
  • Articles Over 10% Sugar 15,471 mt
  • 20,158 mt
  • October 1, 2014 to September 30, 2015.
  • October 1, 2015 to September 30, 2016.
  • Sweetened Cocoa Powder 84 mt
  • 86 mt
  • October 1, 2014 to September 30, 2015.
  • October 1, 2015 to September 30, 2016.
  • Chocolate Crumb 11,646,383 kilograms January 1, 2015 to December 31, 2015. Lowfat Chocolate Crumb 478,061 kilograms January 1, 2015 to December 31, 2015. Infant Formula Containing Oligosaccharides 210,818 kilograms January 1, 2015 to December 31, 2015. Mixes and Doughs 170 mt October 1, 2014 to September 30, 2015. 230 mt October 1, 2015 to September 30, 2016. Mixed Condiments and Seasonings 653 mt October 1, 2014 to September 30, 2015. 961 mt October 1, 2015 to September 30, 2016. Ice Cream 2,552,994 liters January 1, 2015 to December 31, 2015. Animal Feed Containing Milk 53,195 kilograms January 1, 2015 to December 31, 2015. Short Staple Cotton 2,899,397 kilograms September 20, 2014 to September 19, 2015. 2,330,949 kilograms September 20, 2015 to September 19, 2016. Harsh or Rough Cotton 0 kilograms
  • 0 kilograms
  • August 1, 2014 to July 31, 2015.
  • August 1, 2015 to July 31, 2016.
  • Medium Staple Cotton 57,587 kilograms
  • 48,783 kilograms
  • August 1, 2014 to July 31, 2015.
  • August 1, 2015 to July 31, 2016.
  • Extra Long Staple Cotton 860,694 kilograms
  • 1,505,611 kilograms
  • August 1, 2014 to July 31, 2015.
  • August 1, 2015 to July 31, 2016.
  • Cotton Waste 443,246 kilograms September 20, 2014 to September 19, 2015. 793,048 kilograms September 20, 2015 to September 19, 2016. Cotton, Processed, Not Spun 4,035 kilograms
  • 2,058 kilograms
  • September 20, 2014 to September 19, 2015.
  • September 20, 2015 to September 19, 2016.
  • [FR Doc. 2015-15880 Filed 6-26-15; 8:45 am] BILLING CODE 3410-10-P
    DEPARTMENT OF AGRICULTURE Forest Service San Juan Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The San Juan Resource Advisory Committee (RAC) will meet in Durango Colorado. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. Additional RAC information, including the meeting agenda and the meeting summary/minutes can be found at the following Web site: http://cloudapps-usda-gov.force.com/FSSRS/RAC_Page?id=001t0000002JcvFAAS.

    DATES:

    The meeting will be held at 9 a.m. on Thursday, July 23, 2015.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at the San Juan Public Lands Center, Sonoran Meeting Rooms, 15 Burnett Court, Durango, Colorado.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at San Juan Public Lands Center. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Ann Bond, RAC Coordinator, by phone at 970-385-1219 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Review previously approved projects, and

    2. Review current project proposals to be recommended for funding under the Title II provision of the Secure Rural Schools Act.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by July 20, 2015, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Ann Bond, RAC Coordinator, San Juan Public Lands Center, 15 Burnett Court, Durango, Colorado 81301; by email to [email protected], or via facsimile to 970-375-2331.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: June 23, 2015. Kara L. Chadwick, Forest Supervisor, San Juan National Forest.
    [FR Doc. 2015-15864 Filed 6-26-15; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Notice of New Recreation Fee; Federal Lands Recreation Enhancement Act AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of new recreation fee.

    SUMMARY:

    The Tonto National Forest is giving notice of a new recreation fee for an onsite option to purchase the daily Tonto Pass and watercraft sticker. The new onsite fee is $12 for the daily Tonto Pass and $6 for watercraft sticker. The new fee provides an option for people to pay when they arrive at the site, which is not currently unavailable. The fee will be collected using electronic fee machines installed at key recreation sites.

    DATES:

    Date of Implementation: This new fee will go into effect no earlier than December 28, 2015.

    SUPPLEMENTARY INFORMATION:

    This new fee is part of a larger fee modification proposal on the Tonto National Forest. The 2014 Recreation Fee Proposal can be found on the Tonto National Forest Web site at: http://www.fs.usda.gov/detail/tonto/home/?cid=STELPRDB5405154.

    The onsite pass purchase option is being implemented in response to an identified public request to provide a convenient method of purchasing recreation passes within recreation sites.

    Onsite fee machines in remote locations have high operations and maintenance costs. Lower priced Tonto passes and watercraft stickers can still be purchased off-site at over 200 retail vendors or online.

    The Federal Lands Recreation Enhancement Act (Title VII, Pub. L. 108-447) directs the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established. This new fee, as well as the fee changes proposed in the larger fee proposal, were reviewed and recommended by the BLM Arizona Recreation Resource Advisory Council (R-RAC) on June 4, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Greg Schuster at 620-225-5200 or by email at [email protected] Information about the 2014 Recreation Fee Proposal can also be found on the Tonto National Forest Web site: http://www.fs.usda.gov/detail/tonto/home/?cid=STELPRDB5405154.

    Dated: June 17, 2015. Kerwin Dewberry, Deputy Forest Supervisor, Tonto National Forest.
    [FR Doc. 2015-15596 Filed 6-26-15; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS-2015-0008] The Secretary of Agriculture's Determination of the Primary Purpose of the Southwest Florida Water Management District's Facilitating Agricultural Resource Management Systems Program, Mini-FARMS Program, Flow Meter Reimbursement Program, Quality of Water Improvement Program, and Back- Plugging Funding Assistance Initiative AGENCY:

    Natural Resources Conservation Service (NRCS), USDA.

    ACTION:

    Notice of determination.

    SUMMARY:

    The Natural Resources Conservation Service is providing public notice that the Secretary of Agriculture has determined that cost-share payments made by the Southwest Florida Water Management District (SWFWMD) through its Facilitating Agricultural Resource Management Systems (FARMS) Program, Mini-FARMS Program, Flow Meter Reimbursement Program, Quality of Water Improvement Program (QWIP), and Back-Plugging Funding Assistance Initiative are primarily for the purpose of conserving soil and water resources or protecting and restoring the environment. SWFWMD is a political subdivision of the State of Florida. NRCS was assigned technical and administrative responsibility for reviewing SWFWMD's FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative, and for making appropriate recommendations for the Secretary's determination of primary purpose. The Secretary made the determination for the State of Florida's Agricultural Best Management Practices Program, which is a counterpart to SWFWMD's FARMS Program (74 FR 49850).

    This determination is in accordance with section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude such payments from gross income to the extent allowed by the Internal Revenue Service.

    ADDRESSES:

    A “Record of Decision” for SWFWMD's FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative has been prepared and is available upon request from Mark Rose, Director, Financial Assistance Programs Division, Natural Resources Conservation Service, 1400 Independence Avenue SW., Room 5237 South Building, Washington, DC 20250.

    FOR FURTHER INFORMATION CONTACT:

    Robert Beltran, Executive Director, Southwest Florida Water Management District, Phone: (352) 796-7211; or Mark Rose, Director, Financial Assistance Programs Division, Natural Resources Conservation Service. Phone: (202) 720-1844.

    SUPPLEMENTARY INFORMATION:

    Under section 126(a)(10) of the Internal Revenue Code, gross income does not include the “excludable portion” of payments received under any program of a State, or a political subdivision of a State, under which payments are made to individuals primarily for the purpose of protecting or restoring the environment. In general, a cost-share payment for selected conservation practices is exempt from Federal taxation if it meets three tests: (1) It was for a capital expense, (2) it does not substantially increase the operator's annual income from the property for which it is made, and (3) the Secretary of Agriculture certified that the payment was made primarily for conserving soil and water resources, protecting or restoring the environment, improving forests, or providing habitat for wildlife.

    The Secretary of Agriculture evaluates a conservation program on the basis of criteria set forth in 7 CFR part 14, and makes a “primary purpose” determination for the payments made under the program. The objective of the determination made under part 14 is to provide maximum conservation, environmental, forestry improvement, and wildlife benefits to the general public from the operation of applicable programs. Final determinations are made on the basis of program, category of practices, or individual practices. Following a primary purpose determination by the Secretary of Agriculture, the Secretary of the Treasury determines if the payments made under the conservation program substantially increases the annual income derived from the property benefited by the payments.

    Determination

    As provided for by section 126 of the Internal Revenue Code, the Secretary examined the authorizing legislation, regulations, and operating procedures regarding SWFWMD, a political subdivision of the State of Florida, and its FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative. In accordance with the criteria set out in 7 CFR part 14, the Secretary has determined the primary purpose of cost share payments made under SWFWMD's FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative is conserving soil and water resources, or protecting and restoring the environment. The FARMS and Mini-FARMS programs are implemented through Rule 40D-26 of the Florida Administrative Code. SWFWMD implements the FARMS and Mini-FARMS Programs to provide overall water resource benefits and to protect the environment. SWFWMD provides cost-share reimbursement for select best management practices that have potential water conservation, natural system restoration, and water quality benefits. The objectives of the programs are met through cost-shared construction of specific engineered structures, as well as acquisition of specific equipment to meet water conservation and environmental needs. FARMS is a cost-share program to reduce groundwater use through water conservation best management practices (BMP) in agricultural operations. The Mini-FARMS program reimburse growers for on-farm installation of select agricultural practices that have potential water conservation, sediment control, and water improvement benefits up to a $5,000 per project cap. Projects that exceed $5,000 would be considered for funding through the FARMS program.

    Chapter 40D-2, F.A.C. contains the SWFWMD water use permit regulations that implements the Flow Meter Reimbursement Program. Through its Flow Meter Reimbursement Program, SWFWMD provides cost-share funding for flow meter equipment and installation in the Dover/Plant City Water Use Caution Area. The program provides cost share for flow meter equipment installed on operational withdraw points, inflow lines, catchment facilities, tail water recovery or rainfall capture ponds and storage facilities that have been in existence prior to June 16, 2011.

    Flow meters on all withdrawal points are required as a condition of all permits with crops that utilize frost/freeze protection water quantities in the Dover/Plant City Water Use Caution Area to ensure that withdrawals will not cause any unmitigated adverse impacts on the water resources and existing legal users, and that the use continues to be in the public interest.

    Chapter 373 of the Florida Statutes enables SWFWMD to implement QWIP. Section 373.206 of the Florida Statute authorizes SWFWMD to implement the Back Plugging Funding Assistance Initiative to identify and plug highly mineralized wells of poor water quality to minimize effects upon an aquifer or water bodies. SWFWMD's QWIP and Back-Plugging Funding Assistance Initiative provide reimbursement for the plugging of groundwater wells that have poor water quality. Properly plugging poor quality groundwater wells enhances water conservation, natural system restoration, and water quality benefits. SWFWMD provides financial assistance to properly plug abandoned and deteriorating artesian wells in order to comply with Chapter 373 of the Florida Statutes. Plugging wells involves filling the abandoned well with cement or bentonite.

    Signed this 1st day of May 2015, in Washington, DC. Jason A. Weller, Chief, Natural Resources Conservation Service.
    [FR Doc. 2015-15937 Filed 6-26-15; 8:45 am] BILLING CODE 3410-16-P
    DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service Request for Nominations to the Agricultural Air Quality Task Force AGENCY:

    Natural Resources Conservation Service, USDA.

    ACTION:

    Notice of Request for Nominations to the Agricultural Air Quality Task Force.

    SUMMARY:

    The Secretary of Agriculture invites nominations of qualified candidates to be considered for a 2-year term on the Agricultural Air Quality Task Force (AAQTF) established by the Federal Agriculture Improvement and Reform Act of 1996 to provide recommendations to the Secretary of Agriculture on agricultural air quality issues. This notice solicits nominations for membership on AAQTF.

    DATES:

    Effective Date: This is effective June 29, 2015.

    ADDRESSES:

    Nominations should be postmarked no later than August 13, 2015 to Greg Johnson, Designated Federal Official, Department of Agriculture, Natural Resources Conservation Service, 1201 Northeast Lloyd Boulevard, Suite 1000, Portland, Oregon 97232, or sent by email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Greg Johnson, Designated Federal Official, Department of Agriculture, Natural Resources Conservation Service, 1201 Northeast Lloyd Boulevard, Suite 1000, Portland, Oregon 97232; telephone: (503) 273-2424; fax: (503) 273-2401; email: [email protected]

    SUPPLEMENTARY INFORMATION: AAQTF Purpose

    Section 391 of the Federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127, 7 U.S.C. 5405, requires the Chief of the Natural Resource Conservation Service (NRCS) to establish a task force to address air agricultural quality issues. The task force advises the Secretary of Agriculture on the role of the Secretary for providing oversight and coordination related to agricultural air quality. The requirements of the Federal Advisory Committee Act, 5 U.S.C. App.2, apply to this task force.

    The Task Force will:

    1. Strengthen vital research efforts related to agricultural air quality;

    2. Determine the extent to which agricultural activities contribute to air pollution;

    3. Determine cost-effective ways in which the agricultural industry can improve air quality;

    4. Coordinate and ensure intergovernmental cooperation on research activities related to agricultural air quality issues to avoid duplication, and ensure data quality and sound interpretation of data; and

    5. Advise the Secretary of Agriculture on the role of the Secretary for providing oversight and coordination related to agricultural air quality.

    AAQTF Membership

    The task force expects to meet two to three times each year, with meetings held at various locations across the United States. A task force member will serve for a term of 2 years, starting with the date of charter establishment for this task force. The Chief of NRCS serves as Chair of the task force. The task force is composed of United States citizens representing a broad spectrum of individuals with interest in agricultural air quality issues. This includes, but is not limited to, representatives from the agricultural production and processing sector, as well as those from academia, agribusiness, regulatory organizations, environmental organizations, and local or State agencies.

    Nominees to AAQTF will be evaluated on a number of criteria, including expertise in or experience with agricultural air quality research, agricultural production, and air quality environmental or regulatory issues.

    Serving as a task force member will not constitute employment by, or the holding of, an office of the United States for the purpose of any Federal law. Persons selected for membership on the task force will not receive compensation from NRCS for their service as task force members, except that while away from home or regular place of business the member will be eligible for travel expenses paid by NRCS, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the government service, under section 5703 of Title 5, U.S.C. Additional information about AAQTF may be found on the World Wide Web at http://www.airquality.nrcs.usda.gov/wps/portal/nrcs/detail/national/air/taskforce/.

    Member Nominations

    Any interested person or organization may nominate qualified individuals for membership. Interested candidates may nominate themselves. Previous nominees and task force members who wish to be considered for membership on the task force must submit a new nomination with updated information, including a new background disclosure form (Form AD-755).

    Nominations should be typed and include the following:

    1. A brief summary, no more than two pages, explaining the nominee's qualifications to serve on AAQTF and addressing the criteria described above.

    2. A resume providing the nominee's background, experience, and educational qualifications.

    3. A completed background disclosure form (Form AD-755) signed by the nominee (http://www.usda.gov/documents/OCIO_AD_755_Master_2012.pdf).

    4. Any recent publications by the nominee relative to air quality (if appropriate).

    5. At least two letters of endorsement (optional).

    Send written nominations to Greg Johnson, Designated Federal Official, Department of Agriculture, Natural Resources Conservation Service, 1201 Northeast Lloyd Boulevard, Suite 1000, Portland, Oregon 97232; or email: [email protected] The Designated Federal Official will acknowledge receipt of nominations.

    Equal Opportunity Statement

    To ensure that recommendations of the task force take into account the needs of underserved and diverse communities served by the U.S. Department of Agriculture (USDA), membership will include, to the extent practicable, individuals representing minorities, women, and persons with disabilities. USDA prohibits discrimination in all of its programs and activities on the basis of race, sex, color, national origin, gender, religion, age, sexual orientation, or disability. Additionally, discrimination on the basis of political beliefs and marital status or family status is also prohibited by statutes enforced by USDA (not all prohibited bases apply to all programs). Persons with disabilities who require alternate means for communication of program information (Braille, large print, audio tape, etc.) should contact USDA's Technology and Accessible Resources Give Employment Today Center at (202) 720-2600 (voice and TDD). USDA is an equal opportunity provider and employer.

    Signed this 29th day of May 2015, in Washington, DC. Jason A. Weller, Chief, Natural Resources Conservation Service.
    [FR Doc. 2015-15933 Filed 6-26-15; 8:45 am] BILLING CODE 3410-16-P
    DEPARMENT OF COMMERCE [Docket No. 150324295-5526-02] Privacy Act of 1974, New System of Records AGENCY:

    U.S. Department of Commerce, Office of the Secretary.

    ACTION:

    Reopening of Public Comment Period for Proposed Action; Notice of New Privacy Act System of Records; “COMMERCE/DEPT-25, Access Control and Identity Management System.”

    SUMMARY:

    On May 8, 2015, the Department of Commerce (Department) published in the Federal Register a proposed new Privacy Act system of records on the Access Control and Identity Management System and requested comment on or before June 8, 2015. The Department is reopening the original public comment period of 30 days for the proposed new Privacy Act system of records for an additional 30 days from the date of publication of this notice. The reopening is necessary because not all interested parties may have been given appropriate notification about this proposed new system of records, as well as time to respond with comments prior to the closing date of the original public comment period of June 8, 2015. All previously submitted comments will be responded to as appropriate, and members of the public who have submitted comments during the prior comment period need not resubmit them at this time.

    DATES:

    The comment period for the proposed new Privacy Act system of records published May 8, 2015 (80 FR 26534), is reopened. To be considered, written comments must be submitted on or before July 29, 2015.

    Unless comments are received, the new system of records will become effective as proposed on the date of publication of a subsequent notice in the Federal Register.

    ADDRESSES:

    You may submit written comments by any of the following methods:

    Email: [email protected] Include “COMMERCE/DEPT-25, Access Control and Identity Management System” in the subtext of the message.

    Fax: (202) 482-6089, marked to the attention of Mr. Nicholas Schnare.

    Mail: Mr. Nicholas Schnare, Office of Security, U.S. Department of Commerce, 1401 Constitution Ave., Room 1511, NW., Washington, DC 20230.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Nicholas Schnare, Office of Security, U.S. Department of Commerce, 1401 Constitution Ave., Room 1511, NW., Washington, DC 20230, (202) 482-8333.

    SUPPLEMENTARY INFORMATION:

    On May 8, 2015, the Department of Commerce (Department) published in the Federal Register a proposed new Privacy Act system of records on the Access Control and Identity Management System. See 80 FR 26534, May 8, 2015. In the original proposal, the Department requested comment on or before June 8, 2015. The public comment period is being reopened because not all interested parties may have been given adequate notice, as well as time to respond with comments about the Department's proposal to add this new system of records under the Privacy Act of 1974 for Access and Identity Management System records. This reopening will provide an opportunity for appropriate review and comment of the proposed new system of records now posted in the public docket, Docket ID No. 150324295-5295-01, for 30 days from the date of today's publication.

    Dated: June 19, 2015. Brenda Dolan, Department of Commerce, Freedom of Information and Privacy Act Officer.
    [FR Doc. 2015-15866 Filed 6-26-15; 8:45 am] BILLING CODE 3510-BX-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-42-2015] Foreign-Trade Zone 258—Bowie County, Texas; Application for Reorganization Under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the TexAmericas Center, grantee of FTZ 258, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR Sec. 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or “usage-driven” FTZ sites for operators/users located within a grantee's “service area” in the context of the FTZ Board's standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on June 22, 2015.

    FTZ 258 was approved by the FTZ Board on October 9, 2003 (Board Order 1287, 68 FR 61395, 10/28/2003). The current zone includes the following sites: Site 1 (524 acres)—Red River Commerce Park located approximately 18 miles west of Texarkana and the Texas-Arkansas border in Bowie County; and, Site 2 (160 acres)—City of Nash Industrial Park located approximately 15 miles west of Texarkana and the Texas-Arkansas border in Bowie County.

    The grantee's proposed service area under the ASF would be a portion of Bowie County, Texas, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies' needs for FTZ designation. The proposed service area is adjacent to the Shreveport-Bossier City Customs and Border Protection port of entry.

    The applicant is requesting authority to reorganize its existing zone to include all of the existing sites as “magnet” sites. The ASF allows for the possible exemption of one magnet site from the “sunset” time limits that generally apply to sites under the ASF, and the applicant proposes that Site 1 be so exempted. No subzones/usage-driven sites are being requested at this time.

    In accordance with the FTZ Board's regulations, Camille Evans of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is August 28, 2015. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to September 14, 2015.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz. For further information, contact Camille Evans at [email protected] or (202) 482-2350.

    Dated: June 22, 2015. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2015-15797 Filed 6-26-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-11-2015] Foreign-Trade Zone 168—Dallas/Fort Worth, Texas; Authorization of Production Activity; Samsung Electronics America, Inc.; (Kitting of Mobile Phones and Tablet Computers); Coppell, Texas

    On February 20, 2015, the Metroplex International Trade Development Corporation, grantee of FTZ 168, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board on behalf of Samsung Electronics America, Inc, within Site 9, in Coppell, Texas.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (80 FR 10456, 2-26-2015). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board's regulations, including Section 400.14.

    Dated: June 22, 2015. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2015-15795 Filed 6-26-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-023] Certain Uncoated Paper From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain uncoated paper (uncoated paper) from the People's Republic of China (PRC). The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective Date: June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Tran or Joy Zhang, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1503 and (202) 482-1168, respectively.

    Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination

    On the same day that the Department initiated this CVD investigation, the Department also initiated a CVD investigation of uncoated paper from Indonesia and AD investigations of uncoated paper from Australia, Brazil, the PRC, Indonesia, and Portugal.1 The AD and CVD investigations cover the same merchandise. On June 17, 2015, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(b)(4)(i), Petitioners 2 requested alignment of the final CVD determination with the final AD determination of uncoated paper from the PRC.3 Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than November 2, 2015, unless postponed.

    1See Certain Uncoated Paper From the People's Republic of China and Indonesia: Initiation of Countervailing Duty Investigations, 80 FR 8598 (February 18, 2015); and Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Initiation of Less-Than-Fair-Value Investigations, 80 FR 8608 (February 18, 2015).

    2 Petitioners are United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union; Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and Packaging Corporation of America (collectively, Petitioners).

    3See Letter from Petitioners regarding “Certain Uncoated Paper from People's Republic of China: Request for Alignment” (June 17, 2015).

    Scope of the Investigation

    The product covered by this investigation is uncoated paper from the PRC. For a complete description of the scope of the investigation, see Appendix 1 to this notice.

    Methodology

    The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Issues and Decision Memorandum.4 The Preliminary 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 http://access.trade.gov and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Issues and Decision Memorandum and the electronic version of the Preliminary Issues and Decision Memorandum are identical in content.

    4See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding “Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Uncoated Ppaer from the People's Republic of China,” dated concurrently with this notice (Preliminary Issues and Decision Memorandum).

    For this preliminary determination, we have relied on facts available for Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) and Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper) (collectively Sun Paper), and UPM Changshu (UPM), mandatory respondents, because the companies did not act to the best of their ability and respond to the Department's requests for information. Further, we have drawn an adverse inference in selecting from among the facts otherwise available to calculate the ad valorem rate for Sun Paper and UPM.5 We have also relied on facts available, with adverse inferences, with respect to certain information requested of the Government of China. For further information, see “Use of Facts Otherwise Available and Adverse Inferences” in the Preliminary Decision Memorandum.

    5See sections 776(a) and (b) of the Act.

    The Department's analysis of program usage by Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), Asia Symbol (Shandong) Pulp & Paper Co., and Greenpoint Global Trading (Macao Commercial Offshore) Limted (Greenpoint) (collectively, the Asia Symbol Companies), a mandatory respondent, is also contained in the Preliminary Decision Memorandum.

    Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated producer/exporter of the subject merchandise. For companies not individually investigated, we calculated an all others rate as described below.

    We preliminarily determine the estimated countervailable subsidy rates to be:

    Company Subsidy rate
  • (percent)
  • Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), Asia Symbol (Shandong) Pulp & Paper Co., and Greenpoint Global Trading (Macao Commercial Offshore) Limted (Greenpoint) (collectively, the Asia Symbol Companies) 5.82 Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) and Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper) (collectively Sun Paper) 126.42 UPM Changshu (UPM) 126.42 All Others 5.82

    We are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of uncoated paper from the PRC that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of the merchandise in the amounts indicated above.

    In accordance with sections 703(d) and 705(c)(5)(A)(i) of the Act, for companies not investigated, we apply an estimated “all-others” rate equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Thus, pursuant to the statute, we set the all others rate equal to the net subsidy rate of the Asia Symbol Companies.

    Verification

    As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondents prior to making our final determination.

    Disclosure and Public Comment

    The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.6 Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Issues and Decision Memorandum.

    6See 19 CFR 351.224(b).

    U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance.

    In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination.

    This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 22, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1—Scope of the Investigation

    The merchandise covered by these investigations includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level 7 of 85 or higher or is a colored paper; whether or not surface-decorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper).

    7 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper and the ink. Brightness is measured using a GE Reflectance Scale, which measures the reflection of light off a grade of paper. One is the lowest reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. “Colored paper” as used in this scope definition means a paper with a hue other than white that reflects one of the primary colors of magenta, yellow, and cyan (red, yellow, and blue) or a combination of such primary colors.

    Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated groundwood paper produced from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper.

    Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes.

    Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) categories 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive.

    Appendix 2—List of Topics Discussed in the Preliminary Issues and Decision Memorandum I. Summary II. Background III. Alignment IV. Scope Comments V. Scope of the Investigation VI. Injury Test VII. Application of Countervailing Duty Law to Imports from the PRC VIII. Subsidies Valuation IX. Benchmark and Discount Rates X. Use of Facts Otherwise Available and Adverse Inferences XI. Analysis of Programs XII. ITC Notification XIII. Disclosure and Public Comment XIV. Verification XV. Conclusion Appendix
    [FR Doc. 2015-15891 Filed 6-26-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Reviews; 2013-2014 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (“Department”) published its Preliminary Rescission for two new shipper reviews (“NSRs”) of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”) on January 28, 2015.1 The period of review (“POR”) is August 1, 2013, through January 31, 2014. As discussed below, we preliminarily found that the sales made by Nam Phuong Seafood Co., Ltd. (“Nam Phuong”) and NTACO Corporation (“NTACO”) were non-bona fide, and announced our preliminary intent to rescind their NSRs. For the final results of this review, we continue to find Nam Phuong's and NTACO's sales to be non-bona fide. Therefore, we are rescinding these two NSRs.

    1See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Intent To Rescind Antidumping Duty New Shipper Reviews; 2013-2014, 80 FR 4544 (January 28, 2015) (“Preliminary Rescission”).

    DATES:

    Effective date June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Matthew Renkey (Nam Phuong) or Susan Pulongbarit (NTACO), AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2312 or (202) 482-4031, respectively.

    SUPPLEMENTARY INFORMATION: Background

    As noted above, on January 28, 2015, the Department published the Preliminary Rescission of these NSRs. Thereafter, the Department extended the time period for issuing the final results to June 19, 2015.2 On February 27, 2015, the Department received case briefs from Nam Phuong and NTACO. On March 12, 2015, the Department received rebuttal briefs from the Catfish Farmers of America and individual U.S. catfish processors (“Petitioners”).

    2See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, from Susan S. Pulongbarit, Senior International Trade Analyst, Office V, Antidumping and Countervailing Duty Operations, regarding Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Final Results of Antidumping Duty New Shipper Reviews of Nam Phuong Seafood Co., Ltd. and NTACO Corporation, dated April 6, 2015.

    Scope of the Order

    The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus. These products are classifiable under tariff article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (“HTSUS”).3 Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive.

    3 Until July 1, 2004, these products were classifiable under HTSUS 0304.20.6030 (Frozen Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets, NESOI), 0304.20.6043 (Frozen Freshwater Fish Fillets) and 0304.20.6057 (Frozen Sole Fillets). Until February 1, 2007, these products were classifiable under HTSUS 0304.20.6033 (Frozen Fish Fillets of the species Pangasius, including basa and tra). On March 2, 2011, the Department added two HTSUS numbers at the request of U.S. Customs and Border Protection (“CBP”): 1604.19.2000 and 1604 19.3000. On January 30, 2012, the Department added eight HTSUS numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 and 1604.19.8100.

    For a full description of the scope, see “Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Issues and Decision Memorandum for the Final Results of New Shipper Review,” dated concurrently with this notice (“I&D Memo”).

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are addressed in the I&D Memo, which is hereby adopted by this Notice.4 A list of the issues which parties raised is attached to this notice as an Appendix. The I&D Memo is a public document and is on file in the Central Records Unit (“CRU”), Room B8024 of the main Department of Commerce building, as well as 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 CRU. In addition, a complete version of the I&D Memo can be accessed directly on the internet at http://trade.gov/enforcement/frn/index.html. The signed I&D Memo and the electronic versions of the I&D Memo are identical in content.

    4See Memorandum to Paul Piquado, Assistant Secretary for Enforcement & Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Issues and Decision Memorandum for the Final Results of Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,” dated June 19, 2015.

    Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona fides of Nam Phuong's and NTACO's sales and preliminarily found them to be non-bona fide. 5 Based on the Department's complete analysis of all the information and comments on the record of this review, the Department continues to find their sales to be non-bona fide. With respect to both Nam Phuong and NTACO, the Department reached this conclusion based on the totality of circumstances, namely: (a) The atypical nature of their prices; (b) the atypical involvement of other entities in the sale; (c) atypical circumstances surrounding production; (d) late payment; and (e) lack of profit on the resale of subject merchandise.6 For a complete discussion, see the I&D Memo and each company's Final Bona Fide Memorandum.7

    5See “Decision Memorandum for Preliminary Results of Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam” from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated January 20, 2015 (“Preliminary Decision Memorandum”), and hereby adopted by this notice.

    6See I&D Memo.

    7See Memorandum to James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, through Scot T. Fullerton, Program Manager, Office V, Antidumping and Countervailing Duty Operations, from Matthew Renkey, Senior International Trade Analyst “New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Analysis for the Bona Fide Nature of Nam Phuong Seafood Co., Ltd.'s Sale,” dated June 19, 2015; see also Memorandum to James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, through Scot T. Fullerton, Program Manager, Office V, Antidumping and Countervailing Duty Operations, from Susan Pulongbarit, Senior International Trade Analyst “New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Analysis for the Bona Fide Nature of NTACO Corporations's Sale,” dated June 19, 2015.

    Rescission of New Shipper Review

    For the foregoing reasons, the Department finds that Nam Phuong's and NTACO's sales are non-bona fide and that these sales do not provide a reasonable or reliable basis for calculating a dumping margin. Because these non-bona fide sales were the only sales of subject merchandise during the POR, the Department is rescinding this NSR pursuant to section 19 CFR 351.214(f).

    Cash Deposit Rates

    The following cash deposit requirements continue to apply for all shipment of subject merchandise from Nam Phuong and NTACO entered, or withdrawn from warehouse: (1) For subject merchandise produced and exported by Nam Phuong or NTACO, the cash deposit rate will continue to be the Vietnam-wide rate (i.e., 2.39 U.S. Dollars/kg); (2) for subject merchandise exported by Nam Phuong or NTACO but not manufactured by Nam Phuong or NTACO, the cash deposit rate will continue to be the Vietnam-wide rate (i.e., 2.39 U.S. Dollars/kg); and (3) for subject merchandise manufactured by Nam Phuong or NTACO, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements shall remain in effect until further notice.

    Administrative Protective Order

    This notice also serves as a reminder to parties subject to 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 these segments of the proceeding. Timely written notification of the return or 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.

    We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214.

    Dated: June 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Commerce's Bona Fide Analysis for Nam Phuong and NTACO Comment 2: Surrogate Country Selection Recommendation
    [FR Doc. 2015-15894 Filed 6-26-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-560-829] Certain Uncoated Paper From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and/or exporters of certain uncoated paper from Indonesia. The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective Date: June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    David Goldberger or Kate Johnson, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4136 and (202) 482-4929, respectively.

    Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination

    On the same day that the Department initiated this CVD investigation, the Department also initiated a CVD investigation of certain uncoated paper from the People's Republic of China (PRC) and AD investigations of certain uncoated paper from Australia, Brazil, the PRC, Indonesia, and Portugal.1 The AD and CVD investigations cover the same merchandise. On June 17, 2015, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(b)(4)(i), the petitioners 2 requested alignment of the final CVD determination with the final AD determination of certain uncoated paper from Indonesia.3 Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than November 2, 2015, unless postponed.

    1See Certain Uncoated Paper From the People's Republic of China and Indonesia: Initiation of Countervailing Duty Investigations, 80 FR 8598 (February 18, 2015); and Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Initiation of Less-Than-Fair-Value Investigations, 80 FR 8608 (February 18, 2015).

    2 The petitioners are United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union; Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and Packaging Corporation of America.

    3See Letter from the petitioners regarding “Petitioners' Request for Alignment of Countervailing Duty Investigation Final Determination Deadline with Antidumping Investigation Final Determination Deadline” (June 17, 2015).

    Scope of the Investigation

    The product covered by this investigation is certain uncoated paper from Indonesia. For a complete description of the scope of the investigation, see Appendix 1 to this notice.

    Methodology

    The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix 2 to this 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 is available to all parties in the Central Records Unit, Room B8024 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://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content.

    4See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding “Decision Memorandum for the Preliminary Affirmative Countervailing Duty Determination in the Countervailing Duty Investigation of Certain Uncoated Paper from Indonesia,” dated concurrently with this notice (Preliminary Decision Memorandum).

    For this preliminary determination, we relied on facts available pursuant to section 776(a) of the Act because certain companies selected for individual examination—Great Champ Trading Limited (Great Champ), Indah Kiat Pulp & Paper TBK (IK), and Pabrik Kertas Tjiwi Kimia (TK)—failed to provide information requested by the Department within the deadlines established and, by refusing to participate as respondents, significantly impeded the investigation.5 In addition, the Government of Indonesia (GOI) did not provide requested information with respect to certain programs upon which we initiated an investigation, thereby also resulting in the Department's reliance on facts otherwise available, pursuant to section 776(a). Because the GOI did not provide the information requested for certain programs, with respect to those programs, we drew an adverse inference that these programs provide a financial contribution and are specific, pursuant to sections 771(5)(D) and 771(5A) of the Act. Because Great Champ, IK, and TK failed to cooperate by not acting to the best of their ability to respond to the Department's requests for necessary information, pursuant to section 776(b) of the Act, in selecting from among the facts otherwise available, we drew an adverse inference that these programs confer a benefit. Therefore, the Department applied an adverse inference in its calculation of the ad valorem estimated countervailable subsidy rate for Great Champ, IK, and TK. For further information, see “Use of Facts Otherwise Available and Adverse Inferences” section in the Preliminary Decision Memorandum.

    Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated producer/exporter of the subject merchandise. In accordance with sections 703(d) and 705(c)(5)(A)(i) of the Act, for companies not individually investigated, we apply an “all-others” rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Therefore, we used the rate calculated for our sole cooperating respondent as the all-others rate.

    We preliminarily determine the countervailable subsidy rates to be:

    Company Subsidy rate
  • (percent)
  • APRIL Fine Paper Macao Commercial Offshore Limited, PT Anugrah Kertas Utama, PT Riau Andalan Kertas, PT Intiguna Primatama, PT Riau Andalan Pulp & Paper, PT Esensindo Cipta Cemerlang 43.19 Great Champ Trading Limited 125.97 Indah Kiat Pulp & Paper TBK, Pabrik Kertas Tjiwi Kimia 6 131.12 All Others 43.19

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of certain uncoated paper from Indonesia that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above.

    5See sections 776(a)(2)(A)(B), and (C) of the Act.

    6 We are also assigning to PT Pindo Deli Pulp and Paper Mills the rate assigned to IK and TK. For further discussion, see the Memorandum to the File, “Cross-Ownership: Countervailing Duty Investigation of Uncoated Paper from Indonesia,” dated concurrently with this notice.

    Verification

    As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondent prior to making our final determination.

    Disclosure and Public Comment

    The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.7 Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum.

    7See 19 CFR 351.224(b).

    U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance.

    In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination.

    This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act.

    Dated: June 22, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1—Scope of the Investigation

    The merchandise covered by this investigation includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level 1 of 85 or higher or is a colored paper; whether or not surface-decorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper).

    1 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper and the ink. Brightness is measured using a GE Reflectance Scale, which measures the reflection of light off a grade of paper. One is the lowest reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. “Colored paper” as used in this scope definition means a paper with a hue other than white that reflects one of the primary colors of magenta, yellow, and cyan (red, yellow, and blue) or a combination of such primary colors.

    Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated groundwood paper produced from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper.

    Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes.

    Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) categories 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.

    Appendix 2—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Alignment 4. Scope Comments 5. Scope of the Investigation 6. Injury Test 7. Use of Facts Otherwise Available and Adverse Inference 8. Subsidies Valuation 9. Analysis of Programs 10. ITC Notification 11. Disclosure and Public Comment 12. Verification 13. Conclusion
    [FR Doc. 2015-15901 Filed 6-26-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-007] Barium Chloride From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On May 1, 2015, the Department of Commerce (the “Department”) initiated the fourth five-year (“sunset”) review of the antidumping duty order on barium chloride from the People's Republic of China (“PRC”) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the “Act”).1 As a result of this sunset review, the Department finds that revocation of the antidumping duty order on barium chloride from the PRC would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Review” section of this notice.

    1See Initiation of Five-Year (“Sunset”) Review, 80 FR 24900 (May 1, 2015).

    DATES:

    Effective Date: June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Irene Gorelik, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.

    SUPPLEMENTARY INFORMATION:

    Background

    On June 1, 2015, the Department received an adequate substantive response from domestic interested party Chemical Products Corporation (“Petitioner”) within the deadline specified in 19 CFR 351.218(d)(3)(i).2 We received no responses from respondent interested parties. As a result, the Department conducted an expedited (120-day) sunset review of the order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).

    2See Petitioner's June 1, 2015, submission, re; “Substantive Response to the Notice of Initiation of Five-Year Review of Chemical Products Corporation.”

    Analysis of Comments Received

    All issues raised in this sunset review are addressed in the “Issues and Decision Memorandum for the Expedited Fourth Sunset Review of the Antidumping Duty Order on Barium Chloride 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, dated concurrently with, and hereby adopted by, this notice (“Decision Memorandum”). The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were to be revoked. Parties may find a complete discussion of all issues raised in the review and the corresponding recommendations in this public memorandum which is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (“ACCESS”). Access to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum is available directly on the Web at http://enforcement.trade.gov/frn/index.html. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content.

    Scope of the Order

    The merchandise covered by the order is barium chloride, a chemical compound having the formulas BaCl2 or BaCl2-2H2O, currently classifiable under item number 2827.39.45.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”).3

    3 The scope reflects the HTSUS item number currently in effect. The full scope of the order is provided in the Decision Memorandum.

    Final Results of Review

    Pursuant to section 752(c) of the Act, we determine that revocation of the antidumping duty order on barium chloride from the PRC would be likely to lead to continuation or recurrence of dumping at weighted average margins up to 155.50 percent.

    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 or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return of 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 sunset review and notice are in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: June 23, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-15903 Filed 6-26-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD969 Stock Status Determination for Atlantic Highly Migratory Atlantic Smooth Dogfish Shark and the Gulf of Mexico Smoothhound Sharks Complex AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

    This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that the Atlantic smooth dogfish shark (Mustelus canis) and the Gulf of Mexico smoothhound shark complex, which is comprised of Atlantic smooth dogfish, Florida smoothhound (M. norrisi), and Gulf smoothhound (M. sinusmexicanus), are not overfished and overfishing is not occurring.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Rubin or Karyl Brewster-Geisz by phone at 301-427-8503.

    SUPPLEMENTARY INFORMATION:

    Background

    Atlantic smooth dogfish, Florida smoothhound, and Gulf smoothhound sharks are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act. NMFS manages all shark species, except for spiny dogfish (Squalus acanthias), under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its amendments.

    NMFS recently assessed the status of these species for the first time using the Southeast Data, Assessment, and Review (SEDAR) process. The final stock assessment (SEDAR 39) was finalized and peer reviewed in March 2015.

    Data from tagging and genetic research in SEDAR 39 support the existence of two distinct Atlantic and Gulf of Mexico stocks of smooth dogfish separated by peninsular Florida. Therefore, smooth dogfish was treated as two separate stocks, one in the Atlantic region and one in the Gulf of Mexico region.

    Additionally, because smooth dogfish are the only species of smoothhound sharks occurring in the Atlantic region, the scientists conducted a stock assessment for only this species in the Atlantic region. However, because all three species occur in the Gulf of Mexico, and given the difficulty with distinguishing among and identifying the individual species of smoothhound sharks occurring in the Gulf of Mexico region, the scientists treated all three smoothhound species (smooth dogfish, Florida smoothhound, and Gulf smoothhound) as a single smoothhound shark complex within the Gulf of Mexico region.

    All documents and information regarding SEDAR 39 can be found on the SEDAR Web page at http://sedarweb.org/sedar-39.

    Atlantic Region

    For Atlantic smooth dogfish, the scientists used a length-based age-structured stock assessment model. This was the first HMS shark stock assessment conducted within the SEDAR process to utilize this type of modeling framework. The Atlantic smooth dogfish assessment implemented spawning stock fecundity (SSF), which was used as a proxy for biomass, natural mortality (M), steepness of the Beverton-Holt stock-recruitment relationship, and the selectivity patterns using the same methods as in previous HMS shark assessment.

    Two selectivity patterns were explored for the main targeted gillnet fishery (dome-shaped and asymptotic). The use of these two selectivity patterns resulted in two alternative base model configurations being evaluated. Based on diagnostic results, the scientists recommended that the dome-shaped functional form be selected as the base model. The peer reviewers found this base model to be an appropriate methodology.

    For this base model, the stock assessment scientists explored seven sensitivity scenarios. All seven model runs found that SSF in 2012 (SSF2012), was greater than SSFMSY (SSF2012/SSFMSY ranged from 1.96 to 2.81 vs. 2.29 in the base model) and that F2012 was less than FMSY (F2012/FMSY ranged from 0.61 to 0.99 vs. 0.79 in the base model). Projection results for the base model configuration indicated that levels of fixed removals less than or equal to 550 (1000s of sharks) resulted in at least a 70 percent probability of maintaining SSF above SSFMSY during the years 2013-2022. Projections for the seven sensitivity scenarios resulted in a range of fixed removals from 350 to 850 (1000s of sharks) with at least a 70 percent probability of maintaining SSF above SSFMSY during the years 2013-2022.

    The peer reviewers found it is likely that the Atlantic smooth dogfish stock is not overfished, and overfishing is not occurring based on the base model and range of associated sensitivities. The peer reviewers indicated that the range of sensitivities appropriately captured the uncertainty regarding the states of nature and the potential implications for the reference points. However they cautioned about inferences drawn about stock status because of the level of uncertainty associated with the stock-recruitment relationship and uncertainty in the catches, and noted that the fishing level for the most recent year is close to FMSY for some sensitivity runs. Overall, the peer reviewers determined the stock assessment to be based on the best scientific information available. Based on these results, NMFS determined that the status of smooth dogfish is not overfished and overfishing is not occurring.

    Gulf of Mexico Region

    The model structure for the Gulf of Mexico smoothhound shark complex was different than the Atlantic stock of smooth dogfish because of the need to combine life history data for all three species. The scientists combined this data using a life table to calculate the mid-point biological values between the species. They then used a state-space Bayesian surplus production model that implemented a Schaefer production model in a Bayesian framework. The peer reviewers found this model to be appropriate and robust. The reviewers noted issues could occur if the biology and population dynamics differed significantly but they did not believe this was an issue for the current assessment.

    In addition to the base model, the assessment scientists ran a number of sensitivities. All sensitivities found that the number of sharks in 2012 (N2012), which was the proxy used for biomass for this model, was greater than NMSY (N2012/NMSY ranged from 1.68 to 1.83 vs. 1.78 in the base model) and the exploitation rate in 2012 (H2012), which was the proxy used for fishing mortality in this model, was less than HMSY (H2012/HMSY ranged from 0.07 to 0.35 vs. 0.18 in the base model). Projections under varying catch levels conducted with the base model and sensitivities reflecting plausible states of nature, except the low catch scenario which was not deemed plausible, indicated that the 2012 catch could be increased by a factor of 4 and still allow for less than a 30 percent probability of the stock being overfished during any of the 10 years in the projection horizon. Similarly, the projected scenarios indicated that the 2012 catch could be increased by a factor of 2, 3, or 4 and still allow for less than a 30 percent probability of overfishing occurring during any of the 10 years in the projection horizon.

    The peer reviewers found the Gulf of Mexico smoothhound complex is most likely neither overfished, nor undergoing overfishing. The peer reviewers noted that the reliability of the stock status determination is dependent on the accuracy of the shrimp trawl bycatch estimates for these species and suggested that NMFS explore alternative catch streams to help assess this uncertainty. Nonetheless, the review panel believed that the model and associated sensitivities captured the main uncertainties associated with the assessment. The review panel considered the base model and corresponding sensitivity runs the best scientific information available. Based on these results, NMFS determined that the status of the Gulf of Mexico smoothhound shark complex is not overfished and overfishing is not occurring.

    Dated: June 23, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-15809 Filed 6-26-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC632 Marine Mammals; File No. 14809 AGENCY:

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

    ACTION:

    Notice; receipt of application for permit amendment.

    SUMMARY:

    Notice is hereby given that Douglas Nowacek, Ph.D., Duke University—Marine Laboratory, 135 Duke Marine Lab Rd., Beaufort, NC 28516, has applied for an amendment to Scientific Research Permit No. 14809-01.

    DATES:

    Written, telefaxed, or email comments must be received on or before July 29, 2015.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species home page, https://apps.nmfs.noaa.gov, and then selecting File No. 14809 Modification #5 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Amy Hapeman or Courtney Smith, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject amendment to Permit No. 14809-01 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226).

    Permit No. 14809, issued on March 24, 2014 (79 FR 18526), authorizes the permit holder to conduct comparative research on 34 species/stocks of cetaceans in the North Atlantic, North Pacific and Southern Oceans. Authorized activities include suction cup tagging, acoustic playbacks, passive acoustics, biopsy sampling, photo-identification, behavioral observations, and incidental harassment during vessel surveys. The research objectives are to: (1) Document baseline foraging and social behavior of cetacean species under different ecological conditions; (2) place these behaviors in a population-level context; and (3) determine how these species respond to various natural sound sources. The permit is valid through March 31, 2019. A minor amendment (-01) was issued on December 4, 2014 to the permit to authorize another type of suction cup tag. The permit holder is requesting the permit be amended to authorize the use of dart/barb tags during authorized tagging efforts on Cuvier's beaked whales (Ziphius cavirostris), short-finned pilot whales (Globicephala macrorhynchus), Risso's dolphins (Grampus griseus), Arnoux's beaked whales (Berardius arnuxii), Antarctic minke whales (Balaenoptera bonaerensis) and endangered humpback whales (Megaptera novaeangliae) during vessel surveys. No other changes to the permit are requested.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: June 23, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-15803 Filed 6-26-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-C-2015-0036] 2015 Application Period for the Patents for Humanity Program AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    Patents for Humanity is an annual program through which the United States Patent and Trademark Office (USPTO) recognizes patent holders who use their technology for humanitarian purposes. This year, the USPTO will accept applications for recognition under the program from July 1, 2015, to December 4, 2015. All other program terms remain the same as the terms of the 2014 program.

    DATES:

    Effective Date: June 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Office of Policy and International Affairs, by telephone at (571) 272-9300; by mail addressed to: Patents for Humanity Program, Office of Policy and International Affairs, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; or by email to [email protected]

    SUPPLEMENTARY INFORMATION:

    Patents for Humanity is a program through which the USPTO recognizes patent owners who use their technology for humanitarian purposes. See Patents for Humanity Program, 79 FR 18670 (Apr. 3, 2014), for a description of the program.

    In 2015, the USPTO will accept applications for recognition under the program from July 1, 2015, through December 4, 2015. The USPTO accepted applications for awards under the previous year's program from April 15, 2014, to September 15, 2014. This year's schedule will allow the USPTO to conduct outreach during the fall months and to administer the selection process during the winter. The USPTO expects to announce awards in the spring of 2016.

    All other terms of the program remain as published in the Federal Register in 2014. See Patents for Humanity Program, 79 FR 18670 (Apr. 3, 2014), or visit http://www.uspto.gov/patentsforhumanity for details.

    Dated: June 22, 2015. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
    [FR Doc. 2015-15854 Filed 6-26-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2015-ICCD-0084] Agency Information Collection Activities; Comment Request; Annual State Application Under Part B of the Individuals With Disabilities Education Act AGENCY:

    Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing [insert one of the following: An extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before August 28, 2015.

    ADDRESSES:

    Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting Docket ID number ED-2015-ICCD-0084 or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at [email protected] Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted; ED will ONLY accept comments during the comment period in this mailbox when the regulations.gov site is not available. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Mailstop L-OM-2-2E319, Room 2E115, Washington, DC 20202.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Rebecca Walawender, (202) 245-7399.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Annual State Application Under Part B of the Individuals with Disabilities Education Act.

    OMB Control Number: 1820-0030.

    Type of Review: an extension of an existing information collection.

    Respondents/Affected Public: State, Local and Tribal Governments.

    Total Estimated Number of Annual Responses: 60.

    Total Estimated Number of Annual Burden Hours: 840.

    Abstract: The Individuals with Disabilities Education Act, signed on December 3, 2004, became Public Law 108-446. In accordance with 20 U.S.C. 1412(a) a State is eligible for assistance under Part B for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the conditions found in 20 U.S.C. 1412. States will provide assurances that it either has or does not have in effect policies and procedures to meet the eligibility requirements of Part B of the Act as found in Public Law 108-446. Information Collection 1820-0030 corresponds with 34 CFR 300.100-176; 300.199; 300.640-645; and 300.705. These sections include the requirement that the Secretary and local educational agencies located in the State be notified of any State-imposed rule, regulation, or policy that is not required by this title and Federal regulations.

    Dated: June 24, 2015. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-15857 Filed 6-26-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED2015-ICCD-0083] Agency Information Collection Activities; Comment Request; Paul Douglas Teacher Scholarship Performance Report Form AGENCY:

    Office of Postsecondary Education (OPE), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a reinstatement of a previously approved information collection.

    DATES:

    Interested persons are invited to submit comments on or before August 28, 2015.

    ADDRESSES:

    Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting Docket ID number ED-2015-ICCD-0083 or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at [email protected] Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted; ED will only accept comments during the comment period in this mailbox when the regulations.gov site is not available. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Mailstop L-OM-2-2E319, Room 2E103, Washington, DC 20202.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Darryl Davis, 202-502-7657.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Paul Douglas Teacher Scholarship Performance Report Form.

    OMB Control Number: 1840-0787.

    Type of Review: A reinstatement of a previously approved information collection.

    Respondents/Affected Public: State, Local, and Tribal Government.

    Total Estimated Number of Annual Responses: 15.

    Total Estimated Number of Annual Burden Hours: 180.

    Abstract: The Paul Douglas Teacher Scholarship program was designed to issue grants to the states to provide scholarships to outstanding secondary school graduates who demonstrated an interest in teaching careers at the preschool, elementary, or secondary level. Although the program is no longer funded, the annual performance report is necessary to monitor and evaluate the compliance of the remaining state education agencies.

    Dated: June 24, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-15834 Filed 6-26-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY [FE Docket No. 15-25-LNG] Venture Global Calcasieu Pass, LLC; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations for a 25-Year Period AGENCY:

    Office of Fossil Energy, DOE.

    ACTION:

    Notice of application.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on February 9, 2015, by Venture Global Calcasieu Pass, LLC (Calcasieu Pass), requesting long-term, multi-contract authorization to export liquefied natural gas (LNG) produced from domestic sources in a volume equivalent to approximately 132.8 billion cubic feet per year (Bcf/yr) of natural gas (0.36 Bcf/day). Calcasieu Pass seeks authorization to export the LNG by vessel from the proposed Venture Global Calcasieu Pass Project, a natural gas liquefaction and LNG export terminal to be located on the Calcasieu Ship Channel in Cameron Parish, Louisiana (Project). Calcasieu Pass requests authorization to export this LNG to any country with which the United States does not have a free trade agreement (FTA) requiring national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (non-FTA countries).1 Calcasieu Pass states that the requested export volume (132.8 Bcf/yr) is incremental and therefore additive to the volume of LNG requested for export in its two non-FTA export applications currently pending in DOE/FE Docket Nos. 13-69-LNG and 14-88-LNG (originally filed by Venture Global).2 In the current Application, Calcasieu Pass requests the authorization for a 25-year term to commence on the earlier of the date of first export or seven years from the date the authorization is granted. Calcasieu Pass seeks to export this LNG on its own behalf and as agent for other entities who hold title to the LNG at the time of export. The Application was filed under section 3 of the Natural Gas Act (NGA). Additional details can be found in Calcasieu Pass's Application, posted on the DOE/FE Web site at: http://energy.gov/sites/prod/files/2015/06/f23/15_25_lng.pdf.

    1 In the Application, Calcasieu Pass also requests authorization to export the same volume of LNG to any nation that currently has, or in the future may enter into, a FTA requiring national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (FTA countries). On June 17, 2015, DOE/FE granted that request in Order No. 3662 pursuant to NGA § 3(c), 15 U.S.C. 717b(c). See Venture Global Calcasieu Pass, LLC, DOE/FE Order No. 3662, FE Docket No. 15-25-LNG, Order Granting Long-Term, Multi-Contract Authorization to Export Liquefied Natural Gas By Vessel from the Proposed Venture Global Calcasieu Pass LNG Project in Cameron Parish, Louisiana, to Free Trade Agreement Nations (June 17, 2015). Calcasieu Pass also holds two other long-term FTA export authorizations from DOE/FE, originally granted to Calcasieu Pass's predecessor, Venture Global LNG, LLC (Venture Global). In a notice issued on December 3, 2014, DOE/FE recognized that all rights and obligations under those orders transferred from Venture Global to Calcasieu Pass, following a corporate reorganization. See id. at 2-3.

    2 Specifically, Calcasieu Pass asserts that the requested volume represents the difference between the potential peak liquefaction output of the Project (620 Bcf/yr of natural gas) and the total export quantity of LNG sought in its two pending non-FTA export applications (collectively, 487.2 Bcf/yr of natural gas).

    Protests, motions to intervene, notices of intervention, and written comments are invited.

    DATES:

    Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed using procedures detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, August 28, 2015.

    ADDRESSES:

    Electronic Filing by email: [email protected].

    Regular Mail: U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, P.O. Box 44375, Washington, DC 20026-4375.

    Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Larine Moore or Marc Talbert, U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478; (202) 586-7991

    Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9793

    SUPPLEMENTARY INFORMATION: DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by law or policy. To the extent determined to be relevant, these issues will include the domestic need for the natural gas proposed to be exported, the adequacy of domestic natural gas supply, U.S. energy security, and the cumulative impact of the requested authorization and any other LNG export application(s) previously approved on domestic natural gas supply and demand fundamentals. DOE may also consider other factors bearing on the public interest, including the impact of the proposed exports on the U.S. economy (including GDP, consumers, and industry), job creation, the U.S. balance of trade, and international considerations; and whether the authorization is consistent with DOE's policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. Additionally, DOE will consider the following environmental documents:

    Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014); 3 and

    3 The Addendum and related documents are available at: http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.

    Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 2014).4

    4 The Life Cycle Greenhouse Gas Report is available at: http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.

    Parties that may oppose this Application should address these issues in their comments and/or protests, as well as other issues deemed relevant to the Application.

    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its environmental responsibilities.

    Public Comment Procedures

    In response to this Notice, any person may file a protest, comments, or a motion to intervene or notice of intervention, as applicable. Due to the complexity of the issues raised by the Applicant, interested persons will be provided 60 days from the date of publication of this Notice in which to submit comments, protests, motions to intervene, or notices of intervention.

    Any person wishing to become a party to the proceeding must file a motion to intervene or notice of intervention. The filing of comments or a protest with respect to the Application will not serve to make the commenter or protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the Application. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by the regulations in 10 CFR part 590.

    Filings may be submitted using one of the following methods: (1) Emailing the filing to [email protected], with FE Docket No. 15-25-LNG in the title line; (2) mailing an original and three paper copies of the filing to the Office of Oil and Gas Global Security and Supply at the address listed in ADDRESSES; or (3) hand delivering an original and three paper copies of the filing to the Office of Oil and Gas Global Supply at the address listed in ADDRESSES. All filings must include a reference to FE Docket No. 15-25-LNG. PLEASE NOTE: If submitting a filing via email, please include all related documents and attachments (e.g., exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner. Any hardcopy filing submitted greater in length than 50 pages must also include, at the time of the filing, a digital copy on disk of the entire submission.

    A decisional record on the Application will be developed through responses to this notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Opinion and Order may be issued based on the official record, including the Application and responses filed by parties pursuant to this notice, in accordance with 10 CFR 590.316.

    The Application is available for inspection and copying in the Division of Natural Gas Regulatory Activities docket room, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585. The docket room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The Application and any filed protests, motions to intervene or notice of interventions, and comments will also be available electronically by going to the following DOE/FE Web address: http://www.fe.doe.gov/programs/gasregulation/index.html.

    Issued in Washington, DC, on June 23, 2015. John A. Anderson, Director, Office of Oil and Gas Global Security and Supply, Office of Oil and Natural Gas.
    [FR Doc. 2015-15883 Filed 6-26-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY [FE Docket No. 14-206-LNG] Air Flow North America Corp.; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries AGENCY:

    Office of Fossil Energy, DOE.

    ACTION:

    Notice of application.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed by Air Flow North America Corp. (Air Flow), on December 16, 2014, and subsequently amended. In the Application, Air Flow requests long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) by use of approved ISO IMO7-TVAC-ASME LNG (ISO) containers transported on ocean-going carriers to any country located within South America, Central America, the Caribbean, or Africa with which the United States does not have a free trade agreement (FTA) that requires national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (non-FTA countries). Air Flow seeks authorization to export the LNG on its own behalf in a volume equivalent to approximately 0.67 billion cubic feet (Bcf) per year of natural gas, or 0.002 Bcf per day. Air Flow states that it will obtain its LNG supplies from Clean Energy Fuel Corp. (Clean Energy), and seeks authorization to export the LNG by vessel from Clean Energy's existing LNG production facility located in Willis, Texas, which Air Flow states has the capability to load LNG onto trucks and ISO containers.1 Air Flow states that the LNG would be loaded into its ISO containers; transported via trucks to a seaport in Houston, Texas; then exported by ocean-going cargo vessel from one or more ports in the Southeastern United States (including ports in Texas, Florida, and Louisiana). Air Flow also requests authorization to load at any other U.S. port that is now or in the future will be capable of loading ISO containers. Air Flow asks for the requested authorization to be effective on the date when the order is signed, and to extend until July 31, 2021.2 The Application was filed under section 3(a) of the Natural Gas Act (NGA). Additional details can be found in Air Flow's Application, posted on the DOE/FE Web site at: http://energy.gov/fe/downloads/air-flow-north-america-corp-fe-dkt-no-14-206-lng.

    1 In an amendment to the Application filed on May 28, 2015, Air Flow provided additional information about the Clean Energy facility in Willis, Texas (also known as the Pickens Plant). According to Air Flow, the facility, built in 1994, produces 100,000 gallons of LNG per day, and is able to store 1 million gallons of LNG on site. It has one loading rack, allowing one truck to be loaded with LNG at a time, and up to 12 trucks loaded with LNG per day. See Air Flow North America Corp., Amendment, FE Docket No. 14-206-LNG (May 28, 2015) [Second Amendment].

    2 Air Flow requested this authorization period in an amendment to the Application filed on April 30, 2015, to ensure that the Application accurately reflects Air Flow's contract with Clean Energy. It supersedes the authorization period requested in the Application. See Air Flow North America Corp., Amendment, FE Docket No. 14-206-LNG (April 30, 2015) [First Amendment].

    Protests, motions to intervene, notices of intervention, and written comments are invited.

    DATES:

    Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed using procedures detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, August 28, 2015.

    ADDRESSES:

    Electronic Filing by email: [email protected]

    Regular Mail: U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, P.O. Box 44375, Washington, DC 20026-4375.

    Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Larine Moore or Marc Talbert, U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478; (202) 586-7991.

    Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Ave. SW., Washington, DC 20585, (202) 586-9793.

    SUPPLEMENTARY INFORMATION:

    DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by law or policy. To the extent determined to be relevant, these issues will include the domestic need for the natural gas proposed to be exported, the adequacy of domestic natural gas supply, U.S. energy security, and the cumulative impact of the requested authorization and any other LNG export application(s) previously approved on domestic natural gas supply and demand fundamentals. DOE may also consider other factors bearing on the public interest, including the impact of the proposed exports on the U.S. economy (including GDP, consumers, and industry), job creation, the U.S. balance of trade, and international considerations; and whether the authorization is consistent with DOE's policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. Additionally, DOE will consider the following environmental document: Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014).3 Parties that may oppose this Application should address these issues in their comments and/or protests, as well as other issues deemed relevant to the Application.

    3 The Addendum and related documents are available at: http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.

    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its decisions. No final decision will be issued in this proceeding until DOE has met its environmental responsibilities.

    Public Comment Procedures

    In response to this Notice, any person may file a protest, comments, or a motion to intervene or notice of intervention, as applicable. Due to the complexity of the issues raised by the Applicant, interested persons will be provided 60 days from the date of publication of this Notice in which to submit comments, protests, motions to intervene, or notices of intervention.

    Any person wishing to become a party to the proceeding must file a motion to intervene or notice of intervention. The filing of comments or a protest with respect to the Application will not serve to make the commenter or protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the Application. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by the regulations in 10 CFR part 590.

    Filings may be submitted using one of the following methods: (1) Emailing the filing to [email protected], with FE Docket No. 14-206-LNG in the title line; (2) mailing an original and three paper copies of the filing to the Office of Oil and Gas Global Security and Supply at the address listed in ADDRESSES; or (3) hand delivering an original and three paper copies of the filing to the Office of Oil and Gas Global Supply at the address listed in ADDRESSES. All filings must include a reference to FE Docket No. 14-206-LNG. Please Note: If submitting a filing via email, please include all related documents and attachments (e.g., exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner. Any hardcopy filing submitted greater in length than 50 pages must also include, at the time of the filing, a digital copy on disk of the entire submission.

    A decisional record on the Application will be developed through responses to this notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Opinion and Order may be issued based on the official record, including the Application and responses filed by parties pursuant to this notice, in accordance with 10 CFR 590.316.

    The Application is available for inspection and copying in the Division of Natural Gas Regulatory Activities docket room, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585. The docket room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The Application and any filed protests, motions to intervene or notice of interventions, and comments will also be available electronically by going to the following DOE/FE Web address: http://www.fe.doe.gov/programs/gasregulation/index.html.

    Issued in Washington, DC, on June 23, 2015. John A. Anderson, Director, Office of Oil and Gas Global Security and Supply, Office of Oil and Natural Gas.
    [FR Doc. 2015-15882 Filed 6-26-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2492-013-Maine] Woodland Pulp LLC; Notice of Availability of Draft Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed the application for license for the Vanceboro Dam Storage Project, located on the East Branch of the St. Croix River Washington County, Maine, and has prepared a draft Environmental Assessment (EA) for the project. The project does not occupy any federal land.

    The draft EA contains the staff's analysis of the potential environmental impacts of the project and concludes that licensing the project, with appropriate environmental protective measures, would not constitute a major federal action that would significantly affect the quality of the human environment.

    A copy of the draft EA is on file with the Commission and is available for public inspection. The draft EA may also be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field, to access the document. For assistance, contact FERC Online Support at [email protected] or toll-free at 1-866-208-3676, or for TTY, (202) 502-8659. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    Any comments should be filed within 30 days from the date of this notice. Comments may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments.

    For assistance, please contact FERC Online Support. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-2492-013.

    FOR FURTHER INFORMATION CONTACT:

    Michael Watts at (202) 502-6123 or [email protected]

    Dated: June 22, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15876 Filed 6-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR15-29-000] Phillips 66 Carrier LLC; Notice of Petiton for Declaratory Order

    Take notice that on June 19, 2015, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2014), Phillips 66 Carrier LLC (Phillips 66) filed a petition requesting a declaratory order approving the overall tariff and service structure for the Cross-Channel Connector Project (The Project). The Project will reactivate, expand, and reconfigure existing assets to provide capacity to transport refined petroleum products across the Houston Ship Channel, which is part of the Port of Houston in Texas, all as more fully explained in the petition.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    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 St. NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for 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.

    Comment Date: 5:00 p.m. Eastern time on July 10, 2015.

    Dated: June 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15875 Filed 6-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR15-28-000] Kinder Morgan Cochin LLC., Notice of Petiton for Declaratory Order

    Take notice that on June 19, 2015, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2014), Kinder Morgan Cochin LLC (Kinder Morgan) filed a petition requesting a declaratory order approving the overall tariff and service structure for its proposed Utopia East system. The Utopia East system will transport ethane and ethane-propane mixtures from Harrison County, Ohio to the U.S.-Canada border near Detroit Michigan, to an interconnection with a Kinder Morgan affiliate, for ultimate delivery to Windsor, Ontario, all as more fully explained in the petition.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    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 St. NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for 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.

    Comment Date: 5:00 p.m. Eastern time on July 17, 2015.

    Dated: June 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15874 Filed 6-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-1952-000] Pavant Solar 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 Pavant Solar 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 July 13, 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 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15872 Filed 6-26-15; 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 rate filings:

    Docket Numbers: ER12-2250-001.

    Applicants: Public Power & Utility of New Jersey, LL.

    Description: Compliance filing per 35: Notice of Succession and Revised Market Based Rate Tariff to be effective 5/22/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5133.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER13-1928-005.

    Applicants: Duke Energy Progress, Inc., Duke Energy Carolinas, LLC.

    Description: Compliance filing per 35: Order No. 1000 Interregional—SERTP & MISO to be effective 1/1/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5071.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER13-1930-005.

    Applicants: Louisville Gas and Electric Company.

    Description: Compliance filing per 35: Order No 1000 Interregional Compliance Filing SERTP & MISO to be effective 1/1/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5137.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER13-1940-006.

    Applicants: Ohio Valley Electric Corporation.

    Description: Compliance filing per 35: M-2 Compliance Filing to be effective 1/1/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5155.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER13-1941-005.

    Applicants: Alabama Power Company.

    Description: Compliance filing per 35: Order No. 1000 Second Interregional Compliance Filing—SERTP-MISO Seam to be effective 1/1/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5149.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER14-1594-002; ER14-1596-002.

    Applicants: Lone Valley Solar Park I LLC, Lone Valley Solar Park II LLC.

    Description: Notice of Non-Material Change in Status of Lone Valley Solar Park I LLC, et. al.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5128.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1954-000.

    Applicants: UNS Electric, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Concurrence to Gila River Ownership Agreement to be effective 11/25/2014.

    Filed Date: 6/19/15.

    Accession Number: 20150619-5169.

    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1955-000.

    Applicants: UNS Electric, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Concurrence to Interconnection Agreement to be effective 11/11/2013.

    Filed Date: 6/19/15.

    Accession Number: 20150619-5171.

    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1956-000.

    Applicants: PJM Interconnection, L.L.C., Pennsylvania Electric Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Penelec submits Engineering & Construction Service Agreement No. 4154 to be effective 6/11/2015.

    Filed Date: 6/19/15.

    Accession Number: 20150619-5186.

    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1957-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Original Service Agreement No. 4157; Queue No. #V1-024/025 to be effective 5/21/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5076.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1958-000.

    Applicants: Dynegy Resources Management, LLC.

    Description: Baseline eTariff Filing per 35.1: Baseline Refile of Market-Based Rate Tariff to be effective 4/29/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5086.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1959-000.

    Applicants: New England Power Pool Participants Committee.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): June 22 2015 Membership Filing to be effective 6/23/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5126.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1960-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-06-22_SA 2447 ITC Transmission-Detroit Edison 1st Rev GIA (J122/J325) to be effective 6/23/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5141.

    Comments Due: 5 p.m. ET 7/13/15.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES15-36-000.

    Applicants: Golden Spread Electric Cooperative, Inc.

    Description: Application under Section 204 of the Federal Power Act for Authorization to Issue Securities of Golden Spread Electric Cooperative, Inc.

    Filed Date: 6/19/15.

    Accession Number: 20150619-5230.

    Comments Due: 5 p.m. ET 7/10/15.

    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 22, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15868 Filed 6-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. Cp15-514-000; Pf14-23-000] Columbia Gas Transmission, LLC; Notice of Application

    Take notice that on June 8, 2015, Columbia Gas Transmission, LLC (Columbia), 5151 San Felipe, Suite 2500, Houston, Texas 77056, filed an application under sections 7(c) and 7(b) of the Natural Gas Act and Part 157 of the Commission's regulations requesting authorization to install construct, operate and abandon certain natural gas pipeline facilities for its Leach Xpress project consisting of: (1) Two natural gas greenfield pipelines; (ii) two natural gas pipeline loops; (iii) the abandonment in place of a segment of one existing natural gas pipeline; (iv) the construction of three greenfield compressor stations; (v) the construction of three compressor units and the abandonment of one compressor unit at an existing compressor station; and (vi) various appurtenant and auxiliary facilities. The proposed Leach Xpress project's pipeline facilities would total approximately 160.5 miles of pipe and add approximately 143,000 horsepower of compression to transport up to 1.5 Billion cubic feet per day of natural gas. Facilities to be constructed are located in Marshall and Wayne Counties, West Virginia, Greene County, Pennsylvania, and Monroe, Noble, Muskingum, Morgan, Perry Fairfield, Hocking, Jackson, Lawrence and Vinton Counties, Ohio, all as more fully described in the application.

    The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC at [email protected] or toll free at (866) 208-3676, or TTY, (202) 502-8659.

    Any questions regarding the proposed project should be directed to Tyler R. Brown, Senior Counsel, Columbia Gas Transmission, LLC, 5151 San Felipe, Suite 2500, Houston, Texas 77056; telephone: 713-386-3797.

    On October 9, 2014, the Commission staff granted Columbia's request to utilize the National Environmental Policy Act (NEPA) Pre-Filing Process and assigned Docket No. PF14-23-000 to staff activities involving the project. Now, as of the filing of this application on June 8, 2015, the NEPA Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP15-514-000, as noted in the caption of this Notice.

    It appears that an expansion project which Columbia indicates may be proposed by its affiliate, Columbia Gulf Transmission, LLC, in the fall of 2015, the Rayne Xpress Certificated Capacity Increase Project (Rayne Express) may have some connection to Columbia's Leach Xpress Project. Until the details of the Rayne Xpress project are filed and more fully understood, the Commission cannot begin preparation of the Environmental Impact Statement (EIS) to comply with the NEPA of 1969. Within 90 days after the Commission issues a Notice of Application for the Rayne Xpress project, the Commission staff will issue a Notice of Schedule for Environmental Review that will indicate the anticipated date for the Commission's staff issuance of the final EIS analyzing both the Leach Xpress and Rayne XPress proposals. The issuance of a Notice of Schedule for Environmental Review will also serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's final EIS.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: July 13, 2015.

    Dated: June 22, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15870 Filed 6-26-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG15-98-000.

    Applicants: North Star Solar, LLC.

    Description: Self-Certification of EG or FC of North Star Solar, LLC.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5076.

    Comments Due: 5 p.m. ET 7/14/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2331-031; ER14-630-008; ER10-2326-029; ER10-2330-030.

    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power LLC, Cedar Brakes I, L.L.C., Utility Contract Funding, L.L.C.

    Description: Updated market power analysis for the Central Region of the JPMorgan Sellers.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5061.

    Comments Due: 5 p.m. ET 8/24/15.

    Docket Numbers: ER13-1371-001.

    Applicants: GP Big Island, LLC.

    Description: Compliance filing per 35: compliance to 8202016 to be effective 6/24/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5007.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER13-1923-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-06-22_MISO_SERTP Order 1000 Compliance to be effective 1/1/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5185.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1841-001.

    Applicants: Panda Liberty LLC.

    Description: Tariff Amendment per 35.17(b): Supplement to Market-Based Rate Application to be effective 7/17/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5195.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1905-001.

    Applicants: AZ721 LLC.

    Description: Tariff Amendment per 35.17(b): Amendment to Market Based Rate to be effective 8/11/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5177.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1961-000.

    Applicants: L'Anse Warden Electric Company.

    Description: Tariff Withdrawal per 35.15: Notice of Cancellation to be effective 6/23/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5188.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1962-000.

    Applicants: 67RK 8me LLC.

    Description: Initial rate filing per 35.12 SFA to be effective 7/16/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5194.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1963-000.

    Applicants: 65HK 8me LLC.

    Description: Initial rate filing per 35.12 SFA to be effective 7/16/2015.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5199.

    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1964-000.

    Applicants: 87RL 8me LLC.

    Description: Initial rate filing per 35.12 SFA to be effective 7/16/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5001.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1965-000.

    Applicants: Southwest Power Pool, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 1276R8 KCP&L NITSA NOA and Cancellation of 1765R11 KCPL-GMO to be effective 6/1/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5039.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1966-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Revisions to OATT Att K-Appendix and OA Schedule 1 re Lost Opportunity Cost to be effective 9/1/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5102.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1967-000.

    Applicants: Renaissance Power, L.L.C.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Reactive Rate Filing to be effective 1/21/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5106.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1968-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-06-23_SA 2707 NSP-Odell Wind Farm 2nd Rev GIA (G826) to be effective 6/24/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5111.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1969-000.

    Applicants: NorthWestern Corporation.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Revised Rate Schedule 188—Colstrip 1 and 2 Transmission Agreement to be effective 9/1/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5112.

    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1970-000.

    Applicants: San Diego Gas & Electric Company.

    Description: Initial rate filing per 35.12 System Impact Study Agreement, Service Agreement No. 51 to be effective 6/24/2015.

    Filed Date: 6/23/15.

    Accession Number: 20150623-5133.

    Comments Due: 5 p.m. ET 7/14/15.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES15-37-000.

    Applicants: Michigan Electric Transmission Company, LLC.

    Description: Application under Section 204 of Michigan Electric Transmission Company, LLC.

    Filed Date: 6/22/15.

    Accession Number: 20150622-5200.

    Comments Due: 5 p.m. ET 7/13/15.

    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 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15869 Filed 6-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-516-000] El Paso Natural Gas Company, L.L.C.; Notice of Application

    Take notice that on June 11, 2015, El Paso Natural Gas Company, L.L.C. (El Paso), filed an application pursuant to section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's Regulations, for a certificate of public convenience and necessity to increase the certificated maximum reservoir pressure at its Washington Ranch Storage Field, located in Eddy County, New Mexico. This proposed higher pressure will increase operational flexibility and allow El Paso to more fully use the existing certificated capacity of Washington Ranch. Further, El Paso is not proposing to change any other certificated physical parameters of its storage field and this proposal will not require any physical modifications to the Washington Ranch storage field facilities. The filing may be viewed on the Web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding this application should be directed to Francisco Tarin, Director, Regulatory Affairs Department, El Paso Natural Gas Company, L.L.C., P.O. Box 1087, Colorado Springs, Colorado 90944, call at (719) 667-7517, or email [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 5 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    Motions to intervene, protests and comments may be filed electronically via the Internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings.

    Comment Date: July 13, 2015.

    Dated: June 22, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15871 Filed 6-26-15; 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 meeting related to the transmission planning activities of NorthWestern Corporation, Deseret Generation & Transmission Cooperative, Inc., Portland General Electric Company, Idaho Power Company, and PacifiCorp:

    Northern Tier Transmission Group Quarter 6 Stakeholder Meeting June 30, 2015, 10:30 a.m.-2:30 p.m. (MDT)

    The above-referenced meeting will be held at: Boise Airport Conference Center, 3201 Airport Way #1000, Boise, ID 83705.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at http://www.nttg.biz/site/.

    The discussions at the meeting described above may address matters at issue in the following proceedings:

    Docket No. ER13-1448, NorthWestern Corporation Docket No. ER13-1457, Deseret Generation & Transmission Cooperative, Inc. Docket No. ER13-1463, Portland General Electric Company Docket No. ER13-1467, Idaho Power Company Docket No. ER13-1473, PacifiCorp

    For more information, contact Natalie Propst, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8896 or [email protected]

    Dated: June 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-15873 Filed 6-26-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0064; FRL-9929-77-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Steel Pickling, HCl Process Facilities and Hydrochloric Acid Regeneration Plants (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Steel Pickling, HCl Process Facilities and Hydrochloric Acid Regeneration Plants (40 CFR part 63, subpart CCC) (Renewal)” (EPA ICR No. 1821.08, OMB Control No. 2060-0419) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through June 30, 2015. Public comments were previously requested via the Federal Register (79 FR 30117) on May 27, 2014 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before July 29, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0064, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: This rule applies to all facilities that pickle steel using hydrochloric acid or regenerate hydrochloric acid, and are major sources or are part of a facility that is a major source.

    In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP.

    Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.

    Form Numbers: None.

    Respondents/affected entities: Steel pickling, hydrochloric acid process and regeneration facilities.

    Respondent's obligation to respond: Mandatory.

    Estimated number of respondents: 100 (total).

    Frequency of response: Initially, occasionally and semiannually.

    Total estimated burden: 35,100 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $3,530,000 (per year), includes $10,600 annualized capital or operation & maintenance costs.

    Changes in the Estimates: The increase in burden and cost from the most recently approved ICR is due to an adjustment. It is not due to any program changes. During the 2012 RTR, EPA did not add additional requirements, other than reporting performance test results through the WebFIRE interface if the test methods used are those supported by the Electronic Reporting Tool (ERT). However, we updated the estimated number of average number of respondents subject to Subpart CCC from 72 to 100. The increase in the number of facilities results in an overall increase in the respondent and Agency burden and in O&M costs.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-15796 Filed 6-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2014-0135; FRL-9929-85-OW] Final Updated Ambient Water Quality Criteria for the Protection of Human Health AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of availability.

    SUMMARY:

    The Environmental Protection Agency (EPA) announces the final updated recommended ambient water quality criteria for the protection of human health for ninety-four chemical pollutants to reflect the latest scientific information and implementation of existing EPA policies found in Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000). The EPA issued the draft updated human health criteria on May 13, 2014 and accepted written views from the public until August 13, 2014. The EPA prepared responses to those public comments. The EPA's recommended ambient water quality criteria for the protection of human health provide technical information for states and authorized tribes to establish water quality standards (i.e., criteria) to protect human health under the Clean Water Act. These final 2015 updated section 304(a) human health criteria recommendations supersede EPA's previous recommendations.

    FOR FURTHER INFORMATION CONTACT:

    Jamie Strong, Office of Water, Health and Ecological Criteria Division (4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 566-0056; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. How can I get copies of this document and other related information?

    1. Docket. EPA has established a docket for this action under Docket ID No. EPA-HQ-OW-2014-0135; FRL-9929-85-OW. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Water Docket is (202) 566-2426.

    2. Electronic Access. You may access this Federal Register document electronically from the Government Publishing Office under the “Federal Register” listings at FDSys (http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR). EPA's final criteria documents for the ninety-four chemical pollutants, the response to views from the public on the draft criteria, and supporting information are also available on EPA's Web site http://water.epa.gov/scitech/swguidance/standards/criteria/health/.

    II. What are EPA's recommended water quality criteria?

    EPA's recommended water quality criteria are scientifically derived numeric values that EPA determines will generally protect aquatic life or human health from the adverse effects of pollutants in ambient water.

    Section 304(a)(1) of the Clean Water Act (CWA) requires EPA to develop and publish and, from time to time, revise criteria for protection of water quality and human health that accurately reflect the latest scientific knowledge. Water quality criteria developed under section 304(a) are based solely on data and scientific judgments on the relationship between pollutant concentrations and environmental and human health effects. Section 304(a) criteria do not reflect consideration of economic impacts or the technological feasibility of meeting pollutant concentrations in ambient water.

    EPA's recommended Section 304(a) criteria provide technical information for states and authorized tribes to consider and use in adopting water quality standards that ultimately provide the basis for assessing water body health and controlling discharges of pollutants into waters of the United States. Under the CWA and its implementing regulations, states and authorized tribes are required to adopt water quality criteria to protect designated uses (e.g., public water supply, aquatic life, recreational use, or industrial use) and that are based on sound scientific rationale. EPA's recommended criteria do not substitute for the CWA or regulations, nor are they regulations themselves. Thus, EPA's recommended criteria do not impose legally binding requirements. States and authorized tribes have the discretion to adopt, where appropriate, other scientifically defensible water quality criteria that differ from these recommendations. Ultimately, however, such criteria must protect the designated use and be based on sound scientific rationale.

    III. Information on EPA's 2015 final updated human health criteria

    EPA announces the availability of final updated national recommended water quality criteria for the protection of human health for ninety-four chemical pollutants. These revisions are based on EPA's existing methodology for deriving human health criteria in Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000) (EPA-822-B-00-004, October 2000). The methodology describes EPA's approach for deriving national recommended water quality criteria for the protection of human health. Table 1 presents the updated human health criteria for ninety-four chemical pollutants.

    Table 1—Revised Human Health Water Quality Criteria Pollutant CAS No. Human health water quality
  • criteria for the consumption of
  • Water +
  • organism
  • (μg/L)
  • Organism
  • only
  • (μg/L)
  • 1,1,1-Trichloroethane 71-55-6 10,000 200,000 1,1,2,2-Tetrachloroethane 79-34-5 0.2 3 1,1,2-Trichloroethane 79-00-5 0.55 8.9 1,1-Dichloroethylene 75-35-4 300 20,000 1,2,4,5-Tetrachlorobenzene 95-94-3 0.03 0.03 1,2,4-Trichlorobenzene 120-82-1 0.071 0.076 1,2-Dichlorobenzene 95-50-1 1,000 3,000 1,2-Dichloroethane 107-06-2 9.9 650 1,2-Dichloropropane 78-87-5 0.90 31 1,2-Diphenylhydrazine 122-66-7 0.03 0.2 1,3-Dichlorobenzene 541-73-1 7 10 1,3-Dichloropropene 542-75-6 0.27 12 1,4-Dichlorobenzene 106-46-7 300 900 2,4,5-Trichlorophenol 95-95-4 300 600 2,4,6-Trichlorophenol 88-06-2 1.5 2.8 2,4-Dichlorophenol 120-83-2 10 60 2,4-Dimethylphenol 105-67-9 100 3,000 2,4-Dinitrophenol 51-28-5 10 300 2,4-Dinitrotoluene 121-14-2 0.049 1.7 2-Chloronaphthalene 91-58-7 800 1,000 2-Chlorophenol 95-57-8 30 800 2-Methyl-4,6-Dinitrophenol 534-52-1 2 30 3,3′-Dichlorobenzidine 91-94-1 0.049 0.15 3-Methyl-4-Chlorophenol 59-50-7 500 2,000 Acenaphthene 83-32-9 70 90 Acrolein 107-02-8 3 400 Acrylonitrile 107-13-1 0.061 7.0 Aldrin 309-00-2 0.00000077 0.00000077 alpha-Hexachlorocyclohexane (HCH) 319-84-6 0.00036 0.00039 alpha-Endosulfan 959-98-8 20 30 Anthracene 120-12-7 300 400 Benzene 71-43-2 0.58-2.1 16-58 Benzidine 92-87-5 0.00014 0.011 Benzo(a)anthracene 56-55-3 0.0012 0.0013 Benzo(a)pyrene 50-32-8 0.00012 0.00013 Benzo(b)fluoranthene 205-99-2 0.0012 0.0013 Benzo(k)fluoranthene 207-08-9 0.012 0.013 beta-Hexachlorocyclohexane (HCH) 319-85-7 0.0080 0.014 beta-Endosulfan 33213-65-9 20 40 Bis(2-Chloro-1-Methylethyl) Ether 108-60-1 200 4,000 Bis(2-Chloroethyl) Ether 111-44-4 0.030 2.2 Bis(2-Ethylhexyl) Phthalate 117-81-7 0.32 0.37 Bis(Chloromethyl) Ether 542-88-1 0.00015 0.017 Bromoform 75-25-2 7.0 120 Butylbenzyl Phthalate 85-68-7 0.10 0.10 Carbon Tetrachloride 56-23-5 0.4 5 Chlordane 57-74-9 0.00031 0.00032 Chlorobenzene 108-90-7 100 800 Chlorodibromomethane 124-48-1 0.80 21 Chloroform 67-66-3 60 2,000 Chlorophenoxy Herbicide (2,4-D) 94-75-7 1,300 12,000 Chlorophenoxy Herbicide (2,4,5-TP) [Silvex] 93-72-1 100 400 Chrysene 218-01-9 0.12 0.13 Cyanide 57-12-5 4 400 Dibenzo(a,h)anthracene 53-70-3 0.00012 0.00013 Dichlorobromomethane 75-27-4 0.95 27 Dieldrin 60-57-1 0.0000012 0.0000012 Diethyl Phthalate 84-66-2 600 600 Dimethyl Phthalate 131-11-3 2,000 2,000 Di-n-Butyl Phthalate 84-74-2 20 30 Dinitrophenols 25550-58-7 10 1,000 Endosulfan Sulfate 1031-07-8 20 40 Endrin 72-20-8 0.03 0.03 Endrin Aldehyde 7421-93-4 1 1 Ethylbenzene 100-41-4 68 130 Fluoranthene 206-44-0 20 20 Fluorene 86-73-7 50 70 gamma-Hexachlorocyclohexane (HCH) 58-89-9 4.2 4.4 Heptachlor 76-44-8 0.0000059 0.0000059 Heptachlor Epoxide 1024-57-3 0.000032 0.000032 Hexachlorobenzene 118-74-1 0.000079 0.000079 Hexachlorobutadiene 87-68-3 0.01 0.01 Hexachlorocyclohexane (HCH)-Technical 608-73-1 0.0066 0.010 Hexachlorocyclopentadiene 77-47-4 4 4 Hexachloroethane 67-72-1 0.1 0.1 Indeno(1,2,3-cd)pyrene 193-39-5 0.0012 0.0013 Isophorone 78-59-1 34 1,800 Methoxychlor 72-43-5 0.02 0.02 Methyl Bromide 74-83-9 100 10,000 Methylene Chloride 75-09-2 20 1,000 Nitrobenzene 98-95-3 10 600 Pentachlorobenzene 608-93-5 0.1 0.1 Pentachlorophenol 87-86-5 0.03 0.04 Phenol 108-95-2 4,000 300,000 p,p′-Dichlorodiphenyldichloroethane (DDD) 72-54-8 0.00012 0.00012 p,p′-Dichlorodiphenyldichloroethylene (DDE) 72-55-9 0.000018 0.000018 p,p′-Dichlorodiphenyltrichloroethane (DDT) 50-29-3 0.000030 0.000030 Pyrene 129-00-0 20 30 Tetrachloroethylene (Perchloroethylene) 127-18-4 10 29 Toluene 108-88-3 57 520 Toxaphene 8001-35-2 0.00070 0.00071 trans-1,2-Dichloroethylene (DCE) 156-60-5 100 4,000 Trichloroethylene (TCE) 79-01-6 0.6 7 Vinyl Chloride 75-01-4 0.022 1.6

    The revision of these criteria is a systematic update of EPA's national recommended human health criteria. EPA previously described its process for publishing revised criteria [see National Recommended Water Quality Criteria—Correction (64 FR 19781; or EPA-822-Z-99-001) or the Federal Register Notice for EPA's 2000 Methodology (65 FR 66444)]. EPA updated the human health criteria using externally peer-reviewed information sources.

    On May 13, 2014, EPA announced the availability of the draft updated human health criteria in the Federal Register notice “Updated National Recommended Water Quality Criteria for the Protection of Human Health” (79 FR 27303) and announced that written views would be accepted from the public until July 14, 2014. In response to stakeholder requests, on June 23, 2014, EPA announced in the Federal Register (79 FR 35545) an extension of the public comment period for an additional 30 days, until August 13, 2014. EPA reviewed and considered all public comments received and prepared responses to those comments.

    EPA developed chemical-specific science documents for each of the ninety-four chemical pollutants. These documents detail the latest scientific information supporting the final human health criteria, particularly the updated toxicity and exposure input values. A fact sheet and a summary of updated input parameters (e.g., health toxicity values, bioaccumulation factors) used to derive the final updated criteria are provided. All these documents, including EPA's responses to views received during the comment period, are available on EPA's Web site at http://water.epa.gov/scitech/swguidance/standards/criteria/health/.

    IV. What is the relationship between EPA's 2015 final updated human health criteria and state or tribal water quality standards?

    Section 303(a)-(c) of the CWA requires states and authorized tribes to adopt water quality standards for their waters. As part of the water quality standards triennial review process set forth in section 303(c) of the CWA, states and authorized tribes are required to review and revise, if appropriate, their water quality standards at least once every three years.

    States and authorized tribes must adopt water quality criteria that protect designated uses. 40 CFR 131.11(a)(1). Criteria must be based on a sound scientific rationale and contain sufficient parameters or constituents to protect the designated uses. Id. Criteria may be expressed in either narrative or numeric form. EPA's regulations provide that states and authorized tribes should adopt numeric water quality criteria based on:

    (1) EPA's recommended section 304(a) criteria; or

    (2) EPA's recommended section 304(a) criteria modified to reflect site-specific conditions; or

    (3) Other scientifically defensible methods. (40 CFR 131.11(b)).

    It is important for states and authorized tribes to consider any new or updated section 304(a) recommended criteria as part of their triennial review process to ensure that state or tribal water quality criteria reflect sound science and protect applicable designated uses. EPA recently proposed revisions to its water quality standards regulations that would, if finalized without substantive change, require states during their triennial reviews to consider new or updated section 304(a) recommended criteria and, if they do not adopt new or revised criteria for such pollutants, provide an explanation to EPA and the public as to why the state did not do so. These final updated section 304(a) human health criteria recommendations supersede EPA's previous recommendations.

    Dated: June 22, 2015. Kenneth J. Kopocis, Deputy Assistant Administrator, Office of Water.
    [FR Doc. 2015-15912 Filed 6-26-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice June 25, 2015. TIME AND DATE:

    10:00 a.m., Thursday, July 9, 2015.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor v. Newtown Energy, Inc., Docket No. WEVA 2011-283 (Issues include whether the Administrative Law Judge erred by concluding that the violation in question was not significant and substantial and was not the result of an unwarrantable failure to comply.).

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    Sarah Stewart, Deputy General Counsel.
    [FR Doc. 2015-16049 Filed 6-25-15; 4:15 pm] BILLING CODE 6735-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than July 8, 2015.

    A. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:

    1. Bobbi Lynn Blanton-Wilson, Bronston, Kentucky; to join the previously approved Wilson family control group and acting in concert with the group, to control more than 10 percent of First Bancorp, Inc., and thereby control the Frist National Bank of Russell Springs, both of Russell Springs, Kentucky. The Wilson family control group consists of Ms. Blanton-Wilson, James Terill Wilson, Bronston, Kentucky; James T. Wilson, Jr., Sarah Wilson, James Terill Wilson IRA, James T. Wilson, Jr. Trust, Sarah Wilson Trust, James T. Wilson, Jr. Investment Trust, Sarah Wilson Investment Trust, all of Bronston, Kentucky, and Terry S. Wilson, Russell Springs, Kentucky.

    Board of Governors of the Federal Reserve System, June 19, 2015. Michael J. Lewandowski, Assistant Secretary of the Board.
    [FR Doc. 2015-15830 Filed 6-26-15; 8:45 am] BILLING CODE 6210-01-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 14, 2015.

    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:

    1. Athens Bancshares Corporation, Athens, Tennessee; a savings and loan holding company, to become a bank holding company upon the conversion of its savings and loan subsidiary, Athens Federal Community Bank, Athens, Tennessee, to a commercial bank.

    Board of Governors of the Federal Reserve System, June 18, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-15829 Filed 6-26-15; 8:45 am] BILLING CODE 6210-01-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 23, 2015.

    A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. Olympic Bancorp, Inc., Port Orchard, Washington; to merge with Puget Sound Financial Services, Inc., and thereby indirectly acquire Fife Commercial Bank, both of Fife, Washington.

    Board of Governors of the Federal Reserve System, June 23, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-15798 Filed 6-26-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than July 13, 2015.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Gerald Lee Reiter, New London, Stanley Glenn Lilleberg, Atwater; Keith Gerard Bangasser, Spicer; Andrew Joseph Steil, St. Cloud, Dennis Alvin Kamstra Nisswa, Joseph Leo Reiter, Willmar; Kristen Janet Nelson, Spicer; and Thomas J. Nelson, Woodbury, all of Minnesota as a group acting in concert to acquire voting common stock of First BancShares, Inc. of Cold Spring, Cold Spring, MN (“Company”), and thereby indirectly acquire control of Granite Community Bank, Cold Spring, Minnesota. In addition, Gerald Lee Reiter and Stanley Glenn Lilleberg; each intend to individually acquire voting common stock of Company.

    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. David J. Warnemunde and David D. Warnemunde, both of Madison, Nebraska; as members of the Warnemunde family group acting in concert, to acquire control of Madison County Financial, Inc., parent of Madison County Bank, both in Madison, Nebraska.

    Board of Governors of the Federal Reserve System, June 23, 2015.

    Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-15799 Filed 6-26-15; 8:45 am] BILLING CODE 6210-01-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 24, 2015.

    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:

    1. Hamilton State Bancshares, Inc., Hoschton, Georgia; to merge with Highland Financial Services, Inc., and thereby indirectly acquire Highland Commercial Bank, both in Marietta, Georgia.

    Board of Governors of the Federal Reserve System, June 24, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-15839 Filed 6-26-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB AGENCY:

    Board of Governors of the Federal Reserve System.

    SUMMARY:

    Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements, and approved collection of information instrument(s) are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    FOR FURTHER INFORMATION CONTACT:

    Federal Reserve Board Clearance Officer, Nuha Elmaghrabi, 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.

    OMB Desk Officer, Shagufta Ahmed, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW.,Washington, DC 20503.

    Final approval under OMB delegated authority of the extension for three years, without revision, of the following reports:

    1. Report title: Recordkeeping Requirements Associated with Changes in Foreign Investments (Made Pursuant to Regulation K).

    Agency form number: FR 2064.

    OMB Control number: 7100-0109.

    Frequency: On-occasion.

    Reporters: State member banks, Edge Act and agreement corporations, and bank holding companies.

    Estimated annual reporting hours: 160 hours.

    Estimated average hours per response: 2 hours.

    Number of respondents: 20.

    General description of report: The recordkeeping requirements of this information collection are mandatory under section 5(c) of the BHC Act (12 U.S.C. 1844(c)); sections 7 and 13(a) of the International Banking Act of 1978 (12 U.S.C. 3105 and 3108(a)); section 25 of the Federal Reserve Act (FRA) (12 U.S.C. 601-604a); section 25A of the FRA (12 U.S.C. 611-631); and Regulation K (12 CFR 211.8(c)-211.10(a)). Since the Federal Reserve does not collect any records, no issue of confidentiality under the Freedom of Information Act (FOIA) arises. FOIA will only be implicated if the Federal Reserve's examiners retain a copy of the records in their examination or supervision of the institution, and would be exempt from disclosure pursuant to FOIA (5 U.S.C. 552(b)(4), (b)(6), and (b)(8)).

    Abstract: Internationally active U.S banking organizations are required to maintain adequate internal records that demonstrate compliance with the investment provisions contained in subpart A of International Banking Operations (Regulation K). For each investment made under subpart A of Regulation K, internal records should be maintained regarding the type of investment, for example, equity (voting shares, nonvoting shares, partnerships, interests conferring ownership rights, participating loans), binding commitments, capital contributions, and subordinated debt; the amount of the investment; the percentage ownership; activities conducted by the company and the legal authority for such activities; and whether the investment was made under general consent, prior notice, or specific consent authority. With respect to investments made under general consent authority, information also must be maintained that demonstrates compliance with the various limits set out in section 211.9 of Regulation K.

    2. Report title: Microeconomic Survey.

    Agency form number: FR 3051.

    OMB control number: 7100-0321.

    Frequency: Annually and monthly, as needed.

    Reporters: Individuals, households, and financial and non-financial businesses.

    Estimated annual reporting hours: Annual survey, 6,000 hours; Monthly survey, 18,000 hours.

    Estimated average hours per response: Annual survey, 60 minutes; Monthly survey, 30 minutes.

    Number of respondents: Annual survey, 6,000; Monthly survey, 3,000.

    General description of report: This information collection is voluntary and is authorized by sections 2A and 12A of the Federal Reserve Act (12 U.S.C. 225A and 263). If needed, the Federal Reserve can make this survey mandatory for Federal Reserve regulated institutions under section 9 of the Federal Reserve Act (12 U.S.C. 324) for state member banks; section 5(c) of the Bank Holding Company Act (12 U.S.C. 1844(c)) for bank holding companies and their subsidiaries; sections 25 and 25(A) of the Federal Reserve Act (12 U.S.C. 602 and 625) for Edge and agreement corporations; and section 7(c)(2) of the International Banking Act of 1978 (12 U.S.C. 3105(c)(2)) for U.S. branches and agencies of foreign banks.

    If the FR 3051 survey information is collected with a pledge of confidentiality for exclusively statistical purposes under Confidential Information Protection and Statistical Efficiency Act (CIPSEA), the information may not be disclosed by the Federal Reserve (or its contractor) in identifiable form, except with the informed consent of the respondent (CIPSEA 512(b), codified in notes to 44 U.S.C. 3501). Such information is therefore protected from disclosure under exemption 3 of the Freedom of Information Act (FOIA) (5 U.S.C. 552(b)(3)). If a CIPSEA pledge is made, either by the Federal Reserve or by its contractor, the Federal Reserve must safeguard the information as required by CIPSEA and OMB guidance.

    If the FR 3051 survey information is not being collected under CIPSEA, the ability of the Federal Reserve to maintain the confidentiality of information provided by respondents will have to be determined on a case-by-case basis and depends on the type of information provided for a particular survey. In circumstances where identifying information is provided to the Federal Reserve, such information could possibly be protected from disclosure by FOIA exemptions 4 and 6.

    Abstract: The Federal Reserve implemented this event-driven survey in 2009 and uses it to obtain information specifically tailored to the Federal Reserve's supervisory, regulatory, operational, and other responsibilities. The Federal Reserve can conduct the FR 3051 up to 13 times per year (annual survey and another survey on a monthly basis). The frequency and content of the questions depend on changing economic, regulatory, or legislative developments.

    3. Report title: Recordkeeping and Disclosure Provisions associated with Stress Testing Guidance.

    Agency form number: FR 4202.

    OMB control number: 7100-0348.

    Frequency: On-occasion.

    Reporters: State member banks, bank holding companies, and all other institutions for which the Federal Reserve is the primary federal supervisor.

    Estimated annual reporting hours: Recordkeeping, 18,000 hours; Disclosure, 8,000 hours.

    Estimated average hours per response: Recordkeeping, 180 hours; Disclosure, 80 hours.

    Number of respondents: Recordkeeping, 100; Disclosure, 100.

    General description of report: This information collection is voluntary and is authorized pursuant to sections 11(a), 11(i), 25, and 25A of the Federal Reserve Act (12 U.S.C. 248(a), 248(i), 602, and 611), section 5 of the Bank Holding Company Act (12 U.S.C. 1844), and section 7(c) of the International Banking Act (12 U.S.C. 3105(c)). To the extent the Federal Reserve collects information during an examination of a banking organization, confidential treatment may be afforded to the records under exemptions 4 and 8 of the Freedom of Information Act (FOIA) (5 U.S.C. 552(b)(4) and (8)).

    Abstract: The interagency guidance outlines high-level principles for stress testing practices, applicable to all Federal Reserve-supervised, FDIC-supervised, and OCC-supervised banking organizations 1 with more than $10 billion in total consolidated assets. In developing a stress testing framework and in carrying out stress tests, banking organizations 2 should understand and clearly document all assumptions, uncertainties, and limitations, and provide that information to users of the stress testing results. To ensure proper governance over the stress testing framework, banking organizations should develop and maintain written policies and procedures.

    1 The agencies that were party to the rulemaking were the Office of the Comptroller of the Currency (OCC); Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC).

    2 For purposes of this guidance, the term “banking organization” means national banks and Federal branches and agencies supervised by the OCC; state member banks, bank holding companies, and all other institutions for which the Federal Reserve is the primary federal supervisor; and state nonmember insured banks and other institutions supervised by the FDIC.

    Board of Governors of the Federal Reserve System, June 24, 2015. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2015-15843 Filed 6-26-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-15-15PI] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate 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) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) 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 or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    Extended Evaluation of the National Tobacco Prevention and Control Public Education Campaign—New—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    In 2012, the Centers for Disease Control and Prevention (CDC) launched the first federally funded, national mass media campaign to educate consumers about the adverse health consequences of tobacco use (the National Tobacco Prevention and Control Public Education Campaign, or “The Campaign”). The Campaign continued in 2013 and 2014 with advertisements known as “Tips From Former Smokers.” Activities for Phase 3 of the campaign are ongoing. To assess the impact of The Campaign in Phases 1-3, CDC obtained OMB approval to conduct a series of longitudinal surveys for smokers and nonsmokers (OMB No. 0920-0923, exp. 3/31/2017).

    New media activities for Phase 4 of The Campaign launched in March 2015. To support evaluation of Phase 4 of The Campaign, CDC plans to field 4 new waves of information collection. The surveys will be fielded in English and Spanish and will occur during late 2015 and throughout 2016. Once enrolled in the first wave of data collection, all participants will be re-contacted for follow-up.

    The sample for the data collection will originate from two sources: (1) An online longitudinal cohort of smokers and nonsmokers, sampled randomly from postal mailing addresses in the United States (address-based sample, or ABS); and (2) the existing GfK KnowledgePanel, an established long-term online panel of U.S. adults. The ABS-sourced longitudinal cohort will consist of smokers and nonsmokers who have not previously participated in any established online panels to reduce potential panel conditioning bias from previous participation. The new cohort will be recruited by GfK, utilizing similar recruitment methods that are used in the recruitment of KnowledgePanel. The GfK KnowledgePanel will be used in combination with the new ABS-sourced cohort to support larger sample sizes that will allow for more in-depth subgroup analysis, which is a key objective for CDC. All online surveys, regardless of sample source, will be conducted via the GfK KnowledgePanel Web portal for self-administered surveys.

    Information will be collected through Web surveys to be self-administered on computers in the respondent's home or in another convenient location. Information will be collected about smokers' and nonsmokers' awareness of and exposure to specific campaign advertisements; knowledge, attitudes, beliefs related to smoking and secondhand smoke; and other marketing exposure. The surveys will also measure behaviors related to smoking cessation (among the smokers in the sample) and behaviors related to nonsmokers' encouragement of smokers to quit smoking, recommendations of cessation services, and attitudes about other tobacco and nicotine products.

    It is important to evaluate The Campaign in a context that assesses the dynamic nature of tobacco product marketing and uptake of various tobacco products, particularly since these may affect successful cessation rates. Survey instruments may be updated to include new or revised items on relevant topics, including cigars, noncombustible tobacco products, and other emerging trends in tobacco use.

    Participation is voluntary and there are no costs to respondents other than their time. The total estimated annualized burden hours are 15,584.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • General Population Screening & Consent Questionnaire 25,000 1 5/60 Adults Smokers and Nonsmokers, ages 18-54, in the United States Smoker Survey (Wave A)
  • Smoker Survey (Wave B)
  • 6,500
  • 4,000
  • 1
  • 1
  • 30/60
  • 30/60
  • Smoker Survey (Wave C) 4,000 1 30/60 Smoker Survey (Wave D) 4,000 1 30/60 Nonsmoker Survey (Wave A) 2,500 1 30/60 Nonsmoker Survey (Wave B) 2,000 1 30/60 Nonsmoker Survey (Wave C) 2,000 1 30/60 Nonsmoker Survey (Wave D) 2,000 1 30/60
    Leroy 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. 2015-15831 Filed 6-26-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-15-15UX] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate 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) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) 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 or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    Surveillance Data Collections for Ebola Virus Disease in West Africa—New—National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The outbreak of Ebola virus disease (EVD) in West Africa began March 10, 2014. The initial cases were from southern Guinea, near its rural border with Liberia and Sierra Leone. Highly mobile populations contributed to increasing waves of person-to-person transmission of EVD that occurred in multiple countries in West Africa. The Centers for Disease Control and Prevention (CDC) Emergency Operations Center (EOC) was activated on July 9, 2014, to help coordinate technical assistance and control activities and to deploy teams of public health experts to the affected countries. CDC established key public health surveillance and medical treatment objectives in collaboration with West African Ministries of Health, the World Health Organization (WHO), and other key partners.

    CDC information collections for EVD case and contact surveillance were previously approved under “2014 Emergency Response to Ebola in West Africa” (OMB Control No. 0920-1033, expiration date 4/30/2015). The CDC used such expedited and emergency Paperwork Reduction Act (PRA) clearance procedures to initiate urgently needed information collections in affected countries. These procedures allowed the agency to accomplish its mission on many fronts to quickly prevent public harm, illness, and death from the uncontrolled spread of EVD. As new knowledge about potential routes of Ebola transmission was encountered during case surveillance activities, forms for sexual transmission were developed and are included as part of this information collection effort.

    The main goal of this information collection request (ICR) is to receive and maintain Paperwork Reduction Act (PRA) clearance in advance of any Ebola outbreak in West Africa. The CDC seeks to gain a three-year approval to continue the current, and to initiate any new Ebola surveillance data collections without delay. Because it is impossible to predict when and where a new Ebola outbreak may occur, we estimate time burden based on population estimates of 21 countries in the West Africa region. Therefore, CDC provides data collection forms that will be readily available in English, French, Portuguese, and Arabic translations.

    There are no costs to the respondents other than their time. The total annualized time burden requested is 428,750 hours.

    Estimated Annualized Burden Hours Type of
  • respondent
  • Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • General Public Viral Hemorrhagic Fever Case Investigation Short Form (English) 15,476 1 10/60 General Public Viral Hemorrhagic Fever Case Investigation Short Form (French) 10,122 1 10/60 General Public Viral Hemorrhagic Fever Case Investigation Short Form (Portuguese) 176 1 10/60 General Public Viral Hemorrhagic Fever Case Investigation Short Form (Arabic) 1,226 1 10/60 General Public Viral Hemorrhagic Fever Case Investigation Form (English) 1,720 1 20/60 General Public Viral Hemorrhagic Fever Case Investigation Form (French) 1,125 1 20/60 General Public Viral Hemorrhagic Fever Case Investigation Form (Portuguese) 19 1 20/60 General Public Viral Hemorrhagic Fever Case Investigation Form (Arabic) 136 1 20/60 General Public Viral Hemorrhagic Fever Contact Listing Form (English) 171,960 1 15/60 General Public Viral Hemorrhagic Fever Contact Listing Form (French) 112,470 1 15/60 General Public Viral Hemorrhagic Fever Contact Listing Form (Portuguese) 1,950 1 15/60 General Public Viral Hemorrhagic Fever Contact Listing Form (Arabic) 13,620 1 15/60 General Public Viral Hemorrhagic Fever Contact Tracing Follow-Up Form (English) 171,960 1 63/60 General Public Viral Hemorrhagic Fever Contact Tracing Follow-Up Form (French) 112,470 1 63/60 General Public Viral Hemorrhagic Fever Contact Tracing Follow-Up Form (Portuguese) 1,950 1 63/60 General Public Viral Hemorrhagic Fever Contact Tracing Follow-Up Form (Arabic) 13,620 1 63/60 General Public Ebola Virus Disease Case Contact Questionnaire (English) 171,960 1 5/60 General Public Ebola Virus Disease Case Contact Questionnaire (French) 112,470 1 5/60 General Public Ebola Virus Disease Case Contact Questionnaire (Portuguese) 1,950 1 5/60 General Public Ebola Virus Disease Case Contact Questionnaire (Arabic) 13,620 1 5/60 General Public Ebola Outbreak Response Sexual Transmission Adult Case Investigation Form (English) 3,439 1 30/60 General Public Ebola Outbreak Response Sexual Transmission Adult Case Investigation Form (French) 2,249 1 30/60 General Public Ebola Outbreak Response Sexual Transmission Adult Case Investigation Form (Portuguese) 39 1 30/60 General Public Ebola Outbreak Response Sexual Transmission Adult Case Investigation Form (Arabic) 273 1 30/60 Healthcare Workers or Proxy Healthcare Worker Ebola Virus Disease Exposure Report—West Africa (CDC-WHO) (English) 2,455 1 30/60 Healthcare Workers or Proxy Healthcare Worker Ebola Virus Disease Exposure Report—West Africa (CDC-WHO) (French) 1,687 1 30/60 Healthcare Workers or Proxy Healthcare Worker Ebola Virus Disease Exposure Report—West Africa (CDC-WHO) (Portuguese) 29 1 30/60 Healthcare Workers or Proxy Healthcare Worker Ebola Virus Disease Exposure Report—West Africa (CDC-WHO) (Arabic) 204 1 30/60 Healthcare Workers or Proxy Healthcare Worker Ebola Virus Investigation Questionnaire (Liberia) 52 1 30/60 Healthcare Workers or Proxy Healthcare Worker Ebola Virus Disease Exposure Report (Sierra Leone) 73 1 30/60 Healthcare Workers or Proxy Health Facility Assessment and Case Finding Survey (English) 3,439 1 30/60 Healthcare Workers or Proxy Health Facility Assessment and Case Finding Survey (French) 2,249 1 30/60 Healthcare Workers or Proxy Health Facility Assessment and Case Finding Survey (Portuguese) 39 1 30/60 Healthcare Workers or Proxy Health Facility Assessment and Case Finding Survey (Arabic) 273 1 30/60
    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. 2015-15832 Filed 6-26-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families [CFDA Number: 93.568] Reallotment of Federal Fiscal Year 2014 Funds for the Low Income Home Energy Assistance Program (LIHEAP) AGENCY:

    Office of Community Services, ACF, HHS.

    ACTION:

    Notice of determination concerning funds available for reallotment.

    SUMMARY:

    Notice is hereby given of a preliminary determination that funds from the Federal Fiscal Year (FY) 2014 Low Income Home Energy Assistance Program (LIHEAP) are available for reallotment to states, territories, tribes, and tribal organizations that receive FY 2015 direct LIHEAP grants. No subgrantees or other entities may apply for these funds. Section 2607(b)(1) of the Low Income Home Energy Assistance Act (the Act), (42 U.S.C. 8626(b)(1)) requires that, if the Secretary of the U.S. Department of Health and Human Services (HHS) determines that, as of September 1 of any fiscal year, an amount in excess of 10 percent of the amount awarded to a grantee for that fiscal year (excluding Leveraging, REACH, and reallotted funds) will not be used by the grantee during that fiscal year, then the Secretary must notify the grantee and publish a notice in the Federal Register that such funds may be reallotted to LIHEAP grantees during the following fiscal year. If reallotted, the LIHEAP block grant allocation formula will be used to distribute the funds. No funds may be allotted to entities that are not direct LIHEAP grantees during FY 2015.

    DATES:

    The comment period expires July 29, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Lauren Christopher, Director, Division of Energy Assistance, Office of Community Services, 370 L'Enfant Promenade SW., Washington, DC 20447; telephone (202) 401-4870; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    It has been determined that $4,352,881 may be available for reallotment during FY 2015. This determination is based on carryover and reallotment reports from West Virginia; Pueblo of Laguna; Delaware Tribe of Indians; Colorado River Indian Tribes of the Colorado River Indian Reservation; Five Sandoval Indian Pueblos, Inc.; and Kodiak Area Native Association, which were submitted to the Office of Community Services (OCS) as required by regulations applicable to LIHEAP at 45 CFR 96.82.

    The statute allows grantees who have funds unobligated at the end of the fiscal year for which they are awarded to request that they be allowed to carry over up to 10 percent of their allotments to the next fiscal year. Funds in excess of this amount must be returned to HHS and are subject to reallotment under section 2607(b)(1) of the Act (42 U.S.C. 8626(b)(1)). The amount described in this notice was reported as unobligated FY 2014 funds in excess of the amount that these grantees could carry over to FY 2015.

    OCS notified each of the grantees and confirmed that the FY 2014 funds indicated in the chart may be reallotted. In accordance with section 2607(b)(3) of the Act (42 U.S.C. 8626(b)(3)), comments will be accepted for a period of 30 days from the date of publication of this notice. Comments may be submitted to: Jeannie L. Chaffin, Director, Office of Community Services, 370 L'Enfant Promenade SW., 5th Floor—West, Washington, DC 20447.

    After considering any comments submitted, the Chief Executive Officers will be notified of the final reallotment amount. This decision will be published in the Federal Register.

    If funds are reallotted, they will be allocated in accordance with section 2604 of the Act (42 U.S.C. 8623) and must be treated by LIHEAP grantees receiving them as an amount appropriated for FY 2015. As FY 2015 funds, they will be subject to all requirements of the Act, including section 2607(b)(2) (42 U.S.C. 8626(b)(2)), which requires that a grantee obligate at least 90 percent of its total block grant allocation for a fiscal year by the end of the fiscal year for which the funds are appropriated, that is, by September 30, 2015.

    Estimated Reallotment Amounts of FY 2014 LIHEAP Funds Grantee name FY 2014
  • reallotment
  • amount
  • Pueblo of Laguna $27,708 Delaware Tribe of Indians 8,841 Colorado River Indian Tribes of the Colorado River Indian Reservation 12,667 Five Sandoval Indian Pueblos, Inc 13,243 Kodiak Area Native Association 1,070 West Virginia 4,289,352 Total 4,352,881
    Statutory Authority:

    42 U.S.C. 8626.

    Mary M. Wayland, Senior Grants Policy Specialist, Office of Administration, Division of Grants Policy.
    [FR Doc. 2015-15859 Filed 6-26-15; 8:45 am] BILLING CODE 4184-80-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Grants to States for Access and Visitation.

    OMB No.: 0970-0204.

    Description: On an annual basis, States must provide OCSE with data on programs that the Grants to States for Access and Visitation Program has funded. These program reporting requirements include, but are not limited to, the collection of data on the number of parents served, types of services delivered, program outcomes, client socio economic data, referrals sources, and other relevant data.

    Respondents: State Child Access and Visitation Programs and State and/or Local Service Providers.

    Annual Burden Estimates Instrument: State and Local Child Access Program Survey Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total
  • burden hours
  • Part I: 54 states/jurisdictions 54 1 16 864 Part II: 300 local service grantees (estimated) 331 1 16 5296

    Estimated Total Annual Burden Hours: 6,160.

    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].hhs.gov.

    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, Fax: 202-395-7285, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2015-15889 Filed 6-26-15; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-2104] Assessment of Radiofrequency-Induced Heating in the Magnetic Resonance Environment for Multi-Configuration Passive Medical Devices; Draft Guidance for Industry and Food and Drug Administration Staff; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of the draft guidance entitled “Assessment of Radiofrequency-Induced Heating in the Magnetic Resonance (MR) Environment for Multi-Configuration Passive Medical Devices.” The purpose of this guidance is to provide an assessment paradigm for radiofrequency (RF)-induced heating on, or near, multi-component, or multi-configuration, passive medical devices in the magnetic resonance environment. This draft guidance is not final nor is it in effect at this time.

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by August 28, 2015.

    ADDRESSES:

    An electronic copy of the guidance document is available for download from the Internet. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written requests for a single hard copy of the draft guidance document entitled “Assessment of Radiofrequency-Induced Heating in the Magnetic Resonance (MR) Environment for Multi-Configuration Passive Medical Devices” to the Office of the Center Director, Guidance and Policy Development, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your request.

    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Identify comments with the docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    Wolfgang Kainz, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 62, Rm. 1129, Silver Spring, MD 20993-0002, 301-661-7595.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft guidance to provide an assessment paradigm for RF-induced heating on or near multi-component or multi-configuration passive medical devices in the MR environment. During MR scanning, applied RF excitation pulses induce currents that can cause heating of electrically conductive materials. RF-induced heating of medical devices made with conductive materials may lead to patient burns. To minimize the risk of patient burns during MR scanning, sponsors should comprehensively assess devices in all configurations and combinations. However, multi-component passive devices, such as orthopedic fixation devices, may permit a very large number of possible device configurations and combinations of individual components. Testing all possibilities may be impracticable and unnecessary. This draft guidance provides an approach to identify a manageable number of device configurations or combinations for the testing of RF-induced heating in the MR environment. Additionally, this draft guidance provides recommendations on how to assess RF-induced device heating for multi-configuration passive medical devices.

    II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on the assessment of RF-induced heating of multi-component, or multi-configuration, passive medical devices in the MR environment. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do so by downloading an electronic copy from the Internet. A search capability for all Center for Devices and Radiological Health guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at http://www.regulations.gov. Persons unable to download an electronic copy of “Assessment of Radiofrequency-Induced Heating in the Magnetic Resonance (MR) Environment for Multi-Configuration Passive Medical Devices” may send an email request to [email protected] to receive an electronic copy of the document. Please use the document number 1500001 to identify the guidance you are requesting.

    IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 814 have been approved under OMB control number 0910-0231.

    V. Comments

    Interested persons may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 23, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-15833 Filed 6-26-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Notice of Publication of the Revised Guidebook for the National Practitioner Data Bank (NPDB) AGENCY:

    Health Resources and Services Administration (HRSA), HHS.

    ACTION:

    Notice.

    SUMMARY:

    The National Practitioner Data Bank (NPDB) announces the release of the revised user Guidebook. The NPDB is a confidential information clearinghouse created by Congress and intended to facilitate a comprehensive review of the professional credentials of health care practitioners, entities, and suppliers. The Guidebook is the primary policy document explaining the statutes and regulations behind and operation of the NPDB. It serves as an essential reference for NPDB users, offering reporting and querying examples, explanations, definitions, and frequently asked questions. The new Guidebook incorporates legislative and regulatory changes adopted since its last edition, including the NPDB's merger with the Healthcare Integrity and Protection Data Bank.

    In November 2013, the Health Resources and Services Administration (HRSA) released a draft Guidebook to the public for review and comment by NPDB stakeholders and other interested parties. It announced the draft Guidebook's availability in the Federal Register. HRSA received more than 360 separate comments, consisting of analyses of issues raised by the draft Guidebook. The NPDB carefully studied all comments received, and many led to detailed analyses of how NPDB explains its policies to its audiences. The final Guidebook is now available at www.npdb.hrsa.gov and replaces previous Guidebooks.

    FOR FURTHER INFORMATION CONTACT:

    Ernia P. Hughes, MBA, Director of the Division of Practitioner Data Bank, Bureau of Health Workforce, Health Resources and Services Administration at: [email protected] or 301-443-2300.

    Dated: June 18, 2015. James Macrae, Acting Administrator.
    [FR Doc. 2015-15802 Filed 6-26-15; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human Development Special Emphasis Panel; “IDDRC”.

    Date: July 16-17, 2015.

    Time: 9:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Renaissance Mayflower Hotel, 1127 Connecticut Avenue NW., Washington, DC 20036.

    Contact Person: Marita R. Hopmann, Ph.D., Scientific Review Officer, Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6100 Executive Boulevard, Room 5B01, Bethesda, MD 20892-9304, (301) 435-6911, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: June 23, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-15817 Filed 6-26-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Environmental Health Sciences; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Board of Scientific Counselors, NIEHS.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Institute of Environmental Health Sciences, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NIEHS.

    Date: July 26-28, 2015.

    Closed: July 26, 2015, 7:00 p.m. to 10:00 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Doubletree Guest Suites, 2515 Meridian Parkway, Research Triangle Park, NC 27713.

    Open: July 27, 2015, 8:30 a.m. to 11:50 a.m.

    Agenda: Scientific Presentations.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 27, 2015, 11:50 a.m. to 1:30 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Open: July 27, 2015, 1:30 p.m. to 3:00 p.m.

    Agenda: Poster Session.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 27, 2015, 3:00 p.m. to 3:30 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Open: July 27, 2015, 3:45 p.m. to 5:25 p.m.

    Agenda: Scientific Presentations.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 27, 2015, 5:25 p.m. to 5:55 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 27, 2015, 6:15 p.m. to 10:00 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Doubletree Guest Suites, 2515 Meridian Parkway, Research Triangle Park, NC 27713.

    Open: July 28, 2015, 8:30 a.m. to 10:10 a.m.

    Agenda: Scientific Presentations.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 28, 2015, 10:10 a.m. to 10:40 a.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Open: July 28, 2015, 10:55 a.m. to 11:45 a.m.

    Agenda: Scientific Presentations.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 28, 2015, 11:45 a.m. to 1:00 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Open: July 28, 2015, 1:00 p.m. to 2:30 p.m.

    Agenda: Poster Session.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 28, 2015, 2:30 p.m. to 3:00 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Open: July 28, 2015, 3:15 p.m. to 4:00 p.m.

    Agenda: Scientific Presentations.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Closed: July 28, 2015, 4:00 p.m. to 5:30 p.m.

    Agenda: To review and evaluate programmatic and personnel issues.

    Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Contact Person: Darryl C. Zeldin, Scientific Director & Principal Investigator, Division of Intramural Research, National Institute of Environmental Health Sciences, NIH, 111 T.W. Alexander Drive, Maildrop A2-09, Research Triangle Park, NC 27709, 919-541-1169, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS)
    Dated: June 23, 2015. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-15818 Filed 6-26-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Non-HIV Anti Infective Therapeutics.

    Date: July 20-21, 2015.

    Time: 8:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites Alexandria, 1900 Diagonal Road, Alexandria-Old Town, VA 22314.

    Contact Person: Neerja Kaushik-Basu, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3198 MSC 7808, Bethesda, MD 20892, (301) 435-2306, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflicts: Diabetes and Obesity Topics.

    Date: July 20, 2015.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Antonello Pileggi, MD, Scientific Review Officer, Center for Scientific Review, National Institute of Heath, 6701 Rockledge Drive, Room 6166, Bethesda, MD 20892-7892, (301) 402-6297, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Bioengineering Sciences and Technologies: AREA Review.

    Date: July 23, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Fairmont Washington, DC, 2401 M Street NW., Washington, DC 20037.

    Contact Person: Nancy Templeton, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5168, MSC 7849, Bethesda, MD 20892, 301-408-9694, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA Panel: Developing Paradigm-Shifting Innovations for in vivo Human Placental Assessment in Response to Environmental Influences.

    Date: July 27-28, 2015.

    Time: 10:30 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.

    Contact Person: Elaine Sierra-Rivera, Ph.D., Scientific Review Officer, Genes, Genomes, and Genetics IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2200, MSC 7890, Bethesda, MD 20892, 301-435-2514, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR15-041: Targeting Persistent HIV Reservoirs (TAPHIR).

    Date: July 28, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Renaissance Mayflower Hotel, 1127 Connecticut Avenue NW., Washington, DC 20036.

    Contact Person: Kenneth A. Roebuck, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5106, MSC 7852, Bethesda, MD 20892, (301) 435-1166, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Oral and Dental Sciences.

    Date: July 28, 2015.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Maria Nurminskaya, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, Bethesda, MD 20892, (301) 435-1222, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Basic Research on HIV Persistence.

    Date: July 29, 2015.

    Date: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Renaissance Mayflower Hotel, 1127 Connecticut Avenue NW., Washington, DC 20036.

    Contact Person: Kenneth A Roebuck, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5106, MSC 7852, Bethesda, MD 20892, (301) 435-1166, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR13-038: Opportunities for Collaborative Research at the NIH Clinical Center (U01).

    Date: July 29, 2015.

    Time: 11:00 a.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Seetha Bhagavan, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5194, MSC 7846, Bethesda, MD 20892, (301) 237-9838, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Neurodegeneration, Aging and Aging-Related Processes.

    Date: July 29, 2015.

    Time: 2:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Jay Joshi, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5196, MSC 7846, Bethesda, MD 20892, (301) 408-9135, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: June 23, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-15819 Filed 6-26-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, July 07, 2015, 12:00 p.m. to July 09, 2015, 05:00 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the Federal Register on June 10, 2015, 80 FR 111 pg. 32968.

    The meeting date has changed to July 8-9, 2015 starting at 8:00 a.m. and ending at 6:00 p.m. The meeting location remains the same. The meeting is closed to the public.

    Dated: June 23, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-15820 Filed 6-26-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case
  • No.
  • Chief executive officer of community Community map repository Effective date of
  • modification
  • Community
  • No.
  • Alabama: Montgomery (FEMA Docket No.: B-1468) City of Montgomery (15-04-0121P) The Honorable Todd Strange, Mayor, City of Montgomery, P.O. Box 1111, Montgomery, AL 36104 City Hall, 103 North Perry Street, Montgomery, AL 36104 April 6, 2015 010174 Shelby (FEMA Docket No.: B-1468) City of Pelham (14-04-9726P) The Honorable Gary Waters, Mayor, City of Pelham, 3162 Pelham Parkway, Pelham, AL 35124 City Hall, 3162 Pelham Parkway, Pelham, AL 35124 April 9, 2015 010193 California: Colusa (FEMA Docket No.: B-1468) Unincorporated areas of Colusa County (14-09-4391P) The Honorable Kimberly Dolbow Vann, Chair, Colusa County Board of Supervisors, 546 Jay Street, Colusa, CA 95932 Colusa County Department of Public Works, 1215 Market Street, Colusa, CA 95932 April 9, 2015 060022 Sacramento (FEMA Docket No.: B-1468) Unincorporated areas of Sacramento County (14-09-1646P) The Honorable Jimmie R. Yee, Chairman, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814 Sacramento County Department of Water Resources, 827 7th Street, Suite 301, Sacramento, CA 95814 April 2, 2015 060262 Santa Clara (FEMA Docket No.: B-1468) Town of Los Altos Hills (15-09-0041P) The Honorable John Radford, Mayor, Town of Los Altos Hills, 26379 Fremont Road, Los Altos Hills, CA 94022 Public Works Department, 26379 Fremont Road, Los Altos Hills, CA 94022 April 2, 2015 060342 Florida: Charlotte (FEMA Docket No.: B-1468) Unincorporated areas of Charlotte County (14-04-A501P) The Honorable Ken Doherty, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Suite 536, Port Charlotte, FL 33948 Charlotte County Community Development Department, 18500 Murdock Circle, Port Charlotte, FL 33948 April 13, 2015 120061 Miami-Dade (FEMA Docket No.: B-1468) City of Sunny Isles Beach (14-04-A336P) The Honorable Norman S. Edelcup, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 City Hall, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 April 13, 2015 120688 Sarasota (FEMA Docket No.: B-1468) Unincorporated areas of Sarasota County (14-04-7975P) The Honorable Charles D. Hines, Chairman, Sarasota County Board of Commissioners, 1660 Ringling Boulevard, Sarasota, FL 34236 Sarasota County Zoning Administration Center, 400 South Tamiami Trail, Venice, FL 34293 April 6, 2015 125144 Georgia: Columbia (FEMA Docket No.: B-1468) Unincorporated areas of Columbia County (14-04-A219P) The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 Columbia County Stormwater Utility Department, 630 Ronald Reagan Drive, Building B, 2nd Floor, Evans, GA 30809 April 9, 2015 130059 New Jersey: Somerset (FEMA Docket No.: B-1468) Township of Bridgewater (14-02-2373P) The Honorable Daniel J. Hayes, Mayor, Township of Bridgewater, 100 Commons Way, Bridgewater, NJ 08807 Department of Code Enforcement, 700 Garretson Road, Bridgewater, NJ 08807 April 9, 2015 340432 North Carolina: Henderson (FEMA Docket No.: B-1474) City of Hendersonville (14-04-A582P) The Honorable Barbara Volk, Mayor, City of Hendersonville, 145 5th Avenue East, Hendersonville, NC 28792 Zoning Department, 100 North King Street, Hendersonville, NC 28792 April 22, 2015 370128 Transylvania (FEMA Docket No.: B-1474) City of Brevard (14-04-A625P) The Honorable Jimmy Harris, Mayor, City of Brevard, 95 West Main Street, Brevard, NC 28712 Planning Department, 95 West Main Street, Brevard, NC 28712 April 7, 2015 370231 Union (FEMA Docket No.: B-1468) Town of Indian Trail (14-04-A516P) The Honorable Michael Alvarez, Mayor, Town of Indian Trail, P.O. Box 2430, Indian Trail, NC 28079 Engineering Department, 130 Blythe Drive, Indian Trail, NC 28079 Mar. 30, 2015 370235 Union (FEMA Docket No.: B-1468) Unincorporated Areas of Union County (14-04-A516P) The Honorable Richard Helms, Chairman, Union County Board of Commissioners, 500 North Main Street, Room 921, Monroe, NC 28112 Union County Planning Department, 500 North Main Street, Monroe, NC 28112 Mar. 30, 2015 370234 South Carolina: Beaufort (FEMA Docket No.: B-1468) Town of Bluffton (14-04-5124P) The Honorable Lisa Sulka, Mayor, Town of Bluffton, 20 Bridge Street, Bluffton, SC 29910 Growth Management Customer Service Center, 20 Bridge Street, Bluffton, SC 29910 April 13, 2015 450251
    [FR Doc. 2015-15807 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case
  • No.
  • Chief executive officer of community Community map repository Effective date of
  • modification
  • Community
  • No.
  • Connecticut: New Haven, (FEMA Docket No.: B-1439) Town of Branford (14-01-0158P) The Honorable James B. Cosgrove, First Selectman, Town of Branford, 10919 Main Street, Branford, CT 06405. Town Hall, 1019 Main Street, Branford, CT 06405. December 12, 2014 090073 Illinois: Adams, (FEMA Docket No.: B-1439) City of Quincy (14-05-4520P) The Honorable Kyle Moore, Mayor, City of Quincy, 730 Maine Street, Quincy, IL 62301. City Hall, 730 Maine Street, Quincy, IL 62301. December 19, 2014 170003 Illinois: Adams, (FEMA Docket No.: B-1439) Unincorporated Areas of Adams County (14-05-4520P) The Honorable Les Post, Chairman, Adams County, 101 North 54th Street, Quincy, IL 62305. Adams County Highway Department, 101 North 54th Street, Quincy, IL 62305. December 19, 2014 170001 Maine: Hancock, (FEMA Docket No.: B-1439) Town of Deer Isle (14-01-1320P) The Honorable Neville Hardy, First Selectman, Town of Deer Isle, 70 Church Street, Deer Isle, ME 04627. Town Hall, 70 Church Street, Deer Isle, ME 04627. November 20, 2014 230280 Massachusetts: Bristol, (FEMA Docket No.: B-1439) Town of Dartmouth (14-01-1022P) The Honorable Shawn D. McDonald, Select Board Member, Town of Dartmouth, 400 Slocum Road, Dartmouth, MA 02747. 400 Slocum Road, Dartmouth, MA 02747. December 19, 2014 250051 Washington: King, (FEMA Docket No.: B-1439) City of Shoreline (14-10-0909P) The Honorable Keith McGlashan, Mayor, City of Shoreline, 17500 Midvale Avenue North, Shoreline, WA 98133. 17500 Midvale Avenue North, Shoreline, WA 98133. December 15, 2014 530327 Wisconsin: Brown, (FEMA Docket No.: B-1439) Unincorporated Areas of Brown County (14-05-2566P) Mr. Troy Streckenbach, County Executive, Brown County, 305 East Walnut Street, Green Bay, WI 54305. 305 East Walnut Street, Green Bay, WI 54305. December 10, 2014 550020 Brown, (FEMA Docket No.: B-1439) Unincorporated Areas of Brown County (14-05-3376P) Mr. Troy Streckenbach, County Executive, Brown County, 305 East Walnut Street, Green Bay, WI 54305. 305 East Walnut Street, Green Bay, WI 54305. December 5, 2014 550020 Brown, (FEMA Docket No.: B-1439) Village of Wrightstown (14-05-3375P) Mr. Dean Erickson, Village President, Village of Wrightstown, 352 High Street, Wrightstown, WI 54180. Village Hall, 352 High Street, Wrightstown, WI 54180. December 5, 2014 550025 Outagamie, (FEMA Docket No.: B-1439) Unincorporated Areas of Outagamie County (14-05-3375P) Mr. Thomas M. Nelson, County Executive, Outagamie County, 410 South Walnut Street, Appleton, WI 54911. 410 South Walnut Street, Appleton, WI 54911. December 5, 2014 550302
    [FR Doc. 2015-15823 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA-2015-0009; OMB No. 1660-0083] Agency Information Collection Activities: Submission for OMB Review; Comment Request; Application for Community Disaster Loan (CDL) Program AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission will describe the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and the actual data collection instruments FEMA will use.

    DATES:

    Comments must be submitted on or before July 29, 2015.

    ADDRESSES:

    Submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the Desk Officer for the Department of Homeland Security, Federal Emergency Management Agency, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection should be made to Director, Records Management Division, 500 C Street SW., Washington, DC 20472-3100, or email address [email protected]

    SUPPLEMENTARY INFORMATION:

    Collection of Information

    Title: Application for Community Disaster Loan (CDL) Program.

    Type of information collection: Extension, without change, of a currently approved information collection.

    OMB Number: 1660-0083.

    Form Titles and Numbers: FEMA Form 090-0-1, Certification of Eligibility for Community Disaster Loans; FEMA Form 116-0-1, Promissory Note; FEMA Form 085-0-1, Local Government Resolution—Collateral Security; FEMA Form 090-0-2, Application for Community Disaster Loan.

    Abstract: The loan package for the CDL Program provides Local and Tribal governments that have suffered substantial loss of tax or other revenues as a result of a major disaster or emergency, the opportunity to obtain financial assistance in order to perform their governmental functions. The loan must be justified on the basis of need and actual expenses.

    Affected Public: State, local or Tribal Government.

    Estimated Number of Respondents: 50.

    Estimated Total Annual Burden Hours: 975 hours.

    Estimated Cost: The estimated annual cost to respondents for the hour burden is $61,705.00. There are no annual costs to respondents' operations and maintenance costs for technical services. There are no annual start-up or capital costs. The cost to the Federal Government is $1,010,692.92.

    Dated: June 19, 2015. Janice Waller, Acting Director, Records Management Division, Mission Support Bureau, Federal Emergency Management Agency, Department of Homeland Security.
    [FR Doc. 2015-15810 Filed 6-26-15; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

    Dated: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive
  • officer of community
  • Community map
  • repository
  • Effective date
  • of modification
  • Community
  • No.
  • Alaska: Fairbanks-North Star Borough, (FEMA Docket No.: B-1465) Fairbanks-North Star Borough, (14-10-1677P) The Honorable Luke Hopkins, Mayor, Fairbanks-North Star Borough, 809 Pioneer Road, Fairbanks, AK 99701 809 Pioneer Road, Fairbanks, AK 99701 April 15, 2015 025009 Indiana: Lake, (FEMA Docket No.: B-1465) City of Hammond (15-05-0234P) The Honorable Thomas M. McDermott, Jr., Mayor, City of Hammond, 5925 Calumet Avenue, Hammond, IN 46320 5925 Calumet Avenue, Hammond, IN 46320 April 1, 2015 180134 Iowa: Washington, (FEMA Docket No.: B-1465) City of Kalona (14-07-2178P) The Honorable Ken Herington, Mayor, City of Kalona, 511 C Avenue, Kalona, IA 52247 511 C Avenue, Kalona, IA 52247 April 10, 2015 190601 Kansas: Harvey, (FEMA Docket No.: B-1465) City of Sedgwick (14-07-2492P) The Honorable Rodney Eggleston, Mayor, City of Sedwick, 511 North Commercial, Sedgwick, KS 67135 511 North Commercial, Sedgwick, KS 67135 April 10, 2015 200134 Harvey, (FEMA Docket No.: B-1465) Unincorporated Areas of Harvey County (14-07-2492P) The Honorable Ron Krehbiel, 3rd District Commissioner, Harvey County, 800 North Main Street, Newton, KS 67114 800 North Main Street, Newton, KS 67114 April 10, 2015 200585 Sedgwick., (FEMA Docket No.: B-1465) Unincorporated Areas of Sedgwick County (14-07-2492P) The Honorable James Skelton, 5th District Commissioner Sedgwick County, 525 North Main #320, Wichita, KS 67203 525 North Main #320, Wichita, KS 67203 April 10, 2015 200321 Wyandotte, (FEMA Docket No.: B-1465) City of Kansas City (14-07-2400P) The Honorable Mark R. Holland, Mayor, City of Kansas City, 701 North 7th Street, Suite 926, Kansas City, KS 66101 701 North 7th Street, Suite 926, Kansas City, KS 66101 April 21, 2015 200363 Washington: Whitman, (FEMA Docket No.: B-1465) Town of Oakesdale (14-10-0693P) The Honorable Dennis Palmer, Mayor, Town of Oakesdale, 105 North First Street, Oakesdale, WA 99158 105 North First Street, Oakesdale, WA 99158 April 3, 2015 530210 Washington: Whitman, (FEMA Docket No.: B-1465) Unincorporated Areas of Whitman County (14-10-0693P) The Honorable Art Swannack, Whitman County District 1 Commissioner, 400 North Main Street, Colfax, WA 99111 400 North Main Street, Colfax, WA 99111 April 3, 2015 530205 Wisconsin: Dane, (FEMA Docket No.: B-1465) Unincorporated Areas of Dane County (14-05-6985P) The Honorable Joe Parisi, Executive, Dane County, 210 Martin Luther King Jr. Boulevard, Madison, WI 53703 210 Martin Luther King Jr. Boulevard, Madison, WI 53703 April 16, 2015 550077 Dane, (FEMA Docket No.: B-1465) Village of Cross Plains (14-05-6985P) The Honorable Pat Andreoni, President, Village Of Cross Plains, 3041 Creekside Way, Cross Plains, WI 53528 3041 Creekside Way, Cross Plains, WI 53528 April 16, 2015 550081
    [FR Doc. 2015-15813 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2014-0029] Public Assistance Policy on Insurance, FP 206-086-1 AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This document provides notice of the availability of the final policy Public Assistance Policy on Insurance. The Federal Emergency Management Agency (FEMA) published a notice of availability and request for comment for the proposed policy on October 8, 2014 at 79 FR 60861.

    DATES:

    This policy is effective June 29, 2015.

    ADDRESSES:

    The final policy is available online at http://www.regulations.gov and on FEMA's Web site at http://www.fema.gov. The proposed and final policy, all related Federal Register notices, and all public comments received during the comment period are available at http://regulations.gov under Docket ID FEMA-2014-0029. You may also view a hard copy of the final policy at the Office of Chief Counsel, FEMA, 8NE, 500 C St. SW., Washington, DC 20472.

    FOR FURTHER INFORMATION CONTACT:

    Deana Platt, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472-3160, 202-646-3642.

    SUPPLEMENTARY INFORMATION:

    This policy addresses insurance under FEMA's Public Assistance program. FEMA has revised the policy based on public comments received, and is now issuing a final policy. The policy does not have the force or effect of law.

    Authority:

    42 U.S.C. 4012a, 4106, 5154, 5155, 5172, 5189, and 5189f; 44 CFR 206.250, 206.251, 206.252, 206.253.

    Dated: June 23, 2015. W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2015-15835 Filed 6-26-15; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive
  • officer of community
  • Community map
  • repository
  • Effective date of
  • modification
  • Community
  • No.
  • California: San Bernardino, (FEMA Docket No.: B-1425) City of Chino (14-09-2136P) The Honorable Dennis Yates, Mayor, City of Chino, 13220 Central Avenue, Chino, CA 91710. 13220 Central Avenue, Chino, CA 91710. November 3, 2014 060272 Iowa: Bremer, (FEMA Docket No.: B-1425) City of Waverly (13-07-0864P) The Honorable Bob Brunkhorst, Mayor, City of Waverly, 200 First Street NE., P.O. Box 616, Waverly, IA 50677. 200 First Street NE., Waverly, IA 50677. October 24, 2014 190030 Bremer, (FEMA Docket No.: B-1425) Unincorporated Areas of Bremer County (13-07-0864P) The Honorable Tim Niel, Chairman, Bremer County Board of Supervisors, 415 East Bremer Avenue, Waverly, IA 50677. 415 East Bremer Avenue, Waverly, IA 50677. October 24, 2014 190847 Missouri: Jefferson, (FEMA Docket No.: B-1425) Unincorporated Areas of Jefferson County (14-07-1157P) Mr. Ken Walker, County Executive, Jefferson County, 729 Maple Street, Suite G30, Hillsboro, MO 63050. Jefferson County Administration Center, 729 Maple Street, Hillsboro, MO 63050. October 24, 2014 290808 Pennsylvania: Susquehanna, (FEMA Docket No.: B-1425) Borough of Thompson (13-03-2723P) Mr. Mark Carmody, President of Council, Borough of Thompson, P.O. Box 89, Thompson, PA 18465. P.O. Box 89, Thompson, PA 18465. October 30, 2014 422582 Pennsylvania: Susquehanna, (FEMA Docket No.: B-1425) Township of Thompson (13-03-2723P) Mr. Richard Wademan, Supervisor, Township of Thompson, P.O. Box 89, Thompson, PA 18465. P.O. Box 89, Thompson, PA 18465. October 30, 2014 422583 Wisconsin: Pierce, (FEMA Docket No.: B-1425) Unincorporated Areas of Pierce County (14-05-2976P) Mr. Jeff Holst, Chair, Pierce County Board of Supervisors, 414 West Main Street, Ellsworth, WI 54011. 414 West Main Street, Ellsworth, WI 54011. October 23, 2014 555571
    [FR Doc. 2015-15812 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1522] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with Title 44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will become effective on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive
  • officer of community
  • Community map
  • repository
  • Online location of
  • letter of map revision
  • Effective date
  • of modification
  • Community
  • No.
  • Florida: Bay Unincorporated areas of Bay County (15-04-1287P) The Honorable Robert Majka, Jr., Bay County Manager, 840 West 11th Street, Panama City, FL 32401 Bay County Government Offices, 707 Jenks Avenue, Suite B, Panama City, FL 32401 http://www.msc.fema.gov/lomc. August 24, 2015 120004 Charlotte Unincorporated areas of Charlotte County (15-04-3689P) The Honorable Bill Truex, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Port Charlotte, FL 33948 Charlotte County Community Development Department, 18500 Murdock Circle, Port Charlotte, FL 33948 http://www.msc.fema.gov/lomc. August 24, 2015 120061 Collier City of Naples (15-04-4054P) The Honorable John Sorrey, III, 735 Eighth Street South, Naples, FL 34102 City Hall, 735 Eighth Street South, Naples, FL 34102 http://www.msc.fema.gov/lomc. August 24, 2015 125130 Lee Unincorporated areas of Lee County (14-04-5866P) The Honorable Brian Hamman, Chairman, Lee County, Board of Commissioners, P.O. Box 398, Fort Myers, FL 33902 Lee County Community Development Department, 1500 Monroe Street, 2nd Floor, Fort Myers, FL 33901 http://www.msc.fema.gov/lomc. August 20, 2015 125124 Monroe City of Key West (15-04-1481P) The Honorable Craig Cates, Mayor, City of Key West, 3126 Flagler Avenue, Key West, FL 33040 Planning Department, 605A Simonton Street, Key West, FL 33040 http://www.msc.fema.gov/lomc. August 24, 2015 120168 Monroe Unincorporated Areas of Monroe County (15-04-2314P) The Honorable Danny Kolhage, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040 Department of Planning & Environmental Resources, 2798 Overseas Highway, Marathon, FL 33050 http://www.msc.fema.gov/lomc. August 21, 2015 125129 Monroe Unincorporated Areas of Monroe County (15-04-2332P) The Honorable Danny Kolhage, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040 Department of Planning & Environmental Resources, 2798 Overseas Highway, Marathon, FL 33050 http://www.msc.fema.gov/lomc. August 24, 2015 125129 Monroe Unincorporated Areas of Monroe County (15-04-2377P) The Honorable Danny Kolhage, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040 Department of Planning & Environmental Resources, 2798 Overseas Highway, Marathon, FL 33050 http://www.msc.fema.gov/lomc. August 24, 2015 125129 Monroe Unincorporated Areas of Monroe County (15-04-2859P) The Honorable Danny Kolhage, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040 Department of Planning & Environmental Resources, 2798 Overseas Highway, Marathon, FL 33050 http://www.msc.fema.gov/lomc. August 24, 2015 125129 Orange City of Orlando (15-04-1669P) The Honorable Buddy Dyer, Mayor, City of Orlando, City Hall, 400 South Orange Avenue, Orlando, FL 32802 City Hall, 400 South Orange Avenue, Orlando, FL 32802 http://www.msc.fema.gov/lomc. August 24, 2015 120186 Orange City of Orlando (15-04-4657X) The Honorable Buddy Dyer, Mayor, City of Orlando, City Hall, 400 South Orange Avenue, Orlando, FL 32802 City Hall, 400 South Orange Avenue, Orlando, FL 32802 http://www.msc.fema.gov/lomc. August 24, 2015 120186 St. Johns Unincorporated areas of St. Johns County (15-04-2346P) The Honorable Rachael L. Bennett, Chair, St. Johns County Board of Commissioners, 500 San Sebastian View, St. Augustine, FL 32084 Administration Building, 4040 Lewis Speedway, St. Augustine, FL 32084 http://www.msc.fema.gov/lomc. August 25, 2015 125147 South Carolina: Oconee Unincorporated areas of Oconee County (15-04-2201P) Mr. T. Scott Moulder, Oconee County Administrator, 415 South Pine Street, Walhalla, SC 29691 Oconee County Administrator, 415 South Pine Street, Walhalla, SC 29691 http://www.msc.fema.gov/lomc. August 21, 2015 450157 Texas: Dallas City of Carrollton (15-06-1351P) Mr. Leonard Martin, Manager, City of Carrollton, 1945 East Jackson Road, Carrollton, TX 75006 Engineering Department, 1945 East Jackson Road, Carrollton, TX 75006 http://www.msc.fema.gov/lomc. August 24, 2015 480167 Harris Unincorporated areas of Harris County (15-06-0175P) The Honorable Edward M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77092 http://www.msc.fema.gov/lomc. August 26, 2015 480287 Tarrant City of Fort Worth (14-06-3506P) The Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 City Hall, 1000 Throckmorton Street, Fort Worth, TX 76102 http://www.msc.fema.gov/lomc. August 3, 2015 480596 Walker City of Huntsville (14-06-3819P) The Honorable Mac Woodward, Mayor, City of Huntsville, 1212 Avenue M, Huntsville, TX 77340 Engineering Department, 448 State Highway 75 North, Huntsville, TX 77340 http://www.msc.fema.gov/lomc. August 27, 2015 480639 Utah: Salt Lake City of West Jordan (14-08-1329P) The Honorable Kim V. Rolfe, Mayor, City of West Jordan, 8000 South Redwood Road, West Jordan, UT 84088 City Hall, 8000 South Redwood Road, West Jordan, UT 84088 http://www.msc.fema.gov/lomc. August 24, 2015 490108 Weber City of North Ogden (14-08-1297P) The Honorable Brent Taylor, Mayor, City of North Ogden, 505 East 2600 North, North Ogden, UT 84414 City Hall, 505 East 2600 North, North Ogden, UT 84414 http://www.msc.fema.gov/lomc. August 24, 2015 490214 Weber Unincorporated areas of Weber County (14-08-1297P) The Honorable Kerry Gibson, Chairman, Weber County Commission, 2380 Washington Boulevard, Suite 360, Ogden, UT 84401 Weber County Government Building, 2380 Washington Boulevard, Ogden, UT 84401 http://www.msc.fema.gov/lomc. August 24, 2015 490187
    [FR Doc. 2015-15822 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 16, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive
  • officer of community
  • Community map
  • repository
  • Effective date of
  • modification
  • Community
  • No.
  • California: Orange, (FEMA Docket No.: B-1430) City of Seal Beach (14-09-2974P) The Honorable Gordon A. Shanks, Mayor, City of Seal Beach, 211 8th Street, Seal Beach, CA 90740. 211 8th Street, Seal Beach, CA 90740. November 28, 2014 060233 Orange, (FEMA Docket No.: B-1430) Unincorporated Areas of Orange County (14-09-2974) Mr. Michael B. Giancola, Executive Officer, Orange County, 333 West Santa Ana Boulevard, Santa Ana, CA 92701. 300 North Flower St., Santa Ana, CA 92703. November 28, 2014 060212 Connecticut: Litchfield, (FEMA Docket No.: B-1430) Town of New Milford (14-01-0106P) The Honorable Patricia A. Murphy, Mayor, Town of New Milford, 10 Main Street, New Milford, CT 06776. Town Hall, 10 Main Street, New Milford, CT 06776. November 24, 2014 090049 Indiana: Adams, (FEMA Docket No.: B-1430) Town of Geneva (13-05-6773P) The Honorable Richard Clutters, Town Council President, Town of Geneva, 411 East Line Street, Geneva, IN 46740. 411 East Line Street, Geneva, IN 46740. November 20, 2014 180002 Adams, (FEMA Docket No.: B-1430) Unincorporated Areas of Adams County (13-05-6773P) The Honorable Doug Bauman, Commissioner, Adams County, 2510 West State Road 116, Geneva, IN 46740. 112 South Second Street, Decatur, IN 46733. November 20, 2014 180424 Boone, (FEMA Docket No.: B-1430) Town of Zionsville (14-05-3105P) Mr. Jeff Papa, Town Council President, Town of Zionsville, 1100 West Oak Street, Zionsville, IN 46077. Town Hall, 1100 West Oak Street, Zionsville, IN 46077. December 4, 2014 180016 Minnesota: Polk, (FEMA Docket No.: B-1430) City of Crookston (13-05-7394P) The Honorable David W. Genereux, Mayor, City of Crookston, 124 North Broadway, Crookston, MN 56716. City Hall, 124 North Broadway, Crookston, MN 56716. November 14, 2014 270364 Wisconsin: Kenosha, (FEMA Docket No.: B-1430) City of Kenosha (14-05-2047P) The Honorable Keith G. Bosman, Mayor, City of Kenosha, 625 52nd Street, Room 300, Kenosha, WI 53140. 625 52nd Street, Room 308, Kenosha, WI 53140. November 4, 2014 550209 Ozaukee, (FEMA Docket No.: B-1430) City of Mequon (14-05-4216P) The Honorable Dan Abendroth, Mayor, City of Mequon, 11333 North Cedarburg Road, Mequon, WI 53092. 11333 North Cedarburg Road, Mequon, WI 53092. November 28, 2014 555564
    [FR Doc. 2015-15811 Filed 6-26-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5831-N-34] 30-Day Notice of Proposed Information Collection: Home Equity Conversion Mortgage (HECM) Counseling Standardization and Roster AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: July 29, 2015.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email at Colette [email protected] or telephone 202-402-3400. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD has submitted to OMB a request for approval of the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on March 25, 2015 at 80 FR 15804.

    A. Overview of Information Collection

    Title of Information Collection: Home Equity Conversion Mortgage (HECM) Counseling Standardization and Roster.

    OMB Approval Number: 2502-0586.

    Type of Request: Extension without change of a currently approved collection.

    Form Numbers: HUD-92904.

    Description of the need for the information and proposed use: Extension of currently approved collection to maintain current HUD approved HECM counselor roster in FHA Connection. Counseling is required for all borrowers seeking to obtain an HUD insured Home Equity Conversion Mortgage.

    Respondents: Individual or household.

    Estimated Number of Respondents: 205.

    Estimated Number of Responses: 605.

    Frequency of Response: On occasion.

    Average Hours per Response: 1.4.

    Total Estimated Burdens: 851.

    Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) 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;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: June 24, 2015. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2015-15900 Filed 6-26-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [156D0102DM DLSN00000.000000 DS61200000 DX61201] Agency Information Collection Activities: Renewal; Comment Request; OMB ID 1090-0011—DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY:

    Department of the Interior.

    ACTION:

    30-Day notice of submission of information collection to the Office of Management and Budget and request for public comments.

    SUMMARY:

    As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the U.S. Department of the Interior has submitted a Generic Information Collection Request (Generic ICR): “DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” to OMB for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.).

    DATES:

    Comments must be submitted by July 29, 2015.

    ADDRESSES:

    Written comments may be submitted to the Desk Officer for the Department of the Interior (OMB control #1090-0011) at the Office of Management and Budget (OMB) via email to [email protected] or via facsimile (202) 395-5806. Please also send a copy of your comments to Don Bieniewicz at DOI via email at [email protected] or via facsimile (202) 208-4867. Reference “DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” in your email subject line. Include your name and return address in your email message and mark your message for return receipt.

    FOR FURTHER INFORMATION CONTACT:

    Don Bieniewicz (202) 208-4915. You may also review the generic ICR online at http://www.reginfo.gov/public/do/PRAMain. Follow the instructions to review Department of the Interior collections under review by OMB.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The information collection activity will garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration's commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management.

    Feedback collected under this generic clearance will provide useful information, but it will not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential non-response bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic mechanisms that are designed to yield quantitative results.

    II. Data

    Title: DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.

    OMB Control Number: 1090-0011.

    Type of Review: Information Collection Renewal.

    Affected Public: Individuals and Households, Businesses and Organizations, State, Local or Tribal Government.

    Expected Annual Number of Activities: 100.

    Annual Respondents: 11,000 for surveys, 6,000 for comment cards, 500 for focus groups.

    Frequency of Response: Once per request.

    Annual Responses: 11,000 for surveys, 6,000 for comment cards, 500 for focus groups.

    Estimated Average Time per Response: 15 minutes for surveys, 2 minutes for comment cards, 2 hours for focus groups.

    Estimated Total Annual Burden Hours: 3,950.

    III. Request for Comments

    No comments were received in response to the 60-day notice published in the Federal Register on March 18, 2015 (80 FR 14158). We again request public comments on this proposed information collection. Your comments should address: (a) The necessity of the information collection for the proper performance of the agency, including whether the information will have practical utility; (b) the accuracy of our estimate of the burden; (c) ways we could enhance the quality, utility, and clarity of the information to be collected; and (d) ways we could minimize the burden of the collection on the respondents, such as through the use of automated collection techniques or other information technology.

    A federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number.

    Dated: June 23, 2015. Benjamin Simon, Assistant Director, Office of Policy Analysis, U.S. Department of the Interior.
    [FR Doc. 2015-15827 Filed 6-26-15; 8:45 am] BILLING CODE 4334-63-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [15X L1109AF LLUTW01100 L12320000.FU0000 LVRDUT240000 24 1A] Notice of Intent To Collect Fees on Public Land in Tooele and Rich Counties, UT AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of intent.

    SUMMARY:

    Pursuant to applicable provisions of the Federal Lands Recreation Enhancement Act (REA), the Salt Lake Field Office of the Bureau of Land Management (BLM) is proposing to begin collecting fees for overnight camping within two developed campgrounds.

    DATES:

    Effective six months after the publication of this notice, the BLM-Utah, Salt Lake Field Office would initiate fee collection at the Simpson Springs Campground Group Site and at the Little Creek Campground for both single occupancy campsites and group sites, unless the BLM publishes a Federal Register notice to the contrary.

    FOR FURTHER INFORMATION CONTACT:

    Ray Kelsey, Outdoor Recreation Planner, BLM-Salt Lake Field Office, 2370 South Decker Lake Blvd., West Valley City, Utah 84119, Phone: 801-977-4333, Email: [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to leave a message or question for the above individual. The FIRS is available 24 hours a day, 7 days a week. Replies are provided during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The Utah Resource Advisory Council (RAC), functioning as a Recreation Resource Advisory Committee (RRAC), will review the proposal to charge fees at the two campgrounds. Future adjustments in the fee amount will be made in accordance with the Salt Lake Field Office's publicly-reviewed recreation fee business plan covering the campgrounds. Fee adjustments will be made after consultation with the Utah RRAC and general public support for the proposed fees are documented in conformance with section 6803(c) of the REA.

    The two developed camping areas discussed in this notice are: Simpson Springs Campground (T. 9 S., R. 8 W, Sec. 18, SLM) and the Little Creek Campground (T. 11 N., R. 6 E., Sec. 24, SLM). Under section 6802(g)(2) of the REA, the campgrounds listed above qualify as sites wherein visitors can be charged an “Expanded Amenity Recreation Fee.”

    Visitors wishing to use the expanded amenities the BLM has developed at Simpson Springs and Little Creek Campgrounds would purchase a Recreation Use Permit as described at 43 CFR 2933. Pursuant to REA and implementing regulations at 43 CFR 2933, fees may be charged for overnight camping and group use reservations where specific amenities and services are provided. Specific visitor fees will be identified and posted at the developed campgrounds. Fees for individual sites at Little Creek Campground must be paid at the self-service pay station located at the camping areas. Fees for the Simpson Springs and Little Creek group sites must be paid for in advance with the Salt Lake Field Office. People holding the “America the Beautiful—The National Parks and Federal Recreational Lands Senior Pass” or an Annual Access Pass would be entitled to a 50 percent discount on all expanded amenity fees except those associated with group reservations. Fees charged for use of the group sites would include a non-refundable site reservation fee.

    The Simpson Springs Campground is located within the Pony Express Special Recreation Management Area (SRMA). Individual campsite fees have been charged at Simpson Springs for several decades, but a group camping site has not been established until now. Simpson Springs Campground offers a public water system, a toilet, an access road, regular patrols, fire rings, tent spaces, and picnic tables.

    The Little Creek Campground has existed with individual sites and a group picnic pavilion since the mid-1990s, but BLM has not proposed fees at this location until now. Little Creek Campground offers a public water system, a toilet, an access road, regular patrols, fire rings, tent spaces, refuse containers, and picnic tables.

    The BLM is committed to providing and receiving fair market value for the use of developed recreation facilities and services in a manner that meets public use demands, provides quality experiences and protects important resources. The BLM's policy is to collect fees at all specialized recreation sites, or where the BLM provides facilities, equipment or services at Federal expense, in connection with outdoor use as authorized by REA. In an effort to meet increasing demands for services and increased maintenance of developed facilities, the BLM would implement a fee program for the campgrounds. The BLM's mission for the campgrounds is to ensure that funding is available to maintain facilities and recreational opportunities, to provide for law enforcement presence, and to protect public health and safety and public land resources. This mission entails communication with those who will be most directly affected by the campgrounds such as recreationists, other recreation providers, partners, neighbors, elected officials, and other agencies.

    Camping and group use fees would be consistent with other established fee sites in the area including other BLM-administered sites and those managed by the United States Forest Service, National Park Service, and Utah State Parks and Recreation. Future adjustments in the fee amount will be made following the Salt Lake Field Office's recreation fee business plan covering the sites, in consultation with the Utah RRAC and other public stakeholders prior to a fee adjustment.

    In December 2004, the REA was signed into law. The REA provides authority for the Secretaries of the Interior and Agriculture to establish, modify, charge, and collect recreation fees for the use of some Federal recreation lands and waters, and contains specific provisions addressing public involvement in the establishment of recreation fees, including a requirement that RRACs or Councils have the opportunity to make recommendations regarding establishment of such fees. The REA also directed the Secretaries of the Interior and Agriculture to publish advance notice in the Federal Register whenever new recreation fee areas are established under their respective jurisdictions. In accordance with the BLM recreation fee program policy, the Salt Lake Field Office's draft Business Plan for Salt Lake Field Office Campgrounds explains the proposal to collect fees at the two campgrounds, the fee collection process, and how the fees will be used at the two campgrounds. The BLM provided the public an opportunity to comment on the draft Business Plan for Salt Lake Field Office Campgrounds from November 10, 2014 through January 12, 2015. The Utah RRAC will review the fee proposals at its next meeting, following REA guidelines. Fee amounts will be posted on-site, on the BLM-Salt Lake Field Office Web site and at the Salt Lake Field Office.

    Copies of the business plan will be available at Salt Lake Field Office and the BLM-Utah State Office.

    Authority:

    16 U.S.C. 6803(b).

    Jenna Whitlock, Acting State Director.
    [FR Doc. 2015-15793 Filed 6-26-15; 8:45 am] BILLING CODE 4310-DQ-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAC05000 L14400000.KD0000 15XL1109AF] Notice of Intent To Amend the Resource Management Plan and Prepare an Associated Environmental Assessment for the Ukiah Field Office, California, To Modify the Boundary of the Knoxville Area of Critical Environmental Concern and Identify Public Lands for Disposal AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Ukiah Field Office, Ukiah, California intends to prepare a Resource Management Plan (RMP) amendment with an associated Environmental Assessment (EA) to modify the boundary of the Knoxville Area of Environmental Concern (ACEC) and identify public lands for exchange in Lake, Napa and Yolo Counties. By this notice, the BLM is announcing the beginning of the scoping process to solicit public comments and identify issues.

    DATES:

    This notice initiates the public scoping process for the RMP amendment and associated EA. Comments on issues may be submitted in writing until 30 days after the date of this notice in the Federal Register. The date(s) and location(s) of any scoping meetings will be announced at least 15 days in advance through the local news media, newspapers and the BLM Web site at: www.blm.gov/ca/ukiah. In order to be included in the analysis, all comments must be received prior to the close of the 30-day scoping period or 15 days after the last public meeting, whichever is later. Additional opportunities for public participation will be provided as appropriate.

    ADDRESSES:

    You may submit comments on issues and planning criteria related to the RMP amendment EA by any of the following methods:

    Mail: Bureau of Land Management, Ukiah Field Office, 2550 North State Street, Ukiah, CA 95482

    Fax: 707-468-4027

    Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    The BLM Ukiah Field Office, telephone: 707-468-4000; address: Bureau of Land Management, Ukiah Field Office, 2550 North State Street, Ukiah, CA 95482; or email: [email protected] Contact Ms. Jonna Hildenbrand to have your name added to our mailing list. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    This document provides notice that the BLM Ukiah Field Office, Ukiah, California, intends to prepare an RMP amendment with an associated EA to modify the boundary of the Knoxville Area of Critical Environmental Concern and identify public lands for exchange. This notice announces the beginning of the scoping process, and seeks public input on issues and planning criteria. The planning area is located in Lake, Napa, and Yolo counties and encompasses approximately 170 acres of public land.

    In 1999, the BLM Ukiah Field Office was approached by Homestake Mining Company of California, about a proposed land exchange. The proposal stated that the BLM would dispose of four non-contiguous, scattered, and mostly non-accessible federal parcels comprising 170 acres in Lake, Napa, and Yolo counties. The BLM would acquire portions of two private parcels comprising approximately 345 acres in Napa County, California.

    The BLM initiated the exchange feasibility process in 2000 as required by the BLM's lands and realty policy and regulations. A feasibility analysis report was finalized for the proposed exchange and approved by the BLM California State Director with written concurrence and approval by the BLM Washington Office in 2007. The Record of Decision (ROD) for the Ukiah RMP was signed on September 25, 2006. During preparation of the Ukiah RMP, the BLM lands identified for disposal as part of the land exchange were not clearly depicted on the map. As a result, some of the parcels were mistakenly included within an ACEC.

    Accordingly, the BLM is preparing to identify lands that were in the process of disposal prior to, during and after the ROD was signed. The RMP amendment will incorporate new relevant information and program guidance and policies developed since the 2006 ROD.

    The proposed exchange would assist in meeting the goals and objectives of the RMP by acquiring willingly offered private lands to consolidate land ownership while also disposing of scattered tracts where federal management for recreation and resource enhancement is impractical. Additionally, this will satisfy agreements created prior to the RMP between all the parties involved in the exchange.

    The purpose of the exchange is to acquire private lands to enhance legal public access primarily for recreational opportunities and values which include off highway vehicle use, camping, hunting, hiking, backpacking, mountain biking, and scenic and wildlife viewing within the Knoxville Recreation Area.

    The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis, including alternatives, and guide the planning process. Preliminary issues for the plan amendment area have been identified by BLM personnel; Federal, State, and local agencies; and other stakeholders. The issues include recreation management, fire management, and the designation and management of special areas such as ACECs and public lands identified as suitable for disposal through land exchange under section 206 of FLPMA. Preliminary planning criteria include:

    1. Compliance with FLPMA, NEPA, and all other applicable laws;

    2. Coordination with local and county governments for analysis of economic and social impacts;

    3. Government-to-government consultation with federally recognized Tribes;

    4. Consideration of cost effectiveness of proposed actions and alternatives; and

    5. Consideration of impacts to visitors and resources.

    You may submit comments on issues and planning criteria in writing to the BLM at any public scoping meeting, or you may submit them to the BLM using one of the methods listed in the ADDRESSES section above. You should submit comments by the close of the 30-day scoping period or within 15 days after the last public meeting, whichever is later.

    The BLM will provide opportunities for public participation as required by NEPA and the National Historic Preservation Act (NHPA). Information about historic and cultural resources within the area potentially affected by the proposed action will assist the BLM in identifying and evaluating impacts to such resources in the context of NEPA and NHPA.

    The BLM will utilize and coordinate the NEPA scoping process to help fulfill the public involvement process under NHPA (54 U.S.C. 306108) as provided by 36 CFR 800.2(d)(e). The information about historic and cultural resources within the area potentially affected by the proposed action will assist the BLM in identifying and evaluating impacts to such resources.

    The BLM will consult with Indian Tribes on a government-to-government basis in accordance with Executive Order 13175 and other policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources, will be given due consideration. Federal, State, and local agencies, along with Tribes and other stakeholders that may be interested in or affected by the proposed action the BLM is evaluating are invited to participate in the scoping process and, if eligible, may request or be requested by the BLM to participate in the development of the environmental analysis as a cooperating agency.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The BLM will evaluate identified issues and will place them into one of three categories:

    1. Issues to be resolved in the plan amendment;

    2. Issues to be resolved through policy or administrative action; or

    3. Issues beyond the scope of this plan amendment.

    The BLM will provide an explanation in the EA as to why an issue was placed in category two or three. The public is also encouraged to help identify any management questions and concerns that should be addressed in the plan. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns.

    The BLM will use an interdisciplinary approach to develop the plan amendment in order to consider the variety of resource issues and concerns identified. Specialists with expertise in the following disciplines will be involved in the planning process: Rangeland management, minerals and geology, outdoor recreation, archaeology, paleontology, wildlife and fisheries, lands and realty, hydrology, soils, and sociology and economics.

    Authority:

    40 CFR 1501.7 and 43 CFR 1610.2

    Rich Burns, Ukiah Field Manager.
    [FR Doc. 2015-15794 Filed 6-26-15; 8:45 am] BILLING CODE 4310-40-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAZ931000-15X-L13100000-FI0000-P; AZA36181, AZA36182] Notice of Proposed Reinstatement of Terminated Oil and Gas Leases AZA36181 and AZA36182, Arizona AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    Per the Mineral Leasing Act of 1920, Vanterra Energy, Inc., timely filed a petition for a Class II reinstatement of competitive oil and gas leases AZA36181 and AZA36182, in Mohave County, Arizona. The lessee paid the required rentals accruing from the date of termination. No leases were issued that affect these lands.

    FOR FURTHER INFORMATION CONTACT:

    Amy Thrower, Supervisory Land Law Examiner, Lands and Minerals Division, Bureau of Land Management, Arizona State Office, One North Central Avenue, Suite 800, Phoenix, Arizona 85004-4427, Phone: 602-417-9334, email: [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The lessees agree to new lease terms for rentals and royalties of $10 per acre, or fraction thereof, per year, and 162/3 percent, respectively. The lessees paid the $500 administration fee for the reinstatement of the lease and the $163 cost for publishing this notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920. We are proposing to reinstate the lease, effective from the date of termination and subject to the:

    • Original terms and conditions of the lease;

    • Increased rental of $10 per acre;

    • Increased royalty of 162/3 percent; and

    • $163 cost of publishing this notice.

    Rebecca Heick, Acting Deputy State Director, Lands and Minerals Division.
    [FR Doc. 2015-15791 Filed 6-26-15; 8:45 am] BILLING CODE 4310-32-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAKA02000.L14300000.NJ0000] Notice of Realty Action: Proposed Non-Competitive (Direct) Sale of Public Land in Slana, Alaska AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of realty action.

    SUMMARY:

    The Bureau of Land Management (BLM) is proposing a non-competitive (direct) sale of 15 acres of public land in Slana, Alaska, to the adjacent private landowner, Mr. Joseph G. Riley. The sale would take place under the provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), at no less than the appraised fair market of value (FMV) of $12,000, to resolve an unauthorized use of public lands as a result of a failed trade and manufacturing claim.

    DATES:

    The BLM must receive written comments regarding the proposed sale on or before August 13, 2015.

    ADDRESSES:

    You may submit comments concerning this notice to BLM Glennallen Field Office, Attn: Dennis Teitzel, Field Manager, P.O. Box 147, Glennallen, AK 99588-0147.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Hart, Realty Specialist, phone 907-822-3217, at the above address. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to leave a message or question for the above individual. The FIRS is available 24 hours a day, 7 days a week. You will receive a reply during the normal business hours.

    SUPPLEMENTARY INFORMATION:

    The BLM will conduct a direct sale for the following parcel and is subject to the applicable provisions of Sections 203 and 209 of FLPMA and 43 CFR parts 2711 and 2720:

    Copper River Meridian, Alaska T. 12 N., R. 9 E., Sec. 26, SW1/4NE1/4NE1/4NW1/4, SE1/4NW1/4NE1/4NW1/4, E1/2NW1/4SE1/4NE1/4NW1/4, W1/2NE1/4SE1/4NE1/4NW1/4, NW1/4NE1/4NW1/4NW1/4, NE1/4NE1/4NW1/4NW1/4, and NE1/4NW1/4NW1/4NW1/4.

    The area described contains 15 acres.

    The sale is in conformance with the East Alaska Resource Management Plan, approved September 2007, decision I-3-b-1, which allows the BLM to enter into a direct sale of public land at FMV to a failed claimant where improvements exist that are still owned, occupied, or used by the claimant. The BLM will offer the lands to Mr. Joseph G. Riley on a non-competitive basis pursuant to 43 CFR 2711.3-3(a)(5), because a direct sale would best serve the public interest in order to resolve the unauthorized use or occupancy of these lands.

    The BLM has completed a mineral potential report that concludes there are no locatable mineral values. The BLM proposes that conveyance of the Federal mineral interests would occur simultaneously with the sale of the land.

    Upon publication of this Notice in the Federal Register, the above-described lands will be segregated from all forms of appropriation under the public land laws, including the mining laws, except for the sale provisions of FLPMA.

    Until completion of the sale, the BLM will no longer accept land use applications affecting the identified public lands, except applications for the amendment of previously filed right-of-way applications or existing authorizations to increase the term of the grants in accordance with 43 CFR 2807.15 and 2886.15. The land would not be sold until at least August 28, 2015. The segregation terminates upon issuance of a patent, publication in the Federal Register of a termination of the segregation, or on June 29, 2017, unless extended by the BLM Alaska State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. Mr. Riley would be required to pay a $50 nonrefundable filing fee for processing the conveyance of the mineral interests. Conveyance of the identified public land will be subject to valid existing rights and encumbrances of record, including but not limited to, rights-of-way for roads, and public utilities. The patent, if issued, would be subject to the following terms, conditions, and reservations:

    1. A reservation of a right-of-way to the United States for ditches and canals constructed by authority of the United States under the Act of August 30, 1890 (43 U.S.C. 945);

    2. A condition that the conveyance be subject to valid existing rights of record, including right-of-way AA-87119 to the Suslositna Homeowners Association and right-of-way AA-093265 to the BLM;

    3. An appropriate indemnification clause protecting the United States from claims arising out of the patentee's use, occupancy, or operations on the patented lands; and

    4. Additional terms and conditions that the authorized officer deems appropriate.

    Detailed information concerning the proposed land sale including an appraisal, a mineral report, and planning and environmental documents, are available for review at the BLM Glennallen Field Office at the above address or by calling 907-822-3217 during normal business hours of 8 a.m.-4:30 p.m., Monday through Friday, except for Federal holidays.

    You may submit public comments regarding the sale in writing to the attention of the BLM Glennallen Field Manager (see ADDRESSES above) on or before August 13, 2015. The BLM will not consider comments received in electronic form, such as email or facsimile.

    Any adverse comments regarding this sale will be reviewed by the BLM State Director or other authorized official of the Department of the Interior, who may sustain, vacate, or modify this realty action in whole or in part. In the absence of timely filed objections, this realty action will become the final determination of the Department of the Interior. Before including your address, phone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so.

    Authority:

    43 CFR 2710 and 2711.

    Callie Webber, Acting District Manager, Anchorage District.
    [FR Doc. 2015-15792 Filed 6-26-15; 8:45 am] BILLING CODE 4310-JA-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [F-19155-16; LLAK940100-L14100000-HY0000-P] Alaska Native Claims Selection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of decision approving lands for conveyance.

    SUMMARY:

    The Bureau of Land Management (BLM) will issue an appealable decision approving conveyance of the surface and subsurface estates in the lands described below to Doyon, Limited, pursuant to the Alaska Native Claims Settlement Act.

    DATES:

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4. Please see the SUPPLEMENTARY INFORMATION section for the time limits for appealing the decision.

    ADDRESSES:

    A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504.

    FOR FURTHER INFORMATION CONTACT:

    The BLM by phone at 907-271-5960 or by email at [email protected] Persons who use a Telecommunications Device for the Deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the BLM during normal business hours. In addition, the FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the BLM. The BLM will reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision will be issued by the BLM to Doyon, Limited. The decision approves conveyance of the surface and subsurface estates in the lands described below pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601, et seq). The lands are in the vicinity of Nulato and Kaltag, Alaska, and are described as:

    Kateel River Meridian, Alaska T. 8 S., R. 2 E., Secs. 3 and 4; Secs. 9 and 10; Secs. 15 to 22, inclusive; Secs. 27 to 32, inclusive. Containing 11,361.28 acres. T. 12 S., R. 2 E., Secs. 1, 2, and 3; Secs. 10 to 15, inclusive; Secs. 21 and 22. Containing 4,828.66 acres. T. 10 S., R. 4 E., Secs. 7 and 18. Containing 1,039.04 acres Aggregating 17,228.98 acres.

    Notice of the decision will also be published once a week for four consecutive weeks in the Fairbanks Daily News-Miner.

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:

    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, and parties who receive a copy of the decision by regular mail which is not certified, return receipt requested, shall have until July 29, 2015 to file an appeal.

    2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by electronic means, such as facsimile or email, will not be accepted as timely filed.

    Richard Thwaites, Land Transfer Resolution Specialist, Division of Lands and Cadastral.
    [FR Doc. 2015-15950 Filed 6-26-15; 8:45 am] BILLING CODE 4310-JA-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [L63340000.DV0000 LLOR9360000: OROR-68370] Notice of Proposed Withdrawal and Notification of Public Meetings; Oregon AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    On behalf of the Bureau of Land Management (BLM) and the United States Forest Service (USFS), the Assistant Secretary for Land and Minerals Management proposes to withdraw, subject to valid existing rights, approximately 5,216.18 acres of BLM-managed public domain and Revested Oregon California Railroad lands (O&C) and 95,805.53 acres of National Forest System lands for 5 years to preserve the status quo while Congress considers legislation to permanently withdraw those areas. Such legislation is currently pending in the 114th Congress as S. 346 and H.R. 682 and identified as the “Southwestern Oregon Watershed and Salmon Protection Act of 2015.” Subject to valid existing rights, this notice segregates the lands described below for 2 years from settlement, sale, location, and entry under the public land laws, location and entry under the United States mining laws, and operation of the mineral and geothermal leasing laws. This notice gives the public an opportunity to comment on the application and also provides notification of future public meetings.

    DATES:

    Comments must be made by September 28, 2015. A notice of public meetings will be announced at a later date as described in the SUPPLEMENTARY INFORMATION section of this notice.

    ADDRESSES:

    Written comments should be sent to the Bureau of Land Management, Oregon State Office, P.O. Box 2965, Portland, Oregon 97208-2965.

    FOR FURTHER INFORMATION CONTACT:

    Michael L. Barnes, Oregon State Office, Bureau of Land Management, at 503-808-6155 or by email [email protected] or Candice Polisky, USFS Pacific Northwest Region, at 503-808-2479. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to reach either of the above individuals. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The applicant is the Bureau of Land Management and its petition/application requests the Secretary to withdraw, subject to valid existing rights, the following described public domain, O&C, and National Forest System lands from settlement, sale, location, and entry under the public land laws, location and entry under the United States mining laws, and operation of the mineral and geothermal leasing laws for 5 years to preserve the status quo while Congress considers legislation to permanently withdraw those areas:

    Public Domain Lands Willamette Meridian T. 36 S., R. 14 W., Sec. 24, E1/2SE1/4; Sec. 25, SE1/4SE1/4. T. 37 S., R. 14 W., Sec. 1, lots 1 to 4, inclusive, S1/2N1/2, N1/2SW1/4, SE1/4SW1/4, and SE1/4; Sec. 2, lots 1 and 2, S1/2NE1/4, and E1/2SE1/4; Sec. 11, E1/2; Sec. 12, E1/2, E1/2NW1/4, NE1/4SW1/4, and S1/2SW1/4; Sec. 13, N1/2N1/2 and SE1/4; Sec. 14, NE1/4NE1/4 and SE1/4NW1/4; Sec. 23, SE1/4NE1/4; Sec. 24, NE1/4NE1/4, S1/2NE1/4, NW1/4NW1/4, S1/2NW1/4, and S1/2. T. 40 S., R. 8 W., Sec. 18, SW1/4NE1/4NE1/4, W1/2NE1/4, SE1/4NE1/4, W1/2, and W1/2SE1/4; Sec. 19, NW1/4NE1/4; Sec. 20, NW1/4NW1/4. T. 41 S., R. 9 W., Sec. 3, lots 2, 3, and 4, and S1/2NW1/4; Sec. 9. Revested Oregon California Railroad Grant Lands (O&C) Willamette Meridian T. 39 S., R. 8 W., Sec. 31, un-numbered lots in the W1/2NW1/4 and W1/2SW1/4, E1/2NW1/4, and NE1/4SW1/4. T. 40 S., R. 8 W., Sec. 7, lots 1 and 2, E1/2SW1/4, SW1/4SW1/4, and SW1/4SE1/4; Sec. 17, W1/2NE1/4, SE1/4NE1/4, W1/2, and NW1/4SE1/4.

    The areas described aggregate approximately 5,216.18 acres, more or less, in Curry and Josephine Counties.

    Siskiyou National Forest Willamette Meridian T. 36 S., R. 13 W., Sec. 19, lots 2 to 6, 12, 13, 15, and 16, inclusive; Sec. 20, SW1/4NE1/4, NW1/4, and SW1/4SE1/4; Sec. 21, E1/2 and SE1/4SW1/4; Sec. 29, NW1/4; Sec. 30 and 31; Protraction Blocks 43 to 46, inclusive. T. 37 S., R. 13 W., Secs. 8, 9, 10, 16, 17, 20, 21, 28, and 29; Protraction Blocks 39 thru 51, inclusive. T. 38 S., R. 13 W., Sec. 5, SW1/4; Sec. 6, lots 1 to 7, inclusive, S1/2NE1/4, SE1/4NW1/4, E1/2SW1/4, and SE1/4; Sec. 7, lots 1, 2, 3, and 5, NE1/4, E1/2NW1/4, NE1/4SW1/4, NE1/4SW1/4SW1/4, NE1/4SE1/4SW1/4, and SE1/4SE1/4SW1/4. Sec. 8, N1/2. T. 39 S., R. 9 W., Sec 19; Sec. 20, SW1/4NE1/4, NW1/4, SW1/4, and W1/2SE1/4; Sec. 29 to 32, inclusive; Sec. 35, NE1/4NE1/4, S1/2NE1/4, SW1/4, and SE1/4. T. 39 S., R. 10 W., Protraction Block 46. T. 40 S., R. 9 W., Sec. 1, unnumbered lots in the N1/2NE1/4 and N1/2NW1/4, SW1/4NE1/4, S1/2NW1/4, SW1/4, and W1/2SE1/4; Sec. 2, lots 1 to 7, inclusive, SW1/4NE1/4, S1/2NW1/4, SW1/4, and W1/2SE1/4; Sec. 3, lots 1 and 2, S1/2NE1/4, S1/2NW1/4, and S1/2; Sec. 4, S1/2NE1/4, S1/2NW1/4, and S1/2; Sec. 5, lots 2, 3, and 4, S1/2NE1/4, S1/2NW1/4, and S1/2; Secs. 6 to 11, inclusive; Sec. 13, NE1/4, S1/2NE1/4NW1/4, S1/2NW1/4, and S1/2; Sec. 14, NE1/4, N1/2NW1/4, N1/2SW1/4NW1/4, SE1/4SW1/4NW1/4, SE1/4NW1/4, N1/2NE1/4SW1/4, SW1/4NW1/4SW1/4, SW1/4SW1/4, N1/2SE1/4, and SE1/4SE1/4; Secs. 15 to 22, inclusive; Sec. 23, W1/2NE1/4NW1/4, W1/2NW1/4, NW1/4SE1/4NW1/4, and W1/2SW1/4; Secs. 27 to 33, inclusive; Sec. 34, lots 1 to 8, inclusive, N1/2NE1/4, SW1/4NE1/4, and NW1/4SE1/4. T. 40 S., R. 10 W., Sec. 2, lot 1, SW1/4NE1/4, SE1/4SW1/4, E1/2SE1/4, and SW1/4SE1/4; Sec. 3, SW1/4SW1/4; Sec. 4, SE1/4SE1/4; Sec. 8, SE1/4; Sec. 9, NE1/4, S1/2NW1/4, and S1/2; Sec. 10; Sec. 11, NE1/4, E1/2NW1/4, S1/2NW1/4NW1/4, S1/2NW1/4, SW1/4, and SE1/4; Secs. 14, 15, and 16; Sec. 17, E1/2NE1/4, SW1/4NE1/4, E1/2SW1/4, SW1/4SW1/4, and SE1/4; Sec. 19, S1/2NE1/4NE1/4, S1/2NE1/4, E1/2SW1/4, and SE1/4; Secs. 20 to 23, and 26 to 30, inclusive; Protraction Blocks 37 to 47, inclusive. T. 40 S., R. 11 W., Sec. 4, lots 3 and 4, and SW1/4NW1/4; Secs. 5 and 8; Sec. 9, SW1/4NW1/4, W1/2SW1/4, SE1/4SW1/4, and SW1/4SE1/4; Sec. 16; Sec. 17, E1/2NE1/4, NE1/4SE1/4, SE1/4SW1/4, and S1/2SE1/4; Sec. 20, E1/2, E1/2NW1/4, and SW1/4; Sec. 21; Sec. 27, W1/2; Sec. 28; Sec. 29, NE1/4, NE1/4NW1/4, N1/2SE1/4, and SE1/4SE1/4; Protraction Blocks 39, 40, 41, and 43. T. 41 S., R. 9 W., Secs. 4 to 8, inclusive, and 17 and 18. T. 41 S, R. 10 W., Secs. 1 to 18, inclusive. T. 41 S., R. 11 W., Sec. 1; Sec. 2, E1/2NE1/4, SW1/4NE1/4, W1/2SW1/4NW1/4, W1/2NW1/4SW1/4, and SE1/4; Secs. 3 and 4; Sec. 5, NE1/4, E1/2SW1/4, E1/2SW1/4SW1/4, and SE1/4; Sec. 8, E1/2, E1/2NW1/4, E1/2NW1/4NW1/4, E1/2SW1/4NW1/4, E1/2NE1/4SW1/4, and E1/2SE1/4SW1/4; Secs. 9 to 15, inclusive; Sec. 17, lots 1 to 4, inclusive, NE1/4, and N1/2S1/2; Sec. 18, lots 9, 10, 11, NE1/4SW1/4, and N1/2SE1/4.

    The areas described aggregate 95,805.53 acres of National Forest System lands in Josephine and Curry Counties.

    The following described non-Federal lands are within the exterior boundaries of the Southwestern Oregon Watershed and Salmon Protection Areas. If title to these non-Federal lands is subsequently acquired by the United States, the application requests that such lands become subject to the terms and conditions of the withdrawal.

    Willamette Meridian T. 37 S., R. 14 W., Sec. 1, SW1/4SW1/4; Sec. 12, W1/2NW1/4 and NW1/4SW1/4; Sec. 13, S1/2N1/2; Sec. 24, NW1/4NE1/4 and NE1/4NW1/4. T. 39 S., R. 9 W., Sec. 36. T. 41 S., R. 11 W., Sec. 16.

    The areas described aggregate 1,680.00 acres in Josephine and Curry Counties.

    The Assistant Secretary for Land and Minerals Management approved the BLM's petition/application. Therefore, the petition/application constitutes a withdrawal proposal of the Secretary of the Interior (43 CFR 2310.1-3(e)).

    The use of a right-of-way, interagency, or cooperative agreement would not adequately constrain non-discretionary uses that may result in disturbance of the lands embraced within the Southwestern Oregon Watershed and Salmon Protection Areas.

    There are no suitable alternative sites as the described lands contain the resource values to be protected.

    No water rights will be needed to fulfill the purpose of the proposed withdrawal.

    Records relating to the application may be examined by contacting the BLM at the above address and phone number.

    For a period until September 28, 2015, all persons who wish to submit comments, suggestions, or objections in connection with the proposed withdrawal application may present their views in writing to the Oregon State Director, BLM, at the above address. Information regarding the withdrawal application will be available for public review at the BLM Oregon State Office during regular business hours, 8:45 a.m. to 4:30 p.m. Monday through Friday, except Federal holidays. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. Individuals who submit written comments may request confidentiality by asking us in your comment to withhold your personal identifying information from public review; however, we cannot guarantee that we will be able to do so.

    Notice is hereby given that there will be several public meetings held in connection with the proposed withdrawal. A notice of the times and places of the public meetings will be announced at least 30 days in advance in the Federal Register and through local media, newspapers, and the BLM and the USFS Web sites.

    For a period until June 29, 2017, subject to valid existing rights, the public and National Forest System lands described in this notice will be segregated from settlement, sale, location, and entry under the public land laws, location and entry under the United States mining laws, and operation of the mineral and geothermal leasing laws, unless the application is denied or canceled or the withdrawal is approved prior to that date.

    Licenses, permits, cooperative agreements, or discretionary land use authorizations of a temporary nature that will not significantly impact the values to be protected by the withdrawal may be allowed with the approval of the authorized officer of the BLM or the USFS during the temporary segregation period.

    The application will be processed in accordance with the regulations set forth in 43 CFR part 2300.

    Fred O'Ferrall, Chief, Branch of Land, Minerals, and Energy Resources.
    [FR Doc. 2015-15954 Filed 6-26-15; 8:45 am] BILLING CODE 3111-15-P
    DEPARTMENT OF JUSTICE Notice of Filing Proposed Bankruptcy Settlement Agreement Under the Resource Conservation and Recovery Act

    On June 22, 2015, the Debtors filed a proposed Settlement Agreement with the United States Bankruptcy Court for the Southern District of Mississippi in the bankruptcy proceedings of Mississippi Phosphates Corporation (“MPC”), et al., Chap. 11, Bankruptcy Case No. 14-51667—KMS (USBC S.D. Miss.).

    The Settlement Agreement provides for a covenant not to sue by EPA and the Mississippi Department of Environmental Quality (referred to collectively as “Environmental Agencies”) under the Resource Conservation and Recovery Act (“RCRA”), the Clean Air Act (“CAA”), the Clean Water Act (“CWA”), and the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against MPC, its subsidiaries, Ammonia Tank Subsidiary, Inc. and Sulfuric Acid tank Subsidiary, Inc, (collectively “Debtors”), MPC's non-debtor parent Phosphate Holdings Inc. (“PHI”), and the Lenders of the Debtors for environmental conditions at MPC's Facility in Pascagoula, Mississippi (the “Facility”), and for possible related causes of action against the Lenders for fraud, equitable subordination and debt recharacterization.

    The Settlement Agreement, in general terms, provides: (a) Either (i) a sales process for all or substantially all of the assets of the bankruptcy estates, which will result in the assumption of environmental liabilities to the Environmental Agencies related to the Debtors' assets, including satisfaction of the financial assurance requirements of the Environmental Agencies under non-bankruptcy law or, (ii) in the alternative, a transfer of the assets of the bankruptcy estates to two trusts (the Liquidation Trust and Environmental Trust) one of which, the Liquidation Trust, receives substantially all assets other than the phosphogypsum stacks (“Gyp Stacks”) to market for sale with a distribution structure for sales proceeds for payment of the claims of the Lenders, and for funding environmental actions taken by the Environmental Trust (which takes ownership of the Gyp Stacks), and for distribution to the bankruptcy estates.

    The publication of this notice opens a period for public comment on the Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re Mississippi Phosphates Corporation, D.J. Ref. No. 90-7-1-08388/18. All comments must be submitted no later than fifteen (15) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit
  • comments:
  • Send them to:
    By email [email protected]. By mail Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area.

    During the public comment period, the Settlement Agreement may be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Settlement Agreement upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $19.25 (25 cents per page reproduction cost) payable to the United States Treasury.

    Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2015-15808 Filed 6-26-15; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF LABOR Mine Safety and Health Administration Brookwood-Sago Mine Safety Grants AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Solicitation for Grant Applications (SGA).

    Announcement Type: New.

    Funding Opportunity Number: SGA 15-3BS.

    Catalog of Federal Domestic Assistance (CFDA) Number: 17.603.

    SUMMARY:

    The U.S. Department of Labor (DOL), Mine Safety and Health Administration (MSHA), is making $1,000,000 available in grant funds for education and training programs to help identify, avoid, and prevent unsafe working conditions in and around mines. The focus of these grants for Fiscal Year (FY) 2015 will be on training and training materials for mine emergency preparedness and mine emergency prevention for all underground mines. Applicants for the grants may be States and nonprofit (private or public) entities, including U.S. territories, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, and Native Hawaiian organizations. MSHA will award no more than 20 grants. The amount of each individual grant will be at least $50,000.00 and the maximum individual award will be $250,000. This notice contains all of the information needed to apply for grant funding.

    DATES:

    The closing date for applications will be August 29, 2015, (no later than 11:59 p.m. EDST). MSHA will award grants on or before September 30, 2015.

    ADDRESSES:

    Grant applications for this competition must be submitted electronically through the Grants.gov site at www.grants.gov. If applying online poses a hardship to any applicant, the MSHA Directorate of Educational Policy and Development will provide assistance to help applicants submit online.

    FOR FURTHER INFORMATION CONTACT:

    Any questions regarding this solicitation for grant applications (SGA 15-3BS) should be directed to Janice Oates at [email protected] or 202-693-9573 (this is not a toll-free number) or Teresa Rivera at [email protected] or 202-693-9581 (this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    This solicitation provides background information and the requirements for projects funded under the solicitation. This solicitation consists of eight parts:

    • Part I provides background information on the Brookwood-Sago grants.

    • Part II describes the size and nature of the anticipated awards.

    • Part III describes the qualifications of an eligible applicant.

    • Part IV provides information on the application and submission process.

    • Part V explains the review process and rating criteria that will be used to evaluate the applications.

    • Part VI provides award administration information.

    • Part VII contains MSHA contact information.

    • Part VIII addresses Office of Management and Budget (OMB) information collection requirements.

    I. Program Description A. Overview of the Brookwood-Sago Mine Safety Grant Program

    Responding to several coal mine disasters, Congress enacted the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). When Congress passed the MINER Act, it expected that requirements for new and advanced technology, e.g., fire-resistant lifelines and increased breathable air availability in escapeways, would increase safety in mines. The MINER Act also required that every underground coal mine have persons trained in emergency response. Congress emphasized its commitment to training for mine emergencies when it strengthened the requirements for the training of mine rescue teams. Recent events demonstrate that training is the key for proper and safe emergency response and that all miners working in underground mines should be trained in emergency response.

    Under Section 14 of the MINER Act, the Secretary of Labor (Secretary) is required to establish a competitive grant program called the “Brookwood-Sago Mine Safety Grants” (Brookwood-Sago grants). This program provides funding for education and training programs to better identify, avoid, and prevent unsafe working conditions in and around mines. This program will use grant funds to establish and implement education and training programs or to create training materials and programs. The MINER Act requires the Secretary to give priority to mine safety demonstrations and pilot projects with broad applicability. It also mandates that the Secretary emphasize programs and materials that target miners in smaller mines, including training mine operators and miners on new MSHA standards, high-risk activities, and other identified safety priorities.

    B. Education and Training Program Priorities

    MSHA priorities for the FY 2015 funding of the annual Brookwood-Sago grants will focus on training or training materials for mine emergency preparedness and mine emergency prevention for all underground mines. MSHA expects Brookwood-Sago grantees to develop training materials or to develop and provide mine safety training or educational programs, recruit mine operators and miners for the training, and conduct and evaluate the training.

    MSHA expects Brookwood-Sago grantees to conduct follow-up evaluations with the people who received training in their programs to measure how the training promotes the Secretary's goal to “lmprove workplace safety and health” and MSHA's goal to “Prevent death, disease and injury from mining and promote safe and healthful workplaces for the Nation's miners.” Evaluations will focus on determining how effective their training was in either reducing hazards, improving skills for the selected training topics, or in improving the conditions in mines. Grantees must also cooperate fully with MSHA evaluators of their programs.

    II. Federal Award Information A. Award Amount for FY 2015

    MSHA is providing $1,000,000 for the 2015 Brookwood-Sago grant program which could be awarded in a maximum of 20 separate grants of no less than $50,000 each. Applicants requesting less than $50,000 or more than $250,000 for a 12-month performance period will not be considered for funding.

    B. Period of Performance

    MSHA may approve a request for a one time no-cost extension to grantees for an additional period from the expiration date of the annual award based on the success of the project and other relevant factors. See 2 CFR 200.308(d)(2).

    III. Eligibility Information A. Eligible Applicants

    Applicants for the grants may be States and nonprofit (private or public) entities, including U.S. territories, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, and Native Hawaiian organizations. Eligible entities may apply for funding independently or in partnership with other eligible organizations. For partnerships, a lead organization must be identified.

    Applicants other than States (including U.S. territories) and State-supported or local government-supported institutions of higher education will be required to submit evidence of nonprofit status, preferably from the Internal Revenue Service (IRS). A nonprofit entity as described in 26 U.S.C. 501(c)(4), which engages in lobbying activities, is not eligible for a grant award. See 2 U.S.C. 1611.

    Legal Rules Pertaining to Inherently Religious Activities by Organizations that Receive Federal Financial Assistance.

    The government generally is prohibited from providing direct Federal financial assistance for inherently religious activities. See 29 CFR part 2, subpart D. Grants under this solicitation may not be used for religious instruction, worship, prayer, proselytizing, or other inherently religious activities. Neutral, non-religious criteria that neither favor nor disfavor religion will be employed in the selection of grant recipients and must be employed by grantees in the selection of contractors and subcontractors.

    B. Cost-Sharing or Matching

    Cost-sharing or matching of funds is not required for eligibility.

    IV. Application and Submission Information A. Application Forms

    This announcement includes all information and links needed to apply for this funding opportunity. The full application is available through the Grants.gov Web site, www.grants.gov. Click the “Applicants” tab, then click “Apply for Grants”. The Catalog of Federal Domestic Assistance (CFDA) number needed to locate the appropriate application for this opportunity is 17.603. If an applicant has problems downloading the application package from Grants.gov, contact the Grants.gov Contact Center at 1-800-518-4726 or by email at [email protected].

    The full application package is also available online at www.msha.gov: Select “Education & Training Resources,” click on “Courses,” select “Brookwood-Sago Mine Safety Grants,” then select “SGA 15-3BS.” This Web site also includes all forms and all regulations that are referenced in this SGA. Applicants, however, must apply for this funding opportunity through the Grants.gov Web site. You may request paper copies of the material by contacting the Directorate of Educational Policy and Development at 202-693-9570.

    B. Content and Form of the FY 2015 Application

    Each grant application must address mine emergency preparedness or mine emergency prevention for underground mines. The application must consist of three separate and distinct sections. The three required sections are:

    • Section 1—Project Forms and Financial Plan (No page limit).

    • Section 2—Executive Summary (Not to exceed two pages).

    • Section 3—Technical Proposal (Not to exceed 12 pages). Illustrative material can be submitted as an attachment.

    The following are mandatory requirements for each section.

    1. Project Forms and Financial Plan

    This section contains the forms and budget section of the application. The Project Financial Plan will not count against the application page limits. A person with authority to bind the applicant must sign the grant application and forms. Applications submitted electronically through Grants.gov do not need to be signed manually; electronic signatures will be accepted.

    (a) Completed SF-424, “Application for Federal Assistance,” (OMB No. 4040-0004, expiration: 8/31/2016). This form is part of the application package on Grants.gov and is also available at www.msha.gov. The SF-424 must identify the applicant clearly and be signed by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual signing the SF-424 on behalf of the applicant shall be considered the representative of the applicant.

    (b) Completed SF-424A, “Budget Information for Non-Construction Programs,” (OMB No. 4040-0006, expiration: 6/30/2014). The project budget should demonstrate clearly that the total amount and distribution of funds is sufficient to cover the cost of all major project activities identified by the applicant in its proposal, and must comply with the Federal cost principles and the administrative requirements set forth in this SGA. (Copies of all regulations that are referenced in this SGA are available online at www.msha.gov. Select “Education & Training Resources,” click on “Courses,” then select “Brookwood-Sago Mine Safety Grants.”)

    (c) Budget Narrative. The applicant must provide a concise narrative explaining the request for funds. The budget narrative should separately attribute the Federal funds to each of the activities specified in the technical proposal and it should discuss precisely how any administrative costs support the project goals. Indirect administrative costs for these grants may not exceed 15%. These charges must be supported with a copy of an approved Indirect Cost Rate Agreement. Indirect costs are those that are not readily identifiable with a particular cost objective but nevertheless are necessary to the general operation of an organization.

    If applicable, the applicant must provide a statement about its program income. See 2 CFR 200.80 and 200.307 and this SGA, Part IV.F.1(a) and (b).

    The amount of Federal funding requested for the entire period of performance must be shown on the SF-424 and SF-424A forms.

    (d) Completed SF-424B, “Assurances for Non-Construction Programs,” (OMB No. 4040-0007, expiration: 6/30/2014). Each applicant for these grants must certify compliance with a list of assurances. This form is part of the application package on www.grants.gov and also is available at www.msha.gov.

    (e) Supplemental Certification Regarding Lobbying Activities Form. If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of a grant or cooperative agreement, the applicant shall complete and submit SF-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This form is part of the application package on www.grants.gov and is also available at www.msha.gov. Select “Education & Training Resources,” click on “Courses,” then select “Brookwood-Sago Mine Safety Grants.”

    (f) Non-profit status. Applicants must provide evidence of non-profit status, preferably from the IRS, if applicable.

    (g) Accounting System Certification. Under the authority of 2 CFR 200.207, MSHA requires that a new applicant that receives less than $1 million annually in Federal grants attach a certification stating that the organization (directly or through a designated qualified entity) has a functioning accounting system that meets the criteria below. The certification should attest that the organization's accounting system provides for the following:

    (1) Accurate, current, and complete disclosure of the financial results of each federally sponsored project.

    (2) Records that adequately identify the source and application of funds for federally sponsored activities.

    (3) Effective control over and accountability for all funds, property, and other assets.

    (4) Comparison of outlays with budget amounts.

    (5) Written procedures to minimize the time elapsing between transfers of funds.

    (6) Written procedures for determining the reasonableness, allocability, and allowability of costs.

    (7) Accounting records, including cost accounting records that are supported by source documentation.

    (h) Attachments. The application may include attachments such as resumes of key personnel or position descriptions, exhibits, information on prior government grants, and signed letters of commitment to the project.

    2. Executive Summary

    The executive summary is a short one-to-two page abstract that succinctly summarizes the proposed project. MSHA will publish, as submitted, all grantees' executive summaries on the DOL Web site. The executive summary must include the following information:

    (a) Applicant. Provide the organization's full legal name and address.

    (b) Funding requested. List how much Federal funding is being requested.

    (c) Grant Topic. List the grant topic and the location and number of mine operators and miners that the organization has selected to train or describe the training materials or equipment to be created with these funds.

    (d) Program Structure. Identify the type of grant as “annual.”

    (e) Summary of the Proposed Project. Write a brief summary of the proposed project. This summary must identify the key points of the proposal, including an introduction describing the project activities and the expected results.

    3. Technical Proposal

    The technical proposal must demonstrate the applicant's capabilities to plan and implement a project or create educational materials to meet the objectives of this solicitation. MSHA's focus for these grants is on training mine operators and miners and developing training materials for mine emergency preparedness or mine emergency prevention for underground mines. A Department of Labor Strategic Goal is to “improve workplace safety and health”. MSHA has a performance goal to “prevent death, disease, and injury from mining and promote safe and healthful workplaces for the Nation's miners” and supporting strategies to “strengthen and modernize training and education” and “improve mine emergency response preparedness.” MSHA's award of the Brookwood-Sago grants supports these goals and strategies. To show how the grant projects promote these goals and strategies, grantees must report, on a quarterly basis, the following information (as applicable):

    Number of trainers trained Number of mine operators and miners trained Number trained as responsible persons Number of persons trained in smoke Number of training events Number of course days of training provided to industry Course evaluations of trainer and training material Description of training materials created, to include target audience, goals and objectives, and usability in the mine training environment.

    The technical proposal narrative must not exceed 12 single-sided, double-spaced pages, using 12-point font, and must contain the following sections: Program Design, Overall Qualifications of the Applicant, and Output and Evaluation. Any pages over the 12-page limit will not be reviewed. Attachments to the technical proposal are not counted toward the 12-page limit. Major sections and sub-sections of the proposal should be divided and clearly identified. As required in Part VI subpart E “Transparency,” a grantee's final technical proposal will be posted “as is” on MSHA's Web site unless MSHA receives a version redacting any proprietary, confidential business, or personally identifiable information no later than two weeks after receipt of the Notice of Award.

    MSHA will review and rate the technical proposal in accordance with the selection criteria specified in Part V.

    (a) Program Design

    (1) Statement of the Problem/Need for Funds. Applicants must identify a clear and specific need for proposed activities. They must identify whether they are providing a training program, creating training materials, or both. Applicants also must identify the number of individuals expected to benefit from their training and education program; this should include identifying the type of underground mines, the geographic locations of the training, and the number of mine operators and miners. Applicants must also identify other Federal funds they receive for similar activities.

    (2) Quality of the Project Design. MSHA requires that each applicant include a 12-month workplan that correlates with the grant project period that will begin no later than September 30, 2015 and end no later than September 29, 2016.

    (i) Plan Overview

    Describe the plan for grant activities and the anticipated results. The plan should describe such things as the development of training materials, the training content, recruiting of trainees, where or how training will take place, and the anticipated benefits to mine operators and miners receiving the training.

    (ii) Activities

    Break the plan down into activities or tasks. For each activity, explain what will be done, who will do it, when it will be done, and the anticipated results of the activity. For training, discuss the subjects to be taught, the length of the training sessions, type of training (e.g., Mine Emergency Response Development exercise), and training locations (e.g., classroom, worksites). Describe how the applicant will recruit mine operators and miners for the training. (Note: Any commercially developed training materials the applicant proposes to use in its training must undergo an MSHA review before being used).

    (iii) Quarterly Projections

    For training and other quantifiable activities, estimate the quantities involved for data required to meet the grant goals located in Part IV.B.3. For example, estimate how many classes will be conducted and how many mine operators and miners will be trained each quarter of the grant (grant quarters match calendar quarters, i.e., January to March, April to June, July to September, and October to December); except the first quarter is the date of award to the end of that calendar quarter). Also, provide the training number totals for the full year. Quarterly projections are used to measure the actual performance against the plan. Applicants planning to conduct a train-the-trainer program should estimate the number of individuals to be trained during the grant period by those who received the train-the-trainer training. These second-tier training numbers should be included only if the organization is planning to follow up with the trainers to obtain this data during the grant period.

    (iv) Materials

    Describe each educational material to be produced under this grant. Provide a timetable for developing and producing the material. The timetable must include provisions for an MSHA review of draft and camera-ready products or evaluation of equipment. MSHA must review and approve training materials or equipment for technical accuracy and suitability of content before use in the grant program. Whether or not an applicant's project is to develop training materials only, the applicant should provide an overall plan that includes time for MSHA to review any materials produced.

    (b) Qualifications of the Applicant (1) Applicant's Background

    Describe the applicant, including its mission, and a description of its membership, if any. Provide an organizational chart (the chart may be included as a separate page which will not count toward the page limit). Identify the following:

    (i) Project Director

    The Project Director is the person who will be responsible for the day-to-day operation and administration of the program. Provide the name, title, street address and mailing address (if it is different from the organization's street address), telephone and fax numbers, and email address of the Project Director.

    (ii) Certifying Representative

    The Certifying Representative is the official in the organization who is authorized to enter into grant agreements. Provide the name, title, street address and mailing address (if it is different from the organization's street address), telephone and fax numbers, and email address of the Certifying Representative.

    (2) Administrative and Program Capability

    Briefly describe the organization's functions and activities, i.e., the applicant's management and internal controls. Relate this description of functions to the organizational chart. If the applicant has received any other government (Federal, State or local) grant funding, the application must have, as an attachment (which will not count towards the page limit), information regarding these previous grants. This information must include each organization for which the work was done and the dollar value of each grant. If the applicant does not have previous grant experience, it may partner with an organization that has grant experience to manage the grant. If the organization uses this approach, the management organization must be identified and its grant program experience discussed. Lack of past experience with Federal grants is not a determining factor, but an applicant should show a successful experience relevant to the opportunity offered in the application. Such experience could include staff members' experiences with other organizations.

    (3) Program Experience

    Describe the organization's experience conducting the proposed mine training program or other relevant experience. Include program specifics such as program title, numbers trained, and duration of training. If creating training materials, include the title of other materials developed. Nonprofit organizations, including community-based and faith-based organizations that do not have prior experience in mine safety may partner with an established mine safety organization to acquire safety expertise.

    (4) Staff Experience

    Describe the qualifications of the professional staff you will assign to the program. Attach resumes of staff already employed (resumes will not count towards the page limit). If some positions are vacant, include position descriptions and minimum hiring qualifications instead of resumes. Staff should have, at a minimum, mine safety experience, training experience, or experience working with the mining community.

    (c) Outputs and Evaluations

    There are two types of evaluations that must be conducted. First, describe the methods, approaches, or plans to evaluate the training sessions or training materials to meet the data requirements in Part IV.B.3. Second, describe plans to assess the long-term effectiveness of the training materials or training conducted. The type of training given will determine whether the evaluation should include a process-related outcome or a result-related outcome or both. This will involve following up with an evaluation, or on-site review, if feasible, of miners trained. The evaluation should focus on what changes the trained miners made to abate hazards and improve workplace conditions, or to incorporate this training in the workplace, or both.

    For training materials, include an evaluation from individuals trained on the clarity of the presentation, organization, and the quality of the information provided on the subject matter and whether they would continue to use the training materials. Include timetables for follow-up and for submitting a summary of the assessment results to MSHA.

    C. Dunn and Bradstreet Universal Numbering System (DUNS) Number and System for Award Management (SAM)—Required

    Under 2 CFR 25.200(b)(3), every applicant for a Federal grant is required to include a DUNS number with its application. The DUNS number is a nine-digit identification number that uniquely identifies business entities. An applicant's DUNS number is to be entered into Block 8 of Standard Form (SF) 424. There is no charge for obtaining a DUNS number. To obtain a DUNS number, call 1-866-705-5711 or access the following Web site: http://fedgov.dnb.com/webform.

    After receiving a DUNS number, all grant applicants must register as a vendor with the System for Award Management (SAM) through the Web site www.sam.gov. Grant applicants must create a user account and register online. Submitted registrations will take up to 10 business days to process, after which the applicant will receive an email notice that the registration is active. Once the registration is active in SAM it takes an additional 24-48 hours for the registration to be active in grants.gov. Registrations expire after one year. SAM will send notifications to the registered user via email prior to expiration of the registration. Under 2 CFR 25.200(b)(2), each grant applicant must maintain an active registration with current information at all times during which it has an active Federal award or an application under active consideration.

    D. Submission Date, Times, and Addresses

    The closing date for applications will be August 25, 2015, (no later than 11:59 p.m. EDST). MSHA will award grants on or before September 30, 2015.

    Grant applications must be submitted electronically through the Grants.gov Web site. The Grants.gov site provides all the information about submitting an application electronically through the site as well as the hours of operation. Interested parties can locate the downloadable application package by the CFDA No. 17.603.

    1. Non-Compliant Applications

    (a) Applications that are lacking any of the required elements or do not follow the format prescribed in IV.B. will not be reviewed.

    (b) Late Applications

    You are cautioned that applications should be submitted before the deadline to ensure that the risk of late receipt of the application is minimized. Applications received after the deadline will not be reviewed unless it is determined to be in the best interest of the Government.

    Applications received by Grants.gov are date and time stamped electronically. Once an interested party has submitted an application, Grants.gov will notify the interested party with two emails: The first is an automatic notification of receipt that provides the applicant with a tracking number and the second notifies applicants that the application has been validated by Grants.gov and is being prepared for Agency retrieval. The DOL E-Grants system then receives the application automatically from Grants.gov for Agency review.

    An application must be fully uploaded and validated by the Grants.gov system before the application deadline date.

    E. Intergovernmental Review

    The Brookwood-Sago grants are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” MSHA however, reminds applicants that if they are not operating MSHA-approved State training grants, they should contact the State grantees and coordinate any training or educational program. Information about each state grant and the entity operating the state grant is provided online at: www.msha.gov/TRAINING/STATES/STATES.asp.

    F. Funding Restrictions

    MSHA will determine whether costs are allowable under the applicable Federal cost principles and other conditions contained in the grant award.

    1. Allowable Costs

    Grant funds may be spent on conducting training and outreach, developing educational materials, recruiting activities (to increase the number of participants in the program), and on necessary expenses to support these activities. Allowable costs are determined by the applicable Federal cost principles identified in Part VI.B, which are attachments in the application package, or are located online at www.msha.gov: Select “Education & Training Resources”, click on “Courses”, select “Brookwood-Sago Mine Safety Grants”. Paper copies of the material may be obtained by contacting the Directorate of Educational Policy and Development at 202-693-9570.

    (a) If an applicant anticipates earning program income during the grant period, the application must include an estimate of the income that will be earned. Program income earned must be reported on a quarterly basis.

    (b) Program income is gross income earned by the grantee which is directly generated by a supported activity, or earned as a result of the award. Program income earned during the award period shall be retained by the recipient, added to funds committed to the award, and used for the purposes and under the conditions applicable to the use of the grant funds. See 2 CFR 200.80 and 200.307.

    2. Unallowable Costs

    Grant funds may not be used for the following activities under this grant program:

    (a) Any activity inconsistent with the goals and objectives of this SGA (b) Training on topics that are not targeted under this SGA (c) Purchasing any equipment unless pre-approved and in writing by the MSHA grant officer (d) Indirect administrative costs that exceed 15% of the total grant budget (e) Any pre-award costs Unallowable costs also include any cost determined by MSHA as not allowed according to the applicable cost principles or other conditions in the grant. V. Application Review Information for FY 2015 Grants A. Evaluation Criteria

    MSHA will screen all applications to determine whether all required proposal elements are present and clearly identifiable. Those that do not comply with mandatory requirements will not be evaluated. The technical panels will review grant applications using the following criteria:

    1. Program Design—40 Points Total (a) Statement of the Problem/Need for Funds (3 Points)

    The proposed training and education program or training materials must address either mine emergency preparedness or mine emergency prevention.

    (b) Quality of the Project Design (25 Points)

    (1) The proposal to train mine operators and miners clearly estimates the number to be trained and clearly identifies the types of mine operators and miners to be trained.

    (2) If the proposal contains a train-the-trainer program, the following information must be provided:

    • What ongoing support the grantee will provide to new trainers • The number of individuals to be trained as trainers • The estimated number of courses to be conducted by the new trainers • The estimated number of students to be trained by these new trainers and a description of how the grantee will obtain data from the new trainers documenting their classes and student numbers if conducted during the grant period

    (3) The work plan activities and training are described.

    • The planned activities and training are tailored to the needs and levels of the mine operators and miners to be trained. Any special constituency to be served through the grant program is described, e.g., smaller mines, limited English proficiency miners, etc. Organizations proposing to develop materials in languages other than English also will be required to provide an English version of the materials.

    • If the proposal includes developing training materials, the work plan must include time during development for MSHA to review the educational materials for technical accuracy and suitability of content. If commercially developed training products will be used for a training program, applicants should also plan for MSHA to review the materials before using the products in their grant programs.

    • The utility of the educational materials is described.

    • The outreach or process to find mine operators, miners, or trainees to receive the training is described.

    (c) Replication (4 Points)

    The potential for a project to serve a variety of mine operators, miners, or mine sites, or the extent others may replicate the project.

    (d) Innovation (3 Points)

    The originality and uniqueness of the approach used.

    (e) MSHA's Performance Goals (5 Points)

    The extent the proposed project will contribute to MSHA's performance goals.

    2. Budget—20 Points Total

    (a) The budget presentation is clear and detailed. (15 points)

    The budgeted costs are reasonable.

    • No more than 15% of the total budget is for administrative costs.

    • The budget complies with Federal cost principles (which can be found in the applicable Office of Management and Budget (OMB) Circulars and with MSHA budget requirements contained in the grant application instructions).

    (b) The application demonstrates that the applicant has strong financial management and internal control systems. (5 points)

    3. Overall Qualifications of the Applicant—25 Points Total (a) Grant Experience (6 Points)

    The applicant has administered, or will work with an organization that has administered, a number of different Federal or State grants. The applicant may demonstrate this experience by having project staff that has experience administering Federal or State grants.

    (b) Mine Safety Training Experience (13 Points)

    • The applicant applying for the grant demonstrates experience with mine safety teaching or providing mine safety educational programs. Applicants that do not have prior experience in providing mine safety training to mine operators or miners may partner with an established mine safety organization to acquire mine safety expertise.

    • Project staff has experience in mine safety, the specific topic chosen, or in training mine operators and miners.

    • Project staff has experience in recruiting, training, and working with the population the organization proposes to serve.

    • Applicant has experience in designing and developing mine safety training materials for a mining program.

    • Applicant has experience in managing educational programs.

    (c) Management (6 Points)

    Applicant demonstrates internal control and management oversight of the project.

    4. Outputs and Evaluations—15 Points Total

    The proposal should include provisions for evaluating the organization's progress in accomplishing the grant work activities and accomplishments, evaluating training sessions, and evaluating the program's effectiveness and impact to determine if the safety training and services provided resulted in workplace change or improved workplace conditions. The proposal should include a plan to follow up with trainees to determine the impact the program has had in abating hazards and reducing miner illnesses and injuries.

    B. Review and Selection Process for FY 2015 Grants

    A technical panel will rate each complete application against the criteria described in this SGA. One or more applicants may be selected as grantees on the basis of the initial application submission or a minimally acceptable number of points may be established. MSHA may request final revisions to the applications, and then evaluate the revised applications. MSHA may consider any information that comes to its attention in evaluating the applications.

    The panel recommendations are advisory in nature. The Deputy Assistant Secretary for Operations for Mine Safety and Health will make a final selection determination based on what is most advantageous to the government, considering factors such as panel findings, geographic presence of the applicants or the areas to be served, Agency priorities, and the best value to the government, cost, and other factors. The Deputy Assistant Secretary's determination for award under this SGA is final.

    C. Anticipated Announcement and Award Dates

    Announcement of these awards is expected to occur before September 30, 2015. The grant agreement will be signed no later than September 30, 2015.

    VI. Award Administration Information A. Award Process

    Before September 29, 2015, organizations selected as potential grant recipients will be notified by a representative of the Deputy Assistant Secretary. An applicant whose proposal is not selected will be notified in writing. The fact that an organization has been selected as a potential grant recipient does not necessarily constitute approval of the grant application as submitted (revisions may be required).

    Before the actual grant award and the announcement of the award, MSHA may enter into negotiations with the potential grant recipient concerning such matters as program components, staffing and funding levels, and administrative systems. If the negotiations do not result in an acceptable submittal, the Deputy Assistant Secretary reserves the right to terminate the negotiations and decline to fund the proposal.

    B. Administrative and National Policy Requirements

    All grantees will be subject to applicable Federal laws and regulations (including provisions of appropriations law) and applicable OMB Circulars. These requirements are attachments in the application package or are located online at www.msha.gov: Select “Education & Training Resources”, click on “Courses”, select “Brookwood-Sago Mine Safety Grants”. The grants awarded under this competitive grant program will be subject to the following administrative standards and provisions, if applicable:

    • 2 CFR Part 25, Universal Identifier and System of Award Management.

    • 2 CFR Part 170, Reporting Subawards and Executive Compensation Information.

    • 2 CFR Part 175, Award Term for Trafficking in Persons.

    • 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

    • 29 CFR Part 2, Subpart D, Equal Treatment in Department of Labor Programs for Religious Organizations; Protection of Religious Liberty of Department of Labor Social Service Providers and Beneficiaries.

    • 29 CFR Part 31, Nondiscrimination in federally assisted programs of the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964.

    • 29 CFR Part 32, Nondiscrimination on the basis of handicap in programs or activities receiving federal financial assistance.

    • 29 CFR Part 35, Nondiscrimination on the basis of age in programs or activities receiving federal financial assistance from the Department of Labor.

    • 29 CFR Part 36, Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance.

    • 29 CFR Part 93, New restrictions on lobbying.

    • 29 CFR Part 94, Government-wide requirements for drug-free workplace (financial assistance).

    • 29 CFR Part 98, Government-wide debarment and suspension (non-procurement).

    • Federal Acquisition Regulation (FAR) Part 31, Subpart 31.2, Contract cost principles and procedures (Codified at 48 CFR Subpart 31.2).

    Indirect administrative costs for these grants may not exceed 15%. Unless specifically approved, MSHA's acceptance of a proposal or MSHA's award of Federal funds to sponsor any program does not constitute a waiver of any grant requirement or procedure. For example, if an application identifies a specific sub-contractor to provide certain services, the MSHA award does not provide a basis to sole-source the procurement (to avoid competition).

    C. Special Program Requirements 1. MSHA Review of Educational Materials

    MSHA will review all grantee-produced educational and training materials for technical accuracy and suitability of content during development and before final publication. MSHA also will review training curricula and purchased training materials for technical accuracy and suitability of content before the materials are used. Grantees developing training materials must follow all copyright laws and provide written certification that their materials are free from copyright infringement.

    When grantees produce training materials, they must provide copies of completed materials to MSHA before the end of the grant period. Completed materials should be submitted to MSHA in hard copy and in digital format for publication on the MSHA Web site. Two copies of the materials must be provided to MSHA. Acceptable formats for training materials include Microsoft XP Word, PDF, PowerPoint, and any other format agreed upon by MSHA.

    2. License

    As stated in 2 CFR 200.315, the Department of Labor has a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use for Federal purposes any work produced, or for which ownership was acquired, under a grant, and to authorize others to do so. Such products include, but are not limited to, curricula, training models, and any related materials. Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronic, or otherwise.

    3. Acknowledgement on Printed Materials

    All approved grant-funded materials developed by a grantee shall contain the following disclaimer: “This material was produced under grant number XXXXX from the Mine Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”

    When issuing statements, press releases, request for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds must clearly state:

    (a) The percentage of the total costs of the program or project that will be financed with Federal money;

    (b) The dollar amount of Federal financial assistance for the project or program; and

    (c) The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

    4. Use of U.S. Department of Labor (USDOL)

    With written permission from MSHA, the USDOL logo may be applied to the grant-funded materials including posters, videos, pamphlets, research documents, national survey results, impact evaluations, best practice reports, and other publications. The grantees must consult with MSHA on whether the logo may be used on any such items prior to final draft or final preparation for distribution. In no event shall the DOL logo be placed on any item until MSHA has given the grantee written permission to use the logo on the item.

    5. Reporting

    Grantees are required by Departmental regulations to submit financial and project reports, as described below. Grantees are also required to submit final reports no later than 90 days after the end of the grant period.

    (a) Financial Reports

    The grantee shall submit financial reports on a quarterly basis. Recipients are required to use the U.S. Department of Labor's Grantee Reporting Systems' electronic SF-425 (Federal Financial Report), at www.etareports.doleta.gov, to report the status of all funds awarded and, if applicable, program income received and expended, during the funding period. All reports are due no later than 30 days after the end of the reporting period.

    (b) Technical Project Reports

    A grantee must submit a technical project report to MSHA no later than 30 days after December 31, 2015, March 31, 2016, June 30, 2016, and September 30, 2016, respectively. Technical project reports provide both quantitative and qualitative information and a narrative assessment of performance for the preceding three-month period. This should include the current grant progress against the overall grant goals as provided in Part IV.B.3.

    Between reporting dates, the grantee shall immediately inform MSHA of significant developments or problems affecting the organization's ability to accomplish the work. See 2 CFR 200.328(d).

    (c) Final Reports

    At the end of the grant period, each grantee must provide a project summary of its technical project reports, an evaluation report, and a close-out financial report. These final reports are due no later than 90 days after the end of the 12-month performance period.

    D. Freedom of Information

    Any information submitted in response to this SGA will be subject to the provisions of the Freedom of Information Act, as appropriate.

    E. Transparency in the Grant Process

    DOL is committed to conducting a transparent grant award process and publicizing information about program outcomes. Posting awardees' grant applications on public Web sites is a means of promoting and sharing innovative ideas. Under this SGA, DOL will publish the awardees' Executive Summaries, selected information from their SF-424s, and a version of awardees' Technical Proposals on the Department's Web site or similar location. None of the Attachments to the Technical Proposal provided with the applications will be published. The Technical Proposals and Executive Summaries will not be published until after the grants are awarded. In addition, information about grant progress and results may also be made publicly available.

    DOL recognizes that grant applications sometimes contain information that an applicant may consider proprietary or business confidential information, or may contain personally identifiable information. Proprietary or business confidential information is information that is not usually disclosed outside your organization and disclosing this information is likely to cause you substantial competitive harm.

    Personally identifiable information is any information that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.

    Executive Summaries will be published in the form originally submitted, without any redactions. Applicants should not include any proprietary or confidential business information or personally identifiable information in this summary. In the event that an applicant submits proprietary or confidential business information or personally identifiable information in the summary, DOL is not liable for the posting of this information contained in the Executive Summary. The submission of the grant application constitutes a waiver of the applicant's objection to the posting of any proprietary or confidential business information contained in the Executive Summary. Additionally, the applicant is responsible for obtaining all authorizations from relevant parties for publishing all personally identifiable information contained within the Executive Summary. In the event the Executive Summary contains proprietary or confidential business or personally identifiable information, the applicant is presumed to have obtained all necessary authorizations to provide this information and may be liable for any improper release of this information.

    By submission of this grant application, the applicant agrees to indemnify and hold harmless the United States, the U.S. Department of Labor, its officers, employees, and agents against any liability or for any loss or damages arising from this application. By such submission of this grant application, the applicant further acknowledges having the authority to execute this release of liability.

    In order to ensure that proprietary or confidential business information or personally identifiable information is properly protected from disclosure when DOL posts the selected Technical Proposals, applicants whose Technical Proposals will be posted will be asked to submit a second redacted version of their Technical Proposal, with any proprietary or confidential business information and personally identifiable information redacted. All non-public information about the applicant's staff or other individuals should be removed as well.

    The Department will contact the applicants whose Technical Proposals will be published by letter or email, and provide further directions about how and when to submit the redacted version of the Technical Proposal.

    Submission of a redacted version of the Technical Proposal will constitute permission by the applicant for DOL to make the redacted version publicly available. We will also assume that the applicant has obtained the agreement to the redacted version of the applicant's Technical Proposal. If an applicant fails to provide a redacted version of the Technical Proposal within two weeks after receipt of Notice of Award, DOL will publish the original Technical Proposal in full, after redacting only personally identifiable information. (Note that the original, unredacted version of the Technical Proposal will remain part of the complete application package, including an applicant's proprietary and confidential business information and any personally identifiable information.)

    Applicants are encouraged to disclose as much of the grant application information as possible, and to redact only information that clearly is proprietary, confidential commercial/business information, or capable of identifying a person. The redaction of entire pages or sections of the Technical Proposal is not appropriate, and will not be allowed, unless the entire portion merits such protection. Should a dispute arise about whether redactions are appropriate, DOL will follow the procedures outlined in the Department's Freedom of Information Act (FOIA) regulations (29 CFR Part 70).

    Redacted information in grant applications is protected from public disclosure in accordance with federal law, including the Trade Secrets Act (18 U.S.C. 1905), FOIA, and the Privacy Act (5 U.S.C. 552a). If DOL receives a FOIA request for your application, DOL will follow the procedures in its FOIA regulations; procedures governing commercial/business information submitted to the government are set forth in 29 CFR 70.26. It is possible that application of these rules may result in release of information that an applicant redacted.

    VII. Agency Contacts

    Any questions regarding this Solicitation for Grant Applications (SGA 15-3BS) should be directed to Janice Oates at [email protected] or 202-693-9570 (this is not a toll-free number) or Teresa Rivera at [email protected] or 202-693-9581 (this is not a toll-free number). MSHA's Web page at www.msha.gov is a valuable source of background for this initiative.

    VIII. Office Of Management And Budget Information Collection Requirements

    This SGA requests information from applicants. This collection of information is approved under (OMB No. 1225-0086, expiration: 01/31/2016).

    Except as otherwise noted, in accordance with the Paperwork Reduction Act of 1995, no person is required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for the grant application is estimated to average 20 hours per response, for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Each recipient who receives a grant award notice will be required to submit nine progress reports to MSHA. MSHA estimates that each report will take approximately two and one-half hours to prepare.

    Send comments regarding the burden estimated or any other aspect of this collection of information, including suggestions for reducing this burden, to the OMB Desk Officer for MSHA, Office of Management and Budget Room 10235, Washington, DC 20503 and MSHA, electronically to Janice Oates at [email protected] or Teresa Rivera at [email protected] or by mail to Janice Oates, 5th floor, 201 12th Street South, Arlington, VA 22202.

    This information is being collected for the purpose of awarding a grant. The information collected through this “Solicitation for Grant Applications” will be used by the Department of Labor to ensure that grants are awarded to the applicant best suited to perform the functions of the grant. Submission of this information is required in order for the applicant to be considered for award of this grant.

    Authority:

    30 U.S.C. 965.

    Dated: June 24, 2015. Patricia W. Silvey, Deputy Assistant Secretary for Operations, Mine Safety and Health.
    [FR Doc. 2015-15858 Filed 6-26-15; 8:45 am] BILLING CODE 4510-43-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2015-0014] Maritime Advisory Committee for Occupational Safety and Health (MACOSH) AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice of MACOSH meeting.

    SUMMARY:

    This Federal Register notice announces meetings of the full Committee and the workgroups on September 1 and 2, 2015 in Tampa, FL.

    DATES:

    MACOSH meeting: MACOSH will meet from 9 a.m. until approximately 5 p.m. on September 1 and 2, 2015.

    Submission of comments, requests to speak, and requests for special accommodation: Submit comments, requests to speak at the full Committee meeting, and requests for special accommodations for these meetings (postmarked, sent, or transmitted) by August 10, 2015.

    ADDRESSES:

    The Committee and workgroups will meet at the University of South Florida, Marshall Student Center, 4103 USF Cedar Circle, Tampa, FL 33620, in Rooms 3708 and 3709. Meeting attendees should use the main building entrance off of USF Cedar Drive.

    Submission of comments and requests to speak: Submit comments and requests to speak at the MACOSH meetings, identified by the docket number for this Federal Register notice (Docket No. OSHA 2015-0014), by one of the following methods:

    Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.

    Facsimile: If comments, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693-1648.

    Regular mail, express mail, hand (courier) delivery, and messenger service: When using this method, submit a copy of comments and attachments to the OSHA Docket Office, Docket No. OSHA-2015-0014, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210. The Docket Office accepts deliveries (express mail, hand (courier) delivery, and messenger service) during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.

    Requests for special accommodations: Submit requests for special accommodations for MACOSH and its workgroup meetings by hard copy, telephone, or email to: Gretta Jameson, OSHA, Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    Instructions: All submissions must include the Agency name and docket number for this Federal Register notice (Docket No. OSHA-2015-0014). Because of security-related procedures, submissions by regular mail may result in a significant delay in receipt. Please contact the OSHA Docket Office for information about security procedures for making submissions by express mail, hand (courier) delivery, and messenger service.

    OSHA will place comments and requests to speak, including personal information, in the public docket which may be available online. Therefore, OSHA cautions interested parties about submitting personal information such as Social Security numbers and birthdates.

    Docket: To read or download documents in the public docket for this MACOSH meeting, go to http://www.regulations.gov. All documents in the public docket are listed in the index; however, some documents (e.g., copyrighted material) are not publicly available to read or download through http://www.regulations.gov. All submissions are available for inspection and, when permitted, copying at the OSHA Docket Office at the above address. For information on using http://www.regulations.gov to make submissions or to access the docket, click on the “Help” tab at the top of the Home page. Contact the OSHA Docket Office for information about materials not available through that Web site and for assistance in using the Internet to locate submissions and other documents in the docket.

    FOR FURTHER INFORMATION CONTACT:

    For press inquiries: Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    For general information about MACOSH and this meeting: Amy Wangdahl, Director, Office of Maritime and Agriculture, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-2066; email: [email protected]

    Copies of this Federal Register notice: Electronic copies of this Federal Register notice are available at http://www.regulations.gov. This notice, as well as news releases and other relevant information, are also available at OSHA's Web page at: http://www.osha.gov.

    SUPPLEMENTARY INFORMATION:

    All MACOSH committee and workgroup meetings are open to the public. Interested persons may attend the full Committee and its workgroup meetings at the time and place listed above. The full Committee will meet from 9 a.m. until approximately 5 p.m. on September 2, 2015, in Room 3709. The full Committee agenda will include: a presentation on OSHA 10 and 30-hour Maritime Outreach Training; an overview of OSHA Region IV, Tampa Area office; an OSHA field report on maritime activities in the Port of Tampa; presentations from local maritime safety professionals; an overview of OSHA's Maritime Steering Committee; and reports from the Longshoring and Shipyard workgroups.

    The Longshoring and Shipyard workgroups will meet from 9 a.m. until approximately 5 p.m. on September 1, 2015, in conference rooms 3708 and 3709. The workgroups will discuss evaluating Shipyard Competent Person programs; fire and rescue services in shipyards; updates to the OSHA eTool for shipyards; container lashing safety; baggage handling in cruise terminal operations; mechanic safety in longshoring operations; and the translation of OSHA maritime guidance documents into Spanish.

    Public Participation: Any individual attending the MACOSH meeting, including the workgroup meetings, at the University of South Florida, Marshall Student Center, should use the main building entrance off of USF Cedar Drive. Please contact the University of South Florida (email: [email protected]) for additional information about building policies for attending the MACOSH Committee and workgroup meetings. Interested parties may submit a request to make an oral presentation to MACOSH by any one of the methods listed in the ADDRESSES section above. The request must state the amount of time requested to speak, the interest represented (e.g., organization name), if any, and a brief outline of the presentation. The MACOSH Chair has discretion to grant requests to address the full Committee as time permits.

    Interested parties also may submit written comments, including data and other information, using any one of the methods listed in the ADDRESSES section above. OSHA will provide all submissions to MACOSH members prior to the meeting. Individuals who need special accommodations to attend the MACOSH meeting should contact Gretta Jameson as specified above under the heading “Requests for special accommodations” in the ADDRESSES section.

    Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice under the authority granted by 29 U.S.C. 655, 656, 5 U.S.C. App. 2, Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29 CFR part 1912.

    Signed at Washington, DC, on June 22, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2015-15804 Filed 6-26-15; 8:45 am] BILLING CODE 4510-26-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA-2015-049] Records Schedules; Availability and Request for Comments AGENCY:

    National Archives and Records Administration (NARA).

    ACTION:

    Notice of availability of proposed records schedules; request for comments.

    SUMMARY:

    The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize agencies to preserve records of continuing value in the National Archives of the United States and to destroy, after a specified period, records lacking administrative, legal, research, or other value. NARA publishes notice for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).

    DATES:

    NARA must receive requests for copies in writing by July 29, 2015. Once NARA completes appraisal of the records, we will send you a copy of the schedule you requested. We usually prepare appraisal memoranda that contain additional information concerning the records covered by a proposed schedule. You may also request these. If you do, we will also provide them once we have completed the appraisal. You have 30 days after we send these requested documents in which to submit comments.

    ADDRESSES:

    You may request a copy of any records schedule identified in this notice by contacting Records Management Services (ACNR) using one of the following means:

    Mail: NARA (ACNR); 8601 Adelphi Road; College Park, MD 20740-6001.

    Email: [email protected]

    FAX: 301-837-3698.

    You must cite the control number, which appears in parentheses after the name of the agency that submitted the schedule, and a mailing address. If you would like an appraisal report, please include that in your request.

    FOR FURTHER INFORMATION CONTACT:

    Margaret Hawkins, Director, by mail at Records Management Services (ACNR); National Archives and Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001, by phone at 301-837-1799, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Each year, Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for types of records and submit these schedules for NARA's approval. These schedules allow timely transfer into the National Archives of historically valuable records and authorize agencies to dispose of all other records after the agencies no longer need them to conduct business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent.

    The schedules listed in this notice are media-neutral unless otherwise specified. An item in a schedule is media-neutral when an agency may apply the disposition instructions to records regardless of the medium in which it has created or maintains the records. Items included in schedules submitted to NARA on or after December 17, 2007, are media-neutral unless the item is limited to a specific medium. (See 36 CFR 1225.12(e).)

    No agencies may destroy Federal records without the approval of the Archivist of the United States. The Archivist grants this approval only after a thorough consideration of the records' administrative use by the agency of origin, the rights of the Government and of people directly affected by the Government's activities, and whether or not the records have historical or other value.

    In addition to identifying the Federal agencies and any subdivisions requesting disposition authority, this notice: Lists the organizational unit(s) accumulating the records or that the schedule has agency-wide applicability (in the case of schedules that cover records that may be accumulated throughout an agency); provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction); and includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. You may request additional information about the disposition process at the addresses above.

    Schedules Pending

    1. Department of the Army, Agency-wide (DAA-AU-2015-0030, 1 item, 1 temporary item). Master files of an electronic information system that contains records relating to dining facility inspections including inspection dates, locations, and final results.

    2. Department of Commerce, National Oceanic and Atmospheric Administration (DAA-0370-2015-0001, 20 items, 14 temporary items). Records of the National Climatic Data Center, including atmospheric observations, homogenized and derived products, numerical model data, and the national digital forecast database. Proposed for permanent retention are routine atmospheric observation records, reports of historically significant events, analyzed maps and charts, and core normals of weather station temperature and precipitation values.

    3. Department of Commerce, National Oceanic and Atmospheric Administration (DAA-0370-2015-0005, 7 items, 3 temporary items). Records of the Marine National Monument Program, including supporting materials and permit files. Proposed for permanent retention are national monument designation files, management plans and related reports, management plan and revision files, and supplemental management plans.

    4. Department of Health and Human Services, Indian Health Service (DAA-0513-2015-0003, 1 item, 1 temporary item). Internal correspondence, forms, case summaries, internal committee findings, and reports for medical malpractice claims.

    5. Department of Homeland Security, National Protection and Programs Directorate (DAA-0563-2015-0008, 1 item, 1 temporary item). Data inadvertently captured and determined to be unrelated to known or suspected cyber threats contained in the master files of an electronic information system used for intrusion detection, analysis, and prevention.

    6. Department of State, Bureau of Energy Resources (DAA-0059-2014-0021, 3 items, 3 temporary items). Records of the Office of Electricity and Energy Efficiency including research materials, correspondence, reports, memorandums, and working files related to energy issues.

    7. Department of State, Bureau of Energy Resources (DAA-0059-2015-0007, 3 items, 2 temporary items). Project and working files of the Office of Alternative and Renewable Energy. Proposed for permanent retention are records associated with participation on international advisory boards focused on renewable energy issues.

    8. Department of Transportation, Surface Transportation Board (DAA-0134-2012-0002, 1 item, 1 temporary item). Summary reports of temporary suspensions of service by railroads.

    9. Department of Transportation, Surface Transportation Board (DAA-0134-2013-0001, 1 item, 1 temporary item). Comments received on the merger of railroad companies.

    10. Department of Transportation, Surface Transportation Board (DAA-0134-2013-0003, 1 item, 1 temporary item). Summaries of agricultural contracts entered into by railroads and shippers.

    11. Department of Transportation, Surface Transportation Board (DAA-0134-2013-0006, 1 item, 1 temporary item). Audit work papers.

    12. Department of Transportation, Surface Transportation Board (DAA-0134-2013-0007, 1 item, 1 temporary item). Practitioner application files.

    13. Department of Transportation, Surface Transportation Board (DAA-0134-2013-0008, 1 item, 1 temporary item). Practitioner registry files.

    14. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (DAA-0564-2015-0001, 1 item, 1 temporary item). Closed litigation case files.

    15. Environmental Protection Agency, Agency-wide (DAA-0412-2015-0003, 1 item, 1 temporary item). Records used to facilitate emergency preparedness, prevention, and response.

    16. Federal Communications Commission, Enforcement Bureau (DAA-0173-2014-0002, 4 items, 4 temporary items). Master files of an electronic information system used to track workflow and administrative actions related to complaints, initiatives and cases.

    17. Federal Communications Commission, Consumer and Governmental Affairs Bureau (DAA-0173-2015-0003, 1 item, 1 temporary item). Reports of complaints of changing a consumer's telephone service without consent.

    18. Office of the Director of National Intelligence, Front Office (N1-576-11-2, 8 items, 4 temporary items). Includes copies of speeches and records related to routine financial activities. Proposed for permanent retention are files of senior leadership.

    19. Recovery, Accountability and Transparency Board, Agency-wide (DAA-0220-2014-0016, 4 items, 3 temporary items). Tracking files of evidence received and master files of an electronic information system used to analyze data of Federal grant recipients. Proposed for permanent retention are raw data of Federal grant recipients.

    20. Securities and Exchange Commission, Division of Corporation Finance (DAA-0266-2014-0001, 2 items, 1 temporary item). Records related to the submission and processing of requests by businesses for confidential handling of certain proprietary business or financial information. Proposed for permanent retention are the unredacted submissions.

    21. Selective Service System, Agency-wide (DAA-0147-2015-0002, 4 items, 1 temporary item). Background materials relating to the development of the Selective Service System including draft copies of organizational charts and plans. Proposed for permanent retention are organizational plans, organizational charts, and mission statements.

    Dated: June 22, 2015. Paul M. Wester, Jr., Chief Records Officer for the U.S. Government.
    [FR Doc. 2015-15985 Filed 6-26-15; 8:45 am] BILLING CODE 7515-01-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA-2015-050] Freedom of Information Act (FOIA) Advisory Committee; Meeting AGENCY:

    Office of Government Information Services (OGIS), National Archives and Records Administration (NARA)

    ACTION:

    Notice of Federal Advisory Committee Meeting

    SUMMARY:

    In accordance with the Federal Advisory Committee Act (5 U.S.C. App) and the second United States Open Government National Action Plan (NAP) released on December 5, 2013, NARA announces an upcoming Freedom of Information Act (FOIA) Advisory Committee meeting.

    DATES:

    The meeting will be on July 21, 2015, from 10:00 a.m. to 1:00 p.m. EDT. You must register for the meeting by 5:00 p.m. EDT on July 20, 2015.

    Location: National Archives and Records Administration (NARA); 700 Pennsylvania Avenue NW.; Archivist's Reception Room (Room 105); Washington, DC 20408.

    FOR FURTHER INFORMATION CONTACT:

    Christa Lemelin, Designated Federal Officer for this committee, by mail at National Archives and Records Administration; Office of Government Information Services; 8601 Adelphi Road—OGIS; College Park, MD 20740-6001, by telephone at 202-741-5773, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Agenda and meeting materials: You may find all meeting materials at https://ogis.archives.gov/foia-advisory-committee/meetings.htm. The purpose of this meeting is to discuss the FOIA issues on which the Committee is focusing its efforts: Oversight and accountability, proactive disclosures, and fees.

    Procedures: The meeting is open to the public. Due to space limitations and access procedures, you must register in advance if you wish to attend the meeting. You will also go through security screening when you enter the building. Seating in the meeting room is limited and will be available on a first-come, first-served basis. Registration for the meeting will go live via Eventbrite on July 6, 2015, at 10:00 a.m. EDT. To register for the meeting, please do so at this Eventbrite link: http://www.eventbrite.com/e/freedom-of-information-act-foia-advisory-committee-meeting-registration-15555361505. Members of the media who wish to register, those who are unable to register online, and those who require special accommodations, should contact Christa Lemelin at the phone number, mailing address, or email address listed above.

    Dated: June 22, 2015. Patrice Little Murray, Committee Management Officer.
    [FR Doc. 2015-15969 Filed 6-26-15; 8:45 am] BILLING CODE 7515-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2014-0187] Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Generic letter; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is announcing the availability of final Generic Letter 2015-01, “Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities.” The generic letter requests information from licensees of fuel cycle facilities to demonstrate if compliance is being maintained with the regulatory requirements and applicable license conditions regarding the treatment of natural phenomena events in the facilities' safety assessments, and to determine if additional NRC regulatory action is necessary to ensure that licensees are in compliance with their current licensing basis and existing NRC's regulations. The NRC will use the information submitted by licensees in response to the generic letter to determine if additional regulatory action is warranted.

    DATES:

    The final generic letter is available as of June 29, 2015.

    ADDRESSES:

    Please refer to Docket ID NRC-2014-0187 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0187. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    • NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced.

    • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    • NRC's Public Web site: Generic Letter 2015-01 is available at http://www.nrc.gov/reading-rm/doc-collections/gen-comm/gen-letters/ (select “2015” and then select “gl201501”).

    FOR FURTHER INFORMATION CONTACT:

    Jonathan Marcano, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6731, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The NRC published a notice of opportunity for public comment on this generic letter in the Federal Register on August 8, 2014 (79 FR 46472). The NRC received two comments from Stephen McDuffie and the Nuclear Energy Institute. The two comments resulted in editorial changes to the generic letter. The evaluation of these comments and the resulting changes to the generic letter are discussed in a publicly-available document which is available in ADAMS under Accession No. ML14328A036.

    The final generic letter is available in ADAMS under Accession No. ML14328A029.

    Dated at Rockville, Maryland, this 22nd day of June, 2015.

    For the U.S. Nuclear Regulatory Commission.

    Marissa Bailey, Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2015-15920 Filed 6-26-15; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2015-0159] Changes to Buried and Underground Piping and Tank Recommendations AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Draft license renewal interim staff guidance; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) requests public comment on the draft License Renewal Interim Staff Guidance (LR-ISG), LR-ISG-2015-01, “Changes to Buried and Underground Piping and Tank Recommendations.” The draft LR-ISG would replace aging management program (AMP) XI.M41, “Buried and Underground Piping and Tanks,” and its associated Updated Final Safety Analysis Report (UFSAR) Summary Description in LR-ISG-2011-03, “Changes to the Generic Aging Lessons Learned (GALL) Report Revision 2 Aging Management Program (AMP) XI.M41, `Buried and Underground Piping and Tanks'.” These changes address new recommendations related to buried and underground piping and tanks within the scope of the NRC's regulations for the renewal of operating licenses for nuclear power plants.

    DATES:

    Submit comments by August 13, 2015. Comments received after this date will be considered, if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date.

    ADDRESSES:

    You may submit comment by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0159. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: O12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on accessing information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    William Holston, telephone: 301-415-8573, email: [email protected]; and Catherine Nolan, telephone: 301-415-1535, email: [email protected], both are staff of the Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2015-0159 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action by the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0159.

    • NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced. The draft LR-ISG-2015-01 is available electronically under ADAMS Accession No. ML1525A377. The Generic Aging Lessons Learned (GALL) Report, NUREG-1801 Rev. 2 (Dec. 2010) (GALL Report), and the Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants (SRP-LR), NUREG-1800 Rev. 2 (Dec. 2010), are available under ADAMS Accession Nos. ML103490041 and ML103490036, respectively.

    • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2015-0159 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    The draft LR-ISG would replace AMP XI.M41, “Buried and Underground Piping and Tanks,” and its associated UFSAR Summary Description in LR-ISG-2011-03. These proposed changes to AMP XI.M41 address new recommendations related to buried and underground piping and tanks within the scope of part 54 of Title 10 of the Code of Federal Regulations (10 CFR), “Requirements for Renewal of Operating Licenses for Nuclear Power Plants.”

    The NRC issues LR-ISGs to communicate insights and lessons learned and to address emergent issues not covered in license renewal guidance documents, such as the GALL Report and SRP-LR. In this way, the NRC staff and stakeholders may use the guidance in an LR-ISG document before it is incorporated into a formal license renewal guidance document revision. The NRC staff issues LR-ISGs in accordance with the LR-ISG Process, Revision 2 (ADAMS Accession No. ML100920158), for which a notice of availability was published in the Federal Register on June 22, 2010 (75 FR 35510).

    III. Proposed Action

    By this action, the NRC is requesting public comments on draft LR-ISG-2015-01. This LR-ISG proposes certain revisions to NRC guidance on implementation of the requirements in 10 CFR part 54. The NRC staff will make a final determination regarding issuance of the LR-ISG after it considers any public comments received in response to this request.

    IV. Backfitting and Issue Finality

    Issuance of this LR-ISG in final form would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and would not otherwise be inconsistent with the issue finality provisions in 10 CFR part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants.” As discussed in the “Backfitting and Issue Finality” section of draft LR-ISG-2015-01, the LR-ISG is directed to holders of operating licenses or combined licenses who are currently in the license renewal process. The LR-ISG is not directed to holders of operating licenses or combined licenses until they apply for license renewal. The LR-ISG is also not directed to licensees who already hold renewed operating or combined licenses. However, the NRC could also use the LR-ISG in evaluating voluntary, licensee-initiated changes to previously-approved aging management programs.

    Dated at Rockville, Maryland, this 23rd day of June, 2015.

    For the Nuclear Regulatory Commission.

    Jane E. Marshall, Deputy Director, Division of License Renewal, Office of Nuclear Reactor Regulation.
    [FR Doc. 2015-15919 Filed 6-26-15; 8:45 am] BILLING CODE 7590-01-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-56 and CP2015-84; Order No. 2550] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of Priority Mail Contract 126 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: July 1, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 126 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 126 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, June 23, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-56 and CP2015-84 to consider the Request pertaining to the proposed Priority Mail Contract 126 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than July 1, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Curtis Kidd to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-56 and CP2015-84 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Curtis Kidd is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than July 1, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Shoshana M. Grove, Secretary.
    [FR Doc. 2015-15908 Filed 6-26-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-57 and CP2015-85; Order No. 2551] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of Priority Mail & First-Class Package Service Contract 5 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: July 1, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail & First-Class Package Service Contract 5 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail & First-Class Package Service Contract 5 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, June 23, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-57 and CP2015-85 to consider the Request pertaining to the proposed Priority Mail & First-Class Package Service Contract 5 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than July 1, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-57 and CP2015-85 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Kenneth R. Moeller is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than July 1, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Shoshana M. Grove, Secretary.
    [FR Doc. 2015-15909 Filed 6-26-15; 8:45 am] BILLING CODE 7710-FW-P
    PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD [Notice-PCLOB-2015-04; Docket No. 2015-0002, Sequence No. 4] Closed Meeting on Executive Order 12333 AGENCY:

    Privacy and Civil Liberties Oversight Board.

    ACTION:

    Notice of closed meeting.

    SUMMARY:

    On April 8, 2015, during an open Sunshine Act meeting, the Board voted to select two counterterrorism-related activities governed by Executive Order 12333, and conduct focused in-depth examinations of those activities. During this closed meeting, the Board members will discuss proposed topics for this in-depth examination.

    DATES:

    The closed meeting will be held on Wednesday, July 1, 2015 from 9:30 a.m. until 11:30 a.m. Eastern Standard Time (EST).

    ADDRESSES:

    2100 K Street NW., Washington, DC 20427.

    FOR FURTHER INFORMATION CONTACT:

    Sharon Bradford Franklin, Executive Director, 202-331-1986.

    SUPPLEMENTARY INFORMATION:

    Status

    Closed. Pursuant to 5 U.S.C. 552b(c)(1), it has been determined that this meeting will be closed to the public as the Board will be reviewing and discussing matters properly classified in accordance with Executive Order 13526.

    Dated: June 23, 2015. Eric Broxmeyer, General Counsel, Privacy and Civil Liberties Oversight Board.
    [FR Doc. 2015-15824 Filed 6-26-15; 8:45 am] BILLING CODE 6820-b3-P
    SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549-2736. Extension: Rules 17h-1T and 17h-2T. SEC File No. 270-359, OMB Control No. 3235-0410.

    Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (“PRA”) (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget (“OMB”) a request for approval of extension of the previously approved collection of information provided for in Rules 17h-1T and 17h-2T (17 CFR 240.17h-1T and 17 CFR 240.17h-2T), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).

    Rule 17h-1T requires a covered broker-dealer to maintain and preserve records and other information concerning certain entities that are associated with the broker-dealer. This requirement extends to the financial and securities activities of the holding company, affiliates and subsidiaries of the broker-dealer that are reasonably likely to have a material impact on the financial or operational condition of the broker-dealer. Rule 17h-2T requires a covered broker-dealer to file with the Commission quarterly reports and a cumulative year-end report concerning the information required to be maintained and preserved under Rule 17h-1T.

    The collection of information required by Rules 17h-1T and 17h-2T, collectively referred to as the “risk assessment rules”, is necessary to enable the Commission to monitor the activities of a broker-dealer affiliate whose business activities are reasonably likely to have a material impact on the financial or operational condition of the broker-dealer. Without this information, the Commission would be unable to assess the potentially damaging impact of the affiliate's activities on the broker-dealer.

    There are currently 306 respondents that must comply with Rules 17h-1T and 17h-2T. Each of these 306 respondents are estimated to require 10 hours per year to maintain the records required under Rule 17h-1T, for an aggregate estimated annual burden of 3,060 hours (306 respondents × 10 hours). In addition, each of these 306 respondents must make five annual responses under Rule 17h-2T. These five responses are estimated to require 14 hours per respondent per year for an aggregate estimated annual burden of 4,284 hours (306 respondents × 14 hours).

    In addition, new respondents must draft an organizational chart required under Rule 17h-1T and establish a system for complying with the risk assessment rules. The staff estimates that drafting the required organizational chart requires one hour and establishing a system for complying with the risk assessment rules requires three hours. Based on the unchanged number of filers in recent years, the staff estimates there will be zero new respondents, and thus, a corresponding estimated burden of zero hours for new respondents. Thus, the total compliance burden per year is approximately 7,344 burden hours (3,060 hours + 4,284 hours).

    The retention period for the recordkeeping requirement under Rule 17h-1T is not less than two years following the date the notice is submitted. There is no specific retention period or recordkeeping requirement for Rule 17h-2T. The collection of information is mandatory. All information obtained by the Commission pursuant to the provisions of Rules 17h-1T and 17h-2T from a broker or dealer concerning a material associated person is deemed confidential information for the purposes of section 24(b) of the Exchange Act.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number.

    The public may view background documentation for this information collection at the following Web site: www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to: [email protected]; and (ii) Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an email to: [email protected] Comments must be submitted to OMB within 30 days of this notice.

    Dated: June 23, 2015. Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-15814 Filed 6-26-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549-2736. Extension: Regulation S-P; SEC File No. 270-480, OMB Control No. 3235-0537.

    Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (“PRA”) (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget (“OMB”) a request for approval of extension of the previously approved collection of information provided for in the privacy notice and opt out notice provisions of Regulation S-P—Privacy of Consumer Financial Information (17 CFR part 248, subpart A) under the Securities Exchange Act of 1934 (“Exchange Act”) (15 U.S.C. 78a et seq.).

    The privacy notice and opt out notice provisions of Regulation S-P (the “Rule”) implement the privacy notice and opt out notice requirements of Title V of the Gramm-Leach-Bliley Act (“GLBA”), which include the requirement that, at the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer of such financial institution's policies and practices with respect to disclosing nonpublic personal information to affiliates and nonaffiliated third parties (“privacy notice”). Title V of the GLBA also provides that, unless an exception applies, a financial institution may not disclose nonpublic personal information of a consumer to a nonaffiliated third party unless the financial institution clearly and conspicuously discloses to the consumer that such information may be disclosed to such third party; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option (“opt out notice”). The Rule applies to broker-dealers, investment advisers registered with the Commission, and investment companies (“covered entities”).

    Commission staff estimates that, as of December 31, 2014, the Rule's information collection burden applies to approximately 19,876 covered entities (approximately 4,267 broker-dealers, 11,508 investment advisers registered with the Commission, and 4,101 investment companies). In view of (a) the minimal recordkeeping burden imposed by the Rule (since the Rule has no recordkeeping requirement and records relating to customer communications already must be made and retained pursuant to other SEC rules); (b) the summary fashion in which information must be provided to customers in the privacy and opt out notices required by the Rule (the model privacy form adopted by the SEC and the other agencies in 2009, designed to serve as both a privacy notice and an opt out notice, is only two pages); (c) the availability to covered entities of the model privacy form and online model privacy form builder; and (d) the experience of covered entities' staff with the notices, SEC staff estimates that covered entities will each spend an average of approximately 12 hours per year complying with the Rule, for a total of approximately 238,512 annual burden-hours (12 × 19,876 = 238,512). SEC staff understands that the vast majority of covered entities deliver their privacy and opt out notices with other communications such as account opening documents and account statements. Because the other communications are already delivered to consumers, adding a brief privacy and opt out notice should not result in added costs for processing or for postage and materials. Also, privacy and opt out notices may be delivered electronically to consumers who have agreed to electronic communications, which further reduces the costs of delivery. Because SEC staff assumes that most paper copies of privacy and opt out notices are combined with other required mailings, the burden-hour estimates above are based on resources required to integrate the privacy and opt notices into another mailing, rather than on the resources required to create and send a separate mailing. SEC staff estimates that, of the estimated 12 annual burden-hours incurred, approximately 8 hours would be spent by administrative assistants at an hourly rate of $74, and approximately 4 hours would be spent by internal counsel at an hourly rate of $380, for a total annualized internal cost of compliance of $2,112 for each of the covered entities (8 × $74 = $592; 4 × $380 = $1,520; $592 + $1,520 = $2,112). Hourly cost of compliance estimates for administrative assistant time are derived from the Securities Industry and Financial Markets Association's Office Salaries in the Securities Industry 2013, modified by SEC staff to account for an 1,800-hour work-year and multiplied by 2.93 to account for bonuses, firm size, employee benefits and overhead. Hourly cost of compliance estimates for internal counsel time are derived from the Securities Industry and Financial Markets Association's Management & Professional Earnings in the Securities Industry 2013, modified by SEC staff to account for an 1,800-hour work-year and multiplied by 5.35 to account for bonuses, firm size, employee benefits, and overhead. Accordingly, SEC staff estimates that the total annualized internal cost of compliance for the estimated total hour burden for the approximately 19,876 covered entities subject to the Rule is approximately $41,978,112 ($2,112 × 19,876 = $41,978,112).

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number.

    The public may view background documentation for this information collection at the following Web site: www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to: [email protected]; and (ii) Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission,c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an email to: [email protected] Comments must be submitted to OMB within 30 days of this notice.

    Dated: June 23, 2015. Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-15816 Filed 6-26-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75273; File No. SR-NYSEARCA-2015-38] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Adopting New Equity Trading Rules Relating to Trading Sessions, Order Ranking and Display, and Order Execution To Reflect the Implementation of Pillar, the Exchange's New Trading Technology Platform June 23, 2015.

    On April 30, 2015, NYSE Arca, Inc. (“Arca”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to adopt new equity trading rules relating to Trading Sessions, Order Ranking and Display, and Order Execution to reflect the implementation of Pillar, the Exchange's new trading technology platform. The proposed rule change was published for comment in the Federal Register on May 19, 2015.3 The Commission received no comment letters regarding the proposed rule change.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 74951 (May 13, 2015), 80 FR 28721.

    Section 19(b)(2) of the Act 4 provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be approved or disapproved. The 45th day for this filing is July 3, 2015.

    4 15 U.S.C. 78s(b)(2).

    The Commission is extending the 45-day time period for Commission action on the proposed rule change. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change.

    Accordingly, pursuant to Section 19(b)(2) of the Act 5 and for the reasons stated above, the Commission designates August 17, 2015, as the date by which the Commission should either approve or disapprove, or institute proceedings to determine whether to approve or disapprove, the proposed rule change.

    5 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6

    6 17 CFR 200.30-3(a)(31).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-15826 Filed 6-26-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549-2736. Extension: Form ADV-E. [OMB Control No. 3235-0361, SEC File No. 270-318]

    Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (the “Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval.

    Form ADV-E (17 CFR 279.8) is the cover sheet for certificates of accounting filed pursuant to rule 206(4)-2 under the Investment Advisers Act of 1940 (17 CFR 275.206(4)-2). The rule further requires that the public accountant file with the Commission a Form ADV-E and accompanying statement within four business days of the resignation, dismissal, removal or other termination of its engagement. Respondents each spend approximately three minutes, annually, complying with the requirements of the form.

    The estimate of burden hours set forth above is made solely for the purposes of the Paperwork Reduction Act and is not derived from a comprehensive or even representative survey or study of the cost of Commission rules and forms.

    Written 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 collection of information; (c) ways to enhance the quality, utility, and clarity of the information 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. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. An agency 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.

    Please direct your written comments to Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, C/O Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email to: [email protected]

    Dated: June 23, 2015. Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-15815 Filed 6-26-15; 8:45 am] BILLING CODE 8011-01-P
    SOCIAL SECURITY ADMINISTRATION [Docket No: SSA-2015-0040] Agency Information Collection Activities: Comment Request

    The Social Security Administration (SSA) publishes a list of information collection packages requiring clearance by the Office of Management and Budget (OMB) in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. This notice includes a revision of an OMB-approved information collection.

    SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Mail, email, or fax your comments and recommendations on the information collection(s) to the OMB Desk Officer and SSA Reports Clearance Officer at the following addresses or fax numbers.

    (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202-395-6974, Email address: [email protected] (SSA), Social Security Administration, OLCA, Attn: Reports Clearance Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD 21235, Fax: 410-966-2830, Email address: [email protected].

    Or you may submit your comments online through www.regulations.gov, referencing Docket ID Number [SSA-2015-0040].

    SSA submitted the information collection below to OMB for clearance. Your comments regarding the information collection would be most useful if OMB and SSA receive them 30 days from the date of this publication. To be sure we consider your comments, we must receive them no later than July 29, 2015. Individuals can obtain copies of the OMB clearance packages by writing to [email protected]

    Application for a Social Security Number Card, the Social Security Number Application Process (SSNAP), and Internet SSN Replacement Card (iSSNRC) Application—20 CFR 422.103-422.110—0960-0066. SSA collects information on the SS-5 (used in the United States) and SS-5-FS (used outside the United States) to issue original or replacement Social Security cards. SSA also enters the application data into the Social Security Number Application Process (SSNAP) when applicants request a new or replacement card via telephone or in person. In addition, hospitals collect the same information on SSA's behalf for newborn children through the Enumeration-at-Birth process. In this process, parents of newborns provide hospital birth registration clerks with information required to register these newborns. Hospitals send this information to State Bureaus of Vital Statistics (BVS), and they send the information to SSA's National Computer Center. SSA then uploads the data to the SSA mainframe along with all other enumeration data, and we assign the newborn a Social Security number (SSN) and issue a Social Security card. Respondents can also use these modalities to request a change in their SSN records. Additionally, the iSSNRC application will collect information similar to the paper SS-5 for no-change replacement SSN cards for adult U.S. citizens. A new iSSNRC modality included in the current clearance will allow certain applicants for an SSN replacement card to apply by completing an internet application and submitting the required evidence online rather than completing a paper Form SS-5, Application for a Social Security Card. The respondents for this collection are applicants for original and replacement Social Security cards, or individuals who wish to change information in their SSN records, who use any of the modalities described above.

    Type of Request: Revision of an OMB-approved information collection.

    Application scenario Number of
  • respondents
  • Frequency of response Average burden per response
  • (minutes)
  • Estimated total annual burden
  • (hours)
  • Respondents who do not have to provide parents' SSNs 10,500,000 1 8.5 1,487,500 Adult U.S. Citizens requesting a replacement card with no changes through new iSSNRC modality * 1,500,000 1 5 125,000 Respondents whom we ask to provide parents' SSNs (when applying for original SSN cards for children under age 18) 400,000 1 9 60,000 Applicants age 12 or older who need to answer additional questions so SSA can determine whether we previously assigned an SSN 1,500,000 1 9.5 237,500 Applicants asking for a replacement SSN card beyond the new allowable limits (i.e., who must provide additional documentation to accompany the application) 900 1 60 900 Authorization to SSA to obtain personal information cover letter 500 1 15 125 Authorization to SSA to obtain personal information follow-up cover letter 500 1 15 125 Totals 13,901,900 1,911,150 * The total timeline for complete national coverage of the iSSNRC application is two years from the date of initial implementation and is dependent on the contractor enrolling each State into the network. By fiscal year 2018, we would expect to issue about 1.5 million replacement cards annually via the iSSNRC application. However, the estimated volume could vary based on the date of implementation, when the contractor acquires States, and our marketing efforts to the public.

    Cost Burden: The state BVSs incur costs of approximately $11 million for transmitting data to SSA's mainframe. However, SSA reimburses the states for these costs.

    Dated: June 24, 2015. Faye I. Lipsky, Reports Clearance Officer, Social Security Administration.
    [FR Doc. 2015-15837 Filed 6-26-15; 8:45 am] BILLING CODE 4191-02-P
    DEPARTMENT OF STATE [Public Notice: 9176 ] 60-Day Notice of Proposed Information Collection: Affidavit of Physical Presence or Residence, Parentage and Support ACTION:

    Notice of request for public comment.

    SUMMARY:

    The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.

    DATES:

    The Department will accept comments from the public up to August 28, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Web: Persons with access to the Internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering Docket Number: DOS-2015-0024 in the search field. Then click the “Comment Now” button and complete the comment form.

    Email: [email protected].

    Mail: (paper, disk, or CD-ROM submissions): U.S. Department of State, CA/OCS/PMO, SA-17, 10th Floor, Washington, DC 20036.

    Fax: 202-736-9111.

    Hand Delivery or Courier: U.S. Department of State, CA/OCS/PMO, 600 19th St. NW., 10th Floor, Washington, DC 20036.

    You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence.

    FOR FURTHER INFORMATION CONTACT:

    Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Derek Rivers, Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS/PMO), U.S. Department of State, SA-17, 10th Floor, Washington, DC 20036 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    • Title of Information Collection: DS 5507, Affidavit of Physical Presence or Residence, Parentage and Support.

    • OMB Control Number: OMB No.1405-0187.

    • Type of Request: Extension.

    • Originating Office: Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS).

    • Form Number: DS-5507.

    • Respondents: U.S. Citizens or Nationals.

    • Estimated Number of Respondents: 17,716.

    • Estimated Number of Responses: 17,716.

    • Average Hours per Response: 30 minutes.

    • Total Estimated Burden: 8,858 hours.

    • Frequency: On Occasion.

    • Obligation to Respond: Application for Benefits. Although acquisition of U.S. citizenship at birth is not a federal “benefit,” U.S. citizen/national parent(s) will not be able to obtain a Consular Report of Birth Abroad of a U.S. Citizen or a U.S. passport for their children born abroad if they do not provide the information requested in the form and establish all statutory requirements have been met to transmit U.S. citizenship to their children.

    We are soliciting public comments to permit the Department to:

    • Evaluate whether the proposed information collection is necessary for the proper functions of the Department.

    • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used.

    • Enhance the quality, utility, and clarity of the requests for information to be collected.

    • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review.

    Abstract of Proposed Collection

    The purpose of the information collection is to determine whether a U.S. citizen/national parent has met the statutory physical presence or residence requirements to transmit U.S. citizenship to his or her child born abroad or in the United States for U.S. noncitizen nationality; to establish parentage of the child; and to fulfill the requirements of 8 U.S.C. 1409(a), which permits acknowledgment of paternity under oath and requires the U.S. citizen father's written agreement to provide financial support for his child born abroad out of wedlock. The affidavit may also be submitted by the U.S. citizen parent(s) to explain why a local birth certificate is unavailable and to state the facts that are relevant to the birth abroad.

    Methodology

    The information is collected in person or by mail. The Bureau of Consular Affairs is currently exploring options to make this information collection available electronically.

    Dated: June 5, 2015. Michelle Bernier-Toth, Managing Director, Bureau of Consular Affairs, Department of State.
    [FR Doc. 2015-15904 Filed 6-26-15; 8:45 am] BILLING CODE 4710-06-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Tenth Meeting: Tactical Operations Committee (TOC) AGENCY:

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

    ACTION:

    Tenth meeting notice of Tactical Operations Committee.

    SUMMARY:

    The FAA is issuing this notice to advise the public of the tenth meeting of the Tactical Operations Committee.

    DATES:

    The meeting will be held July 21st from 9:00 a.m.-4:00 p.m.

    ADDRESSES:

    The meeting will be held at RTCA Headquarters, 1150 18th Street NW., Suite 910, Washington, DC 20036, Tel: (202) 330-0655.

    FOR FURTHER INFORMATION CONTACT:

    The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-9339, fax at (202) 833-9434, or Web site at http://www.rtca.org or Trin Mitra, TOC Secretary, RTCA, Inc., [email protected], 202-330-0655.

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is hereby given for a meeting of the Tactical Operations Committee. The agenda will include the following:

    Tuesday, July 21, 2015

    1. Opening of Meeting/Introduction of TOC Members—Co Chairs Jim Bowman and Dale Wright

    2. Official Statement of Designated Federal Official—Elizabeth Ray

    3. Approval of May 20, 2015 Meeting Summary

    4. Recommendation on NOTAM Search Phase 2 Implementation

    5. Recommendation on GPS Adjacent Band Compatibility Exclusion Zones

    6. Recommendation on Class B Airspace Design, Designation and Evaluation

    7. Recommendation on Improving Safety and Operations in the Caribbean

    8. Update on Airport Construction Task: Case Studies, Construction Process & Timeline

    9. Update on National Procedure Assessment Initiative and Approval of TORs

    10. Anticipated Issues for TOC consideration and action at the next meeting

    11. Other business

    12. Adjourn

    Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time.

    Issued in Washington, DC, on June 23, 2015. Latasha Robinson, Management & Program Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration.
    [FR Doc. 2015-15931 Filed 6-26-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0050] Qualification of Drivers; Exemption Applications; Vision AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Notice of denials.

    SUMMARY:

    FMCSA announces its denial of 115 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

    FOR FURTHER INFORMATION CONTACT:

    Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

    SUPPLEMENTARY INFORMATION:

    Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period if it finds “such an exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such an exemption.” The procedures for requesting an exemption are set forth in 49 CFR part 381.

    Accordingly, FMCSA evaluated 115 individual exemption requests on their merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial.

    The following 25 applicants had no experience operating a CMV:

    John O. Adams Chamekia Allison William S. Bennett Alex J. Cordova Lee J. Gaffney Joseph P. Gatzek Victor Gulian James L. Howes Jose R. Izaguirre Robert C. Jeffries Douglas R. Johnston Joshua L. Johnson Charles D. Jones Darrell T. Leonard Steven L. Loper Jared J. Martin Peni M. Matanimeke Thomas I. Poindexter Joaquin Rivera Michael D. Roe Allen Rowbotham Zachary M. Sawyer Marcus W. Scott John J. Tilton Joshua Yeick

    The following 24 applicants did not have three years of experience driving a CMV on public highways with their vision deficiencies:

    Raed A. Abdelrahim Jaloliddin S. Abduvakhabov Elbert A. Akers Esmic Arras-Saenz Howard D. Barton Alan F. Brown Jerry Carter Donald E. Cessna, Sr. Douglas G. Gentry Jerry G. Henry III Delbert R. Hummel Timothy L. Kennie Ricky A. Mobley Gabriel Navarro Ronald D. Otworth Frederick E. Place Joshua S. Reiling Timothy A. Robbins Anthony A. Salesi Rodney M. Spigner Charles Till Benny P. Whitehead Charles R. Williams Wilson B. Willie

    The following seven applicants did not have three years of recent experience driving a CMV with the vision deficiency:

    Jeffrey S. Branch Richard Jarrell Duane A. McCord Todd O. Moodispaugh Reynerio G. Paz Lynn C. Radney, Sr. Rick L. Richardson

    The following three applicants did not have sufficient driving experience during the past three years under normal highway operating conditions:

    Harold L. Cobb Allen Hewitt Clarence H. Lee

    The following applicant, James Lyman, was charged with a moving violation(s) in conjunction with a commercial motor vehicle accident(s).

    The following applicant, Kevin E. Putney, had his CDL suspended in relation to a moving violation during the three-year period. Applicants do not qualify for an exemption with a suspension during the three-year period.

    The following three applicants were unable to obtain a statement from an optometrist or ophthalmologist stating that he was able to operate a commercial vehicle from a vision standpoint:

    Roger F. Berneking Kip M. Le Fever David N. Skillings

    The following applicant, Michael A. Stiles, was denied for miscellaneous/multiple reasons.

    The following two applicants did not have stable vision for the entire three-year period:

    Wesley A. Boyd Thomas E. Lippincott

    The following applicant, Myrick J. Jackson, never submitted the documents required for a vision exemption.

    The following applicant, Aaron Wiebe, lives in Canada.

    The following two applicants did not meet the vision standard in their better eye:

    Thomas E. Allen Michael J. Pullman

    The following 13 applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision:

    Elazar Ambriz Steven P. Cohen Aubrey B. Cook John D. Hamm Randal E. Heibult Thomas M. King Donald R. Knobloch Rodney E. Parks Rene J. Patenaude Theodore T. Phillips David Searcy Guy Waltz Lloyd F. Wood

    The following 26 applicants were denied because they will not be driving interstate, interstate commerce, or are not required to carry a DOT medical card:

    Melvin C. Bennett James E. Campbell Jeremy L. Elliott Edward T. Errrichetto Stefano U. Fabbri Sebastian Fernandez Phillp M. Green Antone J. Heideman, Jr. Eric J. Hidden Jared B. Holt Paul E. Irish, Jr. Justin M. Jackson Elias Lemus, Jr. Thomas J. Manning David B. McConnell Timothy J. Miller George Moore, Jr. Elpidio Munoz, Jr. Nicholas M. O'Rourke William F. Potts Michael L. Rouse George E. Shores Claude G. Stolp James R. Taylor Joseph M. Taylor Joseph H. Varel

    Finally, the following five applicants perform transportation for the federal government, state, or any political sub-division of the state.

    Bryan A. Jenkins Anton M. Maloblocki Stuart P. Nichols Lawrence K.W. Smith James A. White, Jr. Issued on: June 22, 2015. Larry W. Minor, Associate Administrator for Policy.
    [FR Doc. 2015-15862 Filed 6-26-15; 8:45 am] BILLING CODE 4910-EX-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No FMCSA-2015-0149] Proposal for Future Enhancements to the Safety Measurement System (SMS) AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Notice; request for public comment.

    SUMMARY:

    FMCSA provides notice and seeks comments on proposed enhancements to the Agency's Safety Measurement System (SMS) methodology. Consistent with its prior announcements, the Agency is proposing changes to the SMS that are the direct result of feedback from stakeholders and the Agency's ongoing continuous improvement efforts. The Agency is considering several changes in this notice and is asking for comment on these issues, and other possible areas for consideration. This set of enhancements would include changing some of the SMS Intervention Thresholds to better reflect the Behavior Analysis and Safety Improvement Categories' (BASICs) correlation to crash risk, other changes to the Hazardous Materials (HM) Compliance BASIC, reclassifying violations for operating while out-of-service (OOS) to the Unsafe Driving BASIC, and adjustments to the Utilization Factor (UF). FMCSA will provide a preview of the proposed enhancements allowing motor carriers to see their own data, enforcement to see the data, and an opportunity for all to comment prior to implementation.

    DATES:

    Comments must be received on or before July 29, 2015.

    ADDRESSES:

    You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2015-0149 using any of the following methods:

    Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments.

    Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

    Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.

    Fax: 1-202-493-2251.

    Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below.

    Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line.

    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

    FOR FURTHER INFORMATION CONTACT:

    For information concerning this notice, contact Mr. David Yessen, Federal Motor Carrier Safety Administration, Compliance Division, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 609-275-2606, E-Mail: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION: I. Background The SMS

    FMCSA first announced the implementation of the SMS in the Federal Register on April 9, 2010 (75 FR 18256) (Docket No. FMCSA-2004-18898). Since December 2010, FMCSA and its State partners have used SMS to identify and prioritize motor carriers for interventions, including automated warning letters and investigations. Additionally, SMS serves as a principal factor in roadside inspection selection software designed to recommend motor carriers for inspections. The SMS also provides the motor carrier industry, consumers, and other safety stakeholders with comprehensive safety performance data for many carriers. This information is updated monthly. SMS is available at the public Web site at http://ai.fmcsa.dot.gov/SMS. FMCSA announced improvements to the SMS in March 2012 (77 FR 18298) (Docket No. FMCSA-2012-0074), August 2012 (77 FR 52110) (Docket No. FMCSA-2004-18898), and July 2014 (79 FR 43117) (Docket No. FMCSA-2013-0392). As stated in the March 2012 notice, FMCSA plans to apply a systematic approach to making improvements to SMS, prioritizing, and releasing packages of improvements as needed.

    FMCSA convened a Continuous Improvement Working Group (CIWG) comprised of Federal and State Enforcement personnel. This group used their diverse experiences to identify areas of needed improvement with SMS and the Compliance, Safety, Accountability interventions process. The CIWG recommendations are under review, and they informed the potential enhancements outlined below.

    List of Proposed Enhancements

    FMCSA is proposing the following enhancements:

    1. Changing some of the SMS Intervention Thresholds to better reflect the BASICs' correlation to crash risk.

    2. Two changes to the HM Compliance BASIC:

    • Segmenting the HM Compliance BASIC by cargo tank (CT) and non-CT carriers; and

    • Releasing motor carrier percentile rankngs under the HM Compliance BASIC to the public.

    3. Reclassifying violations for operating while OOS as under the Unsafe Driving BASIC, rather than the BASIC of the underlying OOS violation.

    4. Increasing the maximum Vehicle Miles Travelled (VMT) used in the UF to more accurately reflect operations of high-utilization carriers.

    Proposed Changes to SMS Intervention Thresholds

    The Agency published its most recent SMS Effectiveness Test at http://csa.fmcsa.dot.gov/Documents/CSMS_Effectiveness_Test_Final_Report.pdf. After considering the results of this test and other independent analyses, FMCSA is proposing to make changes to more closely align intervention thresholds with each BASIC's correlation to crash risk. FMCSA determined that lowering the Vehicle Maintenance BASIC intervention threshold to better reflect the seriousness of the crash risk associated with vehicle maintenance issues and raising the intervention thresholds for the Controlled Substances/Alcohol, HM Compliance, and Driver Fitness BASICs would more effectively prioritize motor carriers.

    As part of the SMS Effectiveness Test analysis, FMCSA analyzed the correlation of each BASIC with crash risk and introduced three levels of crash risk correlation:

    • High: Unsafe Driving, Crash Indicator, Hours-of-Service (HOS) Compliance • Medium: Vehicle Maintenance • Low: Controlled Substances/Alcohol, HM Compliance, and Driver Fitness The following chart illustrates the crash rates by BASIC, as demonstrated in the SMS Effectiveness Test. BASIC over threshold Crash rate
  • (per 100 PUs)
  • % Increase in
  • crash rate
  • compared to
  • national average
  • (3.43)
  • Unsafe Driving 6.62 93 Crash Indicator 6.34 85 HOS Compliance 6.26 83 Vehicle Maintenance 5.65 65 Controlled Substances/Alcohol 4.61 34 HM Compliance 4.49 31 Driver Fitness 3.11 −9

    After a thorough analysis of this information and other available studies, the Agency analyzed carriers over a variety of intervention thresholds, and compared those crash rates to the national average. Based on that analysis, the Agency is proposing to adjust the intervention thresholds as shown in the table below, to reflect the differences in the crash correlations of each BASIC:

    BASICS Current
  • intervention
  • thresholds
  • (%)
  • Proposed
  • intervention
  • thresholds
  • (%)
  • Unsafe Driving Crash Indicator HOS Compliance 65 65 Vehicle Maintenance 80 75 Controlled Substances/Alcohol HM Compliance Driver Fitness 80 90

    The Agency notes that lowering the Vehicle Maintenance BASIC intervention threshold will identify a new set of motor carriers to receive warning letters so that they may address non-compliance issues before crashes occur. The changes would maintain the current intervention thresholds of 65% for the BASICs with the strongest relationship to crash risk. While fewer carriers will be identified for interventions in those BASICs where FMCSA proposes to raise the threshold to 90%, a similar number of carriers will be identified across all BASICs as under the current intervention thresholds. In addition, under the proposed changes the carriers prioritized for interventions will have a higher crash rate than the carriers currently prioritized for interventions. We examined the interstate carriers that are identified as at or above intervention threshold in any of the six BASICs (HM is excluded as it is handled in a different analysis). The effectiveness testing, which uses historical data, showed under the current thresholds that 39,454 carriers at or above intervention thresolds had a crash rate of 5.12 crashes per 100 Pus and under the proposed thresholds 41,012 carriers at or above intervention threshold had a crash rate of 5.49 crashes per 100 PUs. This is a 7% increase in crash rate. A recent snapshot of SMS data (Dec 2014) shows that 2,431 carriers are newly identified while 453 are no longer identified with any of the six BASICs at or above the intervention threshold.

    Proposed HM Compliance BASIC Changes

    Industry and enforcement stakeholders raised concerns to FMCSA that large non-CT HM carriers have difficulty improving in the HM Compliance BASIC because they are being unfairly compared to CT HM carriers. Non-CT HM and CT HM carriers have different operations and as a result they often receive different violations. After analyzing the issue carefully, FMCSA determined that segmenting the HM Compliance BASIC by CT and non-CT carriers will address this bias and improve the SMS's ability to identify HM carriers with serious safety problems.

    FMCSA studied the feasibility of segmenting the HM Compliance BASIC by business type and found that for most motor carriers that operate CTs, the CTs make up a majority of the carrier's inspections. A carrier was categorized as a CT carrier if more than 50% of its inspections indicated the vehicles were CTs, and for most that percentage was actually much higher. Analysis shows that there are a sufficient number of carriers for both segments in all safety event groups (SEGs) for effective assessment. FMCSA reviewed BASIC percentile changes with segmentation and found that large CT carriers would see an increase in percentiles, while large non-CT carriers would see a decrease. Small carriers, both CT and non-CT, will not see a change.

    HM Cargo Segmentation Impact SEG HM inspections Current
  • BASIC %
  • New BASIC
  • non-CT %
  • New BASIC
  • CT %
  • 5-10 80 Same Same. 11-15 80 Same Same. 16-40 80 Same Same. 41-100 80 71% (−9%) 85% (+5%). 100+ 80 62% (−18%) 90% (+10%).

    With these changes, FMCSA is confident that the data in the HM Compliance BASIC appropriately reflects the distinct operations of these carriers. As a result, FMCSA proposes to make the HM Compliance BASIC information available to the public.

    Violating Out-of-Service Orders

    Currently, when a carrier is cited for violating an OOS Order, these violations are associated with the same BASIC as the initial OOS violation. However, the behavior of deciding to violate an OOS Order is more closely related to a motor carrier's or driver's safety judgment, regardless of the underlying OOS condition.

    FMCSA reviewed these violations and analyzed the potential impact of reclassifying violations of an OOS Order to the Unsafe Driving BASIC. The Agency found that the crash rate of carriers at or above the intervention threshold in the Unsafe Driving BASIC will remain the same under this proposed change. Moreover, consolidating these OOS violations in the Unsafe Driving BASIC will help enforcement and motor carriers better identify and correct driver-related safety issues. Therefore, FMCSA proposes to move all violations of operating while OOS to the Unsafe Driving BASIC.

    Changing the Maximum Vehicle Miles Travelled (VMT)

    The Utilization Factor (UF) is an analytical element determined by dividing a motor carrier's vehicle miles traveled (VMT) by the number of power units (PU) in the carrier's fleet. The UF provides a more accurate picture of a carrier's safety and compliance. The UF is used in the Unsafe Driving BASIC and Crash Indicator BASIC when a carrier has a higher than normal utilization of its vehicles (VMT per PU). The UF is currently limited to 200,000 miles. Industry stakeholders noted that the current UF is not accurate for some companies with extremely hig