Federal Register Vol. 80, No.128,

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range38391-38612
FR Document

80_FR_128
Current View
Page and SubjectPDF
80 FR 38410 - Amendment to the Privacy of Consumer Financial Information Rule Under the Gramm-Leach-Bliley ActPDF
80 FR 38475 - Sunshine Act MeetingsPDF
80 FR 38394 - Special Local Regulations; Annual Events in the Captain of the Port Detroit ZonePDF
80 FR 38450 - National Institute on Drug Abuse; Notice of Closed MeetingsPDF
80 FR 38451 - Office of the Director Notice of Charter RenewalPDF
80 FR 38417 - Drawbridge Operation Regulation; Rancocas Creek, Centerton, NJPDF
80 FR 38453 - Notice of Public Workshop Regarding Information Sharing and Analysis OrganizationsPDF
80 FR 38446 - Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance StandardsPDF
80 FR 38444 - Proposed Consent Decree, Clean Air Act Citizen SuitPDF
80 FR 38437 - Brass Sheet and Strip From Italy; Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 38397 - Special Local Regulation; L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NYPDF
80 FR 38394 - Special Local Regulations For Marine Events, Manasquan River; Seaside Park, New JerseyPDF
80 FR 38501 - Generalized System of Preferences (GSP): Notice of a GSP Product Review, Including Possible Actions Related to Competitive Need LimitationsPDF
80 FR 38475 - Agency Information Collection Activities: Submission to OMB for Revision of a Currently Approved Information Collection, Credit Union Service Organizations; Comment RequestPDF
80 FR 38440 - Final Waiver and Extension of the Project Period; Native American Career and Technical Education ProgramPDF
80 FR 38505 - Petition for Exemption; Summary of Petition ReceivedPDF
80 FR 38424 - Protecting and Promoting the Open InternetPDF
80 FR 38448 - Agency Information Collection Activities; Proposed Collection; Comment Request; Extension of Certification of Maintenance of Effort on Help America Vote Act, Public Law 107-252, Title II, Subtitle D, Section 291, Payments for Protection and Advocacy Systems (P&A Voting Access Narrative Annual Report)PDF
80 FR 38438 - Information Collection; Submission for OMB Review, Comment RequestPDF
80 FR 38450 - Advisory Council on Alzheimer's Research, Care, and Services; MeetingPDF
80 FR 38448 - Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual DisabilitiesPDF
80 FR 38461 - Notice of Open Public Meetings and Teleconferences for the National Park Service Alaska Region Subsistence Resource Commission ProgramPDF
80 FR 38461 - Notice of July 20, 2015, Meeting for Cape Cod National Seashore Advisory CommissionPDF
80 FR 38462 - Notice of July 29, 2015, Meeting for Kalaupapa National Historical Park Advisory CommissionPDF
80 FR 38472 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Approval of a New Collection Request for Emergency or Term Access to National Security Information Form (FD-1116)PDF
80 FR 38512 - Proposed Information Collection; Comment RequestPDF
80 FR 38512 - Advisory Group to the Commissioner of Internal Revenue; Renewal of CharterPDF
80 FR 38463 - Determination of Eligibility for Consideration as Wilderness Areas, Intent To Prepare Wilderness Study, Big Cypress National PreservePDF
80 FR 38432 - Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance ProgramPDF
80 FR 38410 - Federal Housing Administration (FHA): Single Family Mortgage Insurance Maximum Time Period for Filing Insurance Claims, Curtailment of Interest and Disallowance of Operating Expenses Incurred Beyond Certain Established TimeframesPDF
80 FR 38455 - 60 Day Notice of Proposed Information Collection; Ginnie Mae Mortgage-Backed Securities Guide 5500.3, Revision 1 (Forms and Electronic Data Submissions)PDF
80 FR 38427 - Agency Information Collection Activities: Proposed Collection; Comment Request-Food Program and Reporting System (FPRS)PDF
80 FR 38463 - Boundary Description and Final Maps for Virgin River, Zion National Park, UtahPDF
80 FR 38436 - Export Trade Certificate of ReviewPDF
80 FR 38430 - Notice of Intent To Revise and Extend a Currently Approved Information CollectionPDF
80 FR 38454 - Intent to Request Renewal From OMB of One Current Public Collection of Information: Office of Law Enforcement/Federal Air Marshal Service LEO Reimbursement RequestPDF
80 FR 38430 - Notice of Intent To Request an Extension of a Currently Approved Information CollectionPDF
80 FR 38439 - U.S. Air Force Exclusive Patent LicensePDF
80 FR 38447 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 38447 - Notice of Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
80 FR 38504 - Office of Commercial Space Transportation; Notice of Availability of the Final Environmental Assessment (Final EA), Finding of No Significant Impact (FONSI), and Record of Decision (ROD) for the Houston Spaceport, City of Houston, Harris County, TexasPDF
80 FR 38478 - Privacy Act of 1974; System of RecordsPDF
80 FR 38473 - Privacy Act of 1974; Publication of an individual Systems of RecordsPDF
80 FR 38467 - Manufacturer of Controlled Substances Registration: Rhodes TechnologiesPDF
80 FR 38513 - Open Meeting of the Financial Research Advisory CommitteePDF
80 FR 38466 - Manufacturer of Controlled Substances Registration: Halo Pharmaceutical, Inc.PDF
80 FR 38472 - Manufacturer of Controlled Substances Registration: Noramco, Inc.PDF
80 FR 38471 - Manufacturer of Controlled Substances Registration: Euticals, Inc.PDF
80 FR 38471 - Importer of Controlled Substances Registration: Mylan Pharmaceuticals, Inc.PDF
80 FR 38465 - Manufacturer of Controlled Substances Registration: Johnson Matthey, Inc.PDF
80 FR 38511 - Norfolk Southern Railway Company-Abandonment, Discontinuance of Trackage Rights and Discontinuance of Service-in Cleveland and Rutherford Counties, NC, and Cherokee County, SCPDF
80 FR 38439 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Child Care Access Means Parents in School Program Annual Performance ReportPDF
80 FR 38468 - Importer of Controlled Substances Application: Lipomed, Inc.PDF
80 FR 38508 - Information Collection Activities: Statutory Licensing and Consolidation AuthorityPDF
80 FR 38466 - Importer of Controlled Substances Application: United States Pharmacopeial ConventionPDF
80 FR 38467 - Importer of Controlled Substances Application: Kremers Urban Pharmaceuticals, Inc.PDF
80 FR 38467 - Bulk Manufacturer of Controlled Substances Application: AMPAC Fine Chemicals LLCPDF
80 FR 38471 - Bulk Manufacturer of Controlled Substances Application: Navinta, LLCPDF
80 FR 38459 - Renewal of Approved Information CollectionPDF
80 FR 38507 - Aston Martin Lagonda Limited, Receipt of Petition for Decision of Inconsequential NoncompliancePDF
80 FR 38441 - Orlando Utilities Commission; Notice of FilingPDF
80 FR 38442 - Combined Notice of Filings #1PDF
80 FR 38464 - Certain Windshield Wipers and Components Thereof; Notice of a Commission Determination not to Review an Initial Determination Terminating Investigation as to Federal-Mogul Respondents Based on a Settlement AgreementPDF
80 FR 38464 - Preserved Mushrooms from Chile, China, India, and Indonesia; Scheduling of expedited five-year reviewsPDF
80 FR 38501 - Privacy Act of 1974, as Amended; Computer Matching Program (Social Security Administration (SSA)/Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA))-Match Number 1309PDF
80 FR 38499 - Small Business Investment Companies-Request for Comments on Credit and Risk Management IssuesPDF
80 FR 38500 - Texas Disaster Number TX-00447PDF
80 FR 38498 - Nebraska Disaster #NE-00065PDF
80 FR 38478 - Product Change-Parcel Return Service Negotiated Service AgreementPDF
80 FR 38477 - Product Change-Parcel Return Service Negotiated Service AgreementPDF
80 FR 38478 - Product Change-Priority Mail Negotiated Service AgreementPDF
80 FR 38452 - Agency Information Collection Activities: Transfer of Cargo to a Container StationPDF
80 FR 38452 - Agency Information Collection Activities: Importers of Merchandise Subject to Actual Use ProvisionsPDF
80 FR 38509 - Information Collection Activities: Statutory Authority To Preserve Rail ServicePDF
80 FR 38491 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Delivery ProceduresPDF
80 FR 38481 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Extension of the Exchange's Penny Pilot Program and Replacement of Penny Pilot Issues That Have Been DelistedPDF
80 FR 38493 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.9 of BATS Y-Exchange, Inc., To Modify its Price Adjust FunctionalityPDF
80 FR 38496 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.9 of BATS Exchange, Inc., To Modify its Price Adjust FunctionalityPDF
80 FR 38483 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving Proposed Rule Change Amending Rule 6.35 to Modify the Appointment Process Utilized by the ExchangePDF
80 FR 38486 - Self-Regulatory Organizations; NYSE MKT LLC; Order Approving Proposed Rule Change Amending Rule 923NY to Modify the Appointment Process Utilized by the ExchangePDF
80 FR 38489 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend the Fees SchedulePDF
80 FR 38488 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Relating to Finance Procedures To Add Clearstream Banking as a Triparty Collateral Service ProviderPDF
80 FR 38489 - Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940PDF
80 FR 38480 - Submission for OMB Review; Comment RequestPDF
80 FR 38476 - New Postal ProductPDF
80 FR 38477 - New Postal ProductPDF
80 FR 38506 - Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review; Request for Comments on a New Information CollectionPDF
80 FR 38449 - The Drug Supply Chain Security Act Implementation: Product Tracing Requirements for Dispensers-Compliance Policy; Guidance for Industry, AvailabilityPDF
80 FR 38423 - Approval of Air Quality Implementation Plans; Sheboygan County, Wisconsin 8-Hour Ozone Nonattainment Area; Reasonable Further Progress PlanPDF
80 FR 38400 - Approval of Air Quality Implementation Plans; Sheboygan County, Wisconsin 8-Hour Ozone Nonattainment Area; Reasonable Further Progress PlanPDF
80 FR 38419 - Approval and Promulgation of Implementation Plans; Arkansas; Interstate Transport State Implementation Plan To Address Pollution Affecting VisibilityPDF
80 FR 38403 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review RequirementsPDF
80 FR 38451 - Center for Scientific Review Notice of Closed MeetingsPDF
80 FR 38437 - United States Manufacturing Council: Meeting of the United States Manufacturing CouncilPDF
80 FR 38429 - Ketchikan Resource Advisory CommitteePDF
80 FR 38445 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of KansasPDF
80 FR 38408 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 38406 - Airworthiness Directives; Piaggio Aero Industries S.p.A AirplanesPDF
80 FR 38458 - Endangered and Threatened Wildlife and Plants; Notice of Availability of Draft Polar Bear Conservation Management PlanPDF
80 FR 38391 - Airworthiness Directives; M7 Aerospace LLC AirplanesPDF
80 FR 38427 - Notice of July 9 Advisory Committee on Voluntary Foreign Aid MeetingPDF
80 FR 38515 - Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer EmployeesPDF

Issue

80 128 Monday, July 6, 2015 Contents Agency Agency for International Development NOTICES Meetings: Advisory Committee on Voluntary Foreign Aid, 38427 2015-15800 Agriculture Agriculture Department See

Food and Nutrition Service

See

Forest Service

See

National Institute of Food and Agriculture

See

Rural Business-Cooperative Service

AIRFORCE Air Force Department NOTICES Partially Exclusive Patent Licenses: Synerji, LLC, a Corporation of Delaware, 38439 2015-16468 Coast Guard Coast Guard RULES Special Local Regulations: Annual Events in the Captain of the Port Detroit Zone, 38394 2015-16530 L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NY, 38397-38400 2015-16506 Marine Events, Manasquan River, Seaside Park, NJ, 38394-38397 2015-16504 PROPOSED RULES Drawbridge Operations: Rancocas Creek, Centerton, NJ, 38417-38419 2015-16518 Commerce Commerce Department See

International Trade Administration

Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38448 2015-16492 Meetings: President's Committee for People With Intellectual Disabilities, 38448-38449 2015-16488 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38438-38439 2015-16491 Defense Department Defense Department See

Air Force Department

Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Kremers Urban Pharmaceuticals, Inc., 38467 2015-16444 Lipomed, Inc., 38468-38471 2015-16448 Mylan Pharmaceuticals, Inc., 38471-38472 2015-16453 United States Pharmacopeial Convention, 38466 2015-16445 Manufacturers of Controlled Substances; Applications: AMPAC Fine Chemicals, LLC, 38467 2015-16443 Navinta, LLC, 38471 2015-16441 Manufacturers of Controlled Substances; Registrations: Euticals, Inc., 38471 2015-16454 Halo Pharmaceutical, Inc., 38466-38467 2015-16456 Johnson Matthey, Inc., 38465 2015-16452 Noramco, Inc., 38472 2015-16455 Rhodes Technologies, 38467-38468 2015-16458 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Care Access Means Parents in School Program Annual Performance Report, 38439-38440 2015-16450 Final Waiver and Extension of the Project Period: Native American Career and Technical Education Program, 38440-38441 2015-16496 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Minor New Source Review Requirements, 38403-38405 2015-16386 Sheboygan County, WI 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan, 38400-38403 2015-16396 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arkansas; Pollution Affecting Visibility, 38419-38423 2015-16389 Sheboygan County, WI, 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan, 38423-38424 2015-16398 NOTICES Cross-Media Electronic Reporting: Kansas; Authorized Program Revision Approval, 38445-38446 2015-16314 National Emission Standards: Virginia; Hazardous Air Pollutants and New Source Performance Standards; Delegation of Authority, 38446-38447 2015-16516 Proposed Consent Decrees: Clean Air Act Citizen Suit, 38444-38445 2015-16511 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: M7 Aerospace LLC Airplanes, 38391-38394 2015-16171 PROPOSED RULES Airworthiness Directives: PIAGGIO AERO INDUSTRIES S.p.A Airplanes, 38406-38408 2015-16293 The Boeing Company Airplanes, 38408-38410 2015-16296 NOTICES Environmental Assessments; Availability, etc.: Houston Spaceport, City of Houston, Harris County, TX, 38504-38505 2015-16464 Petitions for Exemption; Summary of Petitions Received, 38505-38506 2015-16494 2015-16495 Federal Communications Federal Communications Commission PROPOSED RULES Protecting and Promoting the Open Internet, 38424-38426 2015-16493 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 38442-38444 2015-16437 Filings: Orlando Utilities Commission, 38441-38442 2015-16438 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 38447 2015-16467 Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities, 38447-38448 2015-16466 Federal Trade Federal Trade Commission PROPOSED RULES Privacy of Consumer Financial Information Rule; Amendment, 38410 C1--2015--14328 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Draft Polar Bear Conservation Management Plan, 38458-38459 2015-16249 Food and Drug Food and Drug Administration NOTICES Guidance for Industry and Staff: The Drug Supply Chain Security Act Implementation—Product Tracing Requirements for Dispensers—Compliance Policy, 38449-38450 2015-16401 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food Program and Reporting System, 38427-38429 2015-16476 Forest Forest Service NOTICES Meetings: Ketchikan Resource Advisory Committee, 38429-38430 2015-16318 Health and Human Health and Human Services Department See

Community Living Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Meetings: Advisory Council on Alzheimer's Research, Care, and Services, 38450 2015-16490
Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Customs and Border Protection

NOTICES Meetings: Information Sharing and Analysis Organizations; Public Workshop, 38453-38454 2015-16517
Housing Housing and Urban Development Department PROPOSED RULES Single Family Mortgage Insurance Maximum Time Period for Filing Insurance Claims, Curtailment of Interest and Disallowance of Operating Expenses Incurred Beyond Certain Established Timeframes, 38410-38417 2015-16479 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ginnie Mae Mortgage-Backed Securities Guide, 38455-38458 2015-16478 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38512 2015-16483 Charter Renewals: Advisory Group to the Commissioner of Internal Revenue, 38512-38513 2015-16482 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Brass Sheet and Strip From Italy, 38437 2015-16510 Export Trade Certificates of Review, 38436-38437 2015-16474 Meetings: United States Manufacturing Council, 38437-38438 2015-16374 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Preserved Mushrooms From Chile, China, India, and Indonesia; Expedited Five-Year Review, 38464-38465 2015-16434 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Windshield Wipers and Components Thereof, 38464 2015-16436 Justice Department Justice Department See

Drug Enforcement Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Emergency or Term Access to National Security Information Form, 38472-38473 2015-16484
Labor Department Labor Department See

Wage and Hour Division

NOTICES Privacy Act; Systems of Records, 38473-38475 2015-16460
Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38459-38461 2015-16440 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 38475 2015-16559 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Credit Union Service Organizations, 38475-38476 2015-16497 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38506 2015-16402 Petitions for Decisions of Inconsequential Noncompliance: Aston Martin Lagonda Limited, 38507-38508 2015-16439 National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38430-38432 2015-16470 2015-16472 National Institute National Institutes of Health NOTICES Charter Renewals: Sickle Cell Disease Advisory Council, 38451 2015-16524 Meetings: Center for Scientific Review, 38451-38452 2015-16381 National Institute on Drug Abuse, 38450-38451 2015-16526 National Park National Park Service NOTICES Boundary Description and Final Maps for Virgin River, Zion National Park, UT, 38463-38464 2015-16475 Environmental Impact Statements; Availability, etc.: Eligibility for Consideration as Wilderness Areas, Wilderness Study; Big Cypress National Preserve, 38463 2015-16481 Meetings: Alaska Region Subsistence Resource Commission Program, 38461-38462 2015-16487 Cape Cod National Seashore Advisory Commission, 38461 2015-16486 Kalaupapa National Historical Park Advisory Commission, 38462-38463 2015-16485 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 38476-38477 2015-16403 2015-16404 Postal Service Postal Service NOTICES Product Changes: Parcel Return Service Negotiated Service Agreements, 38477-38478 2015-16426 2015-16427 Priority Mail Negotiated Service Agreements, 38478 2015-16425 Recovery Recovery Accountability and Transparency Board NOTICES Privacy Act; Systems of Records, 38478-38480 2015-16462 Rural Business Rural Business-Cooperative Service NOTICES Applications: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 38432-38436 2015-16480 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38480-38481 2015-16408 Applications for Deregistration Under the Investment Company Act, 38489 2015-16409 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 38496-38498 2015-16414 BATS Y-Exchange, Inc., 38493-38495 2015-16415 Chicago Board Options Exchange, Inc., 38489-38491 2015-16411 ICE Clear Europe, Ltd., 38488-38489, 38491-38493 2015-16410 2015-16417 NASDAQ OMX BX, Inc., 38481-38483 2015-16416 NYSE Arca, Inc., 38483-38485 2015-16413 NYSE MKT, LLC, 38486-38488 2015-16412 Small Business Small Business Administration NOTICES Disaster Declarations: Nebraska, 38498-38499 2015-16428 Texas; Amendment 4, 38500 2015-16429 Small Business Investment Companies; Credit and Risk Management Issues, 38499-38500 2015-16430 Social Social Security Administration NOTICES Privacy Act; Computer Matching Program, 38501 2015-16433 Surface Transportation Surface Transportation Board NOTICES Abandonments and Discontinuances of Trackage Rights and Service: Norfolk Southern Railway Co., Cleveland and Rutherford Counties, NC, and Cherokee County, SC, 38511-38512 2015-16451 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statutory Authority To Preserve Rail Service, 38509-38511 2015-16420 Statutory Licensing and Consolidation Authority, 38508-38509 2015-16447 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences: Product Review, Including Possible Actions Related to Competitive Need Limitations, 38501-38504 2015-16498 Transportation Department Transportation Department See

Federal Aviation Administration

See

National Highway Traffic Safety Administration

See

Surface Transportation Board

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Law Enforcement/Federal Air Marshal Service LEO Reimbursement Request, 38454 2015-16471 Treasury Treasury Department See

Internal Revenue Service

NOTICES Meetings: Financial Research Advisory Committee, 38513 2015-16457
Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importers of Merchandise Subject to Actual Use Provisions, 38452 2015-16423 Transfer of Cargo to a Container Station, 38452-38453 2015-16424 Wage Wage and Hour Division PROPOSED RULES Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, 38516-38612 2015-15464 Separate Parts In This Issue Part II Labor Department, Wage and Hour Division, 38516-38612 2015-15464 Reader Aids

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80 128 Monday, July 6, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2435; Directorate Identifier 2015-CE-020-AD; Amendment 39-18197; AD 2015-13-10] RIN 2120-AA64 Airworthiness Directives; M7 Aerospace LLC Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2011-17-07 for certain M7 Aerospace LLC (type certificate previously held by M7 Aerospace LP) Models SA226-T, SA226-T(B), SA226-TC, and SA226-AT airplanes. AD 2011-17-07 required repetitive replacement and inspection of certain elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables, and checking and setting of flight control cable tension. This AD requires repetitively inspecting and replacing the primary flight control rudder cables, repetitively replacing all other primary flight control and trim tab cables, and checking/setting the flight control cable tension. This AD was prompted by a report of extensive damage found on the left hand primary flight control rudder cable located under the cockpit floor on one of the airplanes affected by AD 2011-17-07. We are issuing this AD to correct the unsafe condition on these products.

DATES:

This AD is effective July 21, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 21, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 1, 2011 (76 FR 50881, August 17, 2011).

We must receive any comments on this AD by August 20, 2015.

ADDRESSES:

You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

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

Fax: 202-493-2251.

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

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact M7 Aerospace LLC, 10823 NE Entrance Road, San Antonio, Texas 78216; phone: (210) 824-9421; fax: (210) 804-7766; Internet: http://www.elbitsystems-us.com; email: [email protected] You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2435.

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-2015-2435; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Andrew McAnaul, Aerospace Engineer, FAA, ASW-143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210) 308-3365; fax: (210) 308-3370; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

On August 2, 2011, we issued AD 2011-17-07, Amendment 39-16771 (76 FR 50881, August 17, 2011), (“AD 2011-17-07”), for certain M7 Aerospace LLC (type certificate previously held by M7 Aerospace LP) Models SA226-T, SA226-T(B), SA226-TC, and SA226-AT airplanes. AD 2011-17-07 required repetitive replacement and inspection of certain elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables, and checking and setting of flight control cable tension. AD 2011-17-07 resulted from a report that the left-hand primary rudder control cable on a Model SA226-T airplane failed where the cable makes a 30 degree angle over a small pulley to accommodate re-routing of the control cable alongside the camera system installed in the center of the cabin.

We issued AD 2011-17-07 to prevent failure of a rudder, aileron and/or elevator control cable.

Actions Since AD 2011-17-07 Was Issued

Since we issued AD 2011-17-07, extensive damage to the left hand (LH) primary flight control rudder cable was found under the cockpit floor on one of the airplanes affected by AD 2011-17-07. Inspection of the cable revealed five of the seven wires that make up the LH cable were broken adjacent to the pulley at FS126.06. A follow-on inspection of the right hand (RH) primary flight control rudder cable also showed several strands of some of the 7 x 19 cable wires were broken at the same RH FS126.06 pulley location. Both cables had been replaced at 1,513 hours time-in-service (TIS) before the finding of the broken cables to comply with the 3,500-hour TIS replacement time required in AD 2011-17-07.

We are issuing this AD to correct the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

We reviewed M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011, and M7 Aerospace SA226 Series Service Letter 226-SL-050, issued April 15, 2015. The service information describes procedures for repetitively inspecting and replacing all elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables. 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.

FAA's Determination

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

AD Requirements

This AD retains the actions previously required in AD 2011-17-07 and adds new inspection and replacement requirements for the LH and RH primary flight control rudder cables.

Differences Between This AD and the Service Information

M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011, requires replacing the LH and the RH primary flight control rudder cables every 3,500 hours TIS. This AD requires inspecting the LH and the RH primary flight control rudder cables every 200 hours TIS and requires replacing the LH and the RH primary flight control rudder cables every 800 hours TIS.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because there are no airplanes currently on the U.S. registry and thus, does not have any impact upon the public. Therefore, we find that notice and opportunity for prior public comment are unnecessary and that good cause exists for making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include Docket No. FAA-2015-2435 and Directorate Identifier 2015-CE-020-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

Costs of Compliance

There are no affected airplanes currently on the U.S. registry. However, if an airplane affected by this AD were to become a U.S.-registered airplane, we estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspection of all elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables 100 work-hours × $85 per hour = $8,500 Not Applicable $8,500 None to date. Replacement of all elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables 180 work-hours × $85 per hour = $15,300 $18,800 34,100 None to date. Check (set) flight control cable tension 25 work-hours × $2,125 Not Applicable 2,125 None to date.
    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2011-17-07, Amendment 39-16771 (76 FR 50881, August 17, 2011) and adding the following new AD: 2015-13-10 M7 Aerospace LLC (type certificate previously held by M7 Aerospace LP): Amendment 39-18197; Docket No. FAA-2015-2435; Directorate Identifier 2015-CE-020-AD. (a) Effective Date

    This AD is effective July 21, 2015.

    (b) Affected ADs

    (1) This AD supersedes AD 2011-17-07, Amendment 39-16771 (76 FR 50881, August 17, 2011) (“AD 2011-17-07”).

    (2) AD 87-02-02, Amendment 39-5518 (52 FR 2511, January 23, 1987) relates to the subject of this AD.

    (c) Applicability

    This AD applies to the following M7 Aerospace LLC airplanes, certificated in any category, as identified in table 1 of paragraph (c) of this AD:

    Table 1 of Paragraph (c) of This AD—Applicability Model Serial numbers SA226-T T265, T267 SA226-T(B) T(B)348 SA226-TC TC277 SA226-AT AT071, AT072, AT073 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 27, Flight Controls.

    (e) Unsafe Condition

    This AD was prompted by a report of extensive damage found to the left hand primary flight control rudder cable located under the cockpit floor on one of the airplanes affected by AD 2011-17-07. We are issuing this AD to prevent failure of a rudder, aileron and/or elevator control cable.

    (f) Compliance

    Unless already done, comply with paragraphs (g) through (k) of this AD. If the hours time-in-service (TIS) of the control cables cannot be positively determined by the logbook, then you must use hours TIS of the airplane to comply with the requirements of this AD.

    (g) Primary Flight Control Rudder Cable Inspection

    Within the next 10 hours TIS after July 21, 2015 (the effective date of this AD) or within the next 60 days after July 21, 2015 (the effective date of this AD), whichever occurs first, and repetitively thereafter at or before reaching 200 hours TIS from the last inspection or replacement, do a detailed visual inspection of the left hand (LH) and right hand (RH) primary flight control rudder cables under the floor between FS 116.56 and FS 138.56, with specific focus on the cable and the pulley at FS126.06. Do the inspection as stated in paragraph 4. ACTION of M7 Aerospace SA226 Series Service Letter 226-SL-050, issued April 15, 2015, following the procedures specified in paragraph 2. ACCOMPLISHMENT INSTRUCTIONS, section B., subparagraph (2) of M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011.

    (h) Primary Flight Control Rudder Cable On-Condition Replacement

    Before further flight after any inspection required in paragraph (g) of this AD, if any one of the conditions described in paragraph 2. ACCOMPLISHMENT INSTRUCTIONS, section B., subparagraphs (3)(a) through (3)(d) of M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011, is found, replace the affected primary flight control rudder cable or cables with a new cable. Do the replacements following paragraph 2. ACCOMPLISHMENT INSTRUCTIONS, sections C. through E., including all subparagraphs of M7 Aerospace Service Bulletin 226-27-072, issued June 27, 2011.

    (i) Primary Flight Control Rudder Cable Mandatory Life Limit Replacement

    Within the next 800 hours TIS after the last replacement or within the next 50 hours TIS after July 21, 2015 (the effective date of this AD), whichever occurs later, and repetitively thereafter every 800 hours TIS, replace the LH and RH primary flight control rudder cables with new cables. Do the replacements following paragraph 2. ACCOMPLISHMENT INSTRUCTIONS, sections C. through E., including all subparagraphs of M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011.

    (j) Primary Flight Control and Trim Tab Cable (Other Than Rudder Cables) Mandatory Life Limit Replacement

    (1) For cables with more than 6,000 hours TIS: Inspect cables for deficiencies within 10 hours TIS after September 1, 2011, (the effective date retained from AD 2011-17-07).

    (2) If any deficiencies are found during the inspection required in paragraph (j)(1) of this AD, before further flight replace the cable(s).

    (3) Replace all other primary control and trim tab cables (pilot and co-pilot aileron cables, rudder/aileron interconnect cables, aileron trim tab cables, rudder trim tab cables, and elevator cables) within the initial compliance times as listed in paragraphs (j)(3)(i) through (j)(3)(iii) below and repetitively thereafter at intervals not to exceed 3,500 hours TIS. Do the replacements following paragraph 2. ACCOMPLISHMENT INSTRUCTIONS, sections C. through E., including all subparagraphs of M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011.

    (i) For cables with less than or equal to 3,500 hours TIS: replace cables when the control cables reach a total of 3,500 hours TIS or 150 hours TIS after September 1, 2011, (the effective date retained from AD 2011-17-07), whichever occurs later.

    (ii) For cables with less than or equal to 5,000 hours TIS but greater than 3,500 hours TIS: replace cables within 150 hours TIS after September 1, 2011, (the effective date retained from AD 2011-17-07).

    (iii) For cables with more than 5,000 hours TIS: replace cables within 50 hours TIS after September 1, 2011, (the effective date retained from AD 2011-17-07).

    (k) Set Flight Control Cable Tension

    Between 50 hours TIS and 200 hours TIS after installing any new control cable as required in paragraphs (g) through (j) of this AD, including all subparagraphs, check (set) flight control cable tension following paragraph 2. ACCOMPLISHMENT INSTRUCTIONS, sections C. through E. of M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011.

    (l) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

    (m) Alternative Methods of Compliance (AMOCs)

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

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

    (3) AMOCs approved for AD 2011-17-07, Amendment 39-16771 (76 FR 50881, August 17, 2011) are not approved as AMOCs for the corresponding provisions of this AD.

    (n) Related Information

    For more information about this AD, contact Andrew McAnaul, Aerospace Engineer, FAA, ASW-143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210) 308-3365; fax: (210) 308-3370; email: [email protected]

    (o) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on July 21, 2015.

    (i) M7 Aerospace SA226 Series Service Letter 226-SL-050, issued April 15, 2015.

    (ii) Reserved.

    (4) The following service information was approved for IBR on September 1, 2011 (76 FR 50881, August 17, 2011).

    (i) M7 Aerospace SA226 Series Service Bulletin 226-27-072, issued June 27, 2011.

    (ii) Reserved.

    (5) For M7 Aerospace LLC service information identified in this AD, contact M7 Aerospace LLC, 10823 NE Entrance Road, San Antonio, Texas 78216; phone: (210) 824-9421; fax: (210) 804-7766; Internet: http://www.elbitsystems-us.com; email: [email protected]

    (6) You may view this service information at FAA, 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.

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

    Issued in Kansas City, Missouri, on June 25, 2015. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-16171 Filed 7-2-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2015-0376] RIN 1625-AA08 Special Local Regulations; Annual Events in the Captain of the Port Detroit Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the safety zones for annual marine events in the Captain of the Port Detroit zone on the dates and times noted below. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after marine events. 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 Detroit zone.

    DATES:

    The regulations in 33 CFR 100.921, 33 CFR 100.927, and 33 CFR 100.928 will be enforced on the dates and times noted below.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice, call or email LT Jennifer M. Disco, Waterways Branch Chief, Marine Safety Unit Toledo, 420 Madison Ave., Suite 700, Toledo, OH 43604; telephone (419) 418-6023; email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the special local regulations listed in 33 CFR 100.921, 33 CFR 100.927, and 33 CFR 100.928, Special Local Regulations; Annual Events in the Captain of the Port Detroit Zone, at the following times for the following events:

    (1) Kelley's Island Swim, Lake Erie, Lakeside, OH. The special local regulation listed in 33 CFR 100.921 will be enforced from 7 a.m. until 11 a.m. on July 15, 2015. This special local regulation will encompass all U.S. navigable waters of Lake Erie, Lakeside, OH, contained by a line connecting the following points: two points on land at the Lakeside dock, 41°32′51.96″ N./082°45′3.15″ W. and 41°32′52.21″ N./082°45′2.19″ W., and two points on Kelley's Island at the Kelley's Island Dock, 41°35′24.59″ N./082°42′16.61″ W., and 41°35′24.44″ N./082°42′16.04″ W. (NAD 83).

    (2) Dragon Boat Races, Maumee River; Toledo, OH. The special local regulation listed in 33 CFR 100.927 will be enforced from 6 a.m. to 6 p.m. on June 20, 2015. This special local regulation will encompass all U.S. navigable waters of the Maumee River, Toledo, OH, bound by a line extending from a point on land just north of the Cherry Street Bridge at position 41°39′5.27″ N.; 083°31′34.01″ W. straight across the river along the Cherry Street bridge to position 41°39′12.83″ N.; 083°31′42.58″ W. and a line extending from a point of land just south of International Park at position 41°38′46.62″ N.; 083°31′50.54″ W. straight across the river to the shore adjacent to position 41°38′47.37″ N.; 083°32′2.05″ W. (NAD 83).

    (3) Frogtown Race Regatta, Toledo, OH. The special local regulation listed in 33 CFR 100.928 will be enforced from 5 a.m. to 7 p.m. on September 26, 2015. This special local regulation will encompass all navigable waters of the United States on the Maumee River, Toledo, OH, from the Norfolk and Southern Railway Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River Mile 5.16.

    Under the provisions of 33 CFR 100.921, 33 CFR 100.927, and 33 CFR 100.928, vessels transiting within the regulated area shall travel at a no-wake speed and remain vigilant for event participants and safety craft. Additionally, vessels shall yield right-of-way for event participants and event safety craft and shall follow directions given by the Coast Guard's on-scene representative or by event representatives during the event. The “on-scene representative” of the Captain of the Port Detroit is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port Detroit to act on his behalf. The on-scene representative of the Captain of the Port Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port, Sector Detroit or his designated on scene representative may be contacted via VHF Channel 16.

    Dated: June 8, 2015. Scott B. Lemasters, Captain, U.S. Coast Guard, Captain of the Port Detroit.
    [FR Doc. 2015-16530 Filed 7-2-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2015-0328] RIN 1625-AA08 Special Local Regulations For Marine Events, Manasquan River; Seaside Park, New Jersey AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is temporarily changing the enforcement date of the special local regulation for the recurring New Jersey Offshore Grand Prix, held in the waters of the Manasquan River and Atlantic Ocean, near Seaside Park, New Jersey. The change of enforcement date for the special local regulation is necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in the waters of the Manasquan River and Atlantic Ocean near Seaside Park, New Jersey, from 10:00 a.m. to 5:00 p.m. on July 9, 2015, and July 10, 2015.

    DATES:

    This rule is effective from July 9 to July 30, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket [USCG-2015-0328]. 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, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271-4851, 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 COTP Captain of the Port A. Regulatory History and Information

    The regulation for this recurring marine event may be found at 33 CFR 100.501, Table to § 100.501, section (a), line “7”. This year, the date is different than published in the Table, so this temporary final rule has been issued.

    The Coast Guard is issuing this final rule after publication of NPRM USCG-2015-0328 (80 FR 35281) which received no comments.

    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 because information about the new date was not received by the Coast Guard with sufficient time to make the Final Rule effective 30 days after publication in the Federal Register while also allowing for an opportunity to comment on the proposed rule.

    B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a special local regulation are found in 33 U.S.C. 1233, which authorizes the Coast Guard to establish and define special local regulations.

    The purpose of this special local regulation is to provide for the safety of participants, spectator craft, and other vessels transiting the event area while the Grand Prix is occurring.

    C. Discussion of the Final Rule

    The Coast Guard has previously published a list of annual marine events within the Fifth Coast Guard District and special local regulation locations at 33 CFR 100.501. The Table to § 100.501 identifies special local regulations by COTP zone, with the COTP Delaware Bay zone listed in section “(a.)” of the Table. The Table to § 100.501, at section (a.) event Number “7”, describes the enforcement date and regulated location for this marine event.

    The date listed in the Table has the marine event on the third Wednesday and Thursday of July. However, this temporary rule changes the marine event date to July 9, 2015 and July 10, 2015, to reflect the actual date of the event for this year.

    The Coast Guard will temporarily suspend the regulation listed in Table to § 100.501, section (a) event Number “7”, and insert this temporary regulation at Table to § 100.501, at section (a.) as event Number “15”, in order to reflect that the special local regulation will be effective and enforced from 10:00 a.m. until 5:00 p.m. on July 9, 2015 and July 10, 2015. This change is needed to accommodate the sponsor's event plan. No other portion of the Table to § 100.501 or other provisions in § 100.501 shall be affected by this regulation.

    The regulated area of this special local regulation includes all the waters of the Manasquan River from the New York and Long Branch Railroad Bridge to Manasquan Inlet, together with all of the navigable waters of the United States from Asbury Park, New Jersey, latitude 40°14′00″ N.; southward to Seaside Park, New Jersey latitude 39°55′00″ N., from the New Jersey shoreline seaward to the limits of the Territorial Sea as defined in 33 CFR 2.22.

    A fleet of spectator vessels is anticipated to gather nearby to view the marine event. Due to the need for vessel control during the marine event vessel traffic will be temporarily restricted to provide for the safety of participants, spectators and transiting vessels. Under provisions of 33 CFR 100.501, during the enforcement period, vessels may not enter the regulated area unless they receive permission from the Coast Guard Patrol Commander.

    The Coast Guard may assign an event patrol, as described in 33 CFR 100.40, to each regulated event listed in the table. Additionally, a Patrol Commander may be assigned to oversee the patrol. The event patrol and Patrol Commander may be contacted on VHF-FM Channel 16. During the event, the Coast Guard Patrol Commander may forbid and control the movement of all vessels in the regulated area(s). When hailed or signaled by an official patrol vessel, a vessel in these areas shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property. Coast Guard Sector Delaware Bay will notify the public by broadcast notice to mariners at least one hour prior to the times of enforcement.

    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 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. Although this regulation will restrict access to the regulated area, the effect of this rule will not be significant because: (i) The Coast Guard will make extensive notification of the Special Local Regulation to the maritime public via maritime advisories so mariners can alter their plans accordingly; (ii) vessels may still be permitted to transit through the Special Local Regulation with the permission of the Captain of the Port on a case-by-case basis; and (iii) this rule will be enforced for only the duration of the boat race.

    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 will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to anchor or transit along a portion of Manasquan River and Inlet, as well as the New Jersey shore from Ashbury Park and Seaside Park, New Jersey to the Territorial seas, on July 9, 2015 and July 10, 2015 from 10:00 a.m. to 5:00 p.m., unless cancelled earlier by the Captain of the Port.

    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 involves implementation of regulations within 33 CFR part 100, applicable to Special Local Regulations on the navigable waterways. This zone will temporarily restrict vessel traffic from transiting the Manasquan River in the vicinity of Asbury Park, NJ, in order to protect the safety of life and property on the waters for the duration of the boat race. This rule is categorically excluded from further review under paragraph 34(h) 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. 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. In the Table to § 100.501, suspend line No. (a.)7; and 3. Add line No. (a.)15 to the Table to § 100.501 to read as follows: No. Date Event Sponsor Location (a.) Coast Guard Sector Delaware Bay—COTP Zone 15 July 9th10th New Jersey Offshore Grand Prix Offshore Performance Assn. & New Jersey Offshore Racing Assn The waters of the Manasquan River from the New York and Long Branch Railroad Bridge to Manasquan Inlet, together- with all of the navigable waters of the United States from Asbury Park, New Jersey, latitude 40°14′00″ N; southward to Seaside Park, New Jersey latitude 39°55′00″ N, from the New Jersey shoreline seaward to the limits of the Territorial Sea. The race course area extends from Asbury Park to Seaside Park from the shoreline, seaward to a distance of 8.4 nautical miles.
    Dated: June 30, 2015. B.A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
    [FR Doc. 2015-16504 Filed 7-2-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2015-0457] RIN 1625-AA08 Special Local Regulation; L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NY AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary interim rule with request for comments.

    SUMMARY:

    The Coast Guard is establishing a Special Local Regulation on the navigable waters of the Upper New York Bay and Lower Hudson River, NY for the tall ship L'HERMIONE boat parade. This Special Local Regulation allows the Coast Guard to enforce restrictions on all vessel traffic through the Special Local Regulation during the L'HERMIONE boat parade, both planned and unforeseen, that could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life on the navigable waters during the parade of ships. The Coast Guard is issuing this temporary rule due to the exigent circumstances and invites comments to modify or amend the rule, as necessary.

    DATES:

    This rule is effective and will be enforced from 6 a.m. to 3 p.m. on July 4, 2015.

    Comments and related material may be received by the Coast Guard throughout the effective period.

    Requests for public meetings must be received by the Coast Guard on or before July 27, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of Docket Number USCG-2015-0457. 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.

    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, contact Lieutenant Douglas Neumann, Waterways Management Division at Coast Guard Sector New York, telephone 718-354-4154 or email [email protected] If you have questions on viewing or submitting material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    Table of Acronyms COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 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 in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this proposed 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-2015-0457) 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 currently do not plan to hold a public meeting. You may, however, submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid in this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

    B. Regulatory History and Information

    The Coast Guard is issuing this temporary interim rule without prior notice through an NPRM 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 the event sponsors were late in submitting the marine event application. The Coast Guard will, however, consider comments in issuing a subsequent temporary interim rule or temporary final rule.

    This late submission did not give the Coast Guard enough time to publish an NPRM, take public comments, and issue a final rule before the parade, since the final submission was received on May 13, 2015. It would be impracticable and contrary to the public interest to delay promulgating this rule, as it is necessary to protect the safety of waterway users. At any time, the Coast Guard may publish an amended rule if necessary to address public concerns.

    For the same reasons mentioned above, 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.

    C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1231, 1233; 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 Coast Guard has the authority to establish Special Local Regulations in defined water areas that are determined to have hazardous conditions and in which vessel traffic can be regulated in the interest of safety.

    This rule is prompted by the navigation safety situation created by highly concentrated boat parade through a highly-trafficked harbor.

    The purpose of this rulemaking is to provide for safety on the navigable waters in the regulated area during the parade.

    D. Discussion of the Interim Rule

    The Coast Guard is establishing a Special Local Regulation on the navigable waters of the Upper New York Bay and Lower Hudson River. This Special Local Regulation allows the Coast Guard to enforce restrictions on all vessel traffic through the parade route during the L'HERMIONE Parade, both planned and unforeseen, that could pose an imminent hazard to persons and vessels operating in the area. All vessels participating in the parade must proceed at five knots and display a flag that is blue in color. Parade vessels are required to be power driven. Sailing vessels may hoist sails, but are required to be power driven. All vessels must have the ability to communicate of VHF Frequency channel 8. Parade vessels must keep a distance of 50 yards from the L'HERMIONE at all times, unless authorized by the COTP or a designated representative. All vessels not participating in the parade but viewing the parade must keep a distance of 250 yards from the parade participants and not interfere with marine traffic. Human-powered vessels, such as kayaks and canoes, will not be considered participants in the parade, nor will they be allowed to enter the formation of the parade.

    E. 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 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 Coast Guard determined that this rulemaking will not be a significant regulatory action for the following reasons: vessel traffic will only be restricted for limited durations and the Special Local Regulation covers only a small portion of the navigable waterway. Advanced public notifications will also be made to local mariners through appropriate means, which could include, but would not be limited to, 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 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 enter or transit within the parade route during a vessel restriction period.

    The Special Local Regulation would not have a significant economic impact on a substantial number of small entities for the following reasons: the Special Local Regulation would be of limited size and any waterway closure of short duration. Additionally before the effective period of a waterway closure, advanced public notifications will be made to local mariners through appropriate means, which could include, but would not be limited to, Local Notice to Mariners and Broadcast Notice to Mariners.

    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 (Public Law 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 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 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 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 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 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 rule is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use because 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. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.

    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 restricting vessel movement within an area. This rule is categorically excluded from further review under paragraph 34(h) 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. 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 100

    Safety of life in the regatta or marine parade area.

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for Part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. Add § 100.35T01-0457 to read as follows:
    § 100.35T01-0457 Special Local Regulation; L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NY

    (a) Location. The following area is a Special Local Regulation: All navigable waters, from the Verrazano Bridge North to the East side of the Statue of Liberty and north to Pier 92 on the Hudson River.

    (b) Regulations. (1) The provisions of the general regulations for regulated navigation areas contained in 33 CFR 165.11 and 165.13 apply to the parade route specified in this Special Local Regulation.

    (2) In accordance with the general regulations, entry into or movement within this zone, during periods of enforcement, is prohibited unless authorized by the COTP Sector New York or a designated representative.

    (3) Persons and vessels may request permission to enter the parade route by contacting the COTP or one of the COTP's on-scene representatives on VHF-16 or via phone at 718-354-4353.

    (4) During periods of enforcement, all vessels participating in the parade must proceed at five knots or at such speed dictated by the event organizers. Vessels participating in the parade must display a flag that is blue in color and are required to be power driven. Sailing vessels may hoist sails, but are required to be power driven and must maneuver as power driven vessels. All vessels must have the ability to communicate on VHF Frequency channel 8. Vessels must keep a distance of 50 yards from the L'HERMIONE at all times unless authorized by the COTP or a designated representative. All vessels not participating in the parade but viewing the parade must keep a distance of 250 yards from the parade participants and not interfere with marine traffic. Human power vessels, such as kayaks and canoes will not be considered participants in the parade, nor will they be allowed to enter the formation of the parade.

    (5) Vessels must comply with all directions given to them by the COTP or one of the COTP's on-scene representatives. The “on-scene representative” of the COTP is any Coast Guard commissioned, warrant or petty officer who has been designated by the COTP to act on the COTP's behalf. An on-scene representative may be on a Coast Guard vessel, private vessel, or may be on shore and communicating with vessels via VHF-FM radio or loudhailer. Members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.

    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel must proceed as directed.

    (7) All other relevant regulations, including but not limited to the Rules of the Road (33 CFR 84—Subchapter E, Inland Navigational Rules) remain in effect within the regulated area and must be strictly followed at all times.

    (c) Enforcement period. This regulation is enforceable from 6 a.m. on July 4, 2015 until 3 p.m. on July 4, 2015.

    (1) Prior to commencing or suspending enforcement of this regulation, the COTP will give notice by appropriate means to inform the affected segments of the public, to include dates and times. Such means of notification will include constructive notice by publication in the Federal Register, actual notice, as well as Broadcast Notice to Mariners and Local Notice to Mariners.

    (2) Violations of this Special Local Regulation may be reported to the COTP at 718-354-4353 or on VHF-Channel 16.

    Dated: June 8, 2015. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York.
    [FR Doc. 2015-16506 Filed 7-2-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0075; FRL-9929-73-Region 5] Approval of Air Quality Implementation Plans; Sheboygan County, Wisconsin 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving an Early Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOCs) and oxides of nitrogen (NOX) for Sheboygan County, Wisconsin. Wisconsin submitted an Early Progress Plan for Sheboygan County on January 16, 2015. This submittal was developed to establish MVEBs for the Sheboygan 8-hour ozone nonattainment area. This approval of the Early Progress Plan for the Sheboygan 8-hour ozone area is based on EPA's determination that Wisconsin has demonstrated that the State Implementation Plan (SIP) revision containing these MVEBs, when considered with the emissions from all sources, shows some progress toward attainment from the 2011 base year through a 2015 target year.

    DATES:

    This direct final rule will be effective September 4, 2015, unless EPA receives adverse comments by August 5, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2015-0075, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 692-2450.

    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-2015-0075. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Michael Leslie, Environmental Engineer, at (312) 353-6680 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. What is the background for this action? II. What are the criteria for Early Progress Plans? III. What is EPA's analysis of the request? IV. What are the MVEBs for the Sheboygan County 8-hour ozone area? V. What action is EPA taking? VI. Statutory and Executive Order Reviews I. What is the background for this action?

    EPA's final rule designating nonattainment areas and associated classifications for the 2008 ozone National Ambient Air Quality Standards (NAAQS) was published in the Federal Register on May 21, 2012 (77 FR 30088). Sheboygan County was designated as marginal nonattainment. The Sheboygan County 8-hour ozone area had been previously designated nonattainment for the 1-hour ozone standard and had 1-hour MVEBs for NOX and VOC established in the Wisconsin 1-hour maintenance plan SIP. The 1-hour MVEBs are the only approved MVEBs for Sheboygan County and were based on EPA's MOBILE6.2 emissions model. Consequently, the transportation partners in the Sheboygan area have to use the 1-hour MVEB test to demonstrate transportation conformity for the 8-hour ozone standard until new MVEBs are approved or found adequate, as required by the transportation conformity rule at 40 CFR 93.109(c)(2)(i). Wisconsin submitted this plan to establish new MVEBs developed with EPA's current MOVES2014 model.

    II. What are the criteria for Early Progress Plans?

    EPA allows for the establishment of MVEBs for the 8-hour ozone standard prior to a state submitting its first required 8-hour ozone SIP that would include new MVEBs. Although voluntary, these “early” MVEBs must be established through a plan that meets all the requirements of a SIP submittal. This plan is known as the “Early Progress Plan.” Specifically and in reference to Early Progress Plans, the preamble of the July 1, 2004, final transportation conformity rule (see, 69 FR 40019) reads as follows:

    “The first 8-hour ozone SIP could be a control strategy SIP required by the Clean Air Act (e.g., rate-of-progress SIP or attainment demonstration) or a maintenance plan. However, 8-hour ozone nonattainment areas `are free to establish, through the SIP process, a motor vehicle emissions budget or budgets that addresses the new NAAQS in advance of a complete SIP attainment demonstration. That is, a state could submit a motor vehicle emission budget that does not demonstrate attainment but is consistent with projections and commitments to control measures and achieves some progress toward attainment' (August 15, 1997, 62 FR 43799). A SIP submitted earlier than otherwise required can demonstrate a significant level of emissions reductions from current level of emissions, instead of a specific percentage required by the Clean Air Act for moderate and above ozone areas.”

    The Early Progress Plan must demonstrate that the SIP revision containing the MVEBs, when considered with emissions from all sources, and when projected from the base year to a future year, shows some progress toward attainment. EPA has previously indicated that a 5 percent to 10 percent reduction in emissions from all sources could represent a significant level of emissions reductions from current levels (69 FR 40019). This allowance is provided so that areas have an opportunity to use the budget test to demonstrate conformity as opposed to the interim conformity tests (i.e., 2002 baseline test and/or action versus baseline test). The budget test with an adequate or approved SIP budget is generally more protective of air quality and provides a more relevant basis for conformity determinations than the interim emissions test. (69 FR 40026).

    It should also be noted that the Early Progress Plan is not a required plan and does not substitute for required submissions such as an attainment demonstration or rate-of-progress plan, if such plans become required for the Sheboygan 8-hour ozone area.

    III. What is EPA's analysis of the request?

    On January 16, 2015, the State submitted to EPA an Early Progress Plan for the sole purpose of establishing MVEBs for the Sheboygan 8-hour ozone area. The submittal utilizes a base year of 2011, and a projected year 2015 to establish NOX and VOC MVEBs. The planning assumptions used to develop the MVEBs were discussed and agreed to by the Sheboygan interagency consultation group, which consists of the transportation and air quality partners in the Sheboygan 8-hour ozone nonattainment area. Tables 1 and 2 below show the differences by source categories between the 2011 base year and 2015 forecast year. The NOX and VOC emissions in tons per day (tpd) within the Sheboygan nonattainment area are expected to decrease significantly, 28.6 percent and 8.7 percent, respectively, between 2011 and 2015. These emission trends demonstrate that progress will be made towards attainment of the 2008 8-hour ozone NAAQS.

    Table 1—Sheboygan County NOX Emissions Source 2011 NOX
  • (tpd)
  • 2015 NOX
  • (tpd)
  • Point 10.22 6.15 Area 1.32 1.33 On-road Mobile 5.41 4.44 Non-Road Mobile 3.61 2.76 Total 20.56 14.68 Total Percent Reduction 28.6%
    Table 2—Sheboygan County VOC Emissions VOC Source 2011
  • VOC
  • (tpd)
  • 2015
  • VOC
  • (tpd)
  • Point 2.63 2.63 Area 6.43 6.34 On-road Mobile 2.44 1.97 Non-Road Mobile 3.03 2.76 Total 14.53 13.27 Total Percent Reduction 8.7%

    EPA found these MVEBs adequate for transportation conformity purposes in an earlier action (80 FR 17428). As of April 16, 2015, the effective date of EPA's adequacy finding for these MVEBs, conformity determinations in Sheboygan County must meet the budget test using these 8-hour MVEBs, instead of the 1-hour ozone MVEBs. Please note that this adequacy finding does not relate to the merits of the SIP submittal, nor does it indicate whether the submittal meets the requirements for approval. This EPA rulemaking action takes formal action on the Early Progress Plan SIP revision.

    IV. What are the MVEBs for the Sheboygan 8-hour ozone area?

    Through this rulemaking, EPA is approving the 2015 regional MVEBs for NOX and VOC for the Sheboygan 8-hour ozone area. EPA has determined that the MVEBs contained in the Early Progress Plan SIP revision are consistent with emission reductions from all sources within the nonattainment area and are showing progress toward attainment.

    The 2015 MVEBs in tpd for VOCs and NOX for the Sheboygan County, Wisconsin area are as follows:

    Area 2015
  • NOX
  • (tpd)
  • 2015
  • VOCs
  • (tpd)
  • Sheboygan County 4.435 1.972
    V. What action is EPA taking?

    EPA is approving Sheboygan's Early Progress Plan, including the 2015 MVEBs for NOX and VOC. The Early Progress Plan demonstrates progress towards attainment of the 2008 ozone NAAQS for the Sheboygan nonattainment area. The NOX and VOC emissions reductions from 2011 to 2015 for Sheboygan County nonattainment areas were 28.6 percent and 8.7 percent, respectively. These emission reductions were based on control measures that are permanent and enforceable and will continue to improve air quality in the region, thus demonstrating that the MVEBs are showing progress toward attainment.

    EPA issues this direct final rulemaking in response to Wisconsin's January 16, 2015 submittal of an Early Progress Plan. This revision is a voluntary SIP revision for the sole purpose of establishing MVEBs for the purpose of implementing transportation conformity in the Sheboygan 8-hour ozone area.

    We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the State plan if relevant adverse written comments are filed. This rule will be effective September 4, 2015 without further notice unless we receive relevant adverse written comments by August 5, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective September 4, 2015.

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

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

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

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

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

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

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

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

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

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

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

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 4, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds.

    Dated: June 19, 2015. Susan Hedman, Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    2. Section 52.2585 is amended by adding paragraph (cc) to read as follows:
    § 52.2585 Control strategy: Ozone.

    (cc) Approval—On January 16, 2015, the State of Wisconsin submitted a revision to its State Implementation Plan for Sheboygan County, Wisconsin. The submittal established new Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) for the year 2015. The MVEBs for Sheboygan County are now: 1.972 tons per day of VOC emissions and 4.435 tons per day of NOX emissions for the year 2015.

    [FR Doc. 2015-16396 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0225; FRL-9930-08-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a January 24, 2013 State Implementation Plan (SIP) revision submitted for the State of Maryland by the Maryland Department of the Environment (MDE). This revision pertains to preconstruction permitting requirements under Maryland's minor New Source Review (NSR) program. This action is being taken under the Clean Air Act (CAA).

    DATES:

    This final rule is effective on August 5, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2015-0225. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

    FOR FURTHER INFORMATION CONTACT:

    David Talley, (215) 814-2117, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    On April 29, 2015 (80 FR 23756), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed approval of revisions to MDE's minor NSR program. The formal SIP revision (#12-10) was submitted by MDE on behalf of the State of Maryland on January 24, 2013.

    The revision consists of amendments to Regulation .09 under section 26.11.02 of the Code of Maryland Regulations (COMAR). An amendment to COMAR 26.11.01.01 inadvertently widened the universe of sources that are required to obtain a permit to construct under COMAR 26.11.02.09. The previously approved version of COMAR 26.11.02.09A(4) requires that any “National Emission Standards for Hazardous Air Pollutants Source (NESHAP Source) as defined in section 26.11.01.01 . . .” obtain a permit to construct. The definition of NESHAP Source at COMAR 26.11.01.01B(21) was amended and simplified (specifically, 26.11.01.01B(21)(b)), effective March 5, 2012.1 The revised definition had the unintended consequence of requiring that all sources subject to the NESHAP obtain a permit to construct, even the small emission sources which had previously been exempt under section 26.11.02.10. The proposed revision to section 26.11.02.09A(4) allows MDE to retain the exemptions for smaller sources as originally intended and already approved in the Maryland SIP. Additionally, Regulations .09A(3) and .09A(4) under section 26.11.02 were revised to clarify that electric generating stations that meet the definitions of New Source Performance Standard (NSPS) sources and NESHAP sources are exempt from MDE permitting requirements only if they receive a Certificate of Public Convenience and Necessity (CPCN) from the Maryland Public Service Commission (PSC).

    1 It should be noted that COMAR 26.11.01.01B(21) is not part of the Maryland SIP.

    II. Summary of SIP Revision

    COMAR 26.11.02.09A(4) has been revised to specify that NESHAP sources “. . . as defined by COMAR 26.11.01.01B(21)(a),” are required to obtain a permit to construct. This corrects the unintended consequence of applying MDE permitting requirements to emission sources that would otherwise be exempt. COMAR 26.11.02.09A(6) will continue to require that all sources not explicitly exempt are required to obtain a permit to construct. Additionally, as previously discussed, Regulations .09A(3) and .09A(4) under section 26.11.02 have been revised to clarify that electric generating stations that meet the definitions of NSPS sources and NESHAP sources are exempt from permitting requirements only if they receive a CPCN from the Maryland PSC. The revisions were effective in Maryland on July 8, 2013.

    As was noted in the NPR, limited approval was previously granted to a Maryland SIP revision that included amendments to COMAR 26.11.02.09. See 77 FR 6963 (February 10, 2012). The reasons for that limited approval are unrelated to this action, and do not prevent EPA from granting full approval to amendments to section 26.11.02.09 contained in the January 24, 2013 submittal. That limited approval remains in effect.

    Other specific requirements of MDE's January 24, 2013 submittal and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR.

    III. Final Action

    EPA is approving MDE's January 24, 2013 submittal as a revision to the Maryland SIP. This action is being taken in accordance with CAA section 110.

    IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the MDE rules regarding definitions and permitting requirements discussed in section II of this preamble. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    V. Statutory and Executive Order Reviews A. General Requirements

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

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

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

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

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

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

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

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

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

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

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

    B. Submission to Congress and the Comptroller General

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

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 4, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to Maryland's minor NSR program may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: June 22, 2015. William C. Early, Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart V—Maryland
    2. In § 52.1070, the table in paragraph (c) is amended by revising the entry for COMAR 26.11.02.09. The revised text reads as follows:
    § 52.1070 Identification of plan.

    (c) * * *

    EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP Code of Maryland Administrative
  • Regulations
  • (COMAR) citation
  • Title/subject State effective date EPA approval date Additional explanation/
  • Citation at 40 CFR 52.1100
  • *         *         *         *         *         *         * 26.11.02 Permits, Approvals, and Registration *         *         *         *         *         *         * 26.11.02.09 Sources Subject to Permits to Construct 7/8/13 7/6/15 [Insert Federal Register citation] .09A(3) and .09A(4) are amended. Limited approval remains in effect. *         *         *         *         *         *         *
    [FR Doc. 2015-16386 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-P
    80 128 Monday, July 6, 2015 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2466; Directorate Identifier 2015-CE-018-AD] RIN 2120-AA64 Airworthiness Directives; Piaggio Aero Industries S.p.A Airplanes AGENCY:

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

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Piaggio Aero Industries S.p.A Model P-180 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the need to restore the safe fatigue life of the bulkhead structure. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by August 20, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: (202) 493-2251.

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

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this proposed AD, contact Piaggio Aero Industries S.p.A, Airworthiness Office, Viale Generale Disegna, 1-17038 Villanova d'Albenga, Savona, Italy; telephone: +39 010 6481800; fax: +39 010 6481374; email: [email protected]; Internet: www.piaggioaerospace.it/en/customer-support#care. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2466; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-2466; Directorate Identifier 2015-CE-018-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2015-0071, dated: April 30, 2015 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    In 1997, Piaggio Aero Industries S.p.A (PAI) developed a modification of the forward pressurized bulkhead, published through PAI Service Bulletin (SB) 80-0081, aiming to restore the safe fatigue life of the bulkhead structure.

    Consequently, ENAC Italy (formerly RAI) issued Prescrizione di Aeronavigabilita (PA) 97-148 to require compliance with this SB.

    After RAI PA 97-148 was issued, PAI issued SB 80-0081 Revision 2 to provide improved instructions for specific serial numbers. Prompted by this development, EASA issued AD 2010-0146 superseding PA 97-148 and requiring accomplishment of instruction of PAI issued SB 80-0081 Revision 2.

    After that AD was issued, PAI issued SB 80-0081 Revision 3 to make the instructions for inspection (and, depending on findings, rework/reinforcement) applicable to all aeroplanes.

    For the reasons described above, this AD retains the requirements of EASA AD 2010-0146, which is superseded, requires inspection and, depending on findings, reinforcement of the pressurized bulkhead structure on extended population of aeroplanes. This AD also specifies that certain aeroplanes modified in accordance with SB 80-0081 up to Revision 2 need to be inspected and, depending on findings, reinforced as required by this AD.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2466.

    Related Service Information Under 1 CFR Part 51

    Piaggio Aero Industries S.p.A has issued Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 3, dated: January 20, 2015. The service information describes procedures for inspection and, depending on findings, rework/reinforcement of the bulkhead. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this NPRM.

    FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

    Costs of Compliance

    We estimate that this proposed AD will affect 28 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour.

    Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $2,380, or $85 per product.

    In addition, we estimate that any necessary follow-on actions would take about 88 work-hours and require parts costing $30,000, for a cost of $37,480 per product. We have no way of determining the number of products that may need these actions.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: Piaggio Aero Industries S.p.A: Docket No. FAA-2015-2466; Directorate Identifier 2015-CE-018-AD. (a) Comments Due Date

    We must receive comments by August 20, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Piaggio Aero Industries S.p.A P-180 Model P-180 airplanes, serial numbers (S/N) 1004 through 1033, certificated in any category.

    (d) Subject

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

    (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 the need to restore the safe fatigue life of the bulkhead structure. We are issuing this AD to correct the safe fatigue life of the airplane.

    (f) Actions and Compliance

    (1) Unless already done, do the actions in paragraphs (f)(2) through (f)(4) of this AD at whichever of the following compliance times occurs later:

    (i) Within 1,500 hours time-in-service (TIS) after the effective date of this AD, but not to exceed 6,000 hours total hours TIS on the airplane; or

    (ii) Within 200 hours TIS after the effective date of this AD or 6 months after the effective date of this AD, whichever occurs first.

    (2) Inspect (visually or using a standard endoscope) the forward pressurized bulkhead to verify presence of bulkhead reinforcement following Part A1 of the Accomplishment Instructions of Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 3, dated: January 20, 2015.

    (i) If the inspection results indicate that the reinforcements are properly installed, ascertain (visually or by means of standard endoscope equipment) that there are no cracks or defects. If cracks or defects are identified, before further flight, repair using instructions from Piaggio Aero Industries as identified in Service Letter 80-0097.

    (ii) If the inspection results indicate that the reinforcements are not installed, reinforce the forward pressurized bulkhead following Part A2 of the Accomplishment Instructions of Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 3, dated: January 20, 2015.

    (3) Modify the forward pressurized bulkhead following Part C of the Accomplishment Instructions of Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 3, dated: January 20, 2015.

    (4) This AD allows credit for the actions required in paragraphs (f)(2)(ii) and (f)(3) of this AD if done before the effective date of this AD following the instructions of Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Original Issue, dated: April 28, 1997; Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 1, dated: May 11, 2010; or Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 2, dated: July 19, 2010.

    (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: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

    (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2015-0071, dated April 30, 2015; Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Original Issue, dated: April 28, 1997; Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 1, dated: May 11, 2010; or Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision No. 2, dated: July 19, 2010, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2466. For service information related to this AD, contact Piaggio Aero Industries S.p.A, Airworthiness Office, Viale Generale Disegna, 1-17038 Villanova d'Albenga, Savona, Italy; telephone: +39 010 6481800; fax: +39 010 6481374; email: technicalsuppor[email protected]; Internet: www.piaggioaerospace.it/en/customer-support#care. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on June 25, 2015. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-16293 Filed 7-2-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2456; Directorate Identifier 2015-NM-032-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 767 airplanes. This proposed AD was prompted by reports of cracking at a central part of the structure. This proposed AD would require repetitive inspections of the skin hidden by the upper and lower splice fittings on both sides of the fuselage, and corrective action if necessary. We are proposing this AD to detect and correct fatigue cracking of the hidden fuselage skin and cracking, corrosion, and other damage to the splice fittings and adjacent visible fuselage skin and structure that could lead to loss of a primary load path between the fuselage and the wing box, and consequent reduced structural integrity of the airplane.

    DATES:

    We must receive comments on this proposed AD by August 20, 2015.

    ADDRESSES:

    You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206 766 5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2456.

    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-2015-2456; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-2456; Directorate Identifier 2015-NM-032-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

    Discussion

    While replacing a cracked underwing longeron fitting, a crack indication was found in the STA 786 ring chord at the tension bolt hole common to the wing front spar lower chord and the internal bathtub fittings. There were two similar reports of these findings from two separate operators. The airplanes in these reports had 14,367 and 18,354 flight cycles and 90,389 and 96,826 flight hours, respectively. The current inspections in the Model 767 Maintenance Planning Document are not sufficient to detect any possible fuselage skin crack in the area adjacent to the ring chord at STA 786 before the crack extends to a critical length. The fuselage skin in this area is hidden between the splice fittings on the external side of the fuselage and the bathtub fittings on the internal side. This condition, if not corrected, could result in loss of a primary load path between the fuselage and the wing box, and consequent reduced structural integrity of the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0263, dated January 12, 2015. The service information describes procedures for repetitive inspections of the skin and splice fittings at stringer 29, body station 786 ring chord. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this NPRM.

    FAA's Determination

    We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.” Refer to this service information for details on the procedures and compliance times.

    Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 767-53A0263, dated January 12, 2015, specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways:

    • In accordance with a method that we approve; or

    • Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings.

    Costs of Compliance

    We estimate that this proposed AD affects 430 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection 9 work-hours × $85 per hour = $765 per inspection cycle $0 $765 per inspection cycle $328,950 per inspection cycle.

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

    Explanation of “RC (Required for Compliance)” Steps in Service Information

    The FAA worked in conjunction with industry, under the Airworthiness Directive Implementation Aviation Rulemaking Committee (ARC), to enhance the AD system. One enhancement was a new process for annotating which steps in the service information are required for compliance with an AD. Differentiating these steps from other tasks in the service information is expected to improve an owner's/operator's understanding of crucial AD requirements and help provide consistent judgment in AD compliance. The steps identified as RC (required for compliance) in any service information identified previously have a direct effect on detecting, preventing, resolving, or eliminating an identified unsafe condition.

    For service information that contains steps that are labeled as Required for Compliance (RC), the following provisions apply: (1) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD, and an AMOC is required for any deviations to RC steps, including substeps and identified figures; and (2) steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2015-2456; Directorate Identifier 2015-NM-032-AD. (a) Comments Due Date

    We must receive comments by August 20, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -300F, and -400ER series airplanes, certificated in any category.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by reports of cracking at the station (STA 786) ring chord at the tension bolt hole common to the wing front spar lower chord and the internal bathtub fittings. We are issuing this AD to detect and correct fatigue cracking of the hidden fuselage skin and cracking, corrosion, and other damage to the splice fittings and adjacent visible fuselage skin and structure that could lead to loss of a primary load path between the fuselage and the wing box, and consequent reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Inspection

    At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 767-53A0263, dated January 12, 2015, except as required by paragraph (h) of this AD, do external ultrasonic and detailed inspections to detect cracking, corrosion, or other damage at the splice fitting location, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767-53A0263, dated January 12, 2015.

    (1) If cracking, corrosion, or other damage is not found, repeat the inspections at intervals not to exceed 6,000 flight cycles or 18,000 flight hours, whichever occurs first. Accomplishing a repair as specified in paragraph (g)(2) of this AD terminates the repetitive inspections in the repaired area only.

    (2) If any cracking, corrosion, or other damage is found, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (i) of this AD. The repetitive inspections of paragraph (g)(1) are terminated in the repaired area only.

    (h) Exceptions to Service Information Specifications

    Where Boeing Alert Service Bulletin 767-53A0263, dated January 12, 2015, specifies a compliance time “after the original issue date of this Service Bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: [email protected]

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

    (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (j) Related Information

    (1) For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax: 425-917-6590; email: [email protected]

    (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on June 24, 2015. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-16296 Filed 7-2-15; 8:45 am] BILLING CODE 4910-13-P
    FEDERAL TRADE COMMISSION 16 CFR Part 313 RIN 3084-AB42 Amendment to the Privacy of Consumer Financial Information Rule Under the Gramm-Leach-Bliley Act Correction

    In proposed rule document 2015-14328 beginning on page 36267 in the issue of Wednesday, June 24, 2015, make the following correction:

    On page 36268, in the first column, in the second full paragraph, in the second line, “August 17, 2015” should read “August 31, 2015”.

    [FR Doc. C1-2015-14328 Filed 7-2-15; 8:45 am] BILLING CODE 1505-01-D
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 203 [Docket No. FR-5742-P-01] RIN 2502-AJ23 Federal Housing Administration (FHA): Single Family Mortgage Insurance Maximum Time Period for Filing Insurance Claims, Curtailment of Interest and Disallowance of Operating Expenses Incurred Beyond Certain Established Timeframes AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would establish the maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits. HUD's current regulations are silent with respect to a deadline by which a claim for insurance benefits must be filed with FHA. Due to the downturn in the housing market, which resulted in a significant increase in mortgage defaults, some mortgagees have refrained from promptly filing claims for insurance benefits and instead have opted to wait and file multiple claims with FHA at a single point in time. The uncertainty regarding a deadline by which a claim must be filed, and the number of claims currently being filed at a single point in time strain FHA resources and negatively impact FHA's ability to project the future state of the Mutual Mortgage Insurance Fund (MMIF), and, consequently, the ability of FHA to fulfill its statutory obligation to safeguard the MMIF. To address this concern, HUD proposes to establish a deadline by which a mortgagee must file a claim for insurance benefits. This rule also proposes to revise HUD's policies concerning the curtailment of interest and the disallowance of certain expenses incurred by a mortgagee as a result of the mortgagee's failure to timely initiate foreclosure or timely take such other action that is a prerequisite to submission of a claim for insurance.

    DATES:

    Comment Due Date: September 4, 2015.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.

    1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.

    2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically.

    Note:

    To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the proposed rule.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.

    Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m., weekdays, at the above address. Due to security measures at the HUD Headquarters building, an appointment to review the public comments must be scheduled in advance by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number by calling the Federal Relay Service at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Ivery Himes, Director, Office of Single Family Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9172, Washington, DC 20410; telephone number 202-708-1672 (this is not a toll-free number). Persons with hearing or speech impairments may access this number by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).

    SUPPLEMENTARY INFORMATION: I. Background

    HUD's regulations for FHA single family mortgage insurance are codified in 24 CFR part 203. These regulations address mortgagee eligibility requirements and underwriting procedures, contract rights and obligations, and the mortgagee's servicing obligations. These regulations also address action to be taken by a mortgagee when a mortgagor defaults on a loan, such as undertaking loss mitigation as provided in § 203.501. However, if it is determined that the default is not curable, the mortgagor does not remain in the home, or both, the mortgagee is eligible to file a claim for insurance benefits. (See §§ 203.330 through 203.417.) While the current regulations and related guidance 1 and applicable claim form 2 provide detailed directions about filing a claim for insurance benefits and address various conditions that may be applicable to the filing of a claim (for example, requirements applicable to the title to the property or the condition of the property), the regulations do not establish a deadline by which a mortgagee must file a claim for insurance benefits with FHA except for loans covered under § 203.474. Under the current regulations, as long as the mortgagee complies with all applicable requirements related to a claim for insurance, the mortgagee may file its claim at any time. With respect to payment of the claim, generally FHA pays a claim based on an automated process that includes edit checks and performs post payment reviews.

    1 See http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh/4330.4 and https://entp.hud.gov/pdf/mp_sfs3_cp_clminpt.pdf.

    2http://www.hud.gov/offices/adm/hudclips/forms/files/27011.pdf.

    Mortgagees generally file claims for FHA mortgage insurance within 2 months after the date of the foreclosure sale. In recent years, however, some mortgagees altered this practice and opted to wait and file multiple claims with FHA at a single point in time. In some instances, mortgagees delayed filing claims for 2 years or more after foreclosure sales. The uncertainty regarding the timing of the filing of claims and the high number of claims filed all at once strain FHA resources. This activity has the potential to negatively impact HUD's ability to project the future state of the MMIF, and, consequently, FHA's ability to fulfill the statutory obligation to safeguard the MMIF. A delay in filing a claim also increases interest, property charges and other expenses included in the insurance benefit claim and can result in additional decline in the value of a property that had been the security for the FHA-insured mortgage foreclosed by the mortgagee, thereby reducing the amount FHA could recover on a real estate owned (REO) sales transaction. The proposed rule is designed to address these concerns.

    II. This Proposed Rule

    Through this rule, HUD proposes to amend FHA's regulations in subpart B of 24 CFR part 203, which govern the contract rights and obligations pertaining to FHA single family mortgage insurance. The proposed rule would add a new § 203.317a which would terminate the contract of insurance if the mortgagee fails to file a claim within the maximum time periods established in this rule. It would also amend § 203.318 to provide that written notice of termination required by this section is not required for termination under new § 203.317a. The proposed rule would add a new § 203.372 that would establish a deadline by which an FHA-approved mortgagee (or its approved servicer) must file a claim for insurance benefits. In addition, the proposed rule would amend § 203.402 to establish a deadline to be eligible for reimbursement of certain expenses related to the filing of a claim for insurance benefits and to refine the process by which FHA would curtail interest and decline to reimburse certain expenses under this section. The proposed rule would also amend the heading of § 203.474. These changes would only apply prospectively and would take effect for mortgages endorsed for insurance on or after the effective date of the final rule.

    Termination of Contract of Insurance for Mortgagee's Failure To File a Claim

    New § 203.317a of this proposed rule would cause the contract of insurance to terminate if the mortgagee fails to file a claim within the maximum allowable time periods for filing the claim, and the proposed amendment to § 203.318 would exempt this type of termination from the written notice requirements.

    Deadline by Which Mortgagee Must File a Claim for Insurance Benefits

    In general, proposed § 203.372 will prohibit the filing of a claim for insurance benefits after the passage of a specified amount of time following certain events relating to the submission of a claim. Additionally, it will prohibit the filing of any claim more than 12 months after expiration of a period of time from the date of default that is equal to the amount of time provided in the reasonable diligence timeframe established under § 203.356(b). For purposes of this proposed rule, the date of default is the date defined in 24 CFR 203.331, or 203.467 for rehabilitation loans.

    For a property acquired by the mortgagee through foreclosure, new § 203.372 would require the mortgagee to file a claim for insurance benefits no later than 3 months from the occurrence of one of the following events, whichever is the last to occur: (1) The date of the foreclosure sale; (2) the date of expiration of the redemption period (the period allowed the mortgagor to redeem and regain ownership of the property); (3) the date the mortgagee acquires possession of the property (i.e., the property is vacant); or (4) such further time as the Secretary or Secretary's designee may approve in writing, but in no case may a claim be filed more than 12 months after expiration of a period of time from the date of default that is equal to the amount of time provided in the reasonable diligence time period established pursuant to § 203.356(b), unless an extension is granted pursuant to § 203.496. If a claim is not timely filed, the mortgagee retains ownership of the property and forfeits its right to file a claim for insurance benefits.

    For a property sold through a pre-foreclosure sale (PFS), or Claim Without Conveyance of Title (CWCOT), new § 203.372 would require the mortgagee to file a claim for insurance benefits no later than 3 months following the date of the closing, for PFS, and no more than 12 months after expiration of a period of time from the date of default that is equal to the amount of time provided in the reasonable diligence time period for foreclosure, for CWCOT. If a claim is not timely filed, the mortgagee forfeits its right to file a claim for insurance benefits.

    For a property acquired by the mortgagee through a deed-in-lieu of foreclosure, new § 203.372 would require the mortgagee to file a claim for insurance benefits no later than 3 months following the date of conveyance of the property to the mortgagee or the date of conveyance of the property to HUD, the date of execution of the deed by the mortgagor, or no more than 12 months after the expiration of a period of time from the date of default that is equal to the reasonable diligence time period for foreclosure, whichever occurs first.

    The proposed deadline for filing mortgage insurance claims will bring greater certainty to the claims process, thereby facilitating HUD's ability to comply with its statutory obligation to protect the FHA insurance funds. HUD believes that these time periods in which to submit a claim for insurance, as proposed in new § 203.372, provide mortgagees with sufficient time to take all action necessary to file a claim for insurance benefits. The proposed deadlines would not deny mortgagees the administrative benefits of submitting multiple claims at one time, as long as the individual claims being filed fall within the relevant time periods proposed by this rule. Additionally, the filing of a claim will not toll the deadlines proposed in this rule or guarantee an extension of time in which to file or refile a claim that was withdrawn or denied for any reason.

    Disallowance of Expenses and Requirement To Curtail Interest Due to Failure To Meet Established Timelines

    In addition to establishing a deadline by which a mortgagee must file a claim for insurance benefits, this rule proposes to amend § 203.402 to disallow expenses incurred by a mortgagee prior to the filing of a claim for insurance benefits where such expenses result from a mortgagee's failure to timely initiate foreclosure action or timely take such other action that is a prerequisite to submission of a claim for insurance as established in the part 203, subpart B, regulations.

    The amended § 203.402 emphasizes the need to meet the timelines established in the part 203, subpart B, regulations that pertain to claim procedures and payment of insurance benefits, and where such deadlines are not met, FHA will not reimburse related costs. This proposed rule would refine the time periods in which such expenses are disallowed to provide only for the curtailment of interest and reduction in expenses incurred as a result of the mortgagee's delay. Specifically, in proposed §§ 203.402(k)(1)(ii), 203.402(k)(2)(iii), and 203.402(k)(3)(iii), the interest would be reduced only by the amount determined to have been incurred as a result of the failure of the mortgagee to comply with the specified time periods, rather than for the remaining duration of the life of the mortgage and related FHA insurance contract. The amended § 203.402 would also provide that if the claim is filed after any of the timeframes set forth in new paragraph (u) of this section, then the mortgagee must curtail expenses as provided in that paragraph. The dates that would trigger curtailment of expenses due to failure to meet a deadline on a claim that is filed timely include the following: (1) The timeframe for taking First Legal Action to commence foreclosure; (2) the reasonable diligence timeframe for the state in which the property is located; (3) the timeframe to convey a property after obtaining title and possession; (4) the timeframe for marketing a property; or (5) any other timeframe established under this subpart that is applicable to the claim for insurance benefits. If the amount of incurred expenses is unavailable, then the mortgagee must estimate the expenses incurred (as a prorated amount) as a result of not complying with the deadlines specified for the events numbered (1) through (5). However, nothing in this section limits FHA's right to review a claim for any reason related to protection of the MMIF.

    Examples of Claim Curtailment Proration Example 1

    • The mortgagee completes First Legal Action on calendar day 230 instead of the First Legal Action deadline, which is day 180 (i.e., 6 months). The allowable and reasonable costs including interest, attorney fees, taxes, insurance, homeowner association (HOA)/condominium association (COA) fees, maintenance, etc., incurred during the First Legal Action completion period total $2,750. An extension was either not requested by the mortgagee or was requested and not approved by HUD. Therefore, the mortgagee must curtail $597.82 = {[(230−180)/230]*$2,750} of the First Legal Action costs.

    • The reasonable due diligence timeframe (which includes 30 days to file a claim) is 15 months from the completion of First Legal Action in this hypothetical example.3 The mortgagee conveys the property in conveyance condition in 13 months. The total allowable and reasonable costs incurred for the above-referenced timeframe for taxes, insurance, and maintenance is $15,085. Consequently, the mortgagee is not required to curtail any additional cost.

    3 Reasonable diligence timeframes are established for each jurisdiction and updated by mortgagee letter.

    Final Outcome: The mortgagee is required to curtail total claim expenses of $597.82 = ($597.82+$0).

    Example 2

    • A mortgagee receives a 30 day extension to evaluate a mortgagor for loss mitigation because the mortgagor's expenses have decreased since the previous evaluation for loss mitigation. However, the mortgagor does not qualify for loss mitigation. The mortgagee completes First Legal Action on calendar day 252 instead of the First Legal Action deadline, which is day 210 (i.e., 6 months + 30 day extension). The allowable and reasonable costs including interest, attorney fees, taxes, insurance, maintenance, HOA/COA fees, etc., incurred during the First Legal Action completion period total $10,061. Therefore, the mortgagee must curtail $1,676.83 = {[(252−210)/252]*$10,061} of the First Legal Action costs.

    • The reasonable due diligence timeframe, which includes 30 days to file a claim, is 10 months (300 calendar days) from completing First Legal Action in this hypothetical example.4 The mortgagee conveys the property in conveyance condition in 540 calendar days. The total allowable and reasonable costs incurred for the referenced timeframe for taxes, insurance, and maintenance is $30,200. Therefore, the mortgagee must curtail an additional $13,422.22 of claim cost = {[(540−300)/540]*$30,200}.

    4 Reasonable diligence timeframes are established for each jurisdiction and updated by mortgagee letter.

    Final Outcome: The mortgagee is required to curtail total claim expenses of $15,099.05 = ($1,676.83+$13,422.22).

    Existing § 203.365, which pertains to documents and information to be furnished to the Secretary under a claim review, lists items to be furnished to the Secretary within 45 days after a deed is filed for record in the case of a conveyance claim or within 30 days after the closing of the pre-foreclosure sale in the case of a claim arising from a pre-foreclosure sale. The amended § 203.402 would provide for review of all claims. The amended § 203.402 further provides that, regardless of how FHA reviews a claim for insurance, if FHA determines that a claim includes costs not appropriately curtailed or reduced as established in § 203.402(u)(1), FHA may reduce the claim amount or issue a demand for repayment of all improperly claimed expenses. FHA may also offset future claims if such demand for repayment is not paid by the mortgagee within 30 days.

    The regulatory changes proposed by this rule emphasize the importance of meeting established deadlines and provide for the denial of insurance benefits and disallowance of payment of expenses where such deadlines are not met.

    III. Costs and Benefits of Proposed Rule

    This rule proposes to establish a maximum time period within which an FHA-approved mortgagee must file a claim with FHA for mortgage insurance benefits. Currently, there is not a required timeframe in which mortgagees must file claims for FHA mortgage insurance. The cost to mortgagees of compliance with this proposed rule is expected to be minimal. The cost of compliance for each loan is estimated to be $100, but mortgagees currently bear these costs when they file a claim. This cost consists of 15 minutes of supervisory review and 45 minutes of staff preparation.

    This proposed rule offers many important benefits to FHA, including certainty regarding when payment will be sought on claims and increased recovery on REO sales transactions. In recent years, some mortgagees have opted to wait and file multiple FHA mortgage insurance claims at a single point in time, sometimes delaying the filing of claims for 2 years or more. See Table 1 for data on the timing of the filing of insurance claims. The uncertainty regarding the timing of the filing of claims and the high number of claims filed all at once strain FHA resources. This proposed rule will provide a better measurement of expected claims because it provides a definite date for which the mortgagee is no longer able to file a claim. Additionally, this proposed rule would ease the burden on mortgagees by allowing for the curtailment of interest and expenses associated with the actual delay of the mortgagee, rather than all interest and expenses incurred beyond a missed deadline until the termination of the insurance contract.

    Table 1—Mortgagee Filing of Claims Within Specified Time Periods From FY 2008-2014 Fiscal year Number of claims
  • processed & paid
  • (Total)
  • Claims filed within 30 days of
  • good & marketable title or conveyance extension
  • expiration
  • (percent)
  • Claims filed within 31-60 days of
  • good & marketable title or conveyance extension
  • expiration
  • (percent)
  • Claims filed within 61-90 days of
  • good & marketable title or conveyance extension
  • expiration
  • (percent)
  • Claims filed within 91-180 days of
  • good & marketable title or conveyance extension
  • expiration
  • (percent)
  • Claims filed more than 180 days of
  • good & marketable title or conveyance extension
  • expiration
  • (percent)
  • FY 2008 55,700 60.64 23.57 4.87 6.04 4.88 FY 2009 68,859 55.72 26.74 5.88 6.45 5.21 FY 2010 98,689 49.87 29.41 7.30 8.01 5.41 FY 2011 90,218 46.03 26.33 9.08 10.46 8.10 FY 2012 100,508 41.20 22.83 7.94 10.08 17.95 FY 2013 110,692 35.08 22.09 10.73 17.10 15.00 2014 (10/1/2013-7/18/2014) 50,260 32.30 17.12 11.10 19.03 20.45

    The uncertainty resulting from long-delayed filing of FHA insurance claims has the potential to negatively impact HUD's ability to project the future state of the MMIF, and, consequently, FHA's ability to fulfill its statutory obligation to safeguard the MMIF. Therefore, establishing a timeframe in which mortgagees must file FHA mortgage insurance claims will bring better predictability to FHA. The ability to better project capitalization of the MMIF will lessen the likelihood of FHA needing to obtain a capital infusion to support the solvency of the MMIF.

    When the filing of an FHA insurance claim is delayed, it also results in increased property charges and other expenses included in the insurance benefit claim and can result in additional decline in the value of a property that had been the security for the FHA-insured mortgage foreclosed by the mortgagee, thereby reducing the amount FHA could recover on REO sales transactions. By preventing delayed claim filing, FHA expects to reduce claim cost, primarily due to taxes and insurance, of more than $1,000 per loan for claims filed after the reasonable due diligence timeframes. These benefits, coupled with the minimal compliance costs, motivate FHA's pursuit of this new policy.

    IV. Findings and Certifications Paperwork Reduction Act

    The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB Control Number 2502-0429. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number.

    Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.

    This proposed rule would address an issue that has arisen recently and that is the high number of defaults resulting from the downturn in the housing market that began in late 2007 and early 2008. Until that point, FHA-approved mortgagees filed insurance claims within a reasonable time following a foreclosure of the property or the last event that must be taken by an FHA-approved mortgagee prior to filing the insurance claim. HUD understands the strain on resources placed on FHA-approved mortgagees facing a high number of defaults by their mortgagors, and that bundling and filing multiple claims at a single point in time may be administratively convenient for the mortgagees. However, submission of a high number of claims to FHA by one single mortgagee at one single point in time long after the triggering event strains FHA resources and negatively impacts FHA's ability to project the future state of the MMIF, and, consequently, FHA's ability to fulfill its statutory obligation to safeguard the MMIF. The recent filing of multiple claims at a single point in time has emphasized to FHA the need to establish a deadline for filing insurance claims, which are absent from the regulations. While government and the industry have been working diligently since 2008 to implement requirements and measures to be taken to avoid another housing crisis, a clear deadline for filing an insurance claim will benefit both FHA and FHA-approved mortgagees.

    HUD believes that the relevant time periods to file a claim for insurance benefits are reasonable periods for all FHA-approved mortgagees, large and small, and will not adversely affect any mortgagee. Additionally, HUD's existing regulations authorize the FHA Commissioner to extend any time period for action to be taken by FHA-approved mortgagees under the regulations of 24 CFR part 203, subpart C, and this authorization allows the FHA Commissioner to take into consideration any difficulties that may be faced by a mortgagee to meet a deadline. Moreover, this rule will benefit mortgagees because it will require mortgagees to only curtail the expenses and interest associated with the length of the delay beyond a required deadline, rather than all otherwise permissible expenses after a missed deadline for the remaining life of the loan, regardless of the length of the delay. At present, a missed foreclosure initiation deadline by one day could result in interest curtailment and disallowance of expenses for the remaining life of the loan, through the entire foreclosure and conveyance process until final termination of the FHA insurance contract.

    Accordingly, the undersigned certifies that this rule will not have a significant economic impact on a substantial number of small entities. Notwithstanding HUD's determination that this rule will not have a significant economic impact on a substantial number of small entities, HUD specifically invites comments regarding any less burdensome alternatives to this rule that will meet HUD's objectives as described in the preamble to this rule.

    Environmental Impact

    The proposed rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this proposed rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

    Executive Order 13132, Federalism

    Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either (i) imposes substantial direct compliance costs on state and local governments and is not required by statute, or (ii) preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This proposed rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order.

    Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (UMRA) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and on the private sector. This proposed rule would not impose any federal mandates on any state, local, or tribal governments, or on the private sector, within the meaning of the UMRA.

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for Mortgage Insurance—Homes is 14.117.

    List of Subjects in 24 CFR Part 203

    Hawaiian Natives, Home improvement, Indians—lands, Loan programs—housing and community development, Mortgage insurance, Reporting and recordkeeping requirements, Solar energy.

    Accordingly, for the reasons described in the preamble, HUD proposes to amend 24 CFR part 203 as follows:

    PART 203—SINGLE FAMILY MORTGAGE INSURANCE 1. The authority citation for part 203 continues to read as follows: Authority:

    12 U.S.C. 1709, 1710, 1715b, 1715z-16, 1715u, and 1717z-21; 42 U.S.C. 3535(d).

    2. Add § 203.317a to read as follows:
    § 203.317a Termination for mortgagee's failure to file a claim.

    For mortgages endorsed for insurance on or after [insert effective date], the contract of insurance shall be terminated if the mortgagee fails to file a claim within the maximum time periods for filing a claim of insurance benefits in § 203.372.

    3. Revise § 203.318 to read as follows:
    § 203.318 Notice of termination by mortgagee.

    No contract of insurance shall be terminated until the mortgagee has given written notice thereof to the Commissioner within 15 calendar days from the occurrence of one of the approved methods of termination set forth in this subpart, except that such written notice is not required for termination of the insurance contract under § 203.317a.

    4. Add § 203.372 to read as follows:
    § 203.372 Maximum time period for filing a claim for insurance benefits.

    (a) This section applies to mortgages endorsed for insurance on or after [insert effective date].

    (b) No claim for insurance benefits may be filed, regardless of claim processing type, more than 12 months after expiration of a period of time from the date of default that is equal to the amount of time provided in the reasonable diligence timeframe established under § 203.356(b) for the jurisdiction unless the Secretary has approved an extension. In the event any applicable redemption period exceeds the claim filing timeframe as stated in the previous sentence, the timeframe will be extended by a period of time equal to the applicable redemption period, unless the conveyance is permitted by FHA during the redemption period.

    (c) In addition to the time period in paragraph (b) of this section, no conveyance, pre-foreclosure sale, or deed-in-lieu claim may be filed outside of the time period established by claim type under this paragraph.

    (1) Property acquired by foreclosure. For a property acquired by foreclosure, a mortgagee must file a claim for insurance benefits no later than 3 months from the date of the occurrence of one the following events, whichever event is the last to occur:

    (i) The date of the foreclosure sale;

    (ii) The date of expiration of the redemption period (the period allowed the mortgagor to redeem and regain ownership of the property);

    (iii) The date that the mortgagee acquires possession of the property (i.e., the property is vacant); or

    (iv) Such further time as the Secretary or the Secretary's designee may approve in writing.

    (2) Property not acquired by the Secretary. For a property not acquired by the Secretary that is sold through a pre-foreclosure sale or the claim without conveyance of title (CWCOT) process, the mortgagee must file a claim for insurance benefits no later than 3 months following the date of closing, for a pre-foreclosure sale; or the date determined in paragraph (b)(1) of this section, for a CWCOT.

    (3) Property acquired by means other than foreclosure. For a property acquired by deed-in-lieu of foreclosure, the mortgagee must file a claim for insurance benefits no later than 3 months from the date of conveyance of the property to the mortgagee or the date of conveyance of the property to the Secretary, whichever occurs first.

    (d) Resubmission of claims. The filing of a claim does not toll the time periods set forth in this section or guarantee an extension of time in which to file or refile a claim that has been withdrawn or denied for any reason, including claims resubmitted after the initial claim resulted in a repurchase of a loan or reconveyance of property.

    5. Amend § 203.402 to revise paragraph (k) and add paragraph (u) to read as follows:
    § 203.402 Items included in payment—conveyed and non-conveyed properties.

    (k)(1) Except as provided in paragraphs (k)(1)(i) and (ii) of this section, for properties conveyed to the Secretary and endorsed for insurance on or before January 23, 2004, an amount equivalent to the debenture interest that would have been earned, as of the date such payment is made, on the portion of the insurance benefits paid in cash, if such portion had been paid in debentures, and for properties conveyed to the Secretary and endorsed for insurance after January 23, 2004, debenture interest at the rate specified in § 203.405(b) from the date specified in § 203.410, as applicable, to the date of claim payment, on the portion of the insurance benefits paid in cash.

    (i) For properties endorsed for insurance on January 24, 2004 through [insert day before effective date]:

    (A) When the mortgagee fails to meet any one of the applicable requirements of §§ 203.355, 203.356(b), 203.359, 203.360, 203.365, 203.606(b)(l), or 203.366 within the specified time and in a manner satisfactory to the Secretary (or within such further time as the Secretary may approve in writing), the interest allowance in such cash payment shall be computed only to the date on which the particular required action should have been taken or to which it was extended; and

    (B) When the mortgagee fails to meet the requirements of § 203.356(a) within the specified time and in a manner satisfactory to the Secretary (or within such further time as the Secretary may specify in writing), the interest allowance in such cash payment shall be computed to a date set administratively by the Secretary.

    (ii) For properties endorsed for insurance on or after [insert effective date]:

    (A) When the mortgagee fails to meet any one of the applicable requirements of §§ 203.355, 203.356(b), 203.359, 203.360, 203.365, 203.606(b)(l), 203.366, or 203.402(u), within the specified time and in a manner satisfactory to the Secretary (or within such further time as the Secretary may approve in writing), the interest allowance in such cash payment shall be reduced by the amount determined, based on a pro rata calculation of interest by day, to have been incurred as a result of the failure of the mortgagee to comply with the specified time period; and

    (B) When the mortgagee fails to meet the requirements of § 203.356(a) within the specified time and in a manner satisfactory to the Secretary (or within such further time as the Secretary may specify in writing), the interest allowance in such cash payment shall be reduced by the amount determined, based on a pro rata calculation of interest by day, to have been incurred as a result of the failure of the mortgagee to comply with the specified time period set administratively by the Secretary.

    (2)(i) Where a claim for insurance benefits is being paid without conveyance of title to the Commissioner in accordance with § 203.368 and was endorsed for insurance on or before January 23, 2004, an amount equivalent to the sum of:

    (A) The debenture interest that would have been earned, as of the date the mortgagee or a party other than the mortgagee acquires good marketable title to the mortgaged property, on an amount equal to the amount by which an insurance claim determined in accordance with § 203.401(a) exceeds the amount of the actual claim being paid in debentures; plus

    (B) The debenture interest that would have been earned from the date the mortgagee or a party other than the mortgagee acquires good marketable title to the mortgaged property to the date when payment of the claim is made, on the portion of the insurance benefits paid in cash if such portion had been paid in debentures, except that if the mortgagee fails to meet any of the applicable requirements of §§ 203.355, 203.356, and 203.368(i)(3) and (5) within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be computed only to the date on which the particular required action should have been taken or to which it was extended.

    (ii) Where a claim for insurance benefits is being paid without conveyance of title to the Commissioner in accordance with § 203.368 and was endorsed for insurance on January 24, 2004 through [insert day before effective date], an amount equivalent to the sum of:

    (A) Debenture interest at the rate specified in § 203.405(b) from the date specified in § 203.410, as applicable, to the date that the mortgagee or a party other than the mortgagee acquires good marketable title to the mortgaged property, on an amount equal to the amount by which an insurance claim determined in accordance with § 203.401(a) exceeds the amount of the actual claim being paid in debentures; plus

    (B) Debenture interest at the rate specified in § 203.405(b) from the date the mortgagee or a person other than the mortgagee acquires good marketable title to the mortgaged property to the date when payment of the claim is made, on the portion of the insurance benefits paid in cash, except that if the mortgagee fails to meet any of the applicable requirements of §§ 203.355, 203.356, and 203.368(i)(3) and (5) within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be computed only to the date on which the particular required action should have been taken or to which it was extended.

    (iii) Where a claim for insurance benefits is being paid without conveyance of title to the Commissioner in accordance with § 203.368 and was endorsed for insurance on or after [insert effective date], an amount equivalent to the sum of:

    (A) Debenture interest at the rate specified in § 203.405(b) from the date specified in § 203.410, as applicable, to the date that the mortgagee or a party other than the mortgagee acquires good marketable title to the mortgaged property, on an amount equal to the amount by which an insurance claim determined in accordance with § 203.401(a) exceeds the amount of the actual claim being paid in debentures; plus

    (B) Debenture interest at the rate specified in § 203.405(b) from the date the mortgagee or a person other than the mortgagee acquires good marketable title to the mortgaged property to the date when payment of the claim is made, on the portion of the insurance benefits paid in cash, except that if the mortgagee fails to meet any of the applicable requirements of §§ 203.355, 203.356, 203.368(i)(3) and (5), and 203.402(u) within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be reduced by the amount determined, based on a pro rata calculation of interest by day, to have been incurred as a result of the failure of the mortgagee to comply with the specified time period.

    (3)(i) Where a claim for insurance benefits is being paid following a pre-foreclosure sale, without foreclosure or conveyance to the Commissioner in accordance with § 203.370, and the mortgage was endorsed for insurance on or before January 23, 2004, an amount equivalent to the sum of:

    (A) The debenture interest that would have been earned, as of the date of the closing of the pre-foreclosure sale on an amount equal to the amount by which an insurance claim determined in accordance with § 203.401(a) exceeds the amount of the actual claim being paid in debentures; plus

    (B) The debenture interest that would have been earned, from the date of the closing of the pre-foreclosure sale to the date when payment of the claim is made, on the portion of the insurance benefits paid in cash, if such portion had been paid in debentures; except that if the mortgagee fails to meet any of the applicable requirements of § 203.365 within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be computed only to the date on which the particular required action should have been taken or to which it was extended.

    (ii) Where a claim for insurance benefits is being paid following a pre-foreclosure sale, without foreclosure or conveyance to the Commissioner, in accordance with § 203.370, and the mortgage was endorsed for insurance on January 24, 2004 through [insert day before effective date], an amount equivalent to the sum of:

    (A) Debenture interest at the rate specified in § 203.405(b) from the date specified in § 203.410, as applicable, to the date of the closing of the pre-foreclosure sale, on an amount equal to the amount by which an insurance claim determined in accordance with § 203.401(a) exceeds the amount of the actual claim being paid in debentures; plus

    (B) Debenture interest at the rate specified in § 203.405(b) from the date of the closing of the pre-foreclosure sale to the date when the payment of the claim is made, on the portion of the insurance benefits paid in cash, except that if the mortgagee fails to meet any of the applicable requirements of § 203.365 within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be computed only to the date on which the particular required action should have been taken or to which it was extended.

    (iii) Where a claim for insurance benefits is being paid following a pre-foreclosure sale, without foreclosure or conveyance to the Commissioner, in accordance with § 203.370, and the mortgage was endorsed for insurance on or after [insert effective date], an amount equivalent to the sum of:

    (A) Debenture interest at the rate specified in § 203.405(b) from the date specified in § 203.410, as applicable, to the date of the closing of the pre-foreclosure sale, on an amount equal to the amount by which an insurance claim determined in accordance with § 203.401(a) exceeds the amount of the actual claim being paid in debentures; plus

    (B) Debenture interest at the rate specified in § 203.405(b) from the date of the closing of the pre-foreclosure sale to the date when the payment of the claim is made, on the portion of the insurance benefits paid in cash, except that if the mortgagee fails to meet any of the applicable requirements of § 203.365 within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be reduced by the amount determined, based on a pro rata calculation of interest by day, to have been incurred as a result of the failure of the mortgagee to comply with the specified time period.

    (u) Disallowance of expenses due to mortgagee failure to meet timelines. Notwithstanding any other provision of this section, FHA may deny payment of any amount claimed for any expenses, such as taxes, special assessments, hazard insurance, forced placed insurance, flood insurance, homeowner association (HOA)/condominium association (COA) fees or dues, utilities, inspections, debris removal, and any property preservation and protection expenses, that were paid or incurred by or on behalf of the mortgagee during any period of delay or as a result of any delay by the mortgagee in taking any required actions prior to the expiration of the time periods set forth in paragraph (u)(1) of this section.

    (1) If a mortgagee fails to comply with any of the timeframes established by the Secretary for actions set forth in this paragraph, the mortgagee must curtail all claim expenses in accordance with paragraph (u)(2) of this section:

    (i) The timeframe for taking of First Legal Action to commence foreclosure;

    (ii) The reasonable diligence timeframes established by the state in which the property is located;

    (iii) The timeframe to convey a property after obtaining title and possession;

    (iv) The timeframe for marketing a property; or

    (v) Any other timeframe established under this subpart that is applicable to the mortgagee's filing of a claim for insurance benefits.

    (2) For a mortgagee that does not meet one or more of the deadlines in paragraph (u)(1) of this section, the mortgagee must curtail on a prorated basis:

    (i) Expenses in paragraph (u) of this section incurred during or as a result of any failure by the mortgagee to act within the applicable time period; or

    (ii) Expenses that are reasonably estimated to have been incurred during or as a result of any failure by the mortgagee to act within the applicable time period if the amount of expenses specifically incurred beyond the applicable deadline is unavailable or not itemized; and

    (iii) Any additional expenses incurred as a result of the mortgagee's failure to comply with the timeframe.

    (3)(i) Regardless of the review type, if FHA determines that the mortgagee's claim included expenses incurred after the expiration of a timeframe listed in paragraph (u)(1) of this section, FHA may, in its discretion:

    (A) Reduce the amount of insurance benefits paid to the mortgagee; or

    (B) Demand for repayment of all expenses that were not curtailed by the mortgagee.

    (ii) FHA may offset any future claims made by a mortgagee if the mortgagee does not satisfy any demand for repayment under paragraph (u)(3)(i)(B) of this section within 30 days of the date FHA issues the demand for repayment.

    6. Revise the heading of § 203.474 to read as follows:
    § 203.474 Additional limitation on claim submission for rehabilitation loans secured by other than a first mortgage.
    Dated: May 11, 2015. Edward L. Golding, Principal Deputy Assistant Secretary for Housing.
    [FR Doc. 2015-16479 Filed 7-2-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0423] RIN 1625-AA09 Drawbridge Operation Regulation; Rancocas Creek, Centerton, NJ AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to change the regulation that governs the operation of the SR#38 Bridge in Centerton (Burlington County Route 635) over Rancocas Creek, mile 7.8, at Mt. Laurel, Westampton and Willingboro Townships in Burlington County, NJ. The proposed rule intends to change the current operating regulation and allow the bridge to remain in the closed position for the passage of vessels. There have been no requests for openings since the early 1990's. This proposed rule will also reflect a name change.

    DATES:

    Comments and related material must reach the Coast Guard on or before September 4, 2015. Requests for public meetings must be received by the Coast Guard on or before August 5, 2015.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2015-0423 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 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 proposed rule, call or email Mr. Jim Rousseau, Fifth Coast Guard District Bridge Administration Division, Coast Guard; telephone 757-398-6557, 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 CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code A. Public Participation and Request for Comments

    We encourage you to participate in this proposed 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 proposed rulemaking (USCG-2015-0423), 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 (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 via http://www.regulations.gov, 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 phone 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-2015-0423] 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 them 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-2015-0423 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 plan to hold a public meeting but you may submit a request for one that reaches the Coast Guard on or before August 5, 2015 using one of the four methods specified under ADDRESSES. Please explain why one 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.

    B. Basis and Purpose

    The current operating schedule for the SR#38 bridge is set out in 33 CFR 117.745 (b) which allows the SR#38 Bridge to operate as follows: From April 1 through October 31 open on signal from 7 a.m. to 11 p.m. From November 1 through March 31 from 7 a.m. to 11 p.m. open on signal if at least 24 hours notice is given. Year round from 11 p.m. to 7 a.m. need not open for the passage of vessels.

    The bridge owner, County of Burlington, NJ requested a change in the operation regulation for the SR#38 Bridge, mile 7.8, across Rancocas Creek in Mt. Laurel, NJ and that its name is changed to what it is known locally. The County of Burlington provided information to the Coast Guard about the lack of any openings of the draw spans dating back to the early 1990's. The bridge is currently closed to navigation and vehicular traffic due to emergency repairs and emergency inspections since May 2015. The last requested opening was in the early 1990's as an emergency request. There have been monthly openings as per maintenance requirements.

    In the closed-to-navigation position, the SR#38 Bridge has vertical clearances of six feet above mean high water. Typical waterway users include very small recreational vessels including canoes and kayaks.

    C. Discussion of Proposed Rule

    In order to align the operating schedule of the SR#38 bridge with observed marine traffic the proposed change amends the regulation by adding a paragraph (c) to state “that the bridge need not open.” The lack of requests for vessel openings of the drawbridge for over 20 years illustrates that the vessels that use this waterway can safely navigate while the bridge is in the closed-to-navigation position. The current regulation also incorrectly identifies the bridge as the SR#38 Bridge. This proposed change will change the name to the Centerton County Route 635 Bridge. All language in existing paragraph (b) will remain the same except for the removal of the SR#38 bridge reference.

    While this proposed rule will allow the bridge to remain closed to navigation, it does not alleviate the bridge owner of his responsibility under 33 CFR 117.7.

    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 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 Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Based on County of Burlington bridge tender logs, there will not be any vessels impacted by this proposed change. No bridge openings have been requested in over 20 years.

    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 would not have a significant economic impact on a substantial number of small entities. This action will not have a significant economic impact on a substantial number of small entities for the following reasons: There have been no requests for the bridge to open since the early 1990's, and the bridge has been unable to open since May of 2015.

    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 (Public Law 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, 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 would call for no 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 have determined that it 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 will not result in such 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

    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 rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides 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 simply promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction.

    Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. 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 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:

    PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority:

    33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.

    2. In § 117.745, revise paragraph (b) introductory text and add paragraph (c) to read as follows:
    § 117.745 Rancocas Creek

    (b) The drawspan for the Riverside-Delanco/SR#543 Drawbridge, mile 1.3 at Riverside must operate as follows:

    (c) The draw of the Centerton County Route 635 Bridge, mile 7.8, at Mt. Laurel, need not open for the passage of vessels.

    Dated: June 11, 2015. Robert J. Tarantino, Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard District.
    [FR Doc. 2015-16518 Filed 7-2-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2008-0633; FRL-9929-06-Region 6] Approval and Promulgation of Implementation Plans; Arkansas; Interstate Transport State Implementation Plan To Address Pollution Affecting Visibility AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to disapprove a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas on September 16, 2009, for the purpose of addressing the requirements of the Clean Air Act (CAA) regarding interference with other states' programs for visibility protection for the 2006 revised 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). The EPA is proposing that the Federal Implementation Plan (FIP) we proposed on April 8, 2015, to address certain regional haze and visibility transport requirements for the State of Arkansas also remedies the deficiency created by our proposed disapproval of Arkansas' SIP submittal to address the requirement regarding interference with other states' programs for visibility protection for the 2006 PM2.5 NAAQS.

    DATES:

    Comments must be received on or before August 5, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket No. EPA-R06-OAR-2008-0633, by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments.

    Email: [email protected]

    Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.

    Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.

    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2008-0633. Our 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 we 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 us 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, we recommend 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 we cannot read your comment due to technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: 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:

    Ms. Dayana Medina, 214-665-7241; [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Medina or Mr. Bill Deese at 214-665-7253.

    SUPPLEMENTARY INFORMATION:

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

    I. Background A. Interstate Transport and the 2006 PM2.5 NAAQS

    In 2006, we revised the 24-hour PM2.5 NAAQS to 35 μg/m3 (October 17, 2006, 71 FR 6114). SIPs addressing the interstate transport requirements of section 110(a)(2)(D)(i) of the CAA are due to us within three years after the promulgation of a new or revised NAAQS (or within such shorter period as we may prescribe).1 Section 110(a)(2)(D)(i) of the CAA identifies four distinct elements, sometimes referred to as prongs, related to the evaluation of impacts of interstate transport of air pollutants with respect to a new or revised NAAQS. In this action for the State of Arkansas, we are addressing the second element of section 110(a)(2)(D)(i)(II) with respect to the 2006 24-hour PM2.5 NAAQS. The second element of section 110(a)(2)(D)(i)(II) of the CAA (hereafter referred to as Prong 4) requires that states have a SIP, or submit a SIP revision, containing provisions prohibiting emissions from within a state from interfering with measures required to be included in the implementation plan for any other state under the provisions of Part C of the CAA protecting visibility. Because of the impacts on visibility from the interstate transport of pollutants, we interpret this “good neighbor” provision in section 110 of the CAA as requiring states to include in their SIPs measures to prohibit emissions that would interfere with the reasonable progress goals set to protect Class I areas in other states. This is consistent with the requirements in the regional haze program which explicitly require each state to address its share of the emission reductions needed to meet the reasonable progress goals for surrounding Class I areas.2

    1 CAA Section 110(a)(1).

    2 64 FR 35714, 35735 (July 1, 1999).

    B. Arkansas' Interstate Visibility Transport Submittal for the 2006 PM2.5 NAAQS

    On September 16, 2009, Arkansas submitted a SIP revision intended to address the requirements of Prong 4 with respect to visibility transport for the 2006 PM2.5 NAAQS. This submittal also addressed other “infrastructure” elements specified in CAA section 110(a)(2), necessary to implement, maintain, and enforce the 2006 PM2.5 NAAQS. We previously acted on the portions of the September 16, 2009 submittal that addressed these other infrastructure elements specified in CAA Section 110(a)(2).3 Arkansas' September 16, 2009 SIP submittal that addresses transport for the 2006 PM2.5 NAAQS may be accessed through the www.regulations.gov Web site (Docket No. EPA-R06-OAR-2008-0633). Arkansas indicated in the submittal that it meets the required protection of visibility provisions of CAA section 110(a)(2)(D)(i)(II) for the 2006 PM2.5 NAAQS.

    3 77 FR 50033 (August 20, 2012) and 78 FR 53269 (August 29, 2013).

    II. EPA's Evaluation A. EPA's Approach for Evaluating Interstate Visibility Transport

    In three memos released in 2006, 2009, and 2013, we provided guidance to the states regarding their obligations with respect to Prong 4. In the 2006 memo, we informed states that they could satisfy prong 4 for the 1997 8-hour ozone and PM2.5 NAAQS by making a simple SIP submission confirming that it was not possible at the time to assess whether there was any interference with measures in the SIPs of other states designed to protect visibility until the states' regional haze SIPs were submitted and approved.4 In the 2009 memo, we recommended that a state could meet prong 4 requirements through its Regional Haze SIP.5 EPA's rationale supporting this recommendation was that the development of the regional haze SIPs was intended to occur in a collaborative environment among the states, and that through this process states would coordinate on emissions controls to protect visibility on an interstate basis. The common understanding was that, as a result of this collaborative environment, each state would take action to achieve the emissions reductions relied upon by other states in their reasonable progress demonstrations under the regional haze rule. This interpretation is consistent with the requirement in the regional haze rule that a state participating in a regional planning process must include “all measures needed to achieve its apportionment of emission reduction obligations agreed upon through that process.” See 40 CFR 51.308(d)(3)(ii). Most recently, in the 2013 memo, we suggest ways prong 4 obligations can be satisfied with respect to the 2008 ozone NAAQS, 2010 nitrogen dioxide (NO2) NAAQS, 2010 sulfur dioxide (SO2) NAAQS, and 2012 PM2.5 NAAQS infrastructure SIPs.6 There, we reiterated that states could satisfy prong 4 by confirming that they had fully approved regional haze SIPs.7 We reasoned that a fully approved regional haze SIP necessarily would ensure that emissions from a state's sources were not interfering with measures required to be included in other states' SIPs to protect visibility.8 Alternatively, we explained that a state could satisfy its prong 4 obligations by including in its infrastructure SIP a demonstration that emissions within its jurisdiction do not interfere with other states' plans to protect visibility.9 We clarified that such a submission would need to include measures to limit visibility-impairing pollutants and ensure that the reductions were sufficient to comply with any mutually agreed upon RPGs for downwind Class I areas.10

    4 Office of Air Quality Planning & Standards, U.S. Envtl. Protection Agency, Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards, at 9-10 (Aug. 15, 2006).

    5 Office of Air Quality Planning & Standards, U.S. Envtl. Protection Agency, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS), at 5 (Sept. 25, 2009).

    6 Office of Air Quality Planning & Standards, U.S. Envtl. Protection Agency, Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) (Sept. 13, 2013).

    7Id. at 33.

    8Id.

    9Id. at 34.

    10Id.

    B. Evaluation of Arkansas' Submittal

    An approved regional haze SIP that fully meets the regional haze requirements in 40 CFR 51.308 satisfies the requirement for visibility protection as it ensures that emissions from the state will not interfere with measures required to be included in other state SIPs to protect visibility. Regional haze is visibility impairment that is produced by a multitude of sources and activities which are located across a broad geographic area and emit fine particles (PM2.5) (e.g., sulfates, nitrates, organic carbon, elemental carbon, and soil dust), and their precursors (e.g., SO2, nitrogen oxides (NOX), and in some cases, ammonia (NH3) and volatile organic compounds (VOC)). Fine particle precursors react in the atmosphere to form fine particulate matter that impairs visibility by scattering and absorbing light. Visibility impairment reduces the clarity, color, and visible distance that one can see. PM2.5 can also cause serious health effects and mortality in humans and contributes to environmental effects such as acid deposition and eutrophication.

    In the September 16, 2009 infrastructure SIP submittal for the 2006 PM2.5 NAAQS, Arkansas indicated that it meets the required protection of visibility provisions of section 110(a)(2)(D)(i) of the CAA but did not explain how it meets this requirement. We are proposing to find that Arkansas' SIP does not fully ensure that emissions from sources in Arkansas do not interfere with other states' visibility programs as required under the Prong 4 provision because the SIP does not demonstrate how the requirement is satisfied. Furthermore, we previously found the Arkansas Regional Haze SIP to be deficient and partially disapproved it. In our final rule published on March 12, 2012, we partially approved and partially disapproved the SIP revision submitted by Arkansas in 2008 to address the regional haze requirements (Arkansas Regional Haze SIP).11 This action included a disapproval of a large portion of Arkansas' best available retrofit technology (BART) determinations for its subject to BART sources, as we concluded these BART determinations did not meet the requirements of the CAA and our regional haze regulations. As a result, the corresponding emissions reductions from Arkansas sources that other states had relied upon in their regional haze SIPs would not take place. Therefore, we are proposing to disapprove the portion of Arkansas' September 16, 2009 SIP submittal that addresses the requirements of section 110(a)(2)(D)(i)(II) with respect to visibility transport for the 2006 PM2.5 NAAQS.

    11 77 FR 14604.

    Under section 110(c) of the Act, whenever we disapprove a mandatory SIP submission in whole or in part, we are required to promulgate a FIP within 2 years unless we approve a SIP revision correcting the deficiencies before promulgating a FIP. Specifically, CAA section 110(c) provides that the Administrator shall promulgate a FIP within 2 years after the Administrator disapproves a state implementation plan submission “unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such Federal implementation plan.” The term “Federal implementation plan” is defined in section 302(y) of the CAA in pertinent part as a plan promulgated by the Administrator to correct an inadequacy in a SIP. Thus, upon finalizing our proposed disapproval of Arkansas' SIP submittal addressing the requirements of section 110(a)(2)(D)(i)(II) with respect to visibility transport for the 2006 PM2.5 NAAQS, we would have an obligation to promulgate a FIP for Arkansas, unless we first approve a SIP revision that corrects the deficiencies in the disapproved SIP submittal.

    Our April 8, 2015 proposed FIP corrects the disapproved portions of the Arkansas Regional Haze SIP. The disapproved portions included a majority of the State's BART determinations, the State's reasonable progress analysis and reasonable progress goals, and a portion of the State's long term strategies for its Class I areas.12 Our proposed FIP addresses BART requirements for nine units at six facilities, proposes a reasonable progress analysis and controls for two units at one power plant under the reasonable progress requirements, and proposes revised reasonable progress goals and long-term strategies for Arkansas' two Class I areas. Our proposed Regional Haze FIP together with the already approved portions of the Arkansas Regional Haze SIP address all regional haze requirements for Arkansas and would ensure that the emissions reductions from Arkansas sources that other states relied upon in their regional haze SIPs are achieved. As such, there would be adequate provisions prohibiting any source or other type of emissions activity within Arkansas from emitting any air pollutant in amounts which would interfere with measures required to be included in the applicable implementation plan for any other state to protect visibility.

    12 77 FR 14604.

    III. Proposed Action

    We are proposing to disapprove a portion of a SIP submittal that was submitted by Arkansas on September 16, 2009. The portion of the SIP submittal we are proposing to disapprove addresses the CAA provisions for prohibiting air pollutant emissions from interfering with measures required to protect visibility in any other state for the 2006 24-hour PM2.5 NAAQS. We are proposing to find that the requirements of CAA section 110(a)(2)(D)(i)(II) with respect to visibility transport for the 2006 PM2.5 NAAQS will be satisfied by the combination of the emission control measures in the Regional Haze FIP we proposed on April 8, 2015, and the already approved portions of the Arkansas Regional Haze SIP. We are proposing to determine that the Regional Haze FIP we proposed for Arkansas on April 8, 2015, will satisfy our FIP obligation for interstate transport of air pollution and visibility protection for the 2006 24-hour PM2.5 NAAQS. We will not finalize our proposal that the Regional Haze FIP addresses our FIP obligation unless and until, we finalize our action on the Regional Haze FIP.

    IV. Statutory and Executive Order Reviews

    Under the CAA, 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 act on state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law.

    A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

    B. Paperwork Reduction Act

    This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this proposed SIP disapproval under section 110 and subchapter I, part D of the CAA will not in-and-of itself create any new information collection burdens but simply disapproves certain State requirements for inclusion into the SIP. Burden is defined at 5 CFR 1320.3(b).

    C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.

    After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. This rule does not impose any requirements or create impacts on small entities. This proposed SIP disapproval under section 110 and subchapter I, part D of the CAA will not in-and-of itself create any new requirements but simply disapproves certain State requirements for inclusion into the SIP. Accordingly, it affords no opportunity for EPA to fashion for small entities less burdensome compliance or reporting requirements or timetables or exemptions from all or part of the rule. The fact that the CAA prescribes that various consequences (e.g., higher offset requirements) may or will flow from this disapproval does not mean that EPA either can or must conduct a regulatory flexibility analysis for this action. Therefore, this action will not have a significant economic impact on a substantial number of small entities.

    We continue to be interested in the potential impacts of this proposed rule on small entities and welcome comments on issues related to such impacts.

    D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, local, or tribal governments or the private sector. EPA has determined that the proposed disapproval action does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This action proposes to disapprove pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

    E. Executive Order 13132, Federalism

    Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “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.”

    This proposed action does not have federalism implications. It will not have 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 specified in Executive Order 13132, because it merely disapproves certain State requirements for inclusion into the SIP and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Thus, Executive Order 13132 does not apply to this action.

    F. Executive Order 13175, Coordination With Indian Tribal Governments

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

    G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This proposed action is not subject to Executive Order 13045 because it is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997). This proposed SIP disapproval under section 110 and subchapter I, part D of the CAA will not in-and-of itself create any new regulations but simply disapproves certain State requirements for inclusion into the SIP.

    H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use

    This proposed action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

    I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.

    The EPA believes that this proposed action is not subject to requirements of Section 12(d) of NTTAA because application of those requirements would be inconsistent with the CAA.

    J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.

    EPA lacks the discretionary authority to address environmental justice in this proposed action. In reviewing SIP submissions, EPA's role is to approve or disapprove state choices, based on the criteria of the CAA. Accordingly, this action merely proposes to disapprove certain State requirements for inclusion into the SIP under section 110 and subchapter I, part D of the CAA and will not in-and-of itself create any new requirements. Accordingly, it 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.

    K. Statutory Authority

    The statutory authority for this action is provided by section 110 of the CAA, as amended (42 U.S.C. 7410).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides, Visibility, Interstate transport of pollution, Regional haze, Best available control technology.

    Dated: June 18, 2015. Ron Curry, Regional Administrator, Region 6.

    Title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows:

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

    42 U.S.C. 7401 et seq.

    2. Amend § 52.173 by adding paragraphs (c) and (d) to read as follows: Subpart E—Arkansas
    § 52.173 Visibility Protection

    (c) The portion of the SIP addressing noninterference with measures required to protect visibility in any other state are disapproved for the 2006 24-hour PM2.5 NAAQS.

    (d) The deficiencies in the portion of the SIP pertaining to adequate provisions to prohibit emissions in Arkansas from interfering with measures required to protect visibility in any other state for the 2006 24-hour PM2.5 NAAQS, submitted on September 16, 2009, are remedied by Section 52.173(c).

    [FR Doc. 2015-16389 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0075; FRL-9929-72-Region 5] Approval of Air Quality Implementation Plans; Sheboygan County, Wisconsin 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve an Early Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile organic compounds and oxides of nitrogen for Sheboygan County, Wisconsin. Wisconsin submitted an Early Progress Plan for Sheboygan County on January 16, 2015. This submittal was developed to establish MVEBs for the Sheboygan 8-hour ozone nonattainment area. This approval of the Early Progress Plan for the Sheboygan 8-hour ozone area is based on EPA's determination that Wisconsin has demonstrated that the State Implementation Plan (SIP) revision containing these MVEBs, when considered with the emissions from all sources, shows some progress toward attainment from the 2011 base year through a 2015 target year.

    DATES:

    Comments must be received on or before August 5, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2015-0075, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 692-2450.

    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments.

    FOR FURTHER INFORMATION CONTACT:

    Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule, which is located in the Rules section of this Federal Register. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    Dated: June 19, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-16398 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 8 [GN Docket No. 14-28; DA 15-731] Protecting and Promoting the Open Internet AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    In this document, the Commission via the Consumer and Governmental Affairs Bureau (CGB), seeks comment on whether to maintain a temporary exemption for smaller providers from certain enhancements to the existing transparency rules that govern the content and format of disclosures made by providers of broadband Internet access service.

    DATES:

    Comments are due on or before August 5, 2015. Reply comments are due on or before September 4, 2015.

    ADDRESSES:

    You may submit comments, identified by GN Docket No. 14-28, by any of the following methods:

    • Electronic Filers: Comments may be filed electronically using the Internet by accessing the Commission's Electronic Comment Filing System (ECFS), through the Commission's Web site http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions provided on the Web site for submitting comments. For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal service mailing address, and GN Docket No. 14-28.

    • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    • All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.

    • Commercial Mail sent by overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

    • U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street SW., Washington, DC 20554.

    For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Richard D. Smith, Consumer and Governmental Affairs Bureau, (717) 338-2797.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document DA 15-731, released June 22, 2015 in GN Docket No. 14-28, seeking comment on the exemption from Open Internet enhanced transparency requirements. The full text of document DA 15-731 will be available for public inspection and copying via ECFS, and during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Document DA 15-731 can also be downloaded in Word or Portable Document Format (PDF) at: https://www.fcc.gov/document/cgb-seek-comment-exemption-open-internet-enhanced-transparency. This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. 47 CFR 1.1200 et seq. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

    Paperwork Reduction Act

    The Commission currently has an Office and Management and Budget (OMB) collection 3060-1158 pending OMB's review and approval. The 60 day Federal Register notice seeking comment on the revision was published in the Federal Register on May 20, 2015, at 80 FR 29000. This collection contains information collection requirements for the Open Internet transparency rules, which are subject to the Paperwork Reduction Act (PRA) of 1995. Pub. L. 104-13. However, document DA 15-731 does not modify the existing information collection requirements contained in OMB collection 3060-1158, and it does not contain new or modified information collection requirements subject to the PRA. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002. Public Law 107-198. See also 44 U.S.C. 3506(c)(4).

    Regulatory Flexibility Analysis

    The 2015 Open Internet Order included a Final Regulatory Flexibility Analysis (FRFA) pursuant to 5 U.S.C. 603, discussing the impact on small entities of the policies and rules adopted therein. The Commission incorporates the FRFA and invites parties to file comments in light of document DA 15-731.

    Synopsis

    1. In the 2015 Open Internet Order, published at 80 FR 19738, April 13, 2015, the Commission temporarily exempted those providers with 100,000 or fewer broadband subscribers as per their most recent Form 477, aggregated over all the providers' affiliates from the enhanced transparency requirements adopted therein. At the same time, the Commission stated that “both the appropriateness of the exemption and the [subscriber] threshold require further deliberation,” and directed CGB to seek comment on the exemption and to adopt an order announcing whether it is maintaining an exemption and at what level by no later than December 15, 2015.

    2. While the Commission described the exemption threshold using the terms “subscribers” and “subscriber lines,” it emphasized that the relevant metric should be that used on Form 477. That metric is broadband “connections,” the broadband equivalent of subscriber lines, which the Commission used in the analogous exemption adopted in the Rural Call Completion Order, published at 78 FR 76218, December 17, 2013. For these reasons, we make clear that the exemption from the enhanced transparency requirements applies to providers with 100,000 or fewer broadband connections.

    3. Small Business Exemption. The Commission seeks comment on whether the enhancements to the transparency rule raise compliance burden concerns that warrant making permanent the exemption. The Commission notes that it did not adopt some of the enhancements originally proposed and found those it did adopt were “modest in nature.” The Commission seeks comment on whether the adopted enhanced transparency requirements nevertheless impose burdens on smaller providers sufficient to justify retaining the exemption.

    4. The Commission seeks specific comment on the following questions. What is the burden of the enhanced disclosures to smaller providers as measured in financial and other resources, and how is the burden disproportionately experienced by smaller providers? To the extent that concerns remain regarding any burdens, what is the corresponding benefit to customers of smaller providers of the information contained in those disclosures? For example, to what extent are customers of exempted providers deprived of information they need to understand the services they purchase and receive, and to monitor practices that could undermine an open Internet? Are rural customers likely to be disproportionally affected by exempting smaller providers from the enhanced disclosure requirements?

    5. How should any benefits of the enhanced transparency requirements to customers of exempted providers be balanced against any public interest benefits of reducing burdens to the providers? Will the reduction of compliance burdens for smaller providers benefit consumers in the areas served by those providers by, for example, facilitating broadband deployment, lower prices, or better quality services for consumers?

    6. If the Commission does not make the exemption permanent, would a one-time temporary extension of the exemption for some period be necessary to allow a smooth transition to full compliance, and would such an approach be more beneficial to consumers than a permanent exemption? What period of time would be appropriate for smaller providers to adequately address the potential burdens associated with the enhanced transparency rules? How does the subscriber threshold discussed below affect this analysis? Should the Commission require carriers to report to the Commission on their progress with meeting the goals of the enhanced transparency rules? What conditions may be appropriate for a one-time, temporary extension of the current exemption? What factors should the Commission consider in determining the limitations of a one-time, temporary extension of the exemption? The Commission seeks comment on these and any other relevant issues.

    7. Small Provider Threshold. The Commission set the smaller provider threshold for purposes of the exemption at 100,000 or fewer broadband connections as measured by their most recent Form 477, aggregated over all affiliates. Is this the right threshold for any extension of the exemption? If not, what is a more appropriate level to identify those providers likely to be most disproportionately affected by the new disclosure requirements? How should the Commission determine whether a provider qualifies for the exemption if it is required to file a Form 477 but has not done so? Should such providers be ineligible for the exemption until they have done so? Are there reasons to adopt thresholds that vary for fixed and mobile providers? The Commission notes that the Final Regulatory Flexibility Analysis contained in the 2015 Open Internet Order discusses a number of ways to define the small entities impacted by that Order. The Commission seeks comment on these and any other issues commenters deem relevant.

    Federal Communications Commission. Alison Kutler, Acting Chief, Consumer and Governmental Affairs Bureau.
    [FR Doc. 2015-16493 Filed 7-2-15; 8:45 am] BILLING CODE 6712-01-P
    80 128 Monday, July 6, 2015 Notices UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Notice of July 9 Advisory Committee on Voluntary Foreign Aid Meeting AGENCY:

    United States Agency for International Development.

    ACTION:

    Notice of Meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, notice is hereby given of a meeting of the Advisory Committee on Voluntary Foreign Aid (ACVFA).

    Date: Thursday, July 9, 2015.

    Time: 2:00-4:00 p.m.

    Location: Horizon Ballroom, The Ronald Reagan Building, 1300 Pennsylvania Ave. NW., Washington DC 20004.

    Purpose

    The Advisory Committee on Voluntary Foreign Aid (ACVFA) brings together USAID and private voluntary organization officials, representatives from universities, international nongovernment organizations, U.S. businesses, and government, multilateral, and private organizations to foster understanding, communication, and cooperation in the area of foreign aid.

    Agenda

    USAID Acting Administrator Ambassador Alfonso E. Lenhardt will make opening remarks, followed by panel discussions among ACVFA members and USAID leadership on USAID Forward and Local Solutions. The full meeting agenda will be forthcoming on the ACVFA Web site at http://www.usaid.gov/who-we-are/organization/advisory-committee.

    Stakeholders

    The meeting is free and open to the public. Registration information will be forthcoming on the ACVFA Web site at http://www.usaid.gov/who-we-are/organization/advisory-committee.

    FOR FURTHER INFORMATION CONTACT:

    Jayne Thomisee, [email protected]

    Dated: June 23, 2015. Sylvia Joyner, Program Specialist, U.S. Agency for International Development.
    [FR Doc. 2015-15800 Filed 7-2-15; 8:45 am] BILLING CODE 6116-02-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—Food Program and Reporting System (FPRS) AGENCY:

    Food and Nutrition Service (FNS), USDA.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection, which is a revision of a currently approved form.

    The purpose of the Food and Programs Reporting System (FPRS) is to facilitate data gathering for the reporting of data for the Supplemental Nutrition Assistance Program (SNAP) and the Special Nutrition Programs. FPRS consolidated certain programmatic and financial data reporting requirements in an electronic reporting system and is the primary collection point for FNS program performance statistics and financial data from State agencies (SA), Indian Tribal Organizations (ITO), and U.S. Territories participating in the nutrition assistance programs.

    DATES:

    Written comments must be submitted on or before September 4, 2015.

    ADDRESSES:

    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 has practical utility; (b) the accuracy of the agency's estimate of the burden hours, including the validity of the methodology and assumptions that were used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical or other technological collection techniques or other forms of information technology.

    Comments may be sent to Jane Duffield, Chief, State Administration Branch, Program Accountability and Administration Division, Supplemental Nutrition Assistance Program, U.S. Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Room 818, Alexandria, VA 22302. Comments may also be submitted via fax to the attention of Jane Duffield at 703-605-0795, Room 824, or via email to [email protected]. Comments will also be accepted through the Federal eRulemaking Portal. Go to http://www.regulations.gov and follow the online instructions for submitting comments electronically.

    All written comments will be open for public inspection at the office of FNS during regular business hours (8:30 a.m. to 5:00 p.m. Monday through Friday) at 3101 Park Center Drive, Room 824, Alexandria, Virginia 22302.

    All responses to this notice will be summarized and included in the request for the Office of Management and Budget (OMB) approval. All comments will also be a matter of public record.

    Contact for Further Information: Requests for additional information should be directed to Kelly Stewart at [email protected].

    SUPPLEMENTARY INFORMATION:

    Title: Food Program and Reporting System.

    OMB Number: 0584-0594.

    Form Number and Name: FNS-366B—Program and Budget Summary Statement Part B—Program Activity Statement.

    Expiration Date: 06/30/2016.

    Type of Request: Revision of a currently approved information collection.

    Abstract: Section 16(a) of the Food and Nutrition Act of 2008 (the Act) authorizes 50 percent Federal reimbursement for State agency costs to administer the Supplemental Nutrition Assistance Program (SNAP). SNAP regulations at 7 CFR 272.2(a) require that State agencies plan and budget program operations and establish objectives for the next year. The basic components of the State Plan of Operation are the Federal/State Agreement, the Budget Projection Statement and the Program Activity Statement (§ 272.2(a)(2)). Under § 272.2(c), the State agency shall submit to FNS for approval a Budget Projection Statement (which projects total Federal administrative costs for the upcoming fiscal year) and a Program Activity Statement (which provides program activity data for the preceding fiscal year). Currently, regulations at § 272.2(e) require SA submit the Program Activity Statement, or form FNS-366B, to FNS no later than 45 days after the end of the State agency's fiscal year, which is typically August 15 for most States. Form FNS-366B is required to substantiate the costs the State agency expects to incur during the next fiscal year. It currently provides data on the number of SNAP applications the State agency processed, the number of fair hearings the State agency conducted, and the fraud control activities the State agency engaged. FNS uses the data to monitor State agency activity levels and performance.

    FNS National and Regional Office staff developed national standardized Management Evaluation (ME) protocols for both Recipient Integrity and Program Access. The ME process provides a comprehensive assessment of how effectively States are managing SNAP activities related to the topic area and an opportunity for communication between FNS and State agencies on those management areas. MEs provided FNS the proper channel to discuss with State and local officials ideas for improving form FNS-366B, particularly Section C. In August 2014, the U.S. Government Accountability Office (GAO) completed a study of FNS' oversight of State recipient fraud responsibilities (GAO-14-641, SNAP: Enhanced Detection Tools Could Improve Efforts to Combat Recipient Fraud). GAO concluded FNS' ability to monitor State anti-fraud activities and develop more effective anti-fraud strategies was hindered by the lack of consistency and reliability of State reported data on form FNS-366B. FNS published a Request for Information (RFI) in the Federal Register on October 16, 2014, (79 FR 62096) seeking State agency feedback on the usefulness of the data collected and the level of difficulty completing sections E and F of the form. FNS received responses from 17 State agencies and 1 National organization and the feedback was generally consistent.

    Based on the GAO report, RFI responses, and results of MEs completed to date, it is apparent that State reporting lacks consistency and form FNS-366B data elements and instructions are not clearly defined. Due to the lack of clarity in these instructions, responses are left open to varying interpretation, among States, leading to unreliable reported data. Form FNS-366B lacks certain data elements that would increase its usefulness by providing more accurate information from State agencies on SNAP application timeliness, and on the types and impacts of fraud prevention activities in use. The revision of this form will improve reliability and accuracy of State reporting by adding, removing, and revising data elements related to application processing, fraud investigations, administrative disqualification hearings and prosecutions. By collecting more accurate and useful data SNAP can target technical assistance to those State agencies that need the most significant improvements to their application and recipient integrity processes. The changes to each section of form FNS-366B are specified below. Revisions were made to the form instructions for all revised sections to reflect the new and revised data elements. The revised form is available for review with this docket on www.Regulations.gov, in Supporting Documents.

    Section C.—Certifications: The current form collects information on the approval and denial of initial applications, recertifications, and expedited service. Recent reviews indicate the data reported by States in section C of form FNS-366B are inaccurate and therefore, unreliable. In 2014, FNS introduced a new warning process for States with poor application processing timeliness. FNS has identified inconsistencies between State data received under the warning process and data reported on form FNS-366B. In addition, FNS has identified that State backlogs of initial and recertification applications are an indicator that poor program compliance is adversely affecting program access. Updating form FNS-366B instructions to clarify requested data elements and to include data on overdue applications will assist FNS in monitoring State application timeliness performance. To improve reporting accuracy and usefulness, revisions to form FNS-366B in Section C include:

    (1) Addition of the words “Approved and Denied” in header row (C) Total in section C, Certifications.

    (2) Addition of new column D with subset columns D(1)—D(4), under the header “Approved Overdue Applications” in section C, Certifications.

    a. New column D will collect the counts of overdue applications for “Initial Applications” (line 1), “Recertifications” (line 2), and “Total” (line 3) broken out by “1-30 days” (Column D(1)), “31-60 days” (Column D(2)), “61-90 days” (Column D(3)), and “Over 91 days” (Column D(4)).

    Section D—Fair Hearings: There are no changes to this section. Section D collects data on the number of fair hearings requested and held, as well as the outcomes of those fair hearings.

    Sections E-G—Fraud Activity: Information currently collected on this form includes the total number of fraud referrals, investigations, prosecutions, disqualification consent agreements (DCA), administrative disqualification hearings (ADH), and ADH waivers for the reporting fiscal year. This form further collects data on program dollars associated with pre-certification and post-certification fraud investigations, as well as program dollars that may be recovered when a disqualification is established. Form FNS-366B lacks certain data elements that would increase its usefulness and provide more accurate information on the types and impacts of State fraud prevention activities. In the revised form FNS has replaced insufficient data elements with new reporting elements that better measure the effectiveness and impact of fraud prevention activities, such as those focusing on SNAP recipient benefit trafficking investigations and disqualifications, allowing FNS to better focus fraud prevention and detection strategies where needed. FNS has also added operational efficiency and cost avoidance measures to quantify a return on investment from fraud control activities. To improve reporting accuracy and usefulness, revisions to form FNS-366B in Sections E-G include:

    Section E.—Fraud Investigations:

    (1) Removed requirement to separate investigations by “Pre-certification” (line 1) and “Post-certification” (line 2) and replaced with requirement to separate investigations by “Eligibility Fraud” (line 1) and “Trafficking” (line 2)

    (2) Removed “Referred for Invest.” (column a)

    (3) Changed “Invest Completed—Negative” (column b) to “Completed, Individual Not Referred for ADH or Prosecution”

    a. To collect data on whether investigations not resulting in a fraud Intentional Program Violation (IPV) did result in an overissuance claim due to an Inadvertent Household Error (IHE), sub-columns were added in this section for: “(1) No IHE established”, “(2) IHE Established”, and “(3) $ IHE Established”

    (4) Changed “Invest Completed—Positive” (column c) to “Completed, Individual Referred for ADH or Prosecution” (shifted to column a)

    (5) Removed “Program Dollars” (column d) and “Invest Cancelled” (column f)

    (6) Changed “Invest Pending” (column e) to “Open Investigations, Individuals” (shifted to column c)

    (7) To collect data on operational efficiency, added “Average # of Days per Investigation” (column d), “Investigation Costs” (column e), and “Investigation FTE” (column f)

    Section F.—Administrative Disqualification Hearings:

    (1) Split Section F on current form into sections F and G on revised form. Section F now collects data on Administrative Disqualification Hearings (ADH) only.

    (2) Removed “Cases (Persons) Referred” (column a)

    (3) Changed “Upheld Convictions” (column d) to “ADH Completed, Individual Disqualified” (shifted to column a)

    (4) Changed “Waivers” (column c) to “Waiver Signed, Individual Disqualified” (shifted to column b)

    (5) Changed “Actually Acquitted” (column e) to “ADH Completed, Individual Not Disqualified” (shifted to column c)

    (6) To collect data on operational efficiency, added “Average # of Days from Referral to Disqualification” (column d)

    (7) Changed “Program Dollars” (shifted to column e) to include “Amount Subject to Claim” (e1) and “Cost Savings” (e2)

    (8) Removed “Pending Decisions” (column g)

    (9) To capture cases referred for ADH, but awaiting action by the State agency, added “Referred Individuals Awaiting Scheduling” (column f)

    a. To collect data on the number of days cases await ADH scheduling, sub-columns were added in this section for: “(1) 0-180 Days”, “(2) 181-365 Days”, and “(3) 366+ Days”.

    (10) Shifted “Decisions Overdue” to column g

    Section G.—Prosecutions:

    (1) Split Section F on current form into sections F and G on revised form. Section G proposes to collect data on Prosecutions only.

    (2) Removed “Cases (Persons) Referred” (column a)

    (3) Changed “Upheld Convictions” (column d) to “Prosecution Completed, Individual Disqualified” (shifted to column a)

    (4) Changed “Waivers” (column c) to “DCA Signed, Individual Disqualified” (shifted to column b)

    (5) Changed “Actually Acquitted” (column e) to “Prosecution Completed, Individual Not Disqualified” (shifted to column c)

    (6) To collect data on operational efficiency, added “Average # Days from Referral to Disqualification” (column d)

    (7) Changed “Program Dollars” (shifted to column e) to include “Amount Subject to Claim” (e1) and “Cost Savings” (e2)

    (8) Removed “Pending Decisions” (column g)

    (9) To capture cases referred to the prosecuting agency, but awaiting action, added “Referred Individuals, No Action by Prosecutor” (column f)

    a. To collect data on the status of cases awaiting action, sub-columns were added in this section for: “(1) 366+ Days” and “(2) Reclaimed for ADH”.

    Section H.—Remarks:

    (1) Added remarks section (Section H) to allow space for State agencies to provide any additional information necessary to support data reported on the FNS-366B.

    The current burden for FNS 366 B is 950.29 hours. As a result of these revisions, there is an anticipated burden of 1,855, an increase of 904.71 hours for form FNS-366B. As this is a revision to form FNS-366B within the FPRS system, the total FPRS burden is summarized below.

    Reporting Burden Estimates

    Form FNS-366B. Fifty-three (53) SA submit 1 response annually for a total of 53 annual responses. The annual reporting burden for form FNS-366B report is 35 hours per respondent to complete the form. The reporting burden for form FNS-366B alone is 1,855 hours (53SA × 1 annual report = 53 total annual responses × 35 hours per response = 1,855). There are recordkeeping burdens which are maintained in a separated OMB Control No.: 0584-0083, Expiration Date: 4/30/2017. As this is a revision to the reporting burden estimates for form FNS-366B within the FPRS system, the total FPRS burden is summarized below.

    Affected Public: State, Local and Tribal Government Agencies.

    Estimated Number of Respondents: 3,266.

    Number of Responses per Respondent: 7.3.

    Estimated Total Annual Responses: 23,789.

    Hours per Response: 3.7.

    Total Annual Burden Hours: 87,716.

    Dated: June 25, 2015. Jeffrey J. Tribiano, Acting Administrator, Food and Nutrition Service.
    [FR Doc. 2015-16476 Filed 7-2-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service Ketchikan Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Ketchikan Resource Advisory Committee (RAC) will meet in Ketchikan, Alaska. 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. The meeting is open to the public. Additional RAC information, including the meeting agenda and the meeting summary/minutes can be found at the following Web site: https://wwwls.usda.gov/pts/.

    DATES:

    The meeting will be held July 22, 2015, at 10:00 a.m. 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 Ketchikan Misty Fiords Ranger District, 3031 Tongass Avenue, Ketchikan, Alaska. A conference line has been set up for those wishing to listen in by telephone, for the conference call number, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    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 Ketchikan Misty Fiords Ranger District. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Diane L. Olson, RAC Coordinator, by phone at 907-228-4105 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:

    1. To update members on past RAC projects, and

    2. Propose new RAC projects.

    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 10, 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 Diane L. Olson, RAC Coordinator, Ketchikan Misty Fiords Ranger District, 3031 Tongass Avenue, Ketchikan, Alaska 99901; by email to [email protected], or via facsimile to 907-225-8738. 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 25, 2015. Jeffrey DeFreest, District Ranger.
    [FR Doc. 2015-16318 Filed 7-2-15; 8:45 am] BILLING CODE 3411-15-M
    DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Notice of Intent To Request an Extension of a Currently Approved Information Collection AGENCY:

    National Institute of Food and Agriculture, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations which implement the Paperwork Reduction Act of 1995, this notice announces the National Institute of Food and Agriculture's (NIFA) intention to request approval to extend the currently approved information collection in support of authorizations to use the 4-H Club Name and/or Emblem.

    DATES:

    Written comments on this notice must be received by September 4, 2015 to be assured of consideration. Comments received after that date will be considered to the extent practicable.

    ADDRESSES:

    Written comments concerning this notice and requests for copies of the information collection may be submitted by any of the following methods: Email: [email protected]; Fax: 202-720-0857; Mail: Office of Information Technology (OIT), NIFA, USDA, STOP 2216, 1400 Independence Avenue SW., Washington, DC 20250-2216

    FOR FURTHER INFORMATION CONTACT:

    Robert Martin, eGovernment Program Leader; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Application for Authorization to Use the 4-H Club Name and/or Emblem.

    OMB Number: 0524-0034.

    Expiration Date of Current Approval: January 31, 2016.

    Type of Request: Intent to seek approval for the extension of a currently approved information collection for three years.

    Abstract: Use of the 4-H Club Name and/or Emblem is authorized by an Act of Congress (18 U.S.C. 707). Use of the 4-H Club Name and/or Emblem by anyone other than 4-H Clubs and those duly authorized by them, representatives of the United States Department of Agriculture, the land grant colleges and universities, and persons authorized by the Secretary of Agriculture is prohibited by the provisions of 18 U.S.C. 707. The Secretary of Agriculture has delegated authority to the Administrator of NIFA to authorize others to use the 4-H Club Name and Emblem. The Administrator has promulgated regulations at 7 CFR part 8 that govern such use. The regulatory requirements for use of the 4-H Club Name and/or Emblem reflect the high standards of 4-H and its educational goals and objectives. Pursuant to provisions of 7 CFR part 8 anyone requesting authorization from the Administrator to use the 4-H Club Name and Emblem is asked to describe the proposed use in a formal application. The collection of this information is used to determine whether the applicant's proposed use will meet the regulatory requirements in 7 CFR part 8 and whether an authorization for use should be granted.

    Need and Use of the Information: NIFA will collect information on the name of the individual, partnership, corporation, or association; the organizational address; the name of an authorized representative; the telephone number, fax number, and email address; the proposed use of the 4-H Club Name and/or Emblem; and the plan for sale or distribution of the product bearing the 4-H Club Name and/or Emblem. The information collected by NIFA will be used to determine if those applying to use the 4-H Name and/or Emblem meet the regulatory requirements. If the information is not collected, it would not be possible to ensure that the products, services, and materials meet the regulatory requirements as well as 4-H educational goals and objectives.

    Estimate of Burden: No changes have been proposed to this collection and the public reporting burden remains at the estimated average of 0.5 hours per response for 75 respondents.

    Respondents: Individuals, households, business or other for-profit or not-for-profit institutions.

    Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request to OMB for approval. All comments will become a matter of public record.

    Done in Washington, DC, this 23rd day of June, 2015. Ann Bartuska, Deputy Under Secretary, Research, Education, and Economics.
    [FR Doc. 2015-16470 Filed 7-2-15; 8:45 am] BILLING CODE 3410-22-P
    DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Notice of Intent To Revise and Extend a Currently Approved Information Collection AGENCY:

    National Institute of Food and Agriculture, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with Office of Management and Budget (OMB) regulations that implement the Paperwork Reduction Act of 1995, this notice announces the National Institute of Food and Agriculture's (NIFA) intention to request Office of Management and Budget (OMB) approval for the revision and extension of a currently approved information collection for the Expanded Food and Nutrition Education Program (EFNEP).

    DATES:

    Written comments on this notice must be received by September 4, 2015, to be assured of consideration. Comments received after that date will be considered to the extent practicable.

    ADDRESSES:

    Written comments concerning this notice and requests for copies of the information collection may be submitted by any of the following methods: Email: [email protected]; Fax: 202-720-0857; Mail: Office of Information Technology (OIT), NIFA, USDA, STOP 2216, 1400 Independence Avenue SW., Washington, DC 20250-2216.

    FOR FURTHER INFORMATION CONTACT:

    Robert Martin, eGovernment Program Leader; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Expanded Food and Nutrition Education Program.

    OMB Number: 0524-0044.

    Expiration Date of Current Approval: January 31, 2016.

    Type of Request: Intent to seek approval for the revision and extension of a currently approved information collection for three years.

    Abstract: NIFA's Expanded Food and Nutrition Education Program (EFNEP) is a unique program that began in 1969 and is designed to reach limited resource audiences, especially youth and families with young children. EFNEP is authorized under section 1425 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175) and funded under section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)). Extension professionals train and supervise paraprofessionals and volunteers who teach food and nutrition information and skills to limited resource families and youth. EFNEP operates through the 1862 and 1890 Land Grant Universities (LGU) in all 50 States, the District of Columbia, and in American Samoa, Guam, Micronesia, Northern Marianas, Puerto Rico, and the Virgin Islands.

    The objectives of EFNEP are to assist limited resource families and youth in acquiring the knowledge, skills, attitudes, and changed behaviors necessary for nutritionally sound diets, and to contribute to their personal development and the improvement of the total family diet and nutritional well-being.

    NIFA sponsors an integrated data collection process that is used at the county, State, and Federal level. The current data collection system, the Web-based Nutrition Education Evaluation and Reporting System (WebNEERS), captures EFNEP impacts. Its purpose is to gauge if the Federal assistance provided has had an impact on the target audience. It also enables EFNEP staff to make programmatic improvements in delivering nutrition education. Further, the data collected provide information for program management decisions and diagnostic assessments of participant needs. In order to capture all of EFNEP's reporting requirements in one place, EFNEP program plans and budgetary data are now submitted, reviewed, and approved through WebNEERS. These EFNEP specific reporting requirements are tied to release of Federal EFNEP funds.

    Specifications for this system were developed by a committee of representatives from across the United States and are in compliance with Federal standards for maintaining, collecting, and presenting data on race and ethnicity and protecting personally identifiable information.

    WebNEERS stores information on: (1) Adult program participants, their family structure, and dietary practices; (2) youth group participants; (3) staff; (4) annual budgets; and (5) annual program plans. WebNEERS is one web-based system which operates on three levels: The Region level (County), Institution level (university), and the Federal level. Data are entered at the regional level. They are available in aggregated form at the Institution level in real time. University staff generates State-level reports for State-level stakeholders and to guide program management decisions (State also refers to the District of Columbia and the insular areas; in States that have both 1862 and 1890 LGUs, it refers to the individual universities). Data are not available to the Federal level until the university staff submits them. This process allows for State and National assessments of the program's impact. The National data are used to create National reports which are made available to the public.

    There are revisions to the currently approved collection. WebNEERS is an update to the currently approved NEERS5 system. WebNEERS is a secure online system designed, hosted, and maintained by Clemson University. WebNEERS is accessed through the Internet via Internet Explorer, Firefox, Google Chrome, and Safari web browsers. It can also be accessed through mobile devices and tablets. It incorporates local, university, and Federal components from the NEERS5 system as well as new elements such as the EFNEP 5-Year Plan/Annual Update (program plan), the EFNEP budget and budget justification, and the social ecological framework of the Community Nutrition Education (CNE) logic model. Only approved users can access WebNEERS and each user can only access data based on his/her defined permissions. The updated system also has the capability to export raw data for external analysis. Data exported from WebNEERS do not include personally identifiable information. Several stakeholder groups provided input on the updated system to ensure that EFNEP continues to collect only those data which it needs for evaluation and reporting. These groups also gave feedback to improve user interfaces and to improve functionality and capabilities of the system.

    The evaluation processes of EFNEP remain consistent with the requirements of Congressional legislation and OMB. The Government Performance and Results Act (GPRA) of 1993 (Pub. L. 103-62), the GPRA Modernization Act of 2010 (Pub. L. 111-352), the Federal Agriculture Improvement Reform (FAIR) Act of 1996 (Pub. L. 104-127), and the Agricultural Research, Extension and Education Reform Act (AREERA) of 1998 (Pub. L. 105-185), together with OMB requirements, support the reporting requirements requested in this information collection. Section 804 of the FAIR act requires the development and implementation of a system to monitor and evaluate agricultural research and extension activities in order to measure the impact and effectiveness of research, extension, and education programs. AREERA requires a performance evaluation to be conducted to determine whether Federally funded agricultural research, extension, and education programs result in public goods that have national or multistate significance.

    Estimate of Burden: The total annual estimated burden for WebNEERS is 86,826 hours for this data collection process—for participant education and data entry, aggregation, and reporting; and for preparation, review, and submission of EFNEP program plans and budgetary information. The burden for respondents was estimated through feedback from a survey sent by Clemson University to nine EFNEP Coordinators and their data managers. Seven surveys were returned. The estimate was 1,158 hours per response and annually there are 75 total responses. Burden estimates are seven percent lower than they were for NEERS5 even with the inclusion of the new reporting elements (EFNEP program plans and budgets). This indicates that even though additional reporting requirements were included in the updated system, the overall burden to the users was reduced.

    Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Done in Washington, DC, this 23rd day of June, 2015. Ann Bartuska, Deputy Under Secretary, Research, Education, and Economics.
    [FR Doc. 2015-16472 Filed 7-2-15; 8:45 am] BILLING CODE 3410-22-P
    DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program AGENCY:

    Rural Business-Cooperative Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This Notice announces the solicitation of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program), formerly the Biorefinery Assistance Program, to provide guaranteed loans to fund the development, construction, and Retrofitting of Commercial Scale biorefineries using Eligible Technology and of Biobased Product Manufacturing facilities that use Technologically New Commercial Scale processing and manufacturing equipment to convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products, on a Commercial Scale.

    DATES:

    With this Notice, the Agency is announcing two separate application cycles, which are established in accordance with 7 CFR 4279.260(b), with application deadlines of October 1, 2015, and April 1, 2016.

    The first application cycle begins with publication of this Notice and extends no later than 4:30 p.m. Eastern Daylight Time, October 1, 2015. The second application cycle begins at the close of the first application cycle and extends no later than 4:30 p.m. Eastern Daylight Time, April 1, 2016. Applications received after the close of the second application cycle will be considered in the subsequent application cycle. All applications received prior to October 1, 2015, will be evaluated under 7 CFR part 4279, subpart B, published in the Federal Register on June 24, 2015.

    ADDRESSES:

    Applications and forms may be obtained from:

    • USDA, Rural Business-Cooperative Service, Energy Division, Attention: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 1400 Independence Avenue SW., STOP 3225, Washington, DC 20250-3225.

    • Agency Web site: http://forms.sc.egov.usda.gov/eForms. Follow instructions for obtaining the application and forms. Application materials can also be obtained from the Agency's Web site. http://www.rd.usda.gov/programs-services/biorefinery-assistance-program.

    FOR FURTHER INFORMATION CONTACT:

    Todd Hubbell, Rural Business-Cooperative Service, Energy Division, Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, USDA, 1400 Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. Telephone: 202-690-2516. Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the information collection requirements associated with the Program, as covered in this Notice, have been submitted to the Office of Management Budget (OMB) under OMB Control Number 0570-0065, for OMB approval.

    Overview

    Federal Agency Name: Rural Business-Cooperative Service (an Agency of USDA in the Rural Development mission area).

    Solicitation Opportunity Title: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program.

    Announcement Type: Notice of Solicitation of Applications.

    Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA number for this Notice is 10.865.

    Dates: To receive Program funds for the first application cycle, applications must be received in the USDA Rural Business-Cooperative Service, Energy Division no later than 4:30 p.m. Eastern Daylight Time on October 1, 2015, to compete for program funds. To receive Program funds for the second application cycle, applications must be received in the USDA Rural Business-Cooperative Service, Energy Division no later than 4:30 p.m. Eastern Daylight Time on April 1, 2016. Any application received after 4:30 p.m. Eastern Daylight Time on April 1, 2016, will be considered for the subsequent application cycle for the Program.

    Availability of Notice and Rule: This Notice and the interim rule for the Program are available on the USDA Rural Development Web site at http://www.rd.usda.gov/programs-services/biorefinery-assistance-program and at http://www.rd.usda.gov/newsroom.

    I. Funding Opportunity Description

    A. Purpose of the Program. The purpose of the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Program is to assist in the development of new and emerging technologies for the development of Advanced Biofuels, Renewable Chemicals, and Biobased Product Manufacturing. This is achieved through guarantees for loans made to fund the development, construction, and Retrofitting of Commercial Scale biorefineries using Eligible Technology and of Biobased Product Manufacturing facilities that use Technologically New Commercial Scale processing and manufacturing equipment and required facilities to convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products on a Commercial Scale.

    B. Statutory Authority. This Program is authorized under 7 U.S.C. 8103. Regulations are contained in 7 CFR part 4279, subpart C and in 7 CFR part 4287, subpart D.

    C. Definition of Terms. The definitions applicable to this Notice are published at 7 CFR 4279.202 and 7 CFR 4287.302.

    D. Application Awards. The Agency will review, evaluate, score, and award applications received in response to this Notice based on the provisions found in 7 CFR part 4279, subpart C and as indicated in this Notice.

    II. Award Information

    A. Available Funds. This Notice is a solicitation for applications that will be funded using budget authority provided by the Agricultural Act of 2014 (2014 Farm Bill) and available under current law. Of the funds available, the 2014 Farm Bill provided for up to 15 percent of the mandatory funds for fiscal years 2014 and 2015 to promote Biobased Product Manufacturing.

    B. Type of Award. Guaranteed loan.

    D. Guarantee Loan Funding. The provisions of 7 CFR 4279.232 apply to this Notice. The Borrower needs to provide the remaining funds from other non-Federal sources to complete the Project.

    E. Guarantee and Annual Renewal Fees. The guarantee and Annual Renewal Fees specified in 7 CFR 4279.231 are applicable to this Notice.

    F. Anticipated Award Date. The award date will vary based on timing of completion of each Project's individual application process.

    III. Eligibility Information

    A. Eligible Lenders. To be eligible for this Program, Lenders must meet the eligibility requirements in 7 CFR 4279.208.

    B. Eligible Borrowers. To be eligible for this Program, Borrowers must meet the eligibility requirements in 7 CFR 4279.209.

    C. Eligible Projects. To be eligible for this Program, Projects must meet the eligibility requirements in 7 CFR 4279.210.

    D. Application Completeness. Incomplete Phase 1 applications will be rejected and the Project will be given no further consideration. Lenders will be informed of the elements that made the application incomplete. If the Lender makes the required edits and resubmits the application to the USDA's Rural Business-Cooperative Service, Energy Division by 4:30 p.m. Eastern Daylight Time, on the closing date, the Agency will reconsider the application.

    IV. Application Submission Information

    A. Letter of Intent. For each guarantee request, the Lender or the Borrower must submit to the Agency a non-binding letter of intent to apply for a loan guarantee not less than 30 calendar days prior to the application deadline. The letter must conform to 7 CFR 4279.260. The purpose of the letter of intent is to notify the Agency approximately how many applications will need to be reviewed, so that Agency resources can be organized to adequately and expeditiously review all applications. The Agency reserves the right to request additional information from potential applicants. Applications that do not submit a letter of intent within 30 days of the application deadline will not be accepted by the Agency in that particular application cycle.

    B. Applications. For each guarantee request, the Lender must submit to the Agency an application in conformance with 7 CFR 4279.261. Phase 1 applications will provide information to determine Lender, Borrower, and Project eligibility; preliminary economic and technical feasibility; and the priority score of the application. Based on the priority score ranking, the Agency will invite applicants whose Phase 1 applications receive higher priority scores to submit Phase 2 applications. Phase 2 application materials will be submitted as the Project planning and engineering is finalized and will include information such as: An environmental report, technical report, financial model, and the Lender's credit evaluation. The information required in both phases of the application process is detailed in the Agency's Application Guide.

    C. Content and Form of Submission. All applicants must submit one paper copy of the application materials and an electronic copy containing the same information that is included in the paper copy. Detailed instructions regarding application submission are explained in the Application Guide that the Agency has developed. The Application Guide is available online at http://www.rd.usda.gov/programs-services/biorefinery-assistance-program or by contacting Todd Hubbell, Telephone: 202-690-2516. Email: [email protected].

    D. Application Submittal. Application materials must be submitted to USDA Rural Business-Cooperative Service, Energy Division, Attention: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 1400 Independence Avenue SW., STOP 3225, Washington, DC 20250-3225.

    V. Biobased Product Manufacturing

    This Notice also announces the solicitation of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program to specifically fund Biobased Product Manufacturing. The 2014 Farm Bill added Biobased Product Manufacturing to the Program and provided for up to 15 percent of the mandatory funds for fiscal years 2014 and 2015 to be used to support facilities producing Biobased Products for end use. The 2014 Farm Bill provides the definition of “Biobased Product Manufacturing,” which the Agency has incorporated into the subsequent interim rule (see 7 CFR 4279.202). This definition requires that the Biobased Product Manufacturing facility use Renewable Chemicals and/or other biobased outputs of biorefineries as inputs and also requires that the Borrower use Technologically New Commercial Scale processing and manufacturing equipment and required facilities. The facility must produce end-user products.

    A. Biobased Product Manufacturing Eligibility Information. The eligibility requirements for prospective Lenders and Borrowers are the same as those listed in Sections III.A and III.B of this Notice. For Biobased Product Manufacturing Projects, the Eligible Project requirement is modified to reflect that eligible Projects must use Technologically New Commercial Scale processing and manufacturing equipment and must convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products on a Commercial Scale.

    B. Biobased Product Manufacturing Application Processing Procedures. The application processing procedures for Biobased Product Manufacturing Projects as the same as identified in Section III.D and Section IV in this Notice.

    C. Biobased Product Manufacturing Scoring. In lieu of the criteria listed in 7 CFR 4279.266, Biobased Product Manufacturing Projects will be scored using the criteria listed below:

    (a) Whether the Borrower has established a market for the manufactured Biobased Product, as applicable. A maximum of 16 points can be awarded. Points to be awarded will be determined as follows:

    (1) Degree of commitment of contracted sales agreements. A maximum of 6 points will be awarded.

    (i) If the Borrower has signed contracts for purchase for greater than 50 percent of the dollar value of manufactured Biobased Product, 6 points will be awarded.

    (ii) If the Borrower has signed letters of intent to enter into contracted sales agreements, or comparable documentation, for the purchase for greater than 50 percent of the dollar value of the manufactured Biobased Product, or combination of signed contracts or agreements and letters of intent or comparable documentation, 4 points will be awarded.

    (iii) If the Borrower has signed letters of interest to enter into contracted sales agreements, or comparable documentation, for the purchase for greater than 50 percent of the dollar value of the manufactured Biobased Product, or combination of signed contracts, letters of intent or comparable documentation, 2 points will be awarded.

    (2) Duration of contracted sales agreements. A maximum of 6 points will be awarded.

    (i) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of manufactured Biobased Product for the period not less than the loan term, 6 points will be awarded.

    (ii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product for the period not less than 5 years but less than the term of the loan, 4 points will be awarded.

    (iii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product for the period not less than 1 year but less than 5 years, 2 points will be awarded.

    (3) Financial strength of the contracted sales agreement counterparty. A maximum of 4 points will be awarded.

    (i) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product with a counterparty with a corporate credit rating not less than AA, Aa2, or equivalent, 4 points will be awarded.

    (ii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product with a counterparty with a corporate credit rating less than AA, Aa2, or equivalent, but not less thanA−, or A3, or equivalent, 2 points will be awarded.

    (iii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product with a counterparty with a corporate credit rating less than A−, or A3, or equivalent, but not less than BBB−, or Baa3, or equivalent, 1 point will be awarded.

    (b) Whether the area in which the Borrower proposes to place the Project, defined as the area that will supply the Renewable Chemicals and other biobased outputs of biorefineries to the proposed Project, has any other similar facilities. A maximum of 5 points can be awarded. Points to be awarded will be determined as follows:

    (1) If the area that will supply the Renewable Chemicals and other biobased outputs of biorefineries to the proposed Project does not have any other similar facilities, 5 points will be awarded.

    (2) If there are other similar facilities located within the area that will supply the Renewable Chemicals and other biobased outputs of biorefineries to the proposed Project, 0 points will be awarded.

    (c) Whether the Borrower is proposing to use Renewable Chemicals and other biobased outputs of biorefineries not previously used in the Biobased Product Manufacturing. A maximum of 10 points can be awarded. Points to be awarded will be determined as follows:

    (1) If the Borrower proposes to use Renewable Chemicals and other biobased outputs of biorefineries previously used in the manufacture of a Biobased Product in a commercial facility, 0 points will be awarded.

    (2) If the Borrower proposes to use Renewable Chemicals and other biobased outputs of biorefineries not previously used in the manufacture of a Biobased Product in a commercial facility, 10 points will be awarded.

    (d) Whether the Borrower is proposing to work with producer associations or cooperatives. A maximum of 5 points can be awarded. Points to be awarded will be determined as follows:

    (1) If at least 50 percent of the dollar value of Renewable Chemicals and other biobased outputs of biorefineries to be used by the proposed Project will be supplied by producer associations and cooperatives or biorefineries supplied by producer associations and cooperatives, 5 points will be awarded.

    (2) If at least 30 percent of the dollar value of Renewable Chemicals and other biobased outputs of biorefineries to be used by the proposed Project will be supplied by producer associations and cooperatives or biorefineries supplied by producer associations and cooperatives, 3 points will be awarded.

    (e) The level of financial participation by the Borrower, including support from non-Federal Government sources and private sources. A maximum of 20 points can be awarded. Points to be awarded will be determined as follows:

    (1) If the sum of the loan amount requested and other direct Federal funding is less than or equal to 50 percent of total Eligible Project Costs, 20 points will be awarded.

    (2) If the sum of the loan amount requested and other direct Federal funding is greater than 50 percent but less than or equal to 55 percent of total Eligible Project Costs, 16 points will be awarded.

    (3) If the sum of the loan amount requested and other direct Federal funding is greater than 55 percent but less than or equal to 60 percent of total Eligible Project Costs, 12 points will be awarded.

    (4) If the sum of the loan amount and other direct Federal funding is greater than 60 percent but less than or equal to 65 percent of total Eligible Project Costs, 8 points will be awarded.

    (5) If the sum of the loan amount and other direct Federal funding is greater than 65 percent but less than or equal to 70 percent of total Eligible Project Costs, 4 points will be awarded.

    (f) Whether the Borrower has established that the adoption of the manufacturing process proposed in the application will have a positive effect on three impact areas: Resource conservation (e.g., water, soil, forest), public health (e.g., potable water, air quality), and the environment (e.g., compliance with an applicable renewable fuel standard, greenhouse gases, emissions, particulate matter). A maximum of 10 points can be awarded. Based on what the Borrower has provided in either the application or the Feasibility Study, points to be awarded will be determined as follows:

    (1) If process adoption will have a positive impact on any one of the three impact areas (resource conservation, public health, or the environment), 3 points will be awarded.

    (2) If process adoption will have a positive impact on two of the three impact areas, 6 points will be awarded.

    (3) If process adoption will have a positive impact on all three impact areas, 10 points will be awarded.

    (g) Whether the Borrower can establish that, if adopted, the technology proposed in the application will not have any economically significant negative impacts on existing manufacturing plants or other facilities that use Renewable Chemicals and other biobased outputs of biorefineries. A maximum of 5 points can be awarded. Points to be awarded will be determined as follows:

    (1) If the Borrower has failed to establish, through an independent third-party Feasibility Study, that the production technology proposed in the application, if adopted, will not have any economically significant negative impacts on existing manufacturing plants or other facilities that use similar Renewable Chemicals and other biobased outputs of biorefineries, 0 points will be awarded.

    (2) If the Borrower has established, through an independent third-party Feasibility Study, that the production technology proposed in the application, if adopted, will not have any economically significant negative impacts on existing manufacturing plants or other facilities that use Renewable Chemicals and other biobased outputs of biorefineries, 5 points will be awarded.

    (h) The potential for Rural economic development. A maximum of 10 points will be awarded. Points to be awarded will be determined as follows:

    (1) If the Project is located in a Rural Area, 5 points will be awarded.

    (2) If the Project creates jobs through direct employment with an average wage that exceeds the county median household wages where the Project will be located, 5 points will be awarded.

    (i) The level of local ownership of the facility proposed in the application. For the purposes of this Notice, a Local Owner is defined as “An individual who owns any portion of an eligible Advanced Biofuel Biorefinery and whose primary residence is located within 50 miles of the Biorefinery.” A maximum of 5 points can be awarded. Points to be awarded will be determined as follows:

    (1) If Local Owners have an ownership interest in the facility of more than 20 percent but less than or equal to 50 percent, 3 points will be awarded.

    (2) If Local Owners have an ownership interest in the facility of more than 50 percent, 5 points will be awarded.

    (j) Whether the Project can be replicated. A maximum of 10 points can be awarded. Points to be awarded will be determined as follows:

    (1) If the Project can be commercially replicated regionally (e.g., Northeast, Southwest, etc.), 5 points will be awarded.

    (2) If the Project can be commercially replicated nationally, 10 points will be awarded.

    (k) If the Project uses a particular technology, system, or process that is not currently operating at Commercial Scale as of October 1 of the fiscal year for which the funding is available (October 1, 2014 for the first application cycle which deadline is October 5, 2015, and as of October 1, 2015 for the applications submitted for cycles ending October 1, 2015 and April 1, 2016, 5 points will be awarded.

    (l) The Administrator can award up to a maximum of 10 bonus points:

    (1) To ensure, to the extent practical, there is diversity in the types of Projects approved for loan guarantees to ensure a wide a range as possible technologies, products, and approaches are assisted in the program portfolio; and

    (2) To applications that promote partnerships and other activities that assist in the development of new and emerging technologies for the development of Renewable Chemicals and other biobased outputs of biorefineries, so as to, as applicable, promote resource conservation, public health, and the environment; diversify markets for agricultural and forestry products and agriculture waste material; and create jobs and enhance the economic development of the Rural economy. No additional information regarding partnerships is detailed in this Notice.

    VI. General Program Information

    A. Loan Origination. Lenders seeking a loan guarantee under this Notice must comply with the all of the provisions found in 7 CFR 4279, subpart C.

    B. Loan Processing. The Agency will process loans guaranteed under this Notice in accordance with the provisions specified in 7 CFR 4279.260 through 4279.290.

    C. Evaluation of Applications and Awards. Awards under this Notice will be made on a competitive basis; submission of an application neither reserves funding nor ensures funding. The Agency will evaluate each application received in the USDA Rural Business-Cooperative Service, Energy Division, select Phase 1 applications in accordance with 7 CFR 4279.267 to invite submittal of Phase 2 applications, and will make awards using the provisions specified in 7 CFR 4279.278.

    D. Guaranteed Loan Servicing. The Agency will service loans guaranteed under this Notice in accordance with the provisions specified in 7 CFR 4287.301 through 4287.399.

    VII. Administration Information

    A. Notifications. The Agency will notify, in writing, Lenders whose Phase 1 applications have scored highest and will invite them to submit Phase 2 applications. If the Agency determines it is unable to guarantee any particular loan, the Lender will be informed in writing. Such notification will include the reasons for denial of the guarantee.

    B. Administrative and National Policy Requirements.

    1. Review or Appeal Rights. A person may seek a review of an Agency decision or appeal to the National Appeals Division in accordance with 7 CFR 4279.204.

    2. Exception Authority. The provisions specified in 7 CFR 4279.203 and 7 CFR 4287.303 apply to this Notice.

    C. Environmental Review. The Agency has reviewed the types of applicant proposals that may qualify for assistance under this section and has determined, in accordance with 7 CFR part 1940, subpart G, that all proposals shall be reviewed as a Class II Environmental Assessment. Furthermore, if after Agency review of proposals the Agency has determined that the proposal could result in significant environmental impacts on the quality of the human environment, an Environmental Impact Statement may be required pursuant to 7 CFR 1940.313. Environmental Assessments for Projects that score high enough will be submitted during the Phase 2 application process and must be conducted in accordance with 7 CFR part 1940, subpart G. Guidelines for preparing the Environmental Assessment are available by reviewing 7 CFR part 1940, subpart G and by reviewing the Application Guide, available on the Agency's Web site. http://www.rd.usda.gov/programs-services/biorefinery-assistance-program. Applicants are reminded that this program is governed by 7 CFR part 1940, subpart G or successor regulation.

    VIII. Agency Contacts

    For general questions about this Notice, please contact Todd Hubbell, Rural Business-Cooperative Service, Energy Division, Biorefinery Assistance Program, U.S. Department of Agriculture, 1400 Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. Telephone: 202-690-2516. Email: [email protected].

    Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

    If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, by fax (202) 690-7442 or email at [email protected].

    Individuals who are deaf, hard of hearing or have speech disabilities and you wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish).

    Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Dated: June 29, 2015. Samuel Rikkers, Acting Administrator, Rural Business-Cooperative Service.
    [FR Doc. 2015-16480 Filed 7-2-15; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14-1A004] Export Trade Certificate of Review ACTION:

    Notice of application to amend the Export Trade Certificate of Review issued to DFA of California, Application no. 14-1A004.

    SUMMARY:

    The Office of Trade and Economic Analysis (“OTEA”) of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (“Certificate”). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register summarizing the application. Under 15 CFR 325.6(a), interested parties may, within twenty days after the date of this notice, submit written comments to the Secretary on the application.

    Request for Public Comments

    Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any information not marked as privileged or confidential business information will be deemed to be nonconfidential.

    An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230.

    Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 14-1A004.”

    Summary of the Application

    Applicant: DFA of California, 710 Striker Avenue, Sacramento, CA 95834.

    Contact: Matthew Krehe, Senior Manager with Gilbert Associates, Inc., (916) 646-6464.

    Application No.: 14-1A004.

    Date Deemed Submitted: June 19, 2015.

    Proposed Amendment: DFA of California (“DFA”) seeks to amend its Certificate to add the following six companies as Members of DFA's Certificate:

    1. CAPEX (Corning, CA) 2. C R Crain and Sons, Inc. (Los Molinos, CA) 3. Fig Garden Packing, Inc. (Fresno, CA) 4. RPC Packing Inc. (Porterville, CA) 5. Sun-Maid Growers of California (Kingsburg, CA) 6. Taylor Brothers Farms, Inc. (Yuba City, CA)

    DFA's proposed amendment of its Export Trade Certificate of Review would result in the following companies as Members under the Certificate:

    1. Alpine Pacific Nut Company (Hughson, CA) 2. Andersen & Sons Shelling (Vina, CA) 3. Avanti Nut Company, Inc. (Stockton, CA) 4. Berberian Nut Company, LLC (Chico, CA) 5. CAPEX (Corning, CA) 6. Carriere Family Farms, Inc. (Glenn, CA) 7. Continente Nut LLC (Oakley, CA) 8. Crain Walnut Shelling, Inc. (Los Molinos, CA) 9. C R Crain and Sons, Inc. (Los Molinos, CA) 10. Crisp California Walnuts (Stratford, CA) 11. Diamond Foods, Inc. (Stockton, CA) 12. Empire Nut Company (Colusa, CA) 13. Fig Garden Packing, Inc. (Fresno, CA) 14. Gold River Orchards, Inc. (Escalon, CA) 15. Grower Direct Nut Company (Hughson, CA) 16. GSF Nut Company (Orosi, CA) 17. Guerra Nut Shelling Company (Hollister, CA) 18. Hill View Packing Company Inc. (Gustine, CA) 19. Linden Nut Company (Linden, CA) 20. Mariani Nut Company (Winters, CA) 21. Mariani Packing Company, Inc. (Vacaville, CA) 22. Mid Valley Nut Company Inc. (Hughson, CA) 23. National Raisin Company (Fowler, CA) 24. Poindexter Nut Company (Selma, CA) 25. Prima Noce Packing (Linden, CA) 26. RPC Packing Inc. (Porterville, CA) 27. Sacramento Packing, Inc. (Yuba City, CA) 28. Sacramento Valley Walnut Growers, Inc. (Yuba City, CA) 29. San Joaquin Figs, Inc. (Fresno, CA) 30. Shoei Foods USA, Inc. (Olivehurst, CA) 31. Stapleton-Spence Packing (Gridley, CA) 32. Sun-Maid Growers of California (Kingsburg, CA) 33. Sunsweet Growers Inc. (Yuba City, CA) 34. Taylor Brothers Farms, Inc. (Yuba City, CA) 35. T.M. Duche Nut Company, Inc. (Orland, CA) 36. Wilbur Packing Company, Inc. (Live Oak, CA) 37. Valley Fig Growers (Fresno, CA) Dated: June 29, 2015. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration.
    [FR Doc. 2015-16474 Filed 7-2-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-475-601] Brass Sheet and Strip From Italy; Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On April 8, 2015, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on brass sheet and strip (BSS) from Italy, covering the period of review (POR) March 1, 2013, through February 28, 2014.1 This review covers one company, KME Italy SpA (KME Italy). The Department conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). The Department gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, these final results are unchanged from the Preliminary Results.

    1See Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 18808 (April 8, 2015) (Preliminary Results).

    DATES:

    Effective Date: July 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1293.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The merchandise subject to the antidumping duty order is brass sheet and strip, other than leaded brass and tin brass sheet and strip, from Italy, which is currently classified under subheading 7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS numbers are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 The written description is dispositive.

    2See Preliminary Results and accompanying Decision Memorandum.

    Final Results of Review

    As a result of our review, we determine that the following dumping margin on BSS from Italy exists for the period March 1, 2013, through February 28, 2014:

    Exporter/manufacturer Dumping
  • margin
  • (percent)
  • KME Italy SpA 22.00
    Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), the Department determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise, in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review.

    Cash Deposit Requirements

    The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of BSS from Italy entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for KME Italy SpA will be equal to the dumping margin established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value (LTFV) investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will continue to be 5.44 percent, the all-others rate determined in the LTFV investigation. These deposit requirements, when imposed, shall remain in effect until further notice.

    Notifications to Importers

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification to Interested Parties

    This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 26, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-16510 Filed 7-2-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration United States Manufacturing Council: Meeting of the United States Manufacturing Council AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice of an open meeting.

    SUMMARY:

    The United States Manufacturing Council (Council) will hold the second meeting of the current members' term on Wednesday, July 22, 2015. The Council was established in April 2004 to advise the Secretary of Commerce on matters relating to the U.S. manufacturing industry.

    The purpose of the meeting is for the Workforce, Energy, Innovation, Research, & Development, and Tax, Trade, & Export Growth subcommittees to provide relevant updates on their fact finding efforts to the Council as the subcommittees work towards drafting recommendations for consideration by the Manufacturing Council. The Council will also receive briefings from various senior officials across the Department on international trade policy, Manufacturing Day, and Industry & Analysis policy updates. The Council members will follow-up from the Council's initial meeting to discuss their views on major priorities facing the manufacturing industry and issues that they propose for the Council to advise on during their appointment term. The agenda may change to accommodate Council business. The final agenda will be posted on the Department of Commerce Web site for the Council at http://trade.gov/manufacturingcouncil, at least one week in advance of the meeting.

    DATES:

    Wednesday, July 22, 2015, 1:00 p.m.-4:00 p.m. The deadline for members of the public to register, including requests to make comments during the meetings and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5 p.m. EDT on July 15, 2015.

    ADDRESS:

    The meeting will be held at the U.S. Department of Commerce, Room 3407, 1401 Constitution Avenue NW., Washington, DC 20230. Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted to: U.S. Manufacturing Council, U.S. Department of Commerce, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, [email protected] Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt.

    FOR FURTHER INFORMATION CONTACT:

    Archana Sahgal, the United States Manufacturing Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202-482-4501, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The Council advises the Secretary of Commerce on matters relating to the U.S. manufacturing industry.

    Public Participation: The meeting will be open to the public and will be physically accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. The meeting room will be provided upon registration. Seating is limited and will be on a first come, first served basis. Requests for sign language interpretation or other auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may be impossible to fill. There will be fifteen (15) minutes allotted for oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments may be limited to three (3) minutes per person. Individuals wishing to reserve speaking time during the meeting must submit a request at the time of registration along with a brief statement of the general nature of the comments, as well as the name and address of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to bring at least 25 copies of their oral comments for distribution to the members of the Manufacturing Council and to the public at the meeting.

    In addition, any member of the public may submit pertinent written comments concerning the Council's affairs at any time before or after the meeting. Comments may be submitted to Archana Sahgal at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5:00 p.m. EDT on July 15, 2015, to ensure transmission to the Council prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of Council meeting minutes will be available within 90 days of the meeting.

    Dated: June 29, 2015. Archana Sahgal, Executive Secretary, United States Manufacturing Council.
    [FR Doc. 2015-16374 Filed 7-2-15; 8:45 am] BILLING CODE 3510-DR-P
    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY:

    Corporation for National and Community Service.

    ACTION:

    Notice.

    SUMMARY:

    The Corporation for National and Community Service (CNCS) has submitted a modification to a currently approved public information collection request (ICR) entitled Senior Corps Grant Application for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Tamika Becton, at (202) 606-6644 or email to [email protected] Individuals who use a telecommunications device for the deaf (TTY-TDD) may call 1-800-833-3722 between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday through Friday.

    ADDRESSES:

    Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in the Federal Register:

    (1) By fax to: (202) 395-6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; and

    (2) Electronically by email to: [email protected]

    SUPPLEMENTARY INFORMATION:

    The OMB is particularly interested in comments which:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of CNCS, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and

    • Propose 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, e.g., permitting electronic submissions of responses.

    Comments

    The 60-day Notice soliciting comments was published on December 10, 2014 on pate 73280. No public comments were received.

    Description: CNCS is seeking approval of the Senior Corps Grant Application, as revised. The Grant Application is used by RSVP, Foster Grandparent and Senior Companion Program grantees, and for potential applicants. The Senior Corps Grant Application is currently approved through September 30, 2016.

    Type of Review: Revision of a currently approved collection.

    Agency: Corporation for National and Community Service.

    Title: Senior Corps Grant Application.

    OMB Number: 3045-0035.

    Agency Number: None.

    Affected Public: Current and potential grantees of the RSVP, Foster Grandparent, and Senior Companion programs.

    Total Respondents: 1,519.

    Frequency: Annual.

    Average Time per Response: 5 hours.

    Estimated Total Burden Hours: 7,595.

    Total Burden Cost (capital/startup): None.

    Total Burden Cost (operating/maintenance): None.

    Dated: June 29, 2015. Erwin J. Tan, Director, Senior Corps.
    [FR Doc. 2015-16491 Filed 7-2-15; 8:45 am] BILLING CODE 6050-28-P
    DEPARTMENT OF DEFENSE Department of the Air Force U.S. Air Force Exclusive Patent License

    AGENCY: Department of the Air Force, Air Force Research Laboratory Information Directorate, Rome, New York.

    ACTION: Notice of intent to issue a partially exclusive patent license.

    SUMMARY: Pursuant to the provisions of part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended, the Department of the Air Force announces its intention to grant Synerji, LLC, a corporation of Delaware, having a place of business at 106 Genesee St., Utica, New York 13501 a partially exclusive license in any right, title and interest the United States Air Force has in: U.S. Patent Application No. 13/573,899, filed on December 17, 2012 entitled “Method for Context Aware Text Recognition.”

    FOR FURTHER INFORMATION CONTACT: An exclusive license for this patent will be granted unless a written objection is received within fifteen (15) days from the date of publication of this Notice. Written objections should be sent to: Air Force Research Laboratory, Office of the Staff Judge Advocate, AFRL/RIJ, 26 Electronic Parkway, Rome, New York 13441-4514. Telephone: (315) 330-2087; Facsimile (315) 330-7583.

    Henry Williams, Civ, Acting Air Force Federal Register Liaison Officer.
    [FR Doc. 2015-16468 Filed 7-2-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2015-ICCD-0055] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Child Care Access Means Parents in School Program Annual Performance Report AGENCY:

    Department of Education (ED), Office of Postsecondary Education (OPE).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before August 5, 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-0055 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 Josephine Hamilton, 202-502-7583.

    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: Child Care Access Means Parents in School Program Annual Performance Report.

    OMB Control Number: 1840-0763.

    Type of Review: A revision of an existing information collection..

    Respondents/Affected Public: Private Sector.

    Total Estimated Number of Annual Responses: 89.

    Total Estimated Number of Annual Burden Hours: 801.

    Abstract: This is a revision of the Child Care Access Means Parent In School Program (CCAMPIS) Annual Performance Report (APR). This report provides the Department of Education with information needed to evaluate a grantee's performance and compliance with program requirements in accordance with the program authorizing statute. The data collected is aggregated to provide national information on project participants and the results demonstrated by program outcomes. The burden hours are increased due to additional queries that have been added to the APR that capture more specific data needed to enhance the understanding of results demonstrated by this program in accordance with OMB mandates.

    Dated: June 30, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-16450 Filed 7-2-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Final Waiver and Extension of the Project Period; Native American Career and Technical Education Program AGENCY:

    Office of Career, Technical, and Adult Education, Department of Education.

    ACTION:

    Final waiver and extension of the project period.

    [Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.] SUMMARY:

    For the 24-month projects funded in fiscal year (FY) 2013 under the Native American Career and Technical Education Program (NACTEP), the Secretary waives the requirements that generally prohibit project period extensions involving the obligation of additional Federal funds. The Secretary also extends the project periods of these grants for up to an additional 24 months. This enables the current NACTEP grantees to request and continue to receive Federal funding annually in FY 2015 and FY 2016 for project periods through FY 2016 and possibly through FY 2017.

    DATES:

    The waiver and extension of the project period is effective July 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Gwen Washington, U.S. Department of Education, 400 Maryland Avenue SW., Room 11076, Potomac Center Plaza (PCP), Washington, DC 20202-7241. Telephone: (202) 245-7790, or by email: [email protected]. Or Linda Mayo, U.S. Department of Education, 400 Maryland Avenue SW., Room 11075, PCP, Washington, DC 20202-7241. Telephone: (202) 245-7792, or by email: [email protected].

    If you use a telecommunications device for the deaf or a text telephone, call the Federal Relay Service, toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    On February 10, 2015, we published in the Federal Register (80 FR 7440) a proposed waiver of 34 CFR 75.261(a) and (c)(2) and extension of the project period (proposed waiver and extension) in order to—

    (1) Enable the Secretary to provide additional funds to the current NACTEP grantees with FY 2015 funds and possibly FY 2016 funds for project periods through FY 2016 and possibly through FY 2017; and

    (2) Request comments on the proposed waiver and extension.

    There are no substantive differences between the proposed waiver and extension and the final waiver and extension.

    Public Comment: In response to our invitation in the proposed waiver and extension, we received 22 comments. Generally, we do not address comments that raise concerns not related to the proposed waiver and extension.

    Analysis of Comments and Discussion

    An analysis of the comments received in response to the proposed waiver and extension follows.

    Comments: The 22 comments we received supported the proposed waiver and extension of the NACTEP project period. We heard from a variety of commenters, including tribal community college presidents, deans and administrators, teachers, students, and project evaluators. Several commenters provided a variety of reasons for their support of the waiver and extension, including: the effectiveness of work being done by current grantees, the number of students served and placed in employment under current projects, and the great need for NACTEP projects to continue in the Native American and Alaska communities served by current projects.

    Several commenters stated that it would be difficult for eligible entities to prepare NACTEP applications for short-term funding prior to the expected reauthorization of the Carl D. Perkins Career and Technical Education Act of 2006 (the Perkins Act). Some commenters stated that it was not in the public interest to conduct a NACTEP grant competition at this time because there are likely to be changes in the Perkins Act for NACTEP beyond FY 2015.

    Several commenters expressed the view that the waiver and extension are necessary to allow current students sufficient time to complete their programs, which include programs awarding industry-recognized credentials, two-year certificates, and associate degrees.

    One commenter noted that tribal colleges would not have sufficient time to plan, establish, or effectively operate viable programs, in a one-year timeframe. The commenter expressed the view that continuing the projects of current grantees would eliminate the difficulties, barriers, and inefficiencies associated with starting new programs, stating that extending the current project period and funding of current grantees would: Capitalize upon the current momentum of grantee service delivery, since service streams were already in place and operational; allow current grantees to modify their programs based on their experience to date without disruption to the projects' participants, partnerships, programs, or plans; and increase the likelihood of student attainment of associate degrees and certificates and subsequent job placement. The commenter further stated that, under NACTEP, grantees must evaluate the long-term impact of each project, which will be facilitated by extending the project duration beyond two years.

    Another commenter noted that a lapse of funds would create a set-back in the progress made in cultivating successful relationships with the local community college to provide in-demand training within their Native American community.

    A commenter provided examples of exemplary NACTEP programs that are making substantial gains in combating poverty and unemployment, long-term joblessness, and other problems that contribute to the lack of gainful employment. The commenter stated that the grantees have partnered with local community colleges to provide students opportunities to earn college credits, as well as State and national certifications that prepare students for employment. This commenter expressed the need for the Department to approve the NACTEP waiver and extension for current grantees.

    Discussion: We appreciate the commenters' support and agree that extending the current NACTEP grant period will allow current NACTEP grantees to continue to work towards accomplishing the goals and objectives stated in their 2013 NACTEP applications, including providing specialized career and technical education programs to Native American students. We agree that it is important that there not be a lapse in the programming provided by NACTEP grantees to students.

    Changes: None.

    Background

    NACTEP, as authorized by section 116(a) through (g) of the Perkins Act, supports grants to federally recognized Indian tribes, tribal organizations, Alaska Native entities and eligible Bureau of Indian Education-funded schools to improve career and technical education programs that benefit Native Americans and Alaskan Natives.

    On February 26, 2013, we published in the Federal Register (78 FR 13030) a notice inviting applications for NACTEP grants (2013 NIA). Although in previous NACTEP competitions the Secretary invited applications with a proposed project period of five years, in anticipation of congressional reauthorization of the Perkins Act, in the FY 2013 competition, the Department invited applications with proposed project periods of only two years. The project period for the current 31 NACTEP grantees is scheduled to end in FY 2015.

    Because there is the potential for changes in the Perkins Act for NACTEP beyond FY 2015, we do not believe it is in the public interest to hold a new NACTEP competition in FY 2015 for projects that may then operate for just one year, or to announce a competition under which eligible entities would be expected to proceed through the application preparation and submission process while lacking critical information about the future of the program. Further, we do not think that it is in the public interest to have a lapse in the services currently provided by the NACTEP grantees.

    For these reasons, the Secretary waives the requirements of 34 CFR 75.261(a) and (c)(2) that generally prohibit project extensions involving the obligation of additional Federal funds and extends the NACTEP project periods for up to 24 months. The waiver and extension will allow the current NACTEP grantees to request and continue to receive Federal funding annually for project periods through FY 2016 and possibly through FY 2017. We will fund the extended project period by using funds appropriated for FY 2015 or FY 2016, depending on whether the grants are extended for one or two years.

    Any activities carried out during the period of a NACTEP continuation award will have to be consistent with, or a logical extension of, the scope, goals, and objectives of the grantee's application as approved in the FY 2013 NACTEP competition. The requirements applicable to continuation awards for this competition set forth in the 2013 NIA and the requirements in 34 CFR 75.253 will apply to any continuation awards sought by the current NACTEP grantees. We will base our decisions regarding continuation awards on the program narratives, budgets, budget narratives, and program performance reports submitted by the current grantees, and the requirements in 34 CFR 75.253.

    The waiver and extension will not exempt the current NACTEP grantees from the appropriation account closing provisions of 31 U.S.C. 1552(a), nor will they extend the availability of funds previously awarded to current NACTEP grantees. As a result of 31 U.S.C. 1552(a), appropriations available for a limited period may be used for payment of valid obligations for only five years after the expiration of their period of availability for Federal obligation. After that time, the unexpended balance of those funds is canceled and returned to the U.S. Department of the Treasury and is unavailable for restoration for any purpose (31 U.S.C. 1552(b)).

    Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the activities required to support two additional years of NACTEP funding will not have a significant economic impact on a substantial number of small entities. The small entities that will be affected by the waiver and extension are the 31 currently-funded NACTEP grantees and any other potential applicants.

    The Secretary certifies that the waiver and extension will not have a significant economic impact on these entities because the extension of an existing project imposes minimal compliance costs, and the activities required to support the additional years of funding will not impose additional regulatory burdens or require unnecessary Federal supervision.

    Paperwork Reduction Act of 1995

    This waiver and extension does not contain any information collection requirements.

    Intergovernmental Review

    NACTEP is not subject to Executive Order 12372 and the regulations in 34 CFR part 79.

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to either of the contact persons listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at this site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Program Authority:

    20 U.S.C. 2326(a) through (g).

    Dated: June 30, 2015. Johan E. Uvin, Acting Assistant Secretary for Career, Technical, and Adult Education.
    [FR Doc. 2015-16496 Filed 7-2-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ15-15-000] Orlando Utilities Commission; Notice of Filing

    Take notice that on June 8, 2015, Orlando Utilities Commission submitted tariff filing per 35.28(e): Further Regional Compliance Filing to be effective 1/1/2015.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of 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.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is 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 9, 2015.

    Dated: June 29, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-16438 Filed 7-2-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-159-000.

    Applicants: Arizona Public Service Company.

    Description: Section 203 Application of Arizona Public Service Company requesting authorization for the acquisition of El Paso Electric's ownership interests in Four Corners Power Plant.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5326.

    Comments Due: 5 p.m. ET 7/17/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2265-006; ER14-1818-006; ER14-1679-003; ER14-1678-003; ER14-1677-003; ER14-1676-003; ER14-1675-003; ER14-1674-003; ER14-1673-003; ER14-1672-003; ER14-1671-003; ER14-1670-003; ER14-1669-003; ER14-1668-003; ER13-1965-009; ER12-261-014; ER12-2413-010; ER11-4308-015; ER11-4307-015; ER11-2805-014; ER11-2508-014; ER11-2108-006; ER11-2107-006; ER11-2062-015; ER10-2931-012; ER10-2888-015; ER10-2876-012; ER10-2792-012; ER10-2791-012; ER10-2360-005; ER10-2356-005; ER10-2352-005; ER10-2351-005; ER10-2350-005; ER10-2347-005; ER10-2340-008; ER10-2339-008; ER10-2338-008; ER10-2336-005; ER10-2335-005; ER10-2333-005; ER10-1575-010; ER10-1291-016.

    Applicants: NRG Power Marketing LLC, Bayou Cove Peaking Power, LLC, Bendwind, LLC, Big Cajun I Peaking Power LLC, Boston Energy Trading and Marketing LLC, Community Wind North 1 LLC, Community Wind North 2 LLC, Community Wind North 3 LLC, Community Wind North 5 LLC, Community Wind North 6 LLC, Community Wind North 7 LLC, Community Wind North 8 LLC, Community Wind North 9 LLC, Community Wind North 10 LLC, Community Wind North 11 LLC, Community Wind North 13 LLC, Community Wind North 15 LLC, Cottonwood Energy Company LP, CP Power Sales Seventeen, L.L.C., CP Power Sales Nineteen, L.L.C., CP Power Sales Twenty, L.L.C., DeGreeff DP, LLC, DeGreeffpa, LLC, Energy Alternatives Wholesale, LLC, Energy Plus Holdings LLC, GenConn Energy LLC, GenOn Energy Management, LLC, Green Mountain Energy Company, Groen Wind, LLC, Hillcrest Wind, LLC, Independence Energy Group LLC, Jeffers Wind 20, LLC, Larswind, LLC, Louisiana Generating LLC, North Community Turbines LLC, North Wind Turbines LLC, Norwalk Power LLC, NRG Sterlington Power LLC, NRG Wholesale Generation LP, Reliant Energy Northeast LLC, RRI Energy Services, LLC, Sierra Wind, LLC, TAIR Windfarm, LLC.

    Description: Updated Market Power Analysis for the Central region of NRG MBR Sellers.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5329.

    Comments Due: 5 p.m. ET 8/25/15.

    Docket Numbers: ER10-3042-004.

    Applicants: Combined Locks Energy Center, LLC.

    Description: Triennial Market-Based Rate Update of Combined Locks Energy Center, LLC.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5331.

    Comments Due: 5 p.m. ET 8/25/15.

    Docket Numbers: ER11-1850-006; ER13-1192-003; ER11-1847-006; ER11-1846-006; ER11-1848-006; ER14-1360-002; ER11-2598-009; ER11-2516-006; ER12-1153-006; ER12-1152-006.

    Applicants: Direct Energy Business, LLC, Direct Energy Business Marketing, LLC, Direct Energy Marketing Inc., Direct Energy Services, LLC, Energy America LLC, Energetix DE, LLC, Gateway Energy Services Corporation, NYSEG Solutions, LLC, Bounce Energy NY, LLC, Bounce Energy PA, LLC.

    Description: Notice of Non-Material Change in Status of the Direct Energy Sellers.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5332.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER11-3736-002.

    Applicants: Pocahontas Prairie Wind, LLC.

    Description: Updated Market Power Analysis for Central Region of Pocahontas Prairie Wind, LLC.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5179.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER11-4633-003.

    Applicants: Madison Gas & Electric Company.

    Description: Triennial Market Based Rate filing of Madison Gas & Electric Company under ER11-4633.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5172.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER13-823-004; ER15-1348-002; ER12-1561-003; ER10-2481-003; ER13-33-003.

    Applicants: Castleton Commodities Merchant Trading L.P., Roseton Generating LLC, CCI Rensselaer LLC, Ingenco Wholesale Power, L.L.C., Collegiate Clean Energy, LLC.

    Description: Notice of change in status of the CCI MBR Sellers.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5316.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-258-001.

    Applicants: DATC Path 15, LLC.

    Description: Compliance filing: Compliance to 3000000 to be effective 5/17/2014.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5247.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-960-001.

    Applicants: CPV Biomass Holdings, LLC, CPV Keenan II Renewable Energy Company, LLC, CPV Maryland, LLC, CPV Shore, LLC, Benson Power, LLC.

    Description: Notice of Change in Status of CPV Biomass Holdings, LLC, et al.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5317.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-1334-001.

    Applicants: Tucson Electric Power Company.

    Description: Tariff Amendment: Response to Deficiency Letter Dated May 14, 2015 to be effective 2/17/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5126.

    Comments Due: 5 p.m. ET 7/20/15.

    Docket Numbers: ER15-1705-001.

    Applicants: Public Service Company of Colorado.

    Description: Tariff Amendment: Burlingon Request for Deferral of Action to be effective 10/1/2014.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5231.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-1828-000; ER15-1829-000; ER15-1830-000.

    Applicants: Fenton Power Partners I, LLC.

    Description: Clarification to June 1, 2015 Fenton Power Partners I, LLC, et al. tariff filings.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5303.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2028-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Corn Belt Power Cooperative Formula Rate to be effective 10/1/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5225.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2029-000.

    Applicants: Exelon New Boston, LLC.

    Description: § 205(d) Rate Filing: Exelon MBR Tariff Changes to be effective 6/29/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5233.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2030-000.

    Applicants: Exelon West Medway, LLC.

    Description: § 205(d) Rate Filing: Exelon MBR Tariff Changes to be effective 6/29/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5236.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2031-000.

    Applicants: Exelon Wind 4, LLC.

    Description: § 205(d) Rate Filing: Exelon MBR Tariff Changes to be effective 6/29/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5240.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2032-000.

    Applicants: Handsome Lake Energy, LLC.

    Description: § 205(d) Rate Filing: Exelon MBR Tariff Changes to be effective 6/29/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5242.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2033-000.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Illinois Company.

    Description: § 205(d) Rate Filing: 2015-06-26_SA 2808 Ameren Illinois-Marathon Petroleum Construction Agreement to be effective 5/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5243.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2034-000.

    Applicants: Bayonne Plant Holding, L.L.C.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5245.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2035-000.

    Applicants: Brandon Shores LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5246.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2036-000.

    Applicants: C.P. Crane LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5248.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2037-000.

    Applicants: Virginia Electric and Power Company.

    Description: § 205(d) Rate Filing: Rate Schedule 102—Amendment to Schedule A to be effective 6/7/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5249.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2038-000.

    Applicants: Duke Energy Florida, Inc.

    Description: Tariff Cancellation: Termination of Rate Schedule No. 150 Intercession City to be effective 5/21/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5250.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2039-000.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2015-06-26 Petition for Limited Tariff Waiver of Section 27.10 to be effective N/A.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5251.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2040-000.

    Applicants: Camden Plant Holding, L.L.C.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5252.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2041-000.

    Applicants: Dartmouth Power Associates Limited Partnership.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5253.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2042-000.

    Applicants: Elmwood Park Power, LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5254.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2043-000.

    Applicants: H.A. Wagner LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5255.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2044-000.

    Applicants: Newark Bay Cogeneration Partnership, L.P.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5256.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2045-000.

    Applicants: Pedricktown Cogeneration Company LP.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5258.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2046-000.

    Applicants: Raven Power Marketing LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5259.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2047-000.

    Applicants: Sapphire Power Marketing LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5260.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2048-000.

    Applicants: York Generation Company LLC.

    Description: § 205(d) Rate Filing: MBR Revisions to be effective 6/27/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5262.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2049-000.

    Applicants: DATC Path 15, LLC.

    Description: § 205(d) Rate Filing: Compliance to be effective 5/17/2014.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5268.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2050-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-06-26_Revision to NRIS Definition Filing to be effective 8/1/2015.

    Filed Date: 6/26/15.

    Accession Number: 20150626-5269.

    Comments Due: 5 p.m. ET 7/17/15.

    Docket Numbers: ER15-2051-000.

    Applicants: Whiting Clean Energy, Inc.

    Description: § 205(d) Rate Filing: Proposed Revisions to Market-Based Rate Tariff to be effective 8/29/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5067.

    Comments Due: 5 p.m. ET 7/20/15.

    Docket Numbers: ER15-2052-000.

    Applicants: Occidental Power Marketing, L.P.

    Description: Market-Based Triennial Review Filing: Updated Market Power Analysis to be effective 6/30/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5079.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2053-000.

    Applicants: Occidental Power Services, Inc.

    Description: Market-Based Triennial Review Filing: Updated Market Power Analysis to be effective 6/30/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5081.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2054-000.

    Applicants: Occidental Chemical Corporation.

    Description: Market-Based Triennial Review Filing: Updated Market Power Analysis to be effective 6/30/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5082.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2055-000.

    Applicants: Combined Locks Energy Center, LLC.

    Description: Market-Based Triennial Review Filing: IEG Triennial MBR Update in Docket Nos. ER10-1894, 1882, 3036 and 3042 to be effective 8/25/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5140.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2056-000.

    Applicants: Upper Peninsula Power Company.

    Description: Market-Based Triennial Review Filing: UPPCo Triennial MBR Update and Request for Category 1 Seller Status to be effective 8/28/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5151.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2057-000.

    Applicants: Tanner Street Generation, LLC.

    Description: § 205(d) Rate Filing: CIS with Cat 1 Seller Request re NE to be effective 6/30/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5171.

    Comments Due: 5 p.m. ET 7/20/15.

    Docket Numbers: ER15-2058-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised Service Agreement No. 1570; Queue No. Z2-029 to be effective 5/29/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5205.

    Comments Due: 5 p.m. ET 7/20/15.

    Docket Numbers: ER15-2059-000.

    Applicants: New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: NYISO 205 filing re: Public Policy Transmission Planning Process to be effective 8/28/2015.

    Filed Date: 6/29/15.

    Accession Number: 20150629-5223.

    Comments Due: 5 p.m. ET 7/20/15.

    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 29, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-16437 Filed 7-2-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9930-06-OGC] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed consent decree; request for public comment.

    SUMMARY:

    In accordance with section 113(g) of the Clean Air Act, as amended, (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club and California Communities Against Toxics (collectively “Plaintiffs”): Sierra Club, et al. v. EPA, No. 13-1639 (D. DC). In this lawsuit, Plaintiffs allege that EPA has failed to review, and revise if necessary, the national emission standards for hazardous air pollutants (“NESHAP”) for publicly owned treatment works (“POTWs”) within eight years of initial promulgation. They also allege that EPA failed to promulgate “residual risk” standards for POTWs or to determine that residual risk standards for POTWs are not necessary within eight years of initial promulgation of the NESHAP. The proposed consent decree establishes deadlines for EPA to take proposed and final action for meeting EPA's obligations under the applicable CAA provisions.

    DATES:

    Written comments on the proposed consent decree must be received by August 5, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OGC-2015-0430, online at www.regulations.gov (EPA's preferred method); by email to [email protected]; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above.

    FOR FURTHER INFORMATION CONTACT:

    Scott Jordan, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-7508; email address: [email protected].

    SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree

    Under sections 112(d)(6) and 112(f)(2) of the CAA, EPA has a mandatory duty to take actions relative to the review/revision of national emission standards for hazardous air pollutants (“NESHAP”) within eight years of the issuance of such standards. The proposed consent decree would resolve a deadline suit filed by Plaintiffs alleging EPA's failure to take the above actions within eight years of issuing the NESHAP for the POTW source category (40 CFR part 63, subpart VVV). The proposed consent decree establishes that EPA will propose action by December 8, 2016 and take final action by October 16, 2017. See the proposed consent decree for further details.

    For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this consent decree should be withdrawn, the terms of the decree will be affirmed.

    II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2015-0430) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, 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 OEI Docket is (202) 566-1752.

    An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search.”

    It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, information that is claimed as confidential business information (CBI), or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

    B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

    If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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.

    Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

    Dated: June 25, 2015. Lorie J. Schmidt, Associate General Counsel.
    [FR Doc. 2015-16511 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9926-60-OEI] Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Kansas AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's approval of the State of Kansas' request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

    DATES:

    EPA's approval is effective August 5, 2015 for the State of Kansas' National Primary Drinking Water Regulations Implementation program, if no timely request for a public hearing is received and accepted by the Agency, and on July 6, 2015 for the State of Kansas' other authorized programs.

    FOR FURTHER INFORMATION CONTACT:

    Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-1175, [email protected]

    SUPPLEMENTARY INFORMATION:

    On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing program-specific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements.

    On January 4, 2010, the Kansas Department of Health and Environment (KDHE) submitted an application titled “Department of Health and Environment Enterprise System” for revisions/modifications of its EPA-authorized programs under title 40 CFR. EPA reviewed KDHE's request to revise/modify its EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's decision to approve Kansas' request to revise/modify its following EPA-authorized programs to allow electronic reporting under 40 CFR parts 51, 70-71, 122, 141, 144, 146, 257, 258, 262, 264-266, 268, 270, 403, 412, and 437, is being published in the Federal Register:

    Part 52—Approval and Promulgation of Implementation Plans; Part 70—State Operating Permit Programs; Part 71—Federal Operating Permit Programs; Part 123—EPA Administered Permit Programs: The National Pollutant Discharge Elimination System; Part 142—National Primary Drinking Water Regulations Implementation; Part 145—State Underground Injection Control Programs; Part 239—Requirements for State Permit Program Determination of Adequacy; Part 272—Approved State Hazardous Waste Management Programs; Part 403—General Pretreatment Regulations for Existing and New Sources of Pollution; and Part 437—The Centralized Waste Treatment Point Source Category.

    KDHE was notified of EPA's determination to approve its application with respect to the authorized programs listed above.

    Also, in this notice, EPA is informing interested persons that they may request a public hearing on EPA's action to approve the State of Kansas' request to revise its authorized public water system program under 40 CFR part 142, in accordance with 40 CFR 3.1000(f). Requests for a hearing must be submitted to EPA within 30 days of publication of today's Federal Register notice. Such requests should include the following information: (1) The name, address and telephone number of the individual, organization or other entity requesting a hearing;

    (2) A brief statement of the requesting person's interest in EPA's determination, a brief explanation as to why EPA should hold a hearing, and any other information that the requesting person wants EPA to consider when determining whether to grant the request;

    (3) The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

    In the event a hearing is requested and granted, EPA will provide notice of the hearing in the Federal Register not less than 15 days prior to the scheduled hearing date. Frivolous or insubstantial requests for hearing may be denied by EPA. Following such a public hearing, EPA will review the record of the hearing and issue an order either affirming today's determination or rescinding such determination. If no timely request for a hearing is received and granted, EPA's approval of the State of Kansas' request to revise its part 142—National Primary Drinking Water Regulations Implementation program to allow electronic reporting will become effective 30 days after today's notice is published, pursuant to CROMERR section 3.1000(f)(4).

    Matthew Leopard, Director, Office of Information Collection.
    [FR Doc. 2015-16314 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9930-07-Region-3] Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of delegation of authority.

    SUMMARY:

    On May 7, 2015, the Environmental Protection Agency (EPA) sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia's delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to Virginia through this notice.

    DATES:

    On May 7, 2015, EPA sent Virginia a letter acknowledging that Virginia's delegation of authority to implement and enforce NESHAP and NSPS had been updated.

    ADDRESSES:

    Copies of documents pertaining to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of Virginia's submittal are also available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

    FOR FURTHER INFORMATION CONTACT:

    Ray Chalmers, (215) 814-2061, or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    On March 12, 2015, Virginia notified EPA that Virginia had updated its incorporation by reference of Federal NESHAP and NSPS to include many such standards, as they were published in final form in the Code of Federal Regulations dated July 1, 2014. On May 7, 2015, EPA sent Virginia a letter acknowledging that Virginia now has the authority to implement and enforce the NESHAP and NSPS as specified by Virginia in its notice to EPA, as provided for under previously approved automatic delegation mechanisms. All notifications, applications, reports and other correspondence required pursuant to the delegated NESHAP and NSPS must be submitted to both the US EPA Region III and to the Virginia Department of Environmental Quality, unless the delegated standard specifically provides that such submittals may be sent to EPA or a delegated State. In such cases, the submittals should be sent only to the Virginia Department of Environmental Quality. A copy of EPA's letter to Virginia follows:

    “Michael G. Dowd, Director, Air Division, Virginia Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, Virginia 23218 Dear Mr. Dowd:

    The United States Environmental Protection Agency (EPA) has previously delegated to the Commonwealth of Virginia (Virginia) the authority to implement and enforce various federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS), which are found at 40 CFR parts 60, 61 and 63.1 In those actions, EPA also delegated to Virginia the authority to implement and enforce any future EPA NESHAP or NSPS on the condition that Virginia legally adopt the future standards, make only allowed wording changes, and provide specified notice to EPA.

    1 EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.

    In a letter dated March 12, 2015, Virginia informed EPA that Virginia had updated its incorporation by reference of federal NESHAP and NSPS to include many such standards, as they were published in final form in the Code of Federal Regulations dated July 1, 2014. Virginia noted that its intent in updating its incorporation by reference of the NESHAP and NSPS was to retain the authority to enforce all standards included in the revisions, as per the provisions of EPA's previous delegation actions. Virginia committed to enforcing the federal standards in conformance with the terms of EPA's previous delegations of authority. Virginia made only allowed wording changes.

    Virginia provided copies of its revised regulations specifying the NESHAP and NSPS which Virginia has adopted by reference. These revised regulations are entitled 9 VAC 5-50 “New and Modified Stationary Sources,” and 9 VAC 5-60 “Hazardous Air Pollutant Sources.” These revised regulations have an effective date of March 11, 2015.

    Accordingly, EPA acknowledges that Virginia now has the authority, as provided for under the terms of EPA's previous delegation actions, to implement and enforce the NESHAP and NSPS standards which Virginia has adopted by reference in Virginia's revised regulations 9 VAC 5-50 and 9 VAC 5-60, both effective on March 11, 2015.

    Please note that on December 19, 2008, in Sierra Club v. EPA,2 the United States Court of Appeals for the District of Columbia Circuit vacated certain provisions of the General Provisions of 40 CFR part 63 relating to exemptions for startup, shutdown, and malfunction (SSM). On October 16, 2009, the Court issued a mandate vacating these SSM exemption provisions, which are found at 40 CFR 63.6(f)(1) and (h)(1).

    2Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).

    Accordingly, EPA no longer allows sources the SSM exemption as provided for in the vacated provisions at 40 CFR 63.6(f)(1) and (h)(1), even though EPA has not yet formally removed these SSM exemption provisions from the General Provisions of 40 CFR part 63. Because Virginia incorporated 40 CFR part 63 by reference, Virginia should also no longer allow sources to use the former SSM exemption from the General Provisions of 40 CFR part 63 due to the Court's ruling in Sierra Club v. EPA.

    EPA appreciates Virginia's continuing NESHAP and NSPS enforcement efforts, and also Virginia's decision to take automatic delegation of additional and more recent NESHAP and NSPS by adopting them by reference.

    Sincerely, Diana Esher, Director, Air Protection Division

    This notice acknowledges the update of Virginia's delegation of authority to implement and enforce NESHAP and NSPS.

    Dated: June 18, 2015. Diana Esher, Director, Air Protection Division, Region III.
    [FR Doc. 2015-16516 Filed 7-2-15; 8:45 am] BILLING CODE 6560-50-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 30, 2015.

    A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566:

    1. The Old Fort Banking Company Employee Stock Ownership Plan and Trust, Old Fort, Ohio; to become a bank holding company by acquiring 45 percent of the voting shares of Gillmor Financial Services, Inc., and thereby indirectly acquire voting shares of The Old Fort Banking Company, both in Old Fort, Ohio.

    Board of Governors of the Federal Reserve System, June 30, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-16467 Filed 7-2-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 30, 2015.

    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309:

    1. Home Bancorp, Inc., Lafayette, Louisiana; to acquire Louisiana Bancorp, Inc., Metairie, Louisiana, and indirectly acquire Bank of New Orleans, Metairie, Louisiana, a federal savings association, and thereby engage in operating a savings association, pursuant to section 225.28(b)(4)(ii).

    Board of Governors of the Federal Reserve System, June 30, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-16466 Filed 7-2-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Agency Information Collection Activities; Proposed Collection; Comment Request; Extension of Certification of Maintenance of Effort on Help America Vote Act, Public Law 107-252, Title II, Subtitle D, Section 291, Payments for Protection and Advocacy Systems (P&A Voting Access Narrative Annual Report) AGENCY:

    Administration on Intellectual and Developmental Disabilities, Administration for Community Living, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Administration for Community Living (ACL) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow public comment in response to the notice. This notice solicits comments on the information collection requirements relating to the Help America Vote Act (HAVA), Public Law 107-252, Title II, Subtitle D, Section 291, Payments for Protection and Advocacy Systems (P&A Voting Access Narrative Annual Report).

    DATES:

    Submit written comments on the collection of information by August 5, 2015.

    ADDRESSES:

    Submit written comments on the collection of information by fax 202.395.5806 or by email to [email protected], Attn: OMB Desk Officer for ACL.

    FOR FURTHER INFORMATION CONTACT:

    Melvenia Wright, Program Specialist, Administration for Community Living, Washington, DC 20001. Telephone: (202) 357-3486; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency request or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, ACL is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, ACL invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of ACL's functions, including whether the information will have practical utility; (2) the accuracy of ACL's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (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 respondents, including through the use of automated collection techniques when appropriate, and other forms of information technology. The Protection and Advocacy Voting Access Annual Narrative Report from the Protection and Advocacy Systems is required by federal statute and regulation, the Help America Vote Act (HAVA), Public Law 107-252, Title II, Subtitle D, Section 291, Payments for Protection and Advocacy to Assure Access for Individuals with Disabilities (42 U.S.C. 15461). The report is provided in writing to the Administration for Community Living, Administration on Intellectual and Developmental Disabilities (AIDD). Each eligible Protection and Advocacy System (P&As) must prepare and submit an annual report at the end of every fiscal year by the 31st of December. The report addresses the activities conducted with the funds provided during the year. The information collected from the annual report will be aggregated into an annual profile of how the P&As have utilized the funds and review the P&As activities carried out for each of the seven mandated area. These areas include full participation in the electoral process; education, training and assistance; advocacy and education around HAVA implementation efforts; training and education of election officials, poll workers and election volunteers regarding the rights of voters with disabilities and best practices; assistance in filing complaints; assistance to State and other governmental entities regarding the physical accessibility of polling places; and obtaining training and technical assistance on voting issues. The PAVA annual narrative report will also provide an overview of the goals and accomplishments for each P&A as well as permit the Administration on Intellectual and Developmental Disabilities (AIDD) to track voting progress to monitor grant activities and create the bi-annual report to Congress. ACL estimates the burden of this collection of information as follows: 55 Protection and Advocacy Systems (P&A) respond annually which should be an average burden of 20 hours per State per year or a total of 1,100 hours for all states annually.

    Dated: June 29, 2015. Kathy Greenlee, Administrator and Assistant Secretary for Aging.
    [FR Doc. 2015-16492 Filed 7-2-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual Disabilities AGENCY:

    Administration for Community Living, HHS.

    ACTION:

    Notice.

    DATES:

    Monday, August 3, 2015 from 9:00 a.m. to 4:30 p.m.; and Tuesday, August 4, 2015 from 9:30 a.m. to 4:00 p.m. These meetings will be open to the general public.

    ADDRESSES:

    These meetings will be held in the U.S. Department of Health and Human Services/Hubert H. Humphrey Building located at 200 Independence Avenue SW., Conference Room 800, Washington, DC 20201.

    Individuals who would like to participate via conference call may do so by dialing toll-free 888-469-0957, when prompted enter pass code: 8955387. Individuals whose full participation in the meeting will require special accommodations (e.g., sign language interpreting services, assistive listening devices, materials in alternative format such as large print or Braille) should notify Dr. MJ Karimi, PCPID Team Lead, via email at [email protected], or via telephone at 202-357-3588, no later than Monday, July 27, 2015. The PCPID will attempt to accommodate requests made after this date, but cannot guarantee the ability to grant requests received after the deadline. All meeting sites are barrier free, consistent with the Americans with Disabilities Act (ADA) and the Federal Advisory Committee Act (FACA).

    Agenda: The Committee Members will discuss, finalize and approve the 2015 PCPID Report to the President. They will also begin exploring the topics for the next PCPID Report to the President.

    FOR FURTHER INFORMATION CONTACT:

    For further information, please contact Dr. MJ Karimi, Team Lead, President's Committee for People with Intellectual Disabilities, One Massachusetts Avenue NW., Room 4206, Washington, DC 20201. Telephone: 202-357-3588. Fax: 202-205-8037. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The PCPID acts in an advisory capacity to the President and the Secretary of Health and Human Services on a broad range of topics relating to programs, services and support for individuals with intellectual disabilities. The PCPID executive order stipulates that the Committee shall: (1) Provide such advice concerning intellectual disabilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the following for people with intellectual disabilities: (A) expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally designed technologies.

    Dated: June 24, 2015. Aaron Bishop, Commissioner, Administration on Intellectual and Developmental Disabilities (AIDD).
    [FR Doc. 2015-16488 Filed 7-2-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-2270] The Drug Supply Chain Security Act Implementation: Product Tracing Requirements for Dispensers—Compliance Policy; Guidance for Industry, Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled “DSCSA Implementation: Product Tracing Requirements for Dispensers—Compliance Policy.” This guidance announces FDA's intention with regard to enforcement of certain product tracing requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act) added by the Drug Supply Chain Security Act (DSCSA). FDA does not intend to take action against dispensers who, prior to November 1, 2015, accept ownership of product without receiving product tracing information, prior to or at the time of a transaction or do not capture and maintain the product tracing information, as required by the FD&C Act.

    DATES:

    Effective July 1, 2015. For information about enforcement dates, please see the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    All communications in response to this notice should be identified with Docket No. FDA-2015-D-2270, and should be directed to the office listed in the FOR FURTHER INFORMATION CONTACT section.

    FOR FURTHER INFORMATION CONTACT:

    Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-3130, [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    We are announcing the availability of a guidance for industry entitled “DSCSA Implementation: Product Tracing Requirements for Dispensers—Compliance Policy.” We are issuing this guidance consistent with our good guidance practices regulation (21 CFR 10.115). We are implementing this guidance without prior public comment because we have determined that prior public participation is not feasible or appropriate (21 CFR 10.115(g)(2)). We made this determination because this guidance document provides information pertaining to statutory requirements that take effect on July 1, 2015, regarding the provisions to provide and capture product tracing information under section 582(d)(1) of the FD&C Act (21 U.S.C 360eee-1(d)(1)). It is important that FDA provide this information before that date. Although this guidance document is immediately in effect, it remains subject to comment in accordance with the Agency's good guidance practices (21 CFR 10.115(g)(3)).

    On November 27, 2013, the DSCSA (Title II of Pub. L. 113-54) was signed into law. Section 202 of DSCSA adds sections 581 and 582 to the FD&C Act, which set forth new definitions and requirements for the tracing of products through the pharmaceutical distribution supply chain. Starting in 2015, trading partners (manufacturers, wholesale distributors, dispensers, and repackagers) are required under sections 582(b)(1), (c)(1), (d)(1), and (e)(1) of the FD&C Act to exchange product tracing information when engaging in transactions involving certain prescription drugs. For dispensers, requirements for the tracing of products through the pharmaceutical distribution supply chain under section 582(d)(1) of the FD&C Act go into effect on July 1, 2015.

    Some dispensers have expressed concern that electronic systems used to exchange, capture, and maintain product tracing information will not be operational by this effective date. Although the DSCSA allows product tracing information to be exchanged through paper in certain circumstances, FDA understands that many dispensers intend to utilize electronic systems to capture and maintain product tracing information. Thus, FDA recognizes that some dispensers may need additional time beyond July 1, 2015, to work with trading partners to ensure that the product tracing information required by section 582 is captured and maintained by dispensers. In light of these concerns, FDA does not intend to take action against dispensers who, prior to November 1, 2015: (1) Accept ownership of product without receiving product tracing information, prior to or at the time of a transaction, as required by section 582(d)(1)(A)(i) of the FD&C Act or (2) do not capture and maintain the product tracing information, as required by section 582(d)(1)(A)(iii) of the FD&C Act. This compliance policy does not extend to other requirements of the FD&C Act applicable to dispensers and other trading partners, including those in section 582, such as verification related to suspect and illegitimate product (including quarantine, investigation, notification and recordkeeping) and requirements related to engaging in transactions only with authorized trading partners. The guidance document explains the scope of the compliance policy in further detail.

    The guidance represents the current thinking of FDA on this topic. 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.

    II. Comments

    Interested persons may submit either electronic comments to http://www.regulations.gov or written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Identify all 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.

    III. Electronic Access

    Persons with access to the Internet may obtain the document at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or http://www.regulations.gov.

    Dated: June 29, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-16401 Filed 7-2-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Advisory Council on Alzheimer's Research, Care, and Services; Meeting AGENCY:

    Assistant Secretary for Planning and Evaluation, HHS.

    ACTION:

    Notice of meeting.

    SUMMARY:

    This notice announces the public meeting of the Advisory Council on Alzheimer's Research, Care, and Services (Advisory Council). The Advisory Council on Alzheimer's Research, Care, and Services provides advice on how to prevent or reduce the burden of Alzheimer's disease and related dementias on people with the disease and their caregivers. During the July meeting, the Advisory Council will hear from experts on related dementias, such as Frontotemporal dementia, Lewy Body dementia, and others. Following this session, the Advisory Council will also hold a discussion of the expected bypass budget from NIA, required in the CRomnibus Bill. The Council will also discuss updates to international events on dementia.

    DATES:

    The meeting will be held on April 28th, 2015 from 9:00 a.m. to 5:00 p.m. EDT.

    ADDRESSES:

    The meeting will be held in the Great Hall in the Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201.

    Comments: Time is allocated in the afternoon on the agenda to hear public comments. The time for oral comments will be limited to two (2) minutes per individual. In lieu of oral comments, formal written comments may be submitted for the record to Rohini Khillan, OASPE, 200 Independence Avenue SW., Room 424E, Washington, DC 20201. Comments may also be sent to [email protected] Those submitting written comments should identify themselves and any relevant organizational affiliations.

    FOR FURTHER INFORMATION CONTACT:

    Rohini Khillan (202) 690-5932, [email protected] Note: Seating may be limited. Those wishing to attend the meeting must send an email to [email protected] and put “July 27 Meeting Attendance” in the Subject line by Friday, July 17, so that their names may be put on a list of expected attendees and forwarded to the security officers at the Department of Health and Human Services. Any interested member of the public who is a non-U.S. citizen should include this information at the time of registration to ensure that the appropriate security procedure to gain entry to the building is carried out. Although the meeting is open to the public, procedures governing security and the entrance to Federal buildings may change without notice. If you wish to make a public comment, you must note that within your email.

    SUPPLEMENTARY INFORMATION:

    Notice of these meetings is given under the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)(1) and (a)(2)).

    Topics of the Meeting: The Advisory Council will hear from experts on related dementias, such as Frontotemporal dementia, Lewy Body dementia, and others. Following this session, the Advisory Council will also hold a discussion of the expected bypass budget from NIA, required in the CRomnibus Bill. The Council will also discuss updates to international events on dementia.

    Procedure and Agenda: This meeting is open to the public. Please allow 30 minutes to go through security and walk to the meeting room. The meeting will also be webcast at www.hhs.gov/live .

    Authority:

    42 U.S.C. 11225; Section 2(e)(3) of the National Alzheimer's Project Act. The panel is governed by provisions of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees.

    Dated: June 26, 2015. Richard G. Frank, Assistant Secretary for Planning and Evaluation.
    [FR Doc. 2015-16490 Filed 7-2-15; 8:45 am] BILLING CODE 4150-05-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Drug Abuse; 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: National Institute on Drug Abuse Special Emphasis Panel; R13 Conference Grant Review (PA 13-347).

    Date: July 23, 2015.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Virtual Meeting).

    Contact Person: Susan O. McGuire, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Blvd., Room 4245, Rockville, MD 20852, 301-435-1426, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Mechanism for Time-Sensitive Drug Abuse Research (R21).

    Date: July 24, 2015.

    Time: 1:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Gerald L. McLaughlin, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4238, MSC 9550, Bethesda, MD 20892-9550, 301-402-6626, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)
    Dated: June 30, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-16526 Filed 7-2-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director Notice of Charter Renewal

    In accordance with Title 41 of the U.S. Code of Federal Regulations, Section 102-3.65(a), notice is hereby given that the Charter for the Sickle Cell Disease Advisory Council (SCDAC) was renewed for an additional two-year period on June 30, 2015.

    It is determined that the SCDAC is in the public interest in connection with the performance of duties imposed on the National Institutes of Health by law, and that these duties can best be performed through the advice and counsel of this group.

    Inquires may be directed to Jennifer Spaeth, Director, Office of Federal, Advisory Committee Policy, Office of the Director, National Institutes of Health, 6701 Democracy Boulevard, Suite 1000, Bethesda, Maryland 20892 (Mail Code 4875), Telephone (301) 496-2123, or [email protected].

    Dated: June 30, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-16524 Filed 7-2-15; 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; PAR Panel: Adolescent Brain Cognitive Development (ABCD) Study—Coordinating Center and Data Analysis and Informatics Center (U24).

    Date: July 16, 2015.

    Time: 10:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.

    Contact Person: Heidi B Friedman, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1012A, MSC 7770, Bethesda, MD 20892, 301-379-5632, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Neurological, Aging and Musculoskeletal Epidemiology.

    Date: July 22, 2015.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: George Vogler, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3140, MSC 7770, Bethesda, MD 20892, (301) 237-2693, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: AIDS and AIDS Related Research.

    Date: July 29, 2015.

    Time: 10:00 a.m. to 5:00 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: Jose H. Guerrier, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1137, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: AIDS and AIDS Related Research.

    Date: July 29, 2015.

    Time: 2:30 p.m. to 4:30 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: Jose H. Guerrier, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1137, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Diabetes and Obesity.

    Date: July 30, 2015.

    Time: 1:00 p.m. to 5:30 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: John Bleasdale, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6170, MSC 7892, Bethesda, MD 20892, 301-435-4514, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR-13-385: Epigenetics in Gametogenesis and Transgenerational Inheritance.

    Date: July 31, 2015.

    Time: 3:00 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: 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; PAR-13-385: Epigenetics in Gametogenesis and Transgenerational Inheritance.

    Date: July 31, 2015.

    Time: 12:00 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: Gary Hunnicutt, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6164, MSC 7892, Bethesda, MD 20892, 301-435-0229, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: AIDS and AIDS Related Research.

    Date: August 5, 2015.

    Time: 3:00 p.m. to 7:00 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: Mark P. Rubert, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1775, [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 29, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-16381 Filed 7-2-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0032] Agency Information Collection Activities: Importers of Merchandise Subject to Actual Use Provisions AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    30-Day notice and request for comments; extension of an existing collection of information.

    SUMMARY:

    U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Importers of Merchandise Subject to Actual Use Provisions. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours or to the information collected. This document is published to obtain comments from the public and affected agencies.

    DATES:

    Written comments should be received on or before August 5, 2015 to be assured of consideration.

    ADDRESSES:

    Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to [email protected] or faxed to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, at 202-325-0265.

    SUPPLEMENTARY INFORMATION:

    This proposed information collection was previously published in the Federal Register (80 FR 23281) on April 27, 2015, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3507). The comments should address: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden, including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for OMB approval. All comments will become a matter of public record. In this document, CBP is soliciting comments concerning the following information collection:

    Title: Importers of Merchandise Subject to Actual Use Provisions.

    OMB Number: 1651-0032.

    Abstract: In accordance with 19 CFR 10.137, importers of goods subject to the actual use provisions of the Harmonized Tariff Schedule of the United States (HTSUS) are required to maintain detailed records to establish that these goods were actually used as contemplated by the law, and to support the importer's claim for a free or reduced rate of duty. The importer shall maintain records of use or disposition for a period of three years from the date of liquidation of the entry, and the records shall be available at all times for examination by CBP.

    Current Actions: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information collected.

    Type of Review: Extension (without change).

    Affected Public: Businesses.

    Estimated Number of Respondents: 12,000.

    Estimated Time per Respondent: 65 minutes.

    Estimated Total Annual Burden Hours: 13,000.

    Dated: June 29, 2015. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection.
    [FR Doc. 2015-16423 Filed 7-2-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0096] Agency Information Collection Activities: Transfer of Cargo to a Container Station AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    30-Day notice and request for comments; Extension of an existing collection of information.

    SUMMARY:

    U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Transfer of Cargo to a Container Station. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours or to the information collected. This document is published to obtain comments from the public and affected agencies.

    DATES:

    Written comments should be received on or before August 5, 2015 to be assured of consideration.

    ADDRESSES:

    Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to [email protected] or faxed to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, at 202-325-0265.

    SUPPLEMENTARY INFORMATION:

    This proposed information collection was previously published in the Federal Register (80 FR 23282) on April 27, 2015, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3507). The comments should address: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden, including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for OMB approval. All comments will become a matter of public record. In this document, CBP is soliciting comments concerning the following information collection:

    Title: Transfer of Cargo to a Container Station.

    OMB Number: 1651-0096.

    Abstract: Before the filing of an entry of merchandise for the purpose of breaking bulk and redelivering cargo, containerized cargo may be moved from the place of unlading or may be received directly at the container station from a bonded carrier after transportation in-bond. This also applies to loose cargo as part of containerized cargo. In accordance with 19 CFR 19.42, the container station operator may make a request for the transfer of a container to the station by submitting to CBP an abstract of the manifest for the transferred containers including the bill of lading number, marks, numbers, description of the contents and consignee.

    Current Actions: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information collected.

    Type of Review: Extension (without change).

    Affected Public: Businesses.

    Estimated Number of Respondents: 14,327.

    Estimated Number of Annual Responses per Respondent: 25.

    Estimated Total Annual Responses: 358,175.

    Estimated Time per Response: 7 minutes.

    Estimated Total Annual Burden Hours: 41,548.

    Dated: June 29, 2015. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection.
    [FR Doc. 2015-16424 Filed 7-2-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2015-0017] Notice of Public Workshop Regarding Information Sharing and Analysis Organizations AGENCY:

    Office of Cybersecurity and Communications, National Protection and Programs Directorate, Department of Homeland Security.

    ACTION:

    Notice of public workshop.

    SUMMARY:

    This Notice announces a public workshop on July 30, 2015 to discuss Information Sharing and Analysis Organizations, Automated Threat Information Sharing, and Analysis Capabilities and Requirements, as related to Executive Order 13691, “Promoting Private Sector Cybersecurity Information Sharing” of February 13, 2015. This workshop builds off of the workshop held on June 9, 2015 at the Volpe Center in Cambridge, MA.

    DATES:

    The workshop will be held on July 30, 2015, from 8:00 a.m. to 5:00 p.m. The meeting may conclude before the allotted time if all matters for discussion have been addressed.

    ADDRESSES:

    The meeting location is Silicon Valley at San Jose State University—1 Washington Sq., San Jose, CA 95192. See SUPPLEMENTARY INFORMATION section for the address to submit written or electronic comments.

    SUPPLEMENTARY INFORMATION:

    Executive Order 13691 can be found at: https://www.whitehouse.gov/the-press-office/2015/02/13/executive-order-promoting-private-sector-cybersecurity-information-shari.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions concerning the meeting, please contact [email protected] or Michael A. Echols, Director, JPMO, Department of Homeland Security, [email protected].

    Background and Purpose

    On February 13, 2015, President Obama signed Executive Order 13691 intended to enable and facilitate “private companies, nonprofit organizations, and executive departments and agencies . . . to share information related to cybersecurity risks and incidents and collaborate to respond in as close to real time as possible.” The order addresses two concerns the private sector has raised:

    • How can companies share information if they do not fit neatly into the sector-based structure of the existing Information Sharing and Analysis Centers (ISACs)?

    • If a group of companies wants to start an information sharing organization, what model should they follow? What are the best practices for such an organization?

    ISAOs may allow organizations to robustly participate in DHS information sharing programs even if they do not fit into an existing critical infrastructure sector, seek to collaborate with other companies in different ways (regionally, for example), or lack sufficient resources to share directly with the government. ISAOs may participate in existing DHS cybersecurity information sharing programs and contribute to near-real-time sharing of cyber threat indicators.

    Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact [email protected] and write “Special Assistance” in the subject box or contact the meeting coordinator the FOR FURTHER INFORMATION CONTACT section of this notice.

    Meeting Details

    Members of the public may attend this workshop by RSVP only up to the seating capacity of the room. We plan to audio record the Workshop Panels that take place in the San Jose State University Ball Room and to make that audio recording available on the ISAO Web page DHS.gov/ISAO. A valid government-issued photo identification (for example, a driver's license) will be required for entrance to the building and meeting space. Those who plan to attend should RSVP through the link provided on the ISAO Web page DHS.gov/ISAO 7 days prior to the meeting. Requests made after July 23, 2015 might not be able to be accommodated.

    We encourage you to participate in this meeting by submitting comments to the ISAO inbox [email protected], commenting orally, or submitting written comments to the DHS personnel attending the meeting who are identified to receive them.

    Submitting Written Comments

    You may also submit written comments to the docket using any one of the following methods:

    (1) Federal eRulemaking Portal: http://www.regulations.gov. Although comments are being submitted to the Federal eRulemaking Portal, this is a tool to provide transparency to the general public, not because this is a rulemaking action.

    (2) Email: [email protected]. Include the docket number in the subject line of the message.

    (3) Fax: 703-235-4981, Attn: Michael A. Echols.

    (4) Mail: Michael A. Echols, Director, JPMO-ISAO Coordinator, NPPD, Department of Homeland Security, 245 Murray Lane, Mail Stop 0615, Arlington VA 20598-0615.

    To avoid duplication, please use only one of these four methods. All comments must either be submitted to the online docket on or before July 20, 2015, or reach the Docket Management Facility by that date.

    Authority:

    6 U.S.C. 131-134; 6 CFR. 29; E.O. 13691.

    Dated: June 23, 2015. Andy Ozment, Assistant Secretary, Cybersecurity and Communications, National Protection and Programs Directorate, Department of Homeland Security.
    [FR Doc. 2015-16517 Filed 7-2-15; 8:45 am] BILLING CODE 9110-9P-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Intent to Request Renewal From OMB of One Current Public Collection of Information: Office of Law Enforcement/Federal Air Marshal Service LEO Reimbursement Request AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    60-day notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0063, abstracted below that we will submit to OMB for renewal in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the reimbursement of expenses incurred by airport operators for the provision of law enforcement officers to support airport checkpoint screening.

    DATES:

    Send your comments by September 4, 2015.

    ADDRESSES:

    Comments may be emailed to [email protected] or delivered to the TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh at the above address, or by telephone (571) 227-2062.

    SUPPLEMENTARY INFORMATION: Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at http://www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Information Collection Requirement

    Pursuant to 49 U.S.C. 114(m), and 106(l) and (m), TSA has authority to enter into agreements with participants to reimburse expenses incurred by airport operators for the provision of LEOs in support of screening at airport checkpoints. Consistent with this authority, TSA created the LEO Reimbursement Program, which is run by the Office of Law Enforcement/Federal Air Marshal Service (OLE/FAMS).

    TSA OLE/FAMS requires that participants in the LEO Reimbursement Program record the details of all reimbursements sought. In order to provide for the orderly tracking of reimbursements, the LEO Reimbursement Program uses TSA Form 3503, LEO Reimbursement Request which captures and tracks reimbursement information.

    The LEO Reimbursement Request form is available at www.tsa.gov. Upon completion, participants submit the LEO Reimbursement Request form directly to the OLE/FAMS LEO Reimbursement Program via fax, electronic upload via scanning the document, mail, or in person. The OLE/FAMS LEO Reimbursement Program reviews all request for reimbursement forms received. Based on the prior year participation, TSA estimates that there will be 326 participant responses monthly or 3,912 yearly.

    TSA estimates each respondent will spend approximately one hour to complete the request for reimbursement form, for a total annual hour burden of 3,912 hours.

    Dated: June 29, 2015. . Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2015-16471 Filed 7-2-15; 8:45 am] BILLING CODE 4910-52-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5834-N-01] 60 Day Notice of Proposed Information Collection; Ginnie Mae Mortgage-Backed Securities Guide 5500.3, Revision 1 (Forms and Electronic Data Submissions) AGENCY:

    Office of the President of Government National Mortgage Association (Ginnie Mae), HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: September 4, 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 either: Anna Guido, FOIA/Privacy Specialist: email: [email protected]; telephone: 202-402-5534 or Colette Pollard, Management Analyst: email: [email protected]; telephone: 202-708-0306. The above phone numbers are not toll-free numbers. Address is Department of Housing and Urban Development, 451 7th Street SW., Room 4160, Washington, DC 20410. Copies of available documents submitted to OMB may be obtained from either Ms. Guido or Ms. Pollard.

    FOR FURTHER INFORMATION CONTACT:

    Debra Murphy, Ginnie Mae, 451 7th Street SW., Room B-133, Washington, DC 20410; email—[email protected];telephone—(202) 475-4923 (this is not a toll-free number); Victoria Vargas, Ginnie Mae, 451 7th Street SW., Room B-133, Washington, DC 20410; email—[email protected]; telephone (202) 475-6752 (this is not a toll-free number); or the Ginnie Mae Web site at www.ginniemae.gov for other available information.

    SUPPLEMENTARY INFORMATION:

    The Department will submit the proposed information collection to OMB for review, .13 required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).

    This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) 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; (2) Evaluate the accuracy of the agency's estimate of the burden hours of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) 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.

    This Notice also lists the following information:

    Title of Proposal: Ginnie Mae Mortgage-Backed Securities Guide 5500.3, Revision 1 (Forms and Electronic Data Submissions).

    OMB Control Number, if applicable: 2503-0033.

    Description of the need for the information and proposed use:Ginnie Mae's Mortgage-Backed Securities Guide 5500.3, Revision 1 (“Guide”) provides instructions and guidance to participants in the Ginnie Mae Mortgage-Backed Securities (“MBS”) programs (“Ginnie Mae I and Ginnie Mae II”). Under the Ginnie Mae I program, securities are backed by single-family or multifamily loans. Under the Ginnie Mae II pr.hgram securities are only backed by single-family loans. Both the Ginnie Mae I and II MBS are modified pass-through securities. The Ginnie Mae II multiple Issuer MBS is structured so that small issuers, who do not meet the minimum number of loans and dollar amount requirements of the Ginnie Mae I MBS, can participate in the secondary mortgage market. In addition, the Ginnie Mae II MBS permits the securitization of adjustable rate mortgages (“ARMs”).

    Description of Proposed New Requirements:Due to the elimination of the application used for Fingerprint Enrollment used by Ginnie Mae issuers and document custodians to access the GinnieNET system, Ginnie Mae is revising our Appendix III-29 to include the following:

    The name of the appendix will be changed to: Ginnie Mae Systems Access Appendix will have six (6) clearing defined sections. They are as follows:

    Appendix III-29: Instructions: Incorporates language to make the Appendix applicable to Ginnie Mae's GinnieNET system as well as the Ginnie Mae GMEP system. It clarifies the relationship of the Appendix to Ginnie Mae form HUD 11708. Appendix III-29 (A): Issuer Security Officer Registration: Incorporates language to make the Appendix applicable to Ginnie Mae's GinnieNET system as well as the Ginnie Mae GMEP system. Appendix III-29 (B): User Registration for Issuer Only: Incorporates language to ensure the user acknowledgements and signed rules of behavior the encompass the use of the GinnieNET system. Adding a Ginnie NET section with two (2) check boxes to the following types of GinnieNET functions: GinnieNET RSA SecurID Token Holder and GinnieNET User. Appendix III-29 (C): Custodian Security Officer Registration: Incorporates language to make the Appendix applicable to Ginnie Mae's GinnieNET system as well as the Ginnie Mae GMEP system. Appendix III-29 (D): Custodian User Registration: Incorporates language to ensure the user acknowledgements and signed rules of behavior the encompass the use of the GinnieNET system. Adding a check box for GinnieNET SecurID Token Holder. Appendix III-29 (E): RSA SecurID Token Request: New form to be used by Ginnie Mae Issuers and Document Custodians to obtain the required RSA Token and identify user access. Appendix III-13: Name being changed from Electronic Data Interchanges System Agreement to Electronic Data Transfer Agreement Section 4.7: Choice of Law: will add: and Law of the District of Columbia.

    The addition of the new sections and increase in Appendix III-29 is the reason for the increase of burden hours. There is no increase in burden hours with regard to Appendix III-13.

    There are 15 forms and appendices in our collection which are volume driven rather than participant driven: these have increased as our portfolio has grown.

    Included in the Guide are the appendices, forms, and documents necessary for Ginnie Mae to properly administer its MBS programs.

    Agency form numbers, if applicable: 11700, 11701, 11702, 11704, 11705, 11706, 11707, 11708, 11709, 11709-A, 11710A, 1710-B, 1710-C, 11710D, 11710E, 11711-A, 11711-B, 11714, 11714-SN, 11720, 11715, 11732, 11785

    While most of the calculations are based on number of respondents multiplied by the frequency of response, there are several items whose calculations are based on volume.

    Form Appendix No. Title Number of
  • respondents
  • Frequency
  • of
  • responses
  • per year
  • Total
  • annual
  • responses
  • Hours per
  • response
  • Total
  • annual
  • hours
  • 11700 11-1 Letter of Transmittal 329 4 1200 0.033 43.4 11701 1-1 Application for Approval Ginnie Mae Mortgage-Backed Securities Issuer 100 1 100 .3 300.0 11702 1-2 Resolution of Board of Directors and Certificate of Authorized Signatures 454 1 454 0.08 36.3 11703- 1-7 Master Agreement for Participation Accounting 14 1 14 0.08 1.1 11704 11-2 Commitment to Guaranty Mortgage-Backed Securities 329 4 1316 0.033 43.4 11707 111-1 Master Servicing Agreement 468 1 468 0.033 15.4 11709 111-2 Master Agreement for Servicer's Principal and Interest Custodial Account 468 1 468 0.033 15.4 11715 111-4 Master Custodial Agreement 468 1 468 0.033 15.4 11720 111-3 Master Agreement for Servicer's Escrow Custodial Account 468 1 468 0.033 15.4 11732 111-22 Custodian's Certification for Construction Securities 55 1 55 0.016 0.9 IX-1 Financial Statements and Audit Reports 468 1 468 1 468 0 Mortgage Bankers Financial Reporting Form 315 4 1260 0.5 630.0 11709-A 1-6 ACH Debit Authorization 468 1 468 0.033 15.4 11710 D VI-5 Issuer's Monthly Summary Reports 315 12 3780 0.13 491.4 11710A, 1710B, 1710C &11710E VI-12 Issuer's Monthly Accounting Report and Liquidation Schedule 315 1 315 0.13 41.0 11710-DH VI-21 HMBS Issuer's Monthly Summary Report 14 12 168 0.13 21.8 111-13 Electronic Data Transfer Agreement 100 1 100 1 100.0 111-14 Enrollment Administrator Signatories for Issuers and Document Custodians 100 1 100 1 100.0 1-4 Cross Default Agreement 10 1 10 0.05 0.5 VI-18 WHFIT Reporting 329 4 1316 0.13 171.0 111-29 Systems Access Forms 517 1 517 2 1034.0 VIII-1 Ginnie Mae Acknowledgement Agreement and Accompanying Documents Pledge of Servicing 10 1 10 1 10 VI-19 Monthly Pool and Loan Level Report (RFS) 300 12 3600 0.13 468.0 The burden for the Items listed below is based on volume and/or number of requests. 11705 111-6 Schedule of Subscribers and Ginnie Mae Guaranty Agreement 315 12 42000 0.05 2100.0 11706 111-7 Schedule of Pooled Mortgages 315 12 42000 0 08 97440.0 11705H 111-28 Schedule of Subscribers and Ginnie Mae Guaranty Agreement -HMBS Pooling-Import File Layout 14 12 960 0.05 48 11708 V-5 Document Release Request 329 1 329 0.05 16.5 XI-6, XI-8, XI-9 Soldiers' and Sailors' Quarterly Reimbursement Request and SSCRA Loan Eligibility Information 32 4 8000 0.033 1056.0 11711A and 11711B 111-5 Release of Security Interest and Certification and Agreement 329 1 678000 0.05 33900.0 11714 and 11714SN VI-10, VI-11 Issuer's Monthly Remittance Advice and Issuer's Monthly Serial Note Remittance Advice 329 12 56400 0.016 10828.8 VI-2 Letter for Loan Repurchase 315 12 600 0 033 237.6 V11-1 Collection of Remaining Principal Balances 315 12 4800000 0.033 158400.0 111-21 Certification Requirements for the Pooling of Multifamily Mature Loan Program 298 1 29811 0.05 14.9 VI-9 Request for Reimbursement of Mortgage Insurance Claim Costs for Multifamily Loans 21 1 21 0.25 5.3 VIII-3 Assignment Agreements 67 1 67 0.13 8.7 111-9 Authorization to Accept Facsimile Signed Correction Request Forms 329 12 128 0.016 2.0 VI-17 HMBS Issuer Pooling & Reporting Specification for MBSAA 12 38400 0.13 4992.0 Total Varies 10,481,802 Varies 2,618,588
    Authority:

    Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended.

    Dated: June 29, 2015. Mary K. Kinney, Executive Vice President, Government National Mortgage Association.
    [FR Doc. 2015-16478 Filed 7-2-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-R7-ES-2014-0060; FF07CAMM00 FXES11130700000] Endangered and Threatened Wildlife and Plants; Notice of Availability of Draft Polar Bear Conservation Management Plan AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of document availability for review and public comment.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft Polar Bear Conservation Management Plan (Polar Bear Plan). The polar bear is listed as threatened under the Endangered Species Act of 1973, as amended, and is also considered “depleted” under the Marine Mammal Protection Act of 1972, as amended. The draft Polar Bear Plan identifies objective, measurable recovery criteria, site-specific recovery actions, and time and cost estimates, and also serves as a conservation plan. We request review and comment on the Polar Bear Plan from agencies, organizations, and individuals with an interest in polar bear conservation.

    DATES:

    To ensure consideration of your comments in our preparation of the final plan, we must receive your comments and information by August 20, 2015. However, we will accept information about any species at any time.

    ADDRESSES:

    Document availability: The draft Polar Bear Plan is available for viewing at http://www.fws.gov/alaska/pbrt/ or at www.regulations.gov at Docket No. FWS-R7-ES-2014-0060.

    Comment submission: You may submit comments on the draft Polar Bear Plan by one of the following methods:

    • U.S. mail or hand-delivery: Public Comments Processing, ATTN: FWS-R7-ES-2014-0060, U.S. Fish and Wildlife Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803; or

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS-R7-ES-2014-0060.

    FOR FURTHER INFORMATION CONTACT:

    Mary Colligan, Chief, Marine Mammals Management, by telephone at 907-786-3800; by U.S. mail at Marine Mammals Management, U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, AK 99503; 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 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    We announce the availability of our draft Polar Bear Conservation Management Plan (Polar Bear Plan). The polar bear (Ursus maritimus) was listed throughout its range as threatened under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA). Because of its threatened status under the ESA, the species is also considered “depleted” under the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) (MMPA). As required under the ESA section 4(f), the draft Polar Bear Plan identifies “objective, measurable” recovery criteria and site-specific recovery actions with estimated time and cost to completion for the polar bear. The Polar Bear Plan also serves as a conservation plan under the MMPA with a goal of conserving and restoring depleted marine mammals to their optimum sustainable population level, and will contribute to our international polar bear conservation efforts under the 1973 Agreement on the Conservation of Polar Bears (T.I.A.S. No. 8409). We request review and comment on the Polar Bear Plan from agencies, organizations, and individuals with an interest in polar bear conservation.

    Background

    We listed the polar bear as threatened on May 15, 2008 (73 FR 28212). For description, taxonomy, distribution, status, breeding biology and habitat, and a summary of factors affecting the species, please see the final listing rule. Recovery of endangered or threatened animals and plants is a primary goal of our endangered species program and the ESA. To help guide the recovery effort, we prepare recovery plans for most listed species native to the United States. Further, the ESA requires that we develop recovery plans for listed species, unless such a plan would not promote the conservation of a particular species, and that we provide public notice and an opportunity for public review and comment during recovery plan development. Recovery plans describe actions considered necessary for the conservation and survival of the species, establish criteria for delisting listed species, and estimate time and cost for implementing needed recovery measures.

    MMPA Conservation Plans have the purpose of conserving and restoring a species or stock to its optimum sustainable population. The MMPA further provides that Conservation Plans shall be modeled on ESA recovery plans. Therefore, once finalized, the Polar Bear Plan will provide us with recommended management actions for the survival and recovery of the species, and to conserve and restore the species to its optimum sustainable population.

    Polar bears evolved to utilize the Arctic sea ice niche and are distributed throughout most ice-covered seas of the United States, Canada, the Russian Federation, Norway and Greenland/Denmark (Range States), in the Northern Hemisphere (see Figure 1 of the May 15, 2008, Listing Rule; 73 FR 28216). At the time of our 2008 final listing rule, we estimated the worldwide population of polar bears to be between 20,000 and 25,000 (73 FR 28215).

    At the time of the listing, we determined that ongoing and projected loss of the polar bear's crucial sea ice habitat threatens the species throughout all of its range. Productivity, abundance, and availability of ice seals, the polar bear's primary prey base, would be diminished by the projected loss of sea ice, and energetic requirements of polar bears for movement and obtaining food would increase. Access to traditional denning areas would be affected. In turn, these factors would cause declines in the condition of polar bears from nutritional stress and reduced productivity. The eventual effect of this loss of sea ice is that the polar bear population would decline. The rate and magnitude of decline would vary geographically, based on differences in the rate, timing, and magnitude of impacts. However, within the foreseeable future, the worldwide population would be affected, and the species is likely to become in danger of extinction throughout all of its range (73 FR 28292-28293). As the Service explained in its listing determination, global climate change resulting from greenhouse gas emissions is the root cause of the loss of Arctic sea ice.

    The Plan

    The Polar Bear Plan is more broadly focused than a typical recovery or conservation plan. At its core, the Polar Bear Plan contains a set of fundamental goals reflecting shared values of its diverse stakeholders. The fundamental goals express the intentions of the Polar Bear Plan and will be used to guide management, research, monitoring, and communication. They include the goals of the MMPA and the ESA, as they relate to polar bear conservation and recovery. Beyond the statutory mandates, the fundamental goals also reflect the input and aspirations of stakeholders closely connected with polar bears and their habitat, including the State of Alaska, the North Slope Borough, Alaska Native peoples, the Polar Bear Range States, conservation groups, and the oil and gas industry. In most cases, the fundamental goals represent range-wide objectives, but the specific applications under this Polar Bear Plan pertain primarily to the polar bear subpopulations (or stocks) present in Alaska. The goals call for a focus on conservation of polar bears while recognizing values associated with subsistence take, human safety, and economic activity. The draft Polar Bear Plan also contains specific recovery criteria, expressed in demographic and threats-based terms, to determine when the polar bear should be considered for delisting under the ESA, and demographic criteria to guide satisfying the conservation goals of the MMPA.

    Conservation and recovery actions are specified in the Polar Bear Plan. The single most important action for the recovery of polar bears is global reduction of atmospheric greenhouse gases, which, if achieved, should result in reduced global climate change, including Arctic warming and sea ice loss. Along with communicating that fact, the Polar Bear Plan identifies a suite of high-profile actions designed to ensure that polar bears remain in sufficient number and diversity so that they are in a position to recover once climate change is addressed. Those actions include the following:

    • Limit global atmospheric levels of greenhouse gases to levels appropriate for supporting polar bear recovery and conservation, primarily by reducing greenhouse gas emissions Support international conservation efforts through the Range States relationships

    • Manage human-bear conflicts

    • Collaboratively manage subsistence harvest

    • Protect denning habitat

    • Minimize risks of contamination from spills

    • Conduct strategic monitoring and research

    The full cost of implementing this Polar Bear Plan over the next 5 years is approximately $12,921,200.

    Request for Public Comments

    We request written comments on the draft Polar Bear Plan. All comments received by the date specified in DATES will be considered prior to finalization of the Polar Bear Plan. If you wish to comment, you may submit your comments and materials concerning this Plan by one of the methods listed in ADDRESSES.

    Comments and materials received, as well as supporting documentation used in preparation of the recovery plan, will be available for inspection, during normal business hours at the Service's Anchorage office (see FOR FURTHER INFORMATION CONTACT).

    This draft Polar Bear Plan represents the views and interpretations of the Service regarding the conservation and recovery of the polar bear only. The Service's approach set forth in this draft Polar Bear Plan does not necessarily preclude other approaches in developing ESA recovery plans or MMPA conservation plans. We seek comments from the public regarding viable alternatives for plans involving ice-dependent species and will consider all comments prior to finalizing this plan.

    In addition, we specifically seek comments on the following:

    (1) The scope and description of the six fundamental goals.

    (2) The suitability and feasibility of the MMPA demographic criteria related to human-caused removals and to the health of the marine ecosystem of which polar bears are part.

    (3) The suitability and feasibility of the ESA fundamental, demographic, and threats-based recovery criteria.

    (4) The use of ecoregions as recovery units to represent the genetic, behavioral, life-history, and ecological diversity of the species.

    (5) The conservation strategy and specific suite of high-priority conservation and recovery actions.

    Public Availability of Comments

    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.

    Authority

    We developed our draft recovery plan under the authority of ESA section 4(f), 16 U.S.C. 1533(f), as well as section 115(b) of the MMPA, 16 U.S.C. 1383b(b). We publish this notice under ESA section 4(f) (16 U.S.C. 1531 et seq.).

    Dated: June 5, 2015. Geoffrey L. Haskett, Regional Director, Alaska Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-16249 Filed 7-2-15; 8:45 am] BILLING CODE 4310-55-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LL WO31000.L13100000.PB0000.15X] Renewal of Approved Information Collection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    30-day notice and request for comments.

    SUMMARY:

    The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information from respondents who provide certain information in order to conduct onshore oil and gas geophysical exploration on lands managed by the BLM or the U.S. Forest Service. The Office of Management and Budget (OMB) previously approved this information collection activity, and assigned it control number 1004-0162.

    DATES:

    The OMB is required to respond to this information collection request within 60 days but may respond after 30 days. For maximum consideration, written comments should be received on or before August 5, 2015.

    ADDRESSES:

    Please submit comments directly to the Desk Officer for the Department of the Interior (OMB #1004-0162), Office of Management and Budget, Office of Information and Regulatory Affairs, fax 202-395-5806, or by electronic mail at [email protected]

    Please provide a copy of your comments to the BLM. You may do so via mail, fax, or electronic mail.

    Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street, NW., Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240.

    Fax: to Jean Sonneman at 202-245-0050.

    Electronic mail: [email protected]

    Please indicate “Attn: 1004-0162” regardless of the form of your comments.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Spencer, at 202-912-7146. Persons who use a telecommunication device for the deaf may call the Federal Information Relay Service at 1-800-877-8339, to leave a message for Ms. Spencer. You may also review the information collection request online at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    The Paperwork Reduction Act (44 U.S.C. 3501-3521) and OMB regulations at 5 CFR part 1320 provide that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. In order to obtain and renew an OMB control number, Federal agencies are required to seek public comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d) and 1320.12(a)).

    As required at 5 CFR 1320.8(d), the BLM published a 60-day notice in the Federal Register on December 24, 2014 (79 FR 77523), and the comment period ended February 23, 2015. The BLM received one comment in response to the notice, from DJ Environmental, Inc.

    The commenter expressed confusion owing to the lack of a specific proposal in the notice, and asked if the notice is a simple matter of continuing a geophysical Notice of Intent as currently written. The BLM responded to the commenter via email, explaining that the notice pertains to a collection of information defined in the PRA, the BLM is planning to seek renewal of control number 1004-0162, and the notice is the first step in the renewal process. The collection of information was not modified in response to this comment.

    During the approval period, the BLM consulted with several respondents via email, to solicit comments on the burden hours and cost estimates, availability of data, frequency of collection, and clarity of instructions. Two respondents provided feedback.

    One respondent suggested limiting the scope of what is reported on item 5, page 1 of the Notice of Completion form, to places where surface disturbance has not been reclaimed and to show those areas on a U.S. Geological Survey topographic map. At present, that item reads, “Describe any surface disturbance and how you reclaimed it.” In response to the respondent's comment, the BLM decided to change this item to “Describe any surface disturbance, its location, and how you reclaimed it.” The BLM needs this description in order to locate all disturbed areas and ensure that reclamation is completed adequately.

    Both respondents addressed items on the Notice of Intent form. One respondent requested better guidance on what is needed for “Describe the survey type” and better definition for “Describe the survey method.” The other respondent suggested changing “Describe the survey type” to seismic type, and the “Describe the survey method” to seismic method. This respondent also suggested that item 1 include geographic information system (GIS) shape files, and that item 4 should ask when the starting date will be for the casual use survey, as well as for exploration.

    Item 1 of the Notice of Intent form already requires submission of GIS data in a format that is useful for the BLM and will not be modified to include GIS shape files. However, item 1 will be changed to “A separate Plan of Operations is attached addressing items 1-5 below, in order to improve the clarity of the instruction.” The BLM will leave item 4 the same since it is common for the casual use surveys to be started and completed as soon as possible. The BLM's main concern is when the equipment will be on location. Regarding the survey type and method, the BLM will not make the requested change. Seismic is a type of survey or method, in addition to other types of surveys or methods used, for example, electromagnetic.

    The BLM now requests comments on the following subjects:

    1. Whether the collection of information is necessary for the proper functioning of the BLM, including whether the information will have practical utility;

    2. The accuracy of the BLM's estimate of the burden of collecting the information, including the validity of the methodology and assumptions used;

    3. The quality, utility and clarity of the information to be collected; and

    4. How to minimize the information collection burden on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other forms of information technology.

    Please send comments as directed under ADDRESSES and DATES. Please refer to OMB control number 1004-0162 in your correspondence. 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 following information pertains to this request:

    Title: Onshore Oil and Gas Geophysical Exploration (43 CFR Part 3150 and 36 CFR Parts 228 and 251).

    Forms: BLM Form 3150-4/FS Form 2800-16, Notice of Intent and Authorization to Conduct Oil and Gas Geophysical Exploration Operations; and

    BLM Form 3150-5/FS Form 2800-16a, Notice of Completion of Oil and Gas Geophysical Exploration Operations.

    OMB Control Number: 1004-0162.

    Abstract: Respondents supply information that enables the BLM and the U.S. Forest Service (FS) to ensure that geophysical exploration is conducted in a manner consistent with applicable statutes, regulations, land use plans, and environmental documents.

    Frequency: On occasion.

    Description of Respondents: 100 entities undertaking oil and gas geophysical exploration, i.e., activity relating to the search for evidence of oil and gas on lands managed by the BLM and the FS.

    Estimated Number of Responses Annually: 100.

    Estimated Reporting and Recordkeeping “Hour” Burden Annually: 65.

    Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden Annually: $25.

    The following table details the individual components and respective hour burdens of this information collection request:

    A. B. C. D. Type of response Number of responses Time per response Total hours
  • (Column B × Column C)
  • Notice of Intent and Request to Conduct Geophysical Exploration Operations/Outside Alaska. 43 CFR 3151.1 BLM Form 3150-4/FS Form 2800-16 45 (20 to BLM and 25 to FS) 1 hour 45 Notice of Intent and Request to Conduct Geophysical Exploration Operations/Alaska 43 CFR 3152.1, 3152.3, 3152.4, and 3152.5 BLM Form 3150-4 1 1 hour 1 Notice of Completion of Geophysical Exploration Operations 43 CFR 3151.2 and 3152.7 BLM Form 3150-5/FS Form 2800-16a 53 (28 to BLM and 25 to FS) 20 minutes 18 Data and Information Obtained in Carrying Out Exploration Plan (Alaska only) 43 CFR 3152.6 1 1 hour 1 Totals 100 65
    Jean Sonneman, Information Collection Clearance Officer, Bureau of Land Management.
    [FR Doc. 2015-16440 Filed 7-2-15; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-NERO-CACO-18599; PPNECACOS0, PPMPSD1Z.YM0000] Notice of July 20, 2015, Meeting for Cape Cod National Seashore Advisory Commission AGENCY:

    National Park Service, Interior.

    ACTION:

    Meeting notice.

    SUMMARY:

    This notice sets forth the date of the 299th Meeting of the Cape Cod National Seashore Advisory Commission.

    DATES:

    The public meeting of the Cape Cod National Seashore Advisory Commission will be held on Monday, July 20, 2015, at 1:00 p.m. (EASTERN).

    ADDRESSES:

    The Commission members will meet in the conference room at park headquarters, 99 Marconi Site Road, Wellfleet, Massachusetts 02667.

    The 299th meeting of the Cape Cod National Seashore Advisory Commission will take place on Monday, July 20, 2015, at 1:00 p.m., in the conference room at Headquarters, 99 Marconi Station Road, in Wellfleet, Massachusetts to discuss the following:

    1. Adoption of Agenda 2. Approval of Minutes of Previous Meeting (March 30, 2015) 3. Reports of Officers 4. Reports of Subcommittees Update of Pilgrim Nuclear Plant Emergency Planning Subcommittee State Legislation Proposals Nickerson Fellowship 5. Superintendent's Report Shorebird Management Plan Hydro-clamming Update Nauset Spit Update Recreational Fee Increase National Park Service Centennial Improved Properties/Town Bylaws Herring River Wetland Restoration Highlands Center Update Ocean Stewardship Topics—Shoreline Change Climate Friendly Parks 6. Old Business Live Lightly Campaign Progress Report 7. New Business 8. Date and Agenda for Next Meeting 9. Public comment 10. Adjournment FOR FURTHER INFORMATION CONTACT:

    Further information concerning the meeting may be obtained from George E. Price, Jr. Superintendent, Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667, or via telephone at (508) 771-2144.

    The meeting is open to the public. It is expected that 15 persons will be able to attend in addition to the Commission members. Interested persons may make oral/written presentations to the Commission during the business meeting or file written statements. Such requests should be made to the Park Superintendent prior to the meeting.

    SUPPLEMENTARY INFORMATION:

    The Commission was reestablished pursuant to Public Law 87-126, as amended by Public Law 105-280. The purpose of the Commission is to consult with the Secretary of the Interior, or her designee, with respect to matters relating to the development of Cape Cod National Seashore, and with respect to carrying out the provisions of sections 4 and 5 of the Act establishing the Seashore.

    Before including your address, telephone 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 may 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.

    Dated: June 29, 2015. Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2015-16486 Filed 7-2-15; 8:45 am] BILLING CODE 4310-EE-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-AKRO-CAKR-KOVA-DENA-18653; PPAKAKROR4; PPMPRLE1Y.LS0000] Notice of Open Public Meetings and Teleconferences for the National Park Service Alaska Region Subsistence Resource Commission Program AGENCY:

    National Park Service, Interior.

    ACTION:

    Meeting Notices.

    SUMMARY:

    As required by the Federal Advisory Committee Act (16 U.S.C. Appendix 1-16), the National Park Service (NPS) is hereby giving notice that the Cape Krusenstern National Monument Subsistence Resource Commission (SRC), the Kobuk Valley National Park SRC, and the Denali National Park SRC will hold public meetings to develop and continue work on NPS subsistence program recommendations, and other related regulatory proposals and resource management issues. The NPS SRC program is authorized by Section 808 of the Alaska National Interest Lands Conservation Act, (16 U.S.C. 3118), title VIII.

    Cape Krusenstern National Monument SRC Meeting/Teleconfernce Date and Location: The Cape Krusenstern National Monument SRC will meet from 9:00 a.m. to 5:00 p.m. or until business is completed on Wednesday, July 22, 2015, at the Northwest Arctic Heritage Center in Kotzebue, AK. Teleconference participants must call the Cape Krusenstern National Monument office at (907) 442-3890 by Monday, July 20, 2015, prior to the meeting to receive teleconference passcode information. The alternate meeting date is Wednesday, July 29, 2015, in case of postponement due to weather, lack of commission quorum or other unforeseen circumstances. For more detailed information regarding this meeting or if you are interested in applying for SRC membership contact Ken Adkisson, Subsistence Manager, at (907) 443-6104, or via email at [email protected] or Clarence Summers, Subsistence Manager, at (907) 644-3603 or via email at [email protected]

    Kobuk Valley National Park SRC Meeting/Teleconference Date and Location: The Kobuk Valley National Park SRC will meet from 9:00 a.m. to 5:00 p.m. or until business is completed on Thursday, July 23, 2015, at the Northwest Arctic Heritage Center in Kotzebue, AK. Teleconference participants must call the Cape Krusenstern National Monument office at (907) 442-3890 by Monday, July 20, 2015, prior to the meeting to receive teleconference passcode information. The alternate meeting date is Thursday, July 30, 2015, in case of postponement due to weather, lack of commission quorum or other unforeseen circumstances.

    For more detailed information regarding this meeting or if you are interested in applying for SRC membership contact Ken Adkisson, Subsistence Manager, at (907) 443-6104, or via email at [email protected] or Designated Federal Official Frank Hays, Superintendent, at (907) 442-3890, or via email at [email protected], or Clarence Summers, Subsistence Manager, at (907) 644-3603 or via email at [email protected]

    Denali National Park SRC Meeting Date and Location: The Denali National Park SRC will meet from 10:00 a.m. to 3:00 p.m. or until business is completed on Wednesday, August 5, 2015, at the Nikolai School in Nikolai, AK. For more detailed information regarding this meeting, or if you are interested in applying for SRC membership, contact Amy Craver, Subsistence Manger at (907) 683-9544 or by email at [email protected] or Clarence Summers, Subsistence Manager, at (907) 644-3603 or via email at [email protected]

    Proposed Meeting Agenda: The agenda may change to accommodate SRC business. The proposed meeting agenda for each meeting includes the following:

    1. Call to Order—Confirm Quorum 2. Welcome and Introductions 3. Review and Adoption of Agenda 4. Approval of Minutes 5. Superintendent's Welcome and Review of the Commission Purpose 6. Commission Membership Status 7. SRC Chair and Members' Reports 8. Superintendent's Report—NPS 9. Old Business 10. New Business 11. Federal Subsistence Board Update 12. Alaska Boards of Fish and Game Update 13. National Park Service Reports
    a. Ranger Update b. Resource Management Update c. Subsistence Manager's Report 14. Public and Other Agency Comments 15. Work Session 16. Set Tentative Date and Location for Next SRC Meeting 17. Adjourn Meeting

    SRC meeting locations and dates may change based on inclement weather or exceptional circumstances. If the meeting date and location are changed, the Superintendent will issue a press release and use local newspapers and radio stations to announce the rescheduled meeting.

    SUPPLEMENTARY INFORMATION:

    SRC meetings are open to the public and will have time allocated for public testimony. The public is welcome to present written or oral comments to the SRC. SRC meetings will be recorded and meeting minutes will be available upon request from the Superintendent for public inspection approximately six weeks after the meeting. Before including your address, telephone 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 may 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.

    Dated: June 30, 2015. Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2015-16487 Filed 7-2-15; 8:45 am] BILLING CODE 4310-EE-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-PWRO-KALA-18652; PPPWKALA00; PPMPSPD1Z.YM0000] Notice of July 29, 2015, Meeting for Kalaupapa National Historical Park Advisory Commission AGENCY:

    National Park Service, Interior.

    ACTION:

    Meeting notice.

    SUMMARY:

    As required by the Federal Advisory Committee Act (5 U.S.C. Appendix 1-16), the National Park Service is giving notice of the July 29, 2015, meeting of the Kalaupapa National Historical Park Advisory Commission.

    DATES:

    The public meeting of the Kalaupapa National Historical Park Advisory Commission will be held on Wednesday, July 29, 2015, at 9:45 a.m. (HAWAII STANDARD TIME).

    ADDRESSES:

    The meeting will be held at Paschoal Hall, Kalaupapa National Historical Park, Kalaupapa, Hawaii 96742.

    Agenda

    The Commission meeting will consist of the following:

    1. Approval of Agenda.

    2. Approval of April 21, 2015, Minutes.

    3. Superintendent's Report.

    4. Draft General Management Plan and Environmental Impact Statement Presentation.

    5. Memorial Update.

    6. Public Comments.

    FOR FURTHER INFORMATION CONTACT:

    Further information concerning this meeting may be obtained from the Designated Federal Official Erika Stein Espaniola, Superintendent, Kalaupapa National Historical Park, P.O. Box 2222, Kalaupapa, Hawaii 96742, telephone (808) 567-6802, ext. 1100.

    SUPPLEMENTARY INFORMATION:

    The meeting is open to the public. Interested persons may make oral/written presentations to the Commission or file written statements. Such requests should be made to the Superintendent at least seven days prior to the meeting. Before including your address, telephone 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 may 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.

    Dated: June 29, 2015. Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2015-16485 Filed 7-2-15; 8:45 am] BILLING CODE 4310-EE-P
    DEPARTMENT OF INTERIOR National Park Service [NPS-SERO-BICY-17490; PPSESEROC3, PMP00UP05.YP0000] Determination of Eligibility for Consideration as Wilderness Areas, Intent To Prepare Wilderness Study, Big Cypress National Preserve AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of determination of wilderness eligibility for lands in Big Cypress National Preserve and intent to expand the scope of the Backcountry Access Plan (BAP)/Environmental Impact Statement (EIS) to include a wilderness study.

    SUMMARY:

    The National Park Service (NPS) has completed a Wilderness Eligibility Assessment to determine if lands within the original 1974 legislated boundary of Big Cypress National Preserve (Preserve) meet criteria indicating eligibility for preservation as wilderness. Based on the assessment, the NPS has concluded that of the 557,065 acres assessed, 188,323 acres meet the eligibility criteria.

    In accordance with NPS Management Policies 2006, Section 6.2.2, the scope of the BAP/EIS currently being prepared for the Preserve will be expanded to include a wilderness study to determine if any portions of the Preserve should be recommended for inclusion in the National Wilderness Preservation System as defined in the Wilderness Act of 1964. A notice of intent to prepare an EIS with the BAP was published in the Federal Register of March 11, 2014. This additional notice is being published in accordance with the Council on Environmental Quality's regulations implementing the National Environmental Policy Act of 1969 (NEPA), specifically 40 CFR 1501.7.

    The NPS will conduct public meetings in the local area to receive further input from interested parties on issues, concerns, and suggestions pertinent to backcountry use and access and wilderness designation within the Preserve. The comment period will be announced through local media outlets, at the meetings, and on the backcountry access plan Web site at http://parkplanning.nps.gov/bicy.

    DATES:

    The date, time, and location of public meetings will be announced through the NPS Planning, Environment, and Public Comment (PEPC) Web site http://parkplanning.nps.gov/bicy, the Preserve Web site, and in local media outlets.

    ADDRESSES:

    Maps and descriptions of eligible lands are on file at Big Cypress National Preserve Headquarters, 33100 Tamiami Trail East, Ochopee, Florida 34141-1000 and available on the backcountry access plan Web site at http://parkplanning.nps.gov/bicy.

    FOR FURTHER INFORMATION CONTACT:

    Requests for further information should be directed to Big Cypress National Preserve Chief of Interpretation Bob DeGross by phone at 239-695-1107, via email at [email protected], or by mail at Big Cypress National Preserve, 33100 Tamiami Trail, East Ochopee, Florida 34141.

    SUPPLEMENTARY INFORMATION:

    The Preserve staff reviewed the Primary Eligibility Criteria in Section 6.2.1.1 of the NPS Management Policies 2006 to evaluate the Preserve's wilderness eligibility. This wilderness eligibility assessment was prepared in support of the Preserve's Backcountry Access Plan/Environmental Impact Statement. More detailed analysis and intensive review of the eligibility of these lands will be carried out through a formal wilderness study in the context of the BAP/EIS. According to NPS Director's Order 41, the completed wilderness study may result in revised eligibility determinations for lands within the original Preserve as well as the identification of a need to re-assess adjacent areas added to the Preserve in 1988.

    Public notices announcing the Preserve's intention to conduct this eligibility assessment were published in the Federal Register on December 15, 2014, and through a press release sent to local media outlets on September 12, 2014.

    Dated: June 29, 2015. Shawn T. Benge, Deputy Regional Director, Southeast Region.
    [FR Doc. 2015-16481 Filed 7-2-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-IMR-ZION-15480; PX.PD166570D.00.1] Boundary Description and Final Maps for Virgin River, Zion National Park, Utah AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    In accordance with the Wild and Scenic Rivers Act, the National Park Service has transmitted the final boundary description and map of the Virgin Wild and Scenic River to Congress. The classification and boundaries became effective as stated elsewhere in this notice.

    DATES:

    The boundaries and classification of the Virgin Wild and Scenic River became effective October 26, 2014.

    ADDRESSES:

    Documents may be viewed at any National Park Service Office through the LandsNet Web site [http://landsnet.nps.gov/tractsnet/documents/ZION/Miscellaneous/zion_VirginWSR_116-123881-83,85,87,89-90.pdf] and at Zion National Park Headquarters, SR 9 Springdale, UT 84767.

    FOR FURTHER INFORMATION CONTACT:

    National Park Service Denver Service Center, 12795 W. Alameda Parkway, Denver, CO 80228, 303-969-2325; [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 Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The Omnibus Public Land Management Act of 2009 (Pub. L. 111-11) of March 30, 2009, designated the Virgin Wild and Scenic River, to be administered by the Secretary of Interior. As specified by law (16 U.S.C. 1274(b)), the boundary becomes effective 90 days after the boundary amendments are forwarded to Congress. Since the boundary amendments were forwarded on July 28, 2014, the boundaries became effective on October 26, 2014.

    Additional portions of the Virgin Wild and Scenic River are managed by the Bureau of Land Management. In accordance with national BLM policies outlined in BLM's Manual 6120, section .12, Congressionally Required Maps and Legal Boundary Descriptions for NLCS Designations requires that legal boundary description must be developed in conformance with BLM's Manual of Surveying Instructions, 2009 and be finalized by the State Office Chief Cadastral Surveyor. Utah BLM will prepare these maps and legal boundary descriptions specific to the BLM segments of the Virgin River. Utah BLM will submit them to Congress as an amended submittal and to the Eastern States Office (in accordance with Manual 6120) at a later date.

    Dated: May 27, 2015. Sue E. Masica, Regional Director, Intermountain Region, National Park Service.
    [FR Doc. 2015-16475 Filed 7-2-15; 8:45 am] BILLING CODE 4312-CB-P
    INTERNATIONAL TRADE COMMISSION Certain Windshield Wipers and Components Thereof [Investigation No. 337-TA-928 and Investigation No. 337-TA-937 (Consolidated)] Notice of a Commission Determination not to Review an Initial Determination Terminating Investigation as to Federal-Mogul Respondents Based on a Settlement Agreement AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 24) of the presiding administrative law judge (“ALJ”) terminating the investigation as to Federal-Mogul respondents based on a settlement agreement.

    FOR FURTHER INFORMATION CONTACT:

    Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted Investigation No. 337-TA-928, Certain Windshield Wipers and Components Thereof, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), on September 2, 2014, based on a complaint filed by Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, “Valeo”). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,891,044 (“the `044 patent”); 7,937,798 (“the `798 patent”); and 8,220,106 by Federal-Mogul Corp. of Southfield, Michigan; Federal-Mogul Vehicle Component Solutions, Inc. of Southfield, Michigan; and Federal-Mogul S.A. of Aubange, Belgium (collectively, “Federal-Mogul”). 79 FR 52041-42 (Sep. 2, 2014).

    On November 21, 2014, the Commission instituted Investigation No. 337-TA-937, Certain Windshield Wipers and Components Thereof, based on a separate complaint filed by Valeo. The complaint alleges a violation of section 337 by reason of infringement of certain claims of the `044 patent and the `798 patent by Trico Products Corporation of Rochester Hills, Michigan, Trico Products of Brownsville, Texas; and Trico Componentes SA de CV of Tamaulipas, Mexico. 79 FR 69525-26 (Nov. 21, 2014).

    On December 9, 2014, the ALJ consolidated Investigation Nos. 337-TA-928 and 337-TA-937. See ALJ Order No. 8 in the investigation 337-TA-928. The Office of Unfair Import Investigations does not participate as a party in these consolidated investigations.

    On May 19, 2015, complainants Valeo and respondents Federal-Mogul, inter alia, filed a joint motion pursuant to 19 CFR 210.21(a)(2) and (b) to terminate by settlement the Federal-Mogul respondents. No responses were filed.

    On June 5, 2015, the ALJ issued Order No. 24 in which he, inter alia, granted the joint motion to terminate the investigation as to respondents Federal-Mogul based on a settlement agreement. This portion of Order No. 24 represents the subject ID. The ALJ found that the joint motion complies with the Commission Rules, and that termination of the investigation as to Federal-Mogul is in the public interest and will conserve public and private resources. No party petitioned for review of Order No. 24, and the Commission has determined not to review it.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: June 29, 2015. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-16436 Filed 7-2-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-776-779 (Third Review)] Preserved Mushrooms from Chile, China, India, and Indonesia; Scheduling of expedited five-year reviews AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

    DATES:

    Effective Date: June 5, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joanna Lo (202-205-1888), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background. On June 5, 2015, the Commission determined that the domestic interested party group response to its notice of institution (80 FR 11221, March 2, 2015) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).

    1 A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site.

    For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

    Staff report. A staff report containing information concerning the subject matter of these reviews was placed in the nonpublic record on June 19, 2015, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules.

    Written submissions. As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to these reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to these reviews may file written comments with the Secretary on what determination the Commission should reach in these reviews. Comments are due on or before July 6, 2015 and may not contain new factual information. Any person that is neither a party to these five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by July 6, 2015. However, should the Department of Commerce extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. Please be aware that the Commission's rules with respect to filing have changed. The most recent amendments took effect on July 25, 2014. See 79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-filing, available from the Commission's Web site at http://edis.usitc.gov.

    2 The Commission has found the responses submitted by L.K. Bowman Co., Monterey Mushrooms, Inc., and The Mushroom Co. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)).

    In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Determination. The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B).

    Authority:

    These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: June 29, 2015. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-16434 Filed 7-2-15; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Manufacturer of Controlled Substances Registration: Johnson Matthey, Inc. ACTION:

    Notice of registration.

    SUMMARY:

    Johnson Matthey, Inc. applied to be registered as a manufacturer of certain basic classes of controlled substances. The Drug Enforcement Administration (DEA) grants Johnson Matthey, Inc. registration as a manufacturer of those controlled substances.

    SUPPLEMENTARY INFORMATION:

    By notice dated February 11, 2015, and published in the Federal Register on February 19, 2015, 80 FR 8901, Johnson Matthey, Inc., Custom Pharmaceuticals Department, 2003 Nolte Drive, West Deptford, New Jersey 08066-1742 applied to be registered as a manufacturer of certain basic classes of controlled substances. No comments or objections were submitted for this notice.

    The DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Johnson Matthey, Inc. to manufacture the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

    Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed:

    Controlled substance Schedule Gamma Hydroxybutyric Acid (2010) I Marihuana (7360) I Tetrahydrocannabinols (7370) I Dihydromorphine (9145) I Difenoxin (9168) I Propiram (9649) I Amphetamine (1100) II Methamphetamine (1105) II Lisdexamfetamine (1205) II Methylphenidate (1724) II Nabilone (7379) II Cocaine (9041) II Codeine (9050) II Dihydrocodeine (9120) II Oxycodone (9143) II Hydromorphone (9150) II Diphenoxylate (9170) II Ecgonine (9180) II Hydrocodone (9193) II Meperidine (9230) II Methadone (9250) II Methadone intermediate (9254) II Morphine (9300) II Thebaine (9333) II Oxymorphone (9652) II Noroxymorphone (9668) II Alfentanil (9737) II Remifentanil (9739) II Sufentanil (9740) II Tapentadol (9780) II Fentanyl (9801) II

    The company plans to manufacture the listed controlled substances in bulk for sale to its customers.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16452 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Importer of Controlled Substances Application: United States Pharmacopeial Convention ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before August 5, 2015. Such persons may also file a written request for a hearing on the application pursuant to 21 CFR 1301.43 on or before August 5, 2015.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152.

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.34(a), this is notice that on March 3, 2015, United States Pharmacopeial Convention, 12601 Twinbrook Parkway, Rockville, Maryland 20852 applied to be registered as an importer of the following basic classes of controlled substances:

    Controlled substance Schedule Cathinone (1235) I Methaqualone (2565) I Lysergic acid diethylamide (7315) I Marihuana (7360) I Tetrahydrocannabinols (7370) I 4-Methyl-2,5-dimethoxyamphetamine (7395) I 3,4-Methylenedioxyamphetamine (7400) I Codeine-N-oxide (9053) I Difenoxin (9168) I Heroin (9200) I Morphine-N-oxide (9307) I Norlevorphanol (9634) I Amphetamine (1100) II Methamphetamine (1105) II Phenmetrazine (1631) II Methylphenidate (1724) II Amobarbital (2125) II Pentobarbital (2270) II Secobarbital (2315) II Glutethimide (2550) II Phencyclidine (7471) II 4-Anilino-N-phenethyl-4-piperidine (ANPP) (8333) II Phenylacetone (8501) II Alphaprodine (9010) II Anileridine (9020) II Cocaine (9041) II Codeine (9050) II Dihydrocodeine (9120) II Oxycodone (9143) II Hydromorphone (9150) II Diphenoxylate (9170) II Hydrocodone (9193) II Levomethorphan (9210) II Levorphanol (9220) II Meperidine (9230) II Methadone (9250) II Dextropropoxyphene, bulk (non-dosage forms) (9273) II Morphine (9300) II Thebaine (9333) II Oxymorphone (9652) II Noroxymorphone (9668) II Alfentanil (9737) II Sufentanil (9740) II

    The company plans to import the listed controlled substances in bulk powder form from foreign sources for the manufacture of analytical reference standards for sale to their customers.

    The company plans to import analytical reference standards for distribution to its customers for research and analytical purposes. Placement of these drug codes onto the company's registration does not translate into automatic approval of subsequent permit applications to import controlled substances. Approval of permit applications will occur only when the registrant's business activity is consistent with what is authorized under to 21 U.S.C. 952(a)(2). Authorization will not extend to the import of FDA approved or non-approved finished dosage forms for commercial sale.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16445 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Manufacturer of Controlled Substances Registration: Halo Pharmaceutical, Inc. ACTION:

    Notice of registration.

    SUMMARY:

    Halo Pharmaceutical, Inc. applied to be registered as a manufacturer of certain basic classes of controlled substances. The Drug Enforcement Administration (DEA) grants Halo Pharmaceutical, Inc. registration as a manufacturer of those controlled substances.

    SUPPLEMENTARY INFORMATION:

    By notice dated January 9, 2015, and published in the Federal Register on January 26, 2015, 80 FR 3979, Halo Pharmaceutical, Inc., 30 North Jefferson Road, Whippany, New Jersey 07981 applied to be registered as a manufacturer of certain basic classes of controlled substances. No comments or objections were submitted to this notice.

    The DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Halo Pharmaceutical, Inc. to manufacture the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

    Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances:

    Controlled substance Schedule Dihydromorphine (9145) I Hydromorphone (9150) II

    The company plans to manufacture Hydromorphone HCL for sale to other manufacturers and to manufacture other controlled substances for distribution to its customers. Dihydromorphine is an intermediate in the manufacture of Hydromorphone and is not for commercial distribution.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16456 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Importer of Controlled Substances Application: Kremers Urban Pharmaceuticals, Inc. ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic class, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before August 5, 2015. Such persons may also file a written request for a hearing on the application pursuant to 21 CFR 1301.43 on or before August 5, 2015.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL/8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152.

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.34(a), this is notice that on January 12, 2015, Kremers Urban Pharmaceuticals, Inc., 1101 C Avenue West, Seymour, Indiana 47274 applied to be registered as an importer of methylphenidate (1724), a basic class of controlled substance listed in schedule II.

    The company plans to import the listed substances in finished dosage form (FDF) from foreign sources for analytical testing and clinical trials in which the foreign FDF will be compared to the company's own domestically-manufactured FDF. This analysis is required to allow the company to export domestically-manufactured FDF to foreign markets.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16444 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Bulk Manufacturer of Controlled Substances Application: AMPAC Fine Chemicals LLC ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before September 4, 2015.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152.

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.33(a), this is notice that on March 20, 2015, AMPAC Fine Chemicals LLC, Highway 50 and Hazel Avenue, Building 05001, Rancho Cordova, California 95670 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances:

    Controlled substance Schedule Methylphenidate (1724) II Thebaine (9333) II Poppy Straw Concentrate (9670) II Tapentadol (9780) II

    The company is a contract manufacturer. In reference to Poppy Straw Concentrate the company will manufacture thebaine intermediates for sale to its customers for further manufacture. No other activity for this drug code is authorized for this registration.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16443 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Manufacturer of Controlled Substances Registration: Rhodes Technologies ACTION:

    Notice of registration.

    SUMMARY:

    Rhodes Technologies applied to be registered as a manufacturer of certain basic classes of controlled substances. The Drug Enforcement Administration (DEA) grants Rhodes Technologies registration as a manufacturer of those controlled substances.

    SUPPLEMENTARY INFORMATION:

    By notice dated January 21, 2015, and published in the Federal Register on January 28, 2015, 80 FR 4593, Rhodes Technologies, 498 Washington Street, Coventry, Rhode Island 02816 applied to be registered as a manufacturer of certain basic classes of controlled substances. One objection was received on March 27, 2015. However, after a thorough review of this matter, the Drug Enforcement Administration has concluded that the issues raised in the objection do not warrant the denial of this application.

    The DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Rhodes Technologies to manufacture the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

    Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances:

    Controlled substance Schedule Tetrahydrocannabinols (7370) I Methylphenidate (1724) II Codeine (9050) II Dihydrocodeine (9120) II Oxycodone (9143) II Hydromorphone (9150) II Hydrocodone (9193) II Levorphanol (9220) II Morphine (9300) II Oripavine (9330) II Thebaine (9333) II Oxymorphone (9652) II Noroxymorphone (9668) II Tapentadol (9780) II Fentanyl (9801) II

    The company plans to manufacture the above-listed controlled substances in bulk for conversion and sale to dosage form manufacturers.

    In reference to drug code 7370, the company plans to bulk manufacture a synthetic tetrahydrocannabinol. No other activity for this drug code is authorized for this registration.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16458 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Importer of Controlled Substances Application: Lipomed, Inc. ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before August 5, 2015. Such persons may also file a written request for a hearing on the application pursuant to 21 CFR 1301.43 on or before August 5, 2015.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152.

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.34(a), this is notice that on March 31, 2014, Lipomed, Inc., One Broadway, Cambridge, Massachusetts 02142 applied to be registered as an importer of the following basic classes of controlled substances:

    Controlled substance Schedule Cathinone (1235) I Methcathinone (1237) I Mephedrone (4-Methyl-N-methylcathinone) (1248) I N-Ethylamphetamine (1475) I N,N-Dimethylamphetamine (1480) I Fenethylline (1503) I Aminorex (1585) I 4-Methylaminorex (cis isomer) (1590) I Gamma Hydroxybutyric Acid (2010) I Methaqualone (2565) I Mecloqualone (2572) I JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl) indole) (6250) I SR-18 (Also known as RCS-8) (1-Cyclohexylethyl-3-(2-methoxyphenylacetyl) indole) (7008) I JWH-019 (1-Hexyl-3-(1-naphthoyl)indole) (7019) I JWH-081 (1-Pentyl-3-(1-(4-methoxynaphthoyl) indole) (7081) I SR-19 (Also known as RCS-4) (1-Pentyl-3-[(4-methoxy)-benzoyl] indole (7104) I JWH-018 (also known as AM678) (1-Pentyl-3-(1-naphthoyl) indole) (7118) I JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl) indole) (7122) I JWH-073 (1-Butyl-3-(1-naphthoyl)indole) (7173) I JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl) indole) (7200) I AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl) indole) (7201) I JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl) indole) (7203) I Alpha-ethyltryptamine (7249) I Ibogaine (7260) I CP-47,497 (5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl-phenol) (7297) I CP-47,497 C8 Homologue (5-(1,1-Dimethyloctyl)-2-[(1R,3S)3-hydroxycyclohexyl-phenol) (7298) I Lysergic acid diethylamide (7315) I 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) (7348) I Marihuana (7360) I Tetrahydrocannabinols (7370) I Parahexyl (7374) I Mescaline (7381) I 2-(4-Ethylthio-2,5-dimethoxyphenyl) ethanamine (2C-T-2) (7385) I 3,4,5-Trimethoxyamphetamine (7390) I 4-Bromo-2,5-dimethoxyamphetamine (7391) I 4-Bromo-2,5-dimethoxyphenethylamine (7392) I 4-Methyl-2,5-dimethoxyamphetamine (7395) I 2,5-Dimethoxyamphetamine (7396) I JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl) indole (7398) I 2,5-Dimethoxy-4-ethylamphetamine (7399) I 3,4-Methylenedioxyamphetamine (7400) I 5-Methoxy-3,4-methylenedioxyamphetamine (7401) I N-Hydroxy-3,4-methylenedioxyamphetaimine (7402) I 3,4-Methylenedioxy-N-ethylamphetamine (7404) I 3,4-Methylenedioxymethamphetamine (7405) I 4-Methoxyamphetamine (7411) I 5-Methoxy-N-N-dimethyltryptamine (7431) I Alpha-methyltryptamine (7432) I Bufotenine (7433) I Psilocybin (7437) I Psilocyn (7438) I 5-Methoxy-N,N-diisopropyltryptamine (7439) I N-Ethyl-1-phenylcyclohexylamine (7455) I 1-[1-(2-Thienyl)cyclohexyl]piperidine (7470) I 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (7473) I N-Ethyl-3-piperidyl benzilate (7482) I N-Methyl-3-piperidyl benzilate (7484) I N-Benzylpiperazine (7493) I 2-(2,5-Dimethoxy-4-methylphenyl) ethanamine (2C-D) (7508) I 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C-E) (7509) I 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H) (7517) I 2-(4-lodo-2,5-dimethoxyphenyl) ethanamine (2C-I) (7518) I 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C) (7519) I 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N) (7521) I 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P) (7524) I 2-(4-Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-4) (7532) I MDPV (3,4-Methylenedioxypyrovalerone) (7535) I Methylone (3,4-Methylenedioxy-N-methylcathinone) (7540) I AM-694 (1-(5-Fluropentyl)-3-(2-iodobenzoyl) indole) (7694) I Acetyldihydrocodeine (9051) I Benzylmorphine (9052) I Codeine-N-oxide (9053) I Cyprenorphine (9054) I Desomorphine (9055) I Etorphine (except HCI) (9056) I Codeine methylbromide (9070) I Dihydromorphine (9145) I Difenoxin (9168) I Heroin (9200) I Hydromorphinol (9301) I Methyldesorphine (9302) I Methyldihydromorphine (9304) I Morphine methylbromide (9305) I Morphine methylsulfonate (9306) I Morphine-N-oxide (9307) I Myrophine (9308) I Nicocodeine (9309) I Nicomorphine (9312) I Normorphine (9313) I Pholcodine (9314) I Thebacon (9315) I Acetorphine (9319) I Acetylmethadol (9601) I Allylprodine (9602) I Alphacetylmethadol except levo-alphacetyl-methadol (9603) I Alphamethadol (9605) I Dioxaphetyl butyrate (9621) I Dipipanone (9622) I Ethylmethylthiambutene (9623) I Etonitazene (9624) I Etoxeridine (9625) I Furethidine (9626) I Hydroxypethidine (9627) I Ketobemidone (9628) I Levomoramide (9629) I Levophenacylmorphan (9631) I Morpheridine (9632) I Noracymethadol (9633) I Norlevorphanol (9634) I Normethadone (9635) I Norpipanone (9636) I Phenadoxone (9637) I Phenampromide (9638) I Phenoperidine (9641) I Piritramide (9642) I Proheptazine (9643) I Properidine (9644) I Racemoramide (9645) I Trimeperidine (9646) I Phenomorphan (9647) I Propiram (9649) I Tilidine (9750) I Para-Fluorofentanyl (9812) I 3-Methylfentanyl (9813) I Acetyl-alpha-methylfentanyl (9815) I Beta-hydroxy-3-methylfentanyl (9831) I Amphetamine (1100) II Methamphetamine (1105) II Lisdexamfetamine (1205) II Phenmetrazine (1631) II Methylphenidate (1724) II Amobarbital (2125) II Pentobarbital (2270) II Secobarbital (2315) II Glutethimide (2550) II Nabilone (7379) II 1-Phenylcyclohexylamine (7460) II Phencyclidine (7471) II 4-Anilino-N-phenethyl-4-piperidine (ANPP) (8333) II Phenylacetone (8501) II 1-Piperidinocyclohexanecarbonitrile (8603) II Alphaprodine (9010) II Anileridine (9020) II Cocaine (9041) II Codeine (9050) II Etorphine HCI (9059) II Dihydrocodeine (9120) II Oxycodone (9143) II Hydromorphone (9150) II Diphenoxylate (9170) II Ecgonine (9180) II Ethylmorphine (9190) II Hydrocodone (9193) II Levomethorphan (9210) II Levorphanol (9220) II Isomethadone (9226) II Meperidine (9230) II Meperidine intermediate-B (9233) II Metazocine (9240) II Methadone (9250) II Methadone intermediate (9254) II Metopon (9260) II Dextropropoxyphene, bulk (non-dosage forms) (9273) II Morphine (9300) II Thebaine (9333) II Dihydroetorphine (9334) II Levo-alphacetylmethadol (9648) II Oxymorphone (9652) II Noroxymorphone (9668) II Phenazocine (9715) II Piminodine (9730) II Racemethorphan (9732) II Racemorphan (9733) II Alfentanil (9737) II Remifentanil (9739) II Sufentanil (9740) II Carfentanil (9743) II Tapentadol (9780) II Bezitramide (9800) II Fentanyl (9801) II

    The company plans to import analytical reference standards for distribution to its customers for research and analytical purposes. Placement of these drug codes onto the company's registration does not translate into automatic approval of subsequent permit applications to import controlled substances. Approval of permit applications will occur only when the registrant's business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of FDA approved or non-approved finished dosage forms for commercial sale.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16448 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Manufacturer of Controlled Substances Registration: Euticals, Inc. ACTION:

    Notice of registration.

    SUMMARY:

    Euticals, Inc. applied to be registered as a manufacturer of certain basic classes of controlled substances. The Drug Enforcement Administration (DEA) grants Euticals, Inc. registration as a manufacturer of those controlled substances.

    SUPPLEMENTARY INFORMATION:

    By notice dated January 9, 2015, and published in the Federal Register on January 26, 2015, 80 FR 3978, Euticals, Inc., 2460 W. Bennett Street, Springfield, Missouri 65807-1229 applied to be registered as a manufacturer of certain basic classes of controlled substances. No comments or objections were submitted to this notice.

    The DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Euticals, Inc. to manufacture the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

    Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances:

    Controlled substance Schedule Gamma Hydroxybutyric Acid (2010) I Amphetamine (1100) II Lisdexamfetamine (1205) II Methylphenidate (1724) II Phenylacetone (8501) II Methadone (9250) II Methadone intermediate (9254) II Oripavine (9330) II Tapentadol (9780) II

    The company plans to manufacture the listed controlled substances in bulk for distribution and sale to its customers.

    In reference to Amphetamine (1100), the company plans to acquire the listed controlled substance in bulk from a domestic source in order to manufacture other controlled substances in bulk for distribution to its customers.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16454 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Bulk Manufacturer of Controlled Substances Application: Navinta, LLC ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before September 4, 2015.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152.

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.33(a), this is notice that on February 4, 2015, Navinta, LLC, 1499 Lower Ferry Road, Ewing, New Jersey 08618-1414 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances:

    Controlled substance Schedule 4-Anilino-N-phenethyl-4-piperidine (ANPP) (8333) II Fentanyl (9801) II

    The company plans initially to manufacture API quantities of the listed controlled substances for validation purposes and FDA approval, then eventually upon FDA approval to produce commercial size batches for distribution to dosage form manufacturers.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16441 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Importer of Controlled Substances Registration: Mylan Pharmaceuticals, Inc. ACTION:

    Notice of registration.

    SUMMARY:

    Mylan Pharmaceuticals, Inc. applied to be registered as an importer of certain basic classes of controlled substances. The Drug Enforcement Administration (DEA) grants Mylan Pharmaceuticals, Inc. registration as an importer of those controlled substances.

    SUPPLEMENTARY INFORMATION:

    By notice dated March 20, 2015, and published in the Federal Register on March 27, 2015, 80 FR 16436, Mylan Pharmaceuticals, Inc., 3711 Collins Ferry Road, Morgantown, West Virginia 26505 applied to be registered as an importer of certain basic classes of controlled substances. No comments or objections were submitted for this notice.

    The DEA has considered the factors in 21 U.S.C. 823, 952(a) and 958(a) and determined that the registration of Mylan Pharmaceuticals, Inc. to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

    Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above-named company is granted registration as an importer of the basic classes of controlled substances:

    Controlled substance Schedule Amphetamine (1100) II Lisdexamfetamine (1205) II Methylphenidate (1724) II Pentobarbital (2270) II Oxycodone (9143) II Hydromorphone (9150) II Hydrocodone (9193) II Levorphanol (9220) II Morphine (9300) II Oxymorphone (9652) II Remifentanil (9739) II Fentanyl (9801) II

    The company plans to import the listed controlled substances in finished dosage form (FDF) from foreign sources for analytical testing and clinical trials in which the foreign FDF will be compared to the company's own domestically-manufactured FDF. This analysis is required to allow the company to export domestically-manufactured FDF to foreign markets.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16453 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Manufacturer of Controlled Substances Registration: Noramco, Inc. ACTION:

    Notice of registration.

    SUMMARY:

    Noramco, Inc. applied to be registered as a manufacturer of certain basic classes of controlled substances. The Drug Enforcement Administration (DEA) grants Noramco, Inc. registration as a manufacturer of those controlled substances.

    SUPPLEMENTARY INFORMATION:

    By notice dated September 26, 2014, and published in the Federal Register on October 7, 2014, 79 FR 60498, Noramco, Inc., Olympic Drive, Athens, Georgia 30601 applied to be registered as a manufacturer of certain basic classes of controlled substances. No comments or objections were submitted to this notice.

    The DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Noramco, Inc. to manufacture the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

    Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed:

    Controlled substance Schedule Gamma Hydroxybutyric Acid (2010) I Codeine-N-oxide (9053) I Dihydromorphine (9145) I Morphine-N-oxide (9307) I Amphetamine (1100) II Methylphenidate (1724) II Codeine (9050) II Dihydrocodeine (9120) II Oxycodone (9143) II Hydromorphone (9150) II Hydrocodone (9193) II Morphine (9300) II Oripavine (9330) II Thebaine (9333) II Opium tincture (9630) II Oxymorphone (9652) II Noroxymorphone (9668) II Alfentanil (9737) II Sufentanil (9740) II Carfentanil (9743) II Tapentadol (9780) II Fentanyl (9801) II

    The company plans to manufacture the listed controlled substances in bulk for distribution to its customers.

    Dated: June 25, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator.
    [FR Doc. 2015-16455 Filed 7-2-15; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE [OMB Number 1110-NEW] Agency Information Collection Activities; Proposed eCollection eComments Requested; Approval of a New Collection Request for Emergency or Term Access to National Security Information Form (FD-1116) AGENCY:

    Federal Bureau of Investigation, DOJ.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Security Division (SecD) will be submitting 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 proposed information collection was previously published in the FR 80 23290, April 27, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until August 5, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    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;

    Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    Enhance the quality, utility, and clarity of the information to be collected; and

    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.

    Overview of this information collection:

    (1) Type of Information Collection: Approval of a new collection.

    (2) Title of the Form/Collection: Request for Emergency or Term Access to National Security Information Form

    (3) Agency form number: FD-1116

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: This form is utilized by to collect information in order to initiate a background investigation before access is granted to classified and sensitive information to private sector people.

    (5) An estimate of the total number of respondents and the amount of time estimated

    (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 83 total annual burden hours associated with this collection.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E.405B, Washington, DC 20530.

    Dated: June 30, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-16484 Filed 7-2-15; 8:45 am] BILLING CODE 4410-12-P
    DEPARTMENT OF LABOR Office of the Secretary Privacy Act of 1974; Publication of an individual Systems of Records AGENCY:

    Office of the Secretary, Labor.

    ACTION:

    Notice of One New System of Records.

    SUMMARY:

    The Privacy Act of 1974 requires that each agency publish notice of all of the systems of records that it maintains. This document proposes to establish an individual system of records to the current systems of records of the Department of Labor (Department or DOL).

    DATES:

    Persons wishing to comment on the changes set out in this notice may do so on or before August 17, 2015.

    Dates:

    Effective Date: Unless there is a further notice in the Federal Register, this new system of record will become effective on August 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joseph J. Plick, Counsel for FOIA and Information Law, Office of the Solicitor, Department of Labor, 200 Constitution Avenue, NW., Room N-2420, Washington, DC 20210, telephone (202) 693-5527, or by email to [email protected]

    SUPPLEMENTARY INFORMATION:

    The Department of Labor has established a system of records pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)), hereinafter referred to as the Act, the Department hereby publishes notice of updates to its systems of records.

    This current document presents one new system of records. This notice provides a summary of the new system of records and then provides the Universal Routine Uses applicable to this new system of records.

    The proposed new system is entitled DOL/VETS-5, Veterans' Data Exchange Initiative (VDEI). This system contains records related to Exiting Service Members (ESMs) participating in the United States Department of Defense (DOD) Pre-separation Counseling of the Transition Assistance Program.

    General Prefatory Statement A. Universal Routine Uses of the Records

    The following routine uses of the records apply to and are incorporated by reference into each system of records published below unless the text of a particular notice of a system of records indicates otherwise. These routine uses do not apply to DOL/OASAM-5, Rehabilitation and Counseling File; DOL/OASAM-7, Employee Medical Records, and DOL/CENTRAL-3, Internal Investigations of Harassing Conduct.

    1. To disclose the records to the Department of Justice when: (a) The agency or any component thereof; or (b) any employee of the agency in his or her official capacity; or (c) the United States Government, is a party to litigation or has an interest in such litigation, and by careful review, the agency determines that the records are both relevant and necessary to the litigation, and the use of such records by the Department of Justice is for a purpose that is compatible with the purpose for which the agency collected the records.

    2. To disclose the records in a proceeding before a court or adjudicative body, when: (a) The agency or any component thereof; or (b) any employee of the agency in his or her official capacity; or (c) any employee of the agency in his or her individual capacity; or (d) the United States Government, is a party to litigation or has an interest in such litigation, and by careful review, the agency determines that the records are both relevant and necessary to the litigation, and that the use of such records is for a purpose that is compatible with the purpose for which the agency collected the records.

    3. When a record on its face, or in conjunction with other information, indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate agency, whether Federal, foreign, State, local, or tribal, or other public authority responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the agency determines by careful review that the records or information are both relevant and necessary to any enforcement, regulatory, investigative or prosecutive responsibility of the receiving entity, and that the use of such records or information is for a purpose that is compatible with the purposes for which the agency collected the records.

    4. To a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.

    5. To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted pursuant to 44 U.S.C. 2904 and 2906.

    6. To disclose to contractors, employees of contractors, consultants, grantees, and volunteers who have been engaged to assist the agency in the performance of or working on a contract, service, grant, cooperative agreement or other activity or service for the Federal Government.

    Note:

    Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a; see also 5 U.S.C. 552a(m).

    7. To the parent locator service of the Department of Health and Human Services or to other authorized persons defined by Public Law 93-647 (42 U.S.C. 653(c)) the name and current address of an individual for the purpose of locating a parent who is not paying required child support.

    8. To any source from which information is requested in the course of a law enforcement or grievance investigation, or in the course of an investigation concerning retention of an employee or other personnel action, the retention of a security clearance, the letting of a contract, the retention of a grant, or the retention of any other benefit, to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and identify the type of information requested.

    9. To a Federal, State, local, foreign, tribal, or other public authority of the fact that this system of records contains information relevant to the hiring or retention of an employee, the granting or retention of a security clearance, the letting of a contract, a suspension or debarment determination or the issuance or retention of a license, grant, or other benefit.

    10. To the Office of Management and Budget during the coordination and clearance process in connection with legislative matters.

    11. To the Department of the Treasury, and a debt collection agency with which the United States has contracted for collection services, to recover debts owed to the United States.

    12. To the news media and the public when (1) the matter under investigation has become public knowledge, (2) the Solicitor of Labor determines that disclosure is necessary to preserve confidence in the integrity of the Department or is necessary to demonstrate the accountability of the Department's officers, employees, or individuals covered by this system, or (3) the Solicitor of Labor determines that there exists a legitimate public interest in the disclosure of the information, provided the Solicitor of Labor determines in any of these situations that the public interest in disclosure of specific information in the context of a particular case outweighs the resulting invasion of personal privacy.

    B. System Location—Flexiplace Programs

    The following paragraph applies to and is incorporated by reference into all of the Department's systems of records under the Privacy Act, within the category entitled, SYSTEM LOCATION.

    Pursuant to the Department of Labor's Flexiplace Programs (also known as “telework” pursuant to the Telework Enhancement Act), copies of records may be temporarily located at alternative worksites, including employees' homes or at geographically convenient satellite offices for part of the workweek. All appropriate safeguards will be taken at these sites.

    Signed at Washington, DC, this 22 day of June, 2015. Thomas E. Perez, Secretary of Labor. DOL/VETS-5 SYSTEM NAME:

    Veterans' Data Exchange Initiative (VDEI)

    SYSTEM CLASSIFICATION:

    None.

    SYSTEM LOCATION:

    The VDEI servers are located at the ByteGrid Data Center, 12401 Prosperity Drive, Silver Spring, Maryland 20904.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Exiting Service Members (ESMs) participating in the United States Department of Defense (DOD) Pre-separation Counseling of the Transition Assistance Program (TAP) who complete documentation.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The records in the system are for ESMs who participated in this program. Records contain the following personally identifiable information (PII) data for ESMs:

    1. Branch

    2. Name

    3. Rank

    4. SSN

    5. Gender

    6. Race

    7. Basic Active Service Date

    8. Expiration Service Date

    9. Level of Education

    10. Guard/Reserve Status

    11. Date of Birth

    12. Military Occupational Specialty

    13. Type of Discharge

    14. EDIPI (DOD Electronic Data Interchange Person Identifier)

    15. Marital Status

    16. Home of Record State Code

    17. Home of Record Country Code

    18. Citizenship

    19. Email Address

    20. Mailing Address Street Address

    21. Mailing Address City

    22. Mailing Address State Code

    23. Mailing Address Zip Code

    24. Date Began the Department of Labor Employment Workshop (DOL EW) During TAP

    25. Date End DOL EW During TAP

    26. Location DOL EW During TAP

    27. Number of Dependents Under Eighteen

    28. Armed Services Vocational Aptitude Battery (ASVAB)/Armed Forces Qualification Test (AFQT) Score

    29. Medical Discharge

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    (1) DMDC 01, Defense Manpower Data Center Data Base, November 23, 2011, 76 FR 72391; 38 U.S.C. 4102, Job Counseling, Training, and Placement Service for Veterans; and (2) 10 U.S.C. 1142, Pre-separation Counselling; E.O. 9397.

    PURPOSE(S):

    To provide services to ESMs in areas of employment and training.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    In addition to the universal routine uses, VETS intends to be a conduit for other departments who need similar veteran data (upon approval from DOD).

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Files are stored electronically.

    RETRIEVABILITY:

    Files are retrieved by:

    1. Branch, Race, Level of Education, Length of Service, Military Occupational Specialty (MOS), Length of Service (Basic Active Service Date and Expiration Service Date), Marital Status, Gender, Medical Discharge, Number of Dependents Under 18 and Type of Discharge; or

    2. EDIPI, Rank, Mailing Address Street Address, Mailing Address City, Mailing Address State Code, Mailing Address Zip Code, Mailing Address, Home of Record State Code, Home of Record Country Code, Length of TAP (Date Begun DOL EW TAP and Date End DOL EW TAP), Location of the DOL EW during TAP, Citizenship, Guard/Reserve status, and ASVAB score/AFQT score.

    SAFEGUARDS:

    Accessed by authorized personnel only. Computer security safeguards are used for electronically stored data.

    RETENTION AND DISPOSAL:

    Records are retained indefinitely.

    SYSTEM MANAGER(S) AND ADDRESS:

    Director, Office of Agency Management and Budget United States Department of Labor Veterans' Employment and Training Service, 200 Constitution Ave. NW., Washington, DC 20210.

    NOTIFICATION PROCEDURE:

    Inquiries should be mailed to the System Manager.

    RECORD ACCESS PROCEDURE:

    A request for access should be mailed to the System Manager.

    CONTESTING RECORD PROCEDURES:

    A petition for amendment should be mailed to the System Manager.

    RECORD SOURCE CATEGORIES:

    Information contained within this system is obtained from the DOD/DMDC.

    SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    None.

    [FR Doc. 2015-16460 Filed 7-2-15; 8:45 am] BILLING CODE 4510-49-P
    NATIONAL COUNCIL ON DISABILITY Sunshine Act Meetings TIME AND DATES:

    The Members of the National Council on Disability (NCD) will hold a quarterly meeting on Thursday, July 23, 2015, 9:00 a.m.-4:30 p.m. (Eastern Daylight Time), and on Friday, July 24, 2015, 9:00 a.m.-12:30 p.m. (Eastern Daylight Time) in Washington, DC.

    PLACE:

    This meeting will occur in Washington, DC, at the Access Board Conference Room, 1331 F Street NW., Suite 800, Washington, DC 20004. Interested parties are welcome to join in person or by phone in a listening-only capacity (other than the period allotted for by-phone public comment on Friday, July 24) using the following call-in number: 888-523-1225; Conference ID: 7629517; Conference Title: NCD Meeting; Host Name: Jeff Rosen.

    MATTERS TO BE CONSIDERED:

    The Council will receive reports from its standing committees; release its annual Progress Report; review and vote on proposed policy projects for FY16 and FY17; discuss updates on the rights of parents with disabilities; host a discussion on emerging technologies; and receive public comment focused on future directions in technology policy.

    AGENDA:

    The times provided below are approximations for when each agenda item is anticipated to be discussed (all times Eastern):

    Thursday, July 23 9:00-10:15 a.m.—Call to Order, Standing Committee Reports 10:15-11:15 a.m.—Release of the NCD Progress Report and Discussion Panel 11:15 a.m.-12:00 p.m.—Remarks by Maria Town, Associate Director for Public Engagement, The White House (tentative) 12:00-12:30 p.m.—Impact of the ADA in American Communities 2025 12:30-1:30 p.m.—Lunch Break 1:30-2:00 p.m.—Discussion of Proposed Changes to Congressional Justification 2:00-3:00 p.m.—Council Presentations of Proposed FY16, FY17 Policy Projects 3:00-3:15 p.m.—Break 3:15-4:30 p.m.—Continuation of Presentations and Vote 4:30 p.m.—Adjournment Friday, July 24 9:00-10:15 a.m.—Civil Rights of Parents with Disabilities Discussion 10:15-11:45 a.m.—Accessibility in Emerging Technologies Discussion 11:45 a.m.-12:30 p.m.—Public Comment (Note: Comments received will be limited to those regarding future directions in technology policy.) 12:30 p.m.—Adjournment

    Public Comment: To better facilitate NCD's public comment, any individual interested in providing public comment is asked to register his or her intent to provide comment in advance by sending an email to [email protected] with the subject line “Public Comment” with your name, organization, state, and topic of comment included in the body of your email. Full-length written public comments may also be sent to that email address. All emails to register for public comment at the quarterly meeting must be received by Wednesday, July 22, 2015. Priority will be given to those individuals who are in-person to provide their comments. Those commenters on the phone will be called on according to the list of those registered via email. Due to time constraints, NCD asks all commenters to limit their comments to three minutes. Comments received at the July quarterly meeting will be limited to those regarding future directions in technology policy.

    Contact Person: Anne Sommers, NCD, 1331 F Street NW., Suite 850, Washington, DC 20004; 202-272-2004 (V), 202-272-2074 (TTY).

    Accommodations: A CART streamtext link has been arranged for this teleconference meeting. The web link to access CART on July 23, 2015 is http://www.streamtext.net/text.aspx?event=072315ncd900am; and on July 24, 2015 is http://www.streamtext.net/text.aspx?event=072415ncd900am.

    Those who plan to attend the meeting in-person and require accommodations should notify NCD as soon as possible to allow time to make arrangements. To help reduce exposure to fragrances for those with multiple chemical sensitivities, NCD requests that all those attending the meeting in person refrain from wearing scented personal care products such as perfumes, hairsprays, and deodorants.

    Dated: June 30, 2015. Rebecca Cokley, Executive Director.
    [FR Doc. 2015-16559 Filed 7-1-15; 11:15 am] BILLING CODE 8421-03-P
    NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Submission to OMB for Revision of a Currently Approved Information Collection, Credit Union Service Organizations; Comment Request AGENCY:

    National Credit Union Administration (NCUA).

    ACTION:

    Request for comment.

    SUMMARY:

    The NCUA intends to submit the following information collection to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public. NCUA amended its credit union service organization (CUSO) regulation to increase transparency and address certain safety and soundness concerns. The final rule extends certain requirements of the CUSO regulation to federally insured, state-chartered credit unions and imposes new requirements on federally insured credit unions (FICUs). Under the amended rule FICUs with an investment in, or loan to, a CUSO must obtain a written agreement with the CUSO addressing accounting, financial statements, audits, reporting, and legal opinions. The rule limits the ability of a “less than adequately capitalized” FICU to recapitalize an insolvent CUSO. All CUSOs are required to annually provide basic profile information to NCUA and the appropriate state supervisory authority (SSA). CUSOs engaging in certain complex or high-risk activities are also required to report more detailed information, including audited financial statements and customer information.

    DATES:

    Comments will be accepted until September 4, 2015.

    ADDRESSES:

    Interested parties are invited to submit written comments to the NCUA Contact and the OMB Reviewer listed below:

    NCUA Contact: Joy Lee, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861, Email: O[email protected]

    OMB Reviewer: Office of Management and Budget, ATTN: Desk Officer for the National Credit Union Administration, Office of Information and Regulatory Affairs, Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information, a copy of the information collection request, or a copy of submitted comments should be directed to:

    NCUA Contact: Joy Lee, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract and Request for Comments

    NCUA is revising the currently approved collection of information, OMB Control Number, 3133-0149, to reflect amendments to part 712 (part 712 or the rule). Part 712 of the National Credit Union Administration's (NCUA) regulations 1 implements authority in the Federal Credit Union Act 2 relating to federally insured credit union (FICU) lending or investment activity with a credit union service organization (CUSO). The rule addresses NCUA's safety and soundness concerns for activities conducted by CUSOs and imposes certain recordkeeping obligations on FICUs that have investment or lending relationships with, or conduct operations through, CUSOs. Certain reporting obligations are imposed on natural person credit union CUSOs and corporate credit union CUSOs as a result of the rule.

    1 12 CFR part 712.

    2 12 U.S.C. 1756, 1757(5)(D), 1757(7)(I), 1766, 1782, 1785, and 1786.

    Part 712 contains the following information collection (IC) requirements:

    (IC 1.) Obtain Written Agreement. Before making a loan to, or investment in, a CUSO, a FICU must obtain a written agreement from the CUSO (or revise any current agreement the FICU has with a CUSO) that the CUSO will: Follow generally accepted accounting principles (GAAP); prepare financial statements at least quarterly and obtain an annual opinion audit from a licensed certified public accountant; provide access to its books and records to NCUA and the appropriate SSA; and file financial and other reports directly with NCUA and the appropriate SSA;

    (IC 2.) Obtain Written Legal Opinion. A FICU must obtain a written legal opinion confirming the CUSO is established in a legally sufficient way to limit the credit union's exposure to loss of its loans to, or investments in, the CUSO;

    (IC 3.) Obtain Regulatory Approval. Any FICU that is or, as a result of recapitalizing an insolvent CUSO will become, less than adequately capitalized, must seek NCUA approval before recapitalizing an insolvent CUSO; and

    (IC 4.) CUSO Reporting. A CUSO with an investment or loan from a FICU must annually submit a report directly to NCUA and the appropriate SSA that contains financial and other information prescribed in the rule. All CUSOs are required to provide basic profile information to NCUA and the appropriate SSA. CUSOs engaging in certain complex or high-risk activities are also required to report more detailed information, including audited financial statements and customer information.

    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.

    NCUA requests that you send your comments on the information collection requirements for Credit Union Service Organizations, 12 CFR part 712, to the locations listed in the ADDRESSES section. Your comments should address: (a) the necessity of the information collection for the proper performance of NCUA, including whether the information will have practical utility; (b) the accuracy of our estimate of the burden (hours and cost) of the collection of information, including the validity of the methodology and assumptions used; (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 of the information on the respondents such as through the use of automated collection techniques or other forms of information technology. It is NCUA's policy to make all comments available to the public for review.

    II. Data

    Title: Credit Union Service Organizations, 12 CFR part 712.

    OMB Number: 3133-0149.

    Form Number: None.

    Type of Review: Revision to a currently approved collection.

    Description: NCUA amended part 712 to increase transparency and address safety and soundness concerns about activities conducted by CUSOs and imposes certain recordkeeping obligations on FICUs that have investment or lending relationships with, or conduct operations through, CUSOs.3 The final rule extends certain requirements of the CUSO regulation to federally insured, state-chartered credit unions and imposes new requirements on federally insured credit unions (FICUs). Under the amended rule a FICU with an investment in, or loan to, a CUSO must obtain a written agreement with the CUSO addressing accounting, financial statements, audits, reporting, and legal opinions. The rule limits the ability of a “less than adequately capitalized” FICU to recapitalize an insolvent CUSO. All CUSOs are required to annually provide basic profile information to NCUA and the appropriate SSA. CUSOs engaging in certain complex or high-risk activities are also required to report more detailed information, including audited financial statements and customer information. These reporting obligations are imposed on natural person credit union CUSOs and corporate credit union CUSOs as a result of the rule.

    3 78 FR 72537 (Dec. 3, 2013).

    Respondents: Federally insured credit unions and credit union service organizations.

    Estimated No. of Respondents: 4,116.

    Frequency of Response: One-time, on occasion, and annual.

    Estimated Burden Hours per Response: Varies based on type and frequency of response.

    Estimated Total Annual Burden Hours: 11,558.5 hours.

    Estimated Total Annual Cost: $76,177.2.

    By the National Credit Union Administration Board on June 30, 2015. Gerard Poliquin, Secretary of the Board.
    [FR Doc. 2015-16497 Filed 7-2-15; 8:45 am] BILLING CODE 7535-01-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-58 and CP2015-88; Order No. 2556] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of Parcel Return Service Contract 9 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 7, 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 Parcel Return Service Contract 9 to the competitive product list.1

    1 Request of the United States Postal Service to Add Parcel Return Service Contract 9 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, June 26, 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. MC2015-58 and CP2015-88 to consider the Request pertaining to the proposed Parcel Return Service Contract 9 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 7, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Curtis E. Kidd to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-58 and CP2015-88 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Curtis E. 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 7, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2015-16404 Filed 7-2-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2015-87; Order No. 2555] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an additional Global Expedited Package Services 3 (GEPS 3) negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: July 7, 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

    On June 26, 2015, the Postal Service filed notice that it has entered into an additional Global Expedited Package Services 3 (GEPS 3) negotiated service agreement (Agreement).1

    1 Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 3 Negotiated Service Agreement and Application for Non-Public Treatment of Materials Filed Under Seal, June 26, 2015 (Notice).

    To support its Notice, the Postal Service filed a copy of the Agreement, a copy of the Governors' Decision authorizing the product, 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 No. CP2015-87 for consideration of matters raised by the Notice.

    The Commission invites comments on whether the Postal Service's filing is consistent with 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 7, 2015. The public portions of the filing can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Lyudmila Y. Bzhilyanskaya to serve as Public Representative in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. CP2015-87 for consideration of the matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, Lyudmila Y. Bzhilyanskaya is appointed to serve as an officer of the Commission to represent the interests of the general public in this proceeding (Public Representative).

    3. Comments are due no later than July 7, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2015-16403 Filed 7-2-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL SERVICE Product Change—Parcel Return Service Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: July 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 26, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Parcel Return Service Contract 9 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2015-58, CP2015-88.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-16426 Filed 7-2-15; 8:45 am] BILLING CODE 7710-12-P
    POSTAL SERVICE Product Change—Priority Mail Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: July 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 26, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Priority Mail Contract 127 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2015-60, CP2015-90.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-16425 Filed 7-2-15; 8:45 am] BILLING CODE 7710-12-P
    POSTAL SERVICE Product Change—Parcel Return Service Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: July 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 26, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Parcel Return Service Contract 10 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2015-59, CP2015-89.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-16427 Filed 7-2-15; 8:45 am] BILLING CODE 7710-12-P
    RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD Privacy Act of 1974; System of Records AGENCY:

    Recovery Accountability and Transparency Board.

    ACTION:

    Notice of amendment to existing Privacy Act system of records.

    SUMMARY:

    The Recovery Accountability and Transparency Board (Board) is issuing public notice of its intent to amend a system of records that it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. Specifically, RATB-11 entitled “Oversight Support” is being amended to reflect one new routine use for information contained in the system and to make various technical corrections and/or clarifications.

    DATES:

    This action will be effective without further notice on August 5, 2015 unless comments are received that would result in a contrary determination.

    ADDRESSES:

    Comments may be submitted:

    By Mail or Hand Delivery: Atticus J. Reaser, Office of General Counsel, Recovery Accountability and Transparency Board, 1717 Pennsylvania Avenue NW., Suite 700, Washington, DC 20006;

    By Fax: (202) 254-7970; or

    By Email to the Board: [email protected]

    All comments on the proposed amended systems of records should be clearly identified as such.

    FOR FURTHER INFORMATION CONTACT:

    Atticus J. Reaser, General Counsel, Recovery Accountability and Transparency Board, 1717 Pennsylvania Avenue NW., Suite 700, Washington, DC 20006, (202) 254-7900.

    SUPPLEMENTARY INFORMATION:

    The Board is amending a system of records that it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. Specifically, RATB-11 entitled “Oversight Support” is being amended to reflect one new routine use for information contained in the system to enable the transfer of information to successor data custodians in advance of the Board's termination on September 30, 2015. The Board is also making technical corrections and/or clarifications in other sections, including the security classification, categories of individuals covered by the system, authority for maintenance of system, purpose(s), routine uses, safeguards, system manager, notification procedure, record access procedures, and contesting records procedures. Also for clarity, the Board is adding a separate section specifically addressing exemptions from certain provisions of the Privacy Act; however, the underlying exemptions are not new. In accordance with 5 U.S.C. 552a(r), the Board has provided a report of this amended system of records to the Office of Management and Budget and to Congress. The amended system of records reads as follows:

    RATB—11 SYSTEM NAME:

    Oversight Support

    SECURITY CLASSIFICATION:

    Controlled Unclassified Information.

    SYSTEM LOCATION:

    The principal location of the system is the Recovery Accountability and Transparency Board, 1717 Pennsylvania Avenue NW., Suite 700, Washington, DC 20006.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    This system contains records on individuals who relate to official Recovery Accountability and Transparency Board (Board) efforts undertaken in support of its oversight responsibilities reflected in the authorities listed in the Authority for Maintenance of the System section below. These individuals include:

    (a) Individuals who are or have been the subject of investigations or inquiries identified by or submitted to the Board;

    (b) Individuals who are or have been witnesses, complainants, or informants in investigations or inquiries identified by or submitted to the Board;

    (c) Individuals who are or have been potential subjects or parties to an investigation or inquiry identified by or submitted to the Board; and

    (d) Individuals who are or have been related to entities or individuals that are or have been a subject of, potential subject of, or party to an investigation or inquiry identified by or submitted to the Board.

    The system also contains records concerning individuals in their entrepreneurial capacity, corporations, and other business entities. These records are not subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Information relating to investigations and inquiries identified by or submitted to the Board, including:

    (a) Letters, memoranda, and other documents describing complaints, derogatory information, or alleged criminal, civil, or administrative misconduct; and

    (b) General intelligence and relevant data, leads for Inspectors General (or other applicable oversight and law enforcement entities), reports of investigations and related exhibits, statements and affidavits, and records obtained during an investigation or inquiry.

    AUTHORITY FOR MAINTENANCE OF SYSTEM:

    The American Recovery and Reinvestment Act of 2009, §§ 1521, 1523(a)(1), Pub. L. 111-5, 123 Stat. 115, 289-90 (2009) (Recovery Act), Education Jobs Fund, Pub. L. 111-226, § 101, 124 Stat. 2389 (2010), and Disaster Relief Appropriations Act, 2013, § 904(d), Pub. L. 113-2, 127 Stat. 4, 18 (2013), as well as in accordance with the Board's responsibility to develop and test technology resources and oversight mechanisms to detect and remediate fraud, waste, and abuse in federal spending (see, e.g., Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235, 128 Stat. 2130, 2369 (2014)).

    PURPOSE(S):

    The purpose of this system of records is to enable the Board to carry out its oversight responsibilities under applicable law, including but not necessarily limited to: coordinating with others and conducting oversight to detect and prevent fraud, waste, and abuse of Recovery Act and Education Jobs Fund funds; developing and using information technology resources and oversight mechanisms to detect and remediate waste, fraud and abuse in the obligation and expenditure of funds appropriated for purposes related to the impact of Hurricane Sandy; and developing and testing information technology resources and oversight mechanisms to enhance transparency of and detect and remediate waste, fraud, and abuse in all federal spending for use by the Board and other federal agencies and entities.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    In addition to those disclosures generally permitted under the Privacy Act (5 U.S.C. 552a(b)), the records or information contained in this system of records may specifically be disclosed outside the Board as a routine use pursuant to the Privacy Act (5 U.S.C. 552a(b)(3)) as follows:

    A. To the appropriate federal, state, local, or tribal agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, if the information is relevant to a violation or potential violation of civil or criminal law or regulation within the jurisdiction of the receiving entity.

    B. To any individual or entity when necessary to elicit information that will assist in a Board review or audit.

    C. To appropriate officials and employees of a federal agency or entity that require information relevant to a decision concerning the hiring, appointment, or retention of an individual; the issuance, renewal, suspension, or revocation of a security clearance; or the execution of a security or suitability investigation.

    D. To provide responses to queries from federal agencies and entities, including but not limited to regulatory and law enforcement agencies, regarding federal fund recipients, subrecipients, or vendors, or those seeking federal funds, when the information is relevant to a determination related to or arising out of a past, present or prospective (i) contract or (ii) grant or other benefit.

    E. To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.

    F. Information may be disclosed to the Department of Justice (DOJ), or in a proceeding before a court, adjudicative body, or other administrative body before which the Board is authorized to appear, when:

    1. The Board, or any component thereof; or

    2. Any employee of the Board in his or her official capacity; or

    3. Any employee of the Board in his or her individual capacity where the DOJ or the Board has agreed to represent the employee; or

    4. The United States, if the Board determines that litigation is likely to affect the Board or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the DOJ or the Board is deemed by the Board to be relevant and necessary to the litigation, provided, however, that in each case it has been determined that the disclosure is compatible with the purpose for which the records were collected.

    G. Information may be disclosed to the National Archives and Records Administration in records management inspections.

    H. Information may be disclosed to contractors, grantees, consultants, or volunteers performing or working on a contract, service, grant, cooperative agreement, job, or other activity for the Board and who have a need to access the information in the performance of their duties or activities for the Board.

    I. To appropriate federal agencies or entities that will act as successor legal and/or physical custodians of the information disclosed from the system.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Not applicable.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Information in this system is stored electronically on digital storage devices or as hard copy files. All record storage procedures are in accordance with current applicable regulations.

    RETRIEVABILITY:

    Records are retrievable by database management systems software designed to retrieve data elements based upon role-based user access privileges. Records may be retrieved by personal identifiers such as, but not limited to, name, social security number, date of birth, or telephone number. Records may also be retrieved by non-personal information such as file number, entity/institution name, subject matter, agency involved, or other information.

    SAFEGUARDS:

    The Board has minimized the risk of unauthorized access to the system by establishing a secure environment for exchanging electronic information. Physical access to the data system housed within the facility is controlled by Federal Information Processing Standards (FIPS) compliant access controlled systems. The entire complex is patrolled by security during non-business hours. The computer system offers a high degree of resistance to tampering and circumvention and limits data access to Board and contract staff on a need-to-know basis. Individuals' ability to access and alter records within the system is controlled. All users of the system of records are provided a unique user identification (ID) with personal identifiers. User IDs are consistent with the above referenced role-based access privileges to maintain proper security of law enforcement and any other sensitive information. In concert with access controls, audit trails are used to record user and system activity within the system and its associated applications.

    Paper records are maintained in file cabinets which may be locked or in specified areas to which only authorized personnel have access.

    RETENTION AND DISPOSAL:

    Board personnel will review records on a periodic basis to determine whether they should be retained or modified. Further, the Board will retain and dispose of these records in accordance with Board Records Control Schedules approved by the National Archives and Records Administration.

    SYSTEM MANAGER AND ADDRESS:

    Executive Director, Recovery Accountability and Transparency Board, 1717 Pennsylvania Avenue NW., Suite 700, Washington, DC 20006.

    NOTIFICATION PROCEDURE:

    Address inquiries to the System Manager listed above. Note that the major part of this system is exempt from this requirement pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). See “System Exempted from Certain Provisions of the Act” below.

    RECORD ACCESS PROCEDURES:

    The major part of this system is exempt from this requirement pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). See “System Exempted from Certain Provisions of the Act” below. To the extent that this system is not subject to exemption, it is subject to access. A determination as to exemption shall be made at the time a request for access is received. A request for access to records contained in this system shall be made in writing, with the envelope and the letter clearly marked “Privacy Access Request.” Include in the request the full name of the individual involved, his or her current address, date and place of birth, notarized signature (or submitted with date and signature under penalty of perjury), and any other identifying number or information which may be of assistance in locating the record. The requester shall also provide a return address for transmitting the information. Access requests shall be directed to the System Manager listed above.

    CONTESTING RECORDS PROCEDURES:

    Requesters shall direct their request to the System Manager listed above, stating clearly and concisely what information is being contested, the reason for contesting it, and the proposed amendment to the information. Note that the major part of this system is exempt from this requirement pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). See “System Exempted from Certain Provisions of the Act” below.

    RECORD SOURCE CATEGORIES:

    The subjects of investigations and inquiries; individuals and entities with which the subjects of investigations and inquiries are associated; federal, state, local, and foreign law enforcement and non-law enforcement agencies and entities; private citizens; witnesses; informants; and public and/or commercially available source materials.

    SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    The Board has exempted this system from the following provisions of the Privacy Act pursuant to the general authority in 5 U.S.C. 552a(j)(2): 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G)-(I), (e)(5), and (e)(8); (f); and (g). Additionally, the Board has exempted this system from the following provisions of the Privacy Act pursuant to the general authority in 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1) and (e)(4)(G)-(H); and (f).

    Dated: June 16, 2015. Kathleen S. Tighe, Chair, Recovery Accountability and Transparency Board.
    [FR Doc. 2015-16462 Filed 7-2-15; 8:45 am] BILLING CODE 6821-15-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: Form N-Q; OMB Control No. 3235-0578, SEC File No. 270-519.

    Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (“Paperwork Reduction Act”), 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 N-Q (17 CFR 249.332 and 274.130) is a reporting form used by registered management investment companies, other than small business investment companies registered on Form N-5 (“funds”), under Section 30(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) (“Investment Company Act”) and Sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Pursuant to Rule 30b1-5 under the Investment Company Act, funds are required to file quarterly reports with the Commission on Form N-Q not more than 60 days after the close of the first and third quarters of each fiscal year containing their complete portfolio holdings. Additionally, fund management is required to evaluate the effectiveness of the fund's disclosure controls and procedures within the 90-day period prior to the filing of a report on Form N-Q, and such report must also be signed and certified by the fund's principal executive and financial officers.

    We estimate that there are 11,348 funds required to file reports on Form N-Q. Based on staff experience and conversations with industry representatives, we estimate that it takes approximately 26 hours per fund to prepare reports on Form N-Q annually. Accordingly, we estimate that the total annual burden associated with Form N-Q is 295,048 hours (26 hours per fund × 11,348 funds) per year.

    The estimates of average burden hours are made solely for the purposes of the Paperwork Reduction Act and are not derived from a comprehensive or even representative survey or study of the cost of Commission rules and forms. The collection of information under Form N-Q is mandatory. The information provided by the form is not kept confidential. 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 control number.

    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.

    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 29, 2015. Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16408 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75326; File No. SR-BX-2015-037] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Extension of the Exchange's Penny Pilot Program and Replacement of Penny Pilot Issues That Have Been Delisted June 29, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 2 thereunder, notice is hereby given that on June 19, 2015, NASDAQ OMX BX, Inc. (“Exchange” or “BX”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I and II, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    BX is filing with the Commission a proposal to amend Chapter VI, Section 5 (Minimum Increments) to extend through June 30, 2016 or the date of permanent approval, if earlier, the Penny Pilot Program in options classes in certain issues (“Penny Pilot” or “Pilot”), and to change the date when delisted classes may be replaced in the Penny Pilot.3

    3 The Penny Pilot was established in June 2012 and extended in 2014. See Securities Exchange Act Release Nos. 67256 (June 26, 2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030) (order approving BX option rules and establishing Penny Pilot); and 73689 (November 25, 2014), 79 FR 71488 (December 2, 2014) (SR-BX-2014-057) (notice of filing and immediate effectiveness extending the Penny Pilot through June 30, 2015).

    The text of the amended Exchange rule is set forth immediately below.

    Proposed new language is in italics and proposed deleted language is [bracketed].

    NASDAQ OMX BX Rules Options Rules Chapter VI Trading Systems Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options contracts traded on BX Options. Such minimum increments established by the Board will be designated as a stated policy, practice, or interpretation with respect to the administration of this Section within the meaning of Section 19 of the Exchange Act and will be filed with the SEC as a rule change for effectiveness upon filing. Until such time as the Board makes a change in the increments, the following principles shall apply:

    (1)-(2) No Change.

    (3) For a pilot period scheduled to expire on June 30, [2015]2016 or the date of permanent approval, if earlier, if the options series is trading pursuant to the Penny Pilot program one (1) cent if the options series is trading at less than $3.00, five (5) cents if the options series is trading at $3.00 or higher, unless for QQQQs, SPY and IWM where the minimum quoting increment will be one cent for all series regardless of price. A list of such options shall be communicated to membership via an Options Trader Alert (“OTA”) posted on the Exchange's Web site.

    The Exchange may replace any pilot issues that have been delisted with the next most actively traded multiply listed options classes that are not yet included in the pilot, based on trading activity in the previous six months. The replacement issues may be added to the pilot on the second trading day following July 1, 2015 and January 1, [2015]2016.

    (4) No Change.

    (b) No Change.

    The text of the proposed rule change is also available on the Exchange's Web site at http://nasdaqomxbx.cchwallstreet.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The purpose of this filing is to amend Chapter VI, Section 5 to extend the Penny Pilot through June 30, 2016 or the date of permanent approval, if earlier, and to change the date when delisted classes may be replaced in the Penny Pilot. The Exchange believes that extending the Penny Pilot will allow for further analysis of the Penny Pilot and a determination of how the program should be structured in the future.

    Under the Penny Pilot, the minimum price variation for all participating options classes, except for the Nasdaq-100 Index Tracking Stock (“QQQQ”), the SPDR S&P 500 Exchange Traded Fund (“SPY”) and the iShares Russell 2000 Index Fund (“IWM”), is $0.01 for all quotations in options series that are quoted at less than $3 per contract and $0.05 for all quotations in options series that are quoted at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01 increments for all options series. The Penny Pilot is currently scheduled to expire on June 30, 2015.

    The Exchange proposes to extend the time period of the Penny Pilot through June 30, 2016 or the date of permanent approval, if earlier, and to provide a revised date for adding replacement issues to the Penny Pilot. The Exchange proposes that any Penny Pilot Program issues that have been delisted may be replaced on the second trading day following July 1, 2015 and January 1, 2016. The replacement issues will be selected based on trading activity in the previous six months.4

    4 The replacement issues will be announced to the Exchange's membership via an Options Trader Alert (OTA) posted on the Exchange's Web site. The Exchange proposes in its Penny Pilot rule that replacement issues will be selected based on trading activity in the previous six months. The replacement issues would be identified based on The Options Clearing Corporation's trading volume data. For example, for the July replacement, trading volume from December 1, 2014 through May 30, 2015 would be analyzed. The month immediately preceding the replacement issues' addition to the Pilot Program (i.e., June) would not be used for purposes of the six-month analysis.

    This filing does not propose any substantive changes to the Penny Pilot Program; all classes currently participating in the Penny Pilot will remain the same and all minimum increments will remain unchanged. The Exchange believes the benefits to public customers and other market participants who will be able to express their true prices to buy and sell options have been demonstrated to outweigh the potential increase in quote traffic.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,5 in general, and furthers the objectives of Section 6(b)(5) of the Act,6 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest.

    5 15 U.S.C. 78f(b).

    6 15 U.S.C. 78f(b)(5).

    In particular, the proposed rule change, which extends the Penny Pilot for an additional twelve months through June 30, 2016 or the date of permanent approval, if earlier, and changes the date for replacing Penny Pilot issues that were delisted to the second trading day following July 1, 2015 and January 1, 2016, will enable public customers and other market participants to express their true prices to buy and sell options for the benefit of all market participants. This is consistent with the Act.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, this proposal is pro-competitive because it allows Penny Pilot issues to continue trading on the Exchange. Moreover, the Exchange believes that the proposed rule change will allow for further analysis of the Pilot and a determination of how the Pilot should be structured in the future; and will serve to promote regulatory clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. The Pilot is an industry-wide initiative supported by all other option exchanges. The Exchange believes that extending the Pilot will allow for continued competition between market participants on the Exchange trading similar products as their counterparts on other exchanges, while at the same time allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 7 and Rule 19b-4(f)(6).8 Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) 9 of the Act and subparagraph (f)(6) of Rule 19b-4 thereunder.10

    7 15 U.S.C. 78s(b)(3)(A)(iii).

    8 17 CFR 240.19b-4(f)(6).

    9 15 U.S.C. 78s(b)(3)(A).

    10 17 CFR 240.19b-4(f)(6).

    A proposed rule change filed under Rule 19b-4(f)(6) 11 normally does not become operative prior to 30 days after the date of the filing.12 However, pursuant to Rule 19b-4(f)(6)(iii),13 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because doing so will allow the Pilot Program to continue without interruption in a manner that is consistent with the Commission's prior approval of the extension and expansion of the Pilot Program and will allow the Exchange and the Commission additional time to analyze the impact of the Pilot Program. Accordingly, the Commission designates the proposed rule change as operative upon filing with the Commission.14

    11 17 CFR 240.19b-4(f)(6).

    12 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this pre-filing requirement.

    13 17 CFR 240.19b-4(f)(6)(iii).

    14 For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) of the Act 15 to determine whether the proposed rule should be approved or disapproved.

    15 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected]. Please include File Number SR-BX-2015-037 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BX-2015-037. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549-1090 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BX-2015-037 and should be submitted on or before July 27, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16

    16 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16416 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75323; File No. SR-NYSEArca-2015-17] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving Proposed Rule Change Amending Rule 6.35 to Modify the Appointment Process Utilized by the Exchange June 29, 2015. I. Introduction

    On March 20, 2015, NYSE Arca, Inc. (the “Exchange” or “NYSE 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 modify the Market Maker appointment and withdrawal process used by the Exchange. The proposed rule change was published for comment in the Federal Register on April 8, 2015.3 On May 21, 2015, pursuant to section 19(b)(2) of the Act,4 the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change.5 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 74635 (April 2, 2015), 80 FR 18909 (“Notice”).

    4 15 U.S.C. 78s(b)(2).

    5See Securities Exchange Act Release No. 75032, 80 FR 30511 (May 28, 2015).

    II. Description of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.35 to modify the options Market Maker appointment and withdrawal process used by the Exchange. Under the proposal, once an option trading permit (“OTP”) holder has been approved as a Market Maker under Exchange Rule 6.33,6 the Market Maker would, subject to certain conditions, be permitted to register rather than apply for an appointment in one or more option classes, and would be permitted to select or withdraw option issues included in its appointment using an Exchange-approved electronic interface. The Exchange also proposes to include a Market Maker's available financial resources and operational capability as considerations in its periodic evaluation of Market Maker performance, which factors currently are considered when a Market Maker applies for an appointment.

    6See Rule 6.33 (“Registration of Market Makers”). See also Rule 6.32(a) (defining “Market Maker”). The Exchange is not proposing any changes to Rule 6.33.

    A. Background

    Currently, a registered Market Maker may seek an appointment in one or more option classes pursuant to Rule 6.35. Specifically, Rule 6.35(a) provides that “[o]n a form or forms prescribed by the Exchange, a Market Maker must apply for an appointment in one or more classes of option contracts.” 7 In addition to having the authority to appoint one Lead Market Maker (“LMM”) per option class,8 Rule 6.35(b) provides that “[t]he Exchange may appoint an unlimited number of Market Makers in each class unless the number of Market Makers appointed to a particular option class should be limited” based on the Exchange's judgment.9 Further, current Rule 6.35(c) provides that “Market Makers may select from among any option issues traded on the Exchange for inclusion in their appointment, subject to the approval of the Exchange.” 10 In considering the approval of the appointment of a Market Maker in each security, “the Exchange will consider the Market Maker's preference; the financial resources available to the Market Maker; the Market Maker's experience, expertise and past performance in making markets, including the Market Maker's performance in other securities; the Market Maker's operational capability; and the maintenance and enhancement of competition among Market Makers in each security in which they are appointed.” 11 Current Rule 6.35 also sets forth the number of OTPs that the Market Maker must have in order to have a specified number of option issues included in the Market Maker's appointment.12

    7See Notice, supra note 3, at 18909.

    8See Rule 6.82(a)(1) (defining “LMM”). Any OTP Holder or OTP Firm registered as a Market Maker with the Exchange is eligible to be qualified as an LMM. Id. The Exchange is not proposing to change Rule 6.82.

    9See Notice, supra note 3, at 18909.

    10See id.

    11See id.

    12See id. For example, 1 OTP affords a Market Maker up to 100 option issues included in their appointment, whereas 4 OTPS would enable a Market Maker to have all option issues traded on the Exchange included in their appointment. See id.

    Under current Rule 6.35, “Market Makers may change the option issues in their appointment, subject to the approval of the Exchange,” provided such requests are “made in a form and manner prescribed by the Exchange.”13 In addition, “Market Makers may withdraw from trading an option issue that is within their appointment by providing the Exchange with three business days' written notice of such withdrawal.” 14 If a Market Maker fails to provide the required notice, the Market Maker “may be subject to formal disciplinary action pursuant to Rule 10.” 15 Moreover, the Exchange “may suspend or terminate any appointment of a Market Maker in one or more option issues under this Rule whenever, in the Exchanges' judgment, the interests of a fair and orderly market are best served by such action.” 16 A Market Maker may seek review of any action taken by the Exchange.17

    13See id. In considering the change request, the Exchange will consider the factors set forth in Rule 6.35(c). See id. at 18909, n.11.

    14See Notice, supra note 3, at 18909.

    15See Notice, supra note 3, at 18909-10.

    16See id. at 18910.

    17See id. Per Rule 6.35(i), Market Makers are also subject to a trading requirement, such that “[a]t least 75% of the trading activity of a Market Maker (measured in terms of contract volume per quarter) must be in classes within the Market Maker's appointment. A failure to comply with the 75% contract volume requirement may result in a fine pursuant to Rule 10.12; however, if aggravating circumstances are present, formal disciplinary action may be taken pursuant to Rule 10.4.” The Exchange is not proposing any changes to Rule 6.35(i).

    The Exchange periodically evaluates whether Market Makers have fulfilled performance standards, relating to, among other things, quality of markets, competition of Market Makers, observance of ethical standards and administrative factors.18 If the Exchange finds that a Market Maker has not met the performance standards, the Exchange may take action, including suspending, terminating or restricting a Market Maker's appointment or registration, after providing the Market Maker an opportunity to be heard.19

    18See Notice, supra note 3, at 18911, n.34.

    19See Notice, supra note 3, at 18910, n.17 (describing current Rule 6.35(j)). If a Market Maker's appointment in an option issue or issues has been terminated pursuant to Rule 6.35(j), the Market Maker may not be re-appointed as a Market Maker in that option issue or issues for a period not to exceed 6 months. See id. at 18910, n.17.

    B. Proposed Modifications

    The Exchange proposes to modify the current appointment and withdrawal process. Specifically, the Exchange proposes to modify Rule 6.35 to provide that, rather than apply for an appointment, “a Market Maker may register for an appointment in one or more classes of option contracts,” in a form and manner prescribed the Exchange.20 The Exchange would continue to have authority to appoint one LMM per option class.21 Similarly, an unlimited number of Market Makers could continue to be appointed to an options class, unless the Exchange restricts such appointments following Commission review and approval.22 The Exchange would retain the ability to suspend or terminate any appointment of a Market Maker if necessary to maintain a fair and orderly market.23

    20See proposed Rule 6.35(a). As discussed above, a Market Maker must have the designated number of OTPs set forth in Rule 6.35(d) in order to have a trading appointment on the Exchange. See proposed Rule 6.35(d).

    21See proposed Rule 6.35(b).

    22 The Exchange is proposing a conforming change to the text in Rule 6.35(b) to reflect the proposed changes in Rule 6.35(a), to provide that “[a]n unlimited number of Market Makers may register in each class,” subject to any limits imposed by the Exchange. See proposed Rule 6.35(b).

    23See Rule 6.35(g).

    In addition, the Exchange proposes to modify Rule 6.35(c) to provide that “[a] Market Maker may select or withdraw option issues included in their appointment by submitting a request via an Exchange-approved electronic interface with the Exchange on a day when the Exchange is open for business.” 24 The modified rule would provide that a Market Maker's requested appointment would become effective by no later than the following business day, whereas a Market Maker's request to withdraw option issues from its appointment would not become effective until the following business day.25 Thus, a Market Maker could be appointed to an option issue on the same day it submits a request to the Exchange, depending on the availability of Exchange resources to process the request that day, but such request, if properly made and received, would be effective no later than the following business day. A Market Maker, however, would not be able to withdraw an option issue from its appointment on the same day that it submits the request; instead, the Exchange would only process such requests on an overnight basis for effectiveness on the following business day. Also, before any changes to a Market Maker's appointment would become effective, the Exchange would be required to confirm that the Market Maker's appointment would not exceed that permitted under paragraph (d) of the rule, pertaining to the number of OTPs a Market Maker would be required to have,26 and also confirm receipt of the Market Maker's request.27 According to the Exchange, the confirmation requirement, applicable to requests for additions, changes, and withdrawals, is designed to ensure that the request was properly made and also successfully transmitted to the Exchange.28 Market Makers would be able to select issues in their appointment or make changes thereto pursuant to proposed Rule 6.35(c) by submitting an email to the Exchange, which is currently “the Exchange-approved electronic interface.” 29

    24See proposed Rule 6.35(c).

    25Id.

    26Id.

    27See id.

    28See Notice, supra note 3, at 18910.

    29 The Exchange will announce by Trader Update the email address that Market Makers should utilize to make selections in, or changes to, their appointment pursuant to this Rule. See Notice, supra note 3, at 18910, n.24.

    As noted above, paragraph (d) of current Rule 6.35 sets forth the number of OTPs a Market Maker must have in order to have a specified number of option issues included in the Market Maker's appointment. The Exchange recently amended its fee schedule to include this information on its Fee Schedule and therefore is proposing to delete the detailed information set forth in Rule 6.35(d) and instead state that “[a] Market Maker must have the number of OTPs required under the Fee Schedule for its appointment as a Market Maker in option issues.” 30

    30See proposed Rule 6.35(d).

    Proposed Rule 6.35(h) would provide that a Market Maker may seek review of any action taken by the Exchange under Rule 6.35.31

    31See Notice, supra note 3, at 18911.

    Pursuant to current Rule 6.35(j), the Exchange conducts periodic evaluations of Market Makers to determine whether they have fulfilled performance standards. The Exchange proposes to modify Rule 6.35(j)(1) to specify two additional factors it may consider in evaluating whether a Market Maker has fulfilled performance standards pursuant to Rule 6.35(j): (1) The financial resources available to the Market Maker and (2) the Market Maker's operational capability.32 These factors are currently among the factors the Exchange considers when determining whether to approve a Market Maker's appointment.33 In connection with the other proposed changes to the Market Maker appointment process, the Exchange proposes that these factors instead be considered as part of the Exchange's periodic evaluation of a Market Maker.

    32See proposed Rule 6.35(j).

    33See Notice, supra note 3, at 18911.

    Further, the Exchange proposes to modify Rule 6.35(j)(2) to reflect the proposed changes to the Market Maker appointment process. Specifically, the Exchange proposes to change the reference to a Market Maker being “re-appointed” by the Exchange if an option issue or issues has been terminated pursuant to this subsection (j), and to instead provide that “the Exchange may restrict the Market Maker's registration as a Market Maker in that option issue or issues for a period not to exceed 6 months.” 34 The Exchange would retain the discretion to suspend that Market Maker's appointment in the affected option issue(s) for a full six months, or to allow that Market Maker to resume that appointment earlier than the prescribed six-month period, based on the Exchange's evaluation of the facts and circumstances.35

    34See proposed Rule 6.35(j)(2) (“If a Market Maker's appointment in an option issue or issues has been terminated pursuant to this subsection (j), the Exchange may restrict the Market Maker's registration as a Market Maker in that option issue or issues for a period not to exceed 6 months.”).

    35See Notice, supra note 3, at 18911.

    Finally, the Exchange proposes certain clarifying technical changes to Rule 6.35 as well as certain conforming changes so that there is consistency throughout the rule text.

    III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act 36 and the rules and regulations thereunder applicable to a national securities exchange.37 In particular, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act,38 which requires, among other things, that the Exchange's rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.

    36 15 U.S.C. 78f.

    37 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    38 15 U.S.C. 78f(b)(5).

    The Commission believes that the proposal to permit an OTP holder approved as a registered Market Maker pursuant to Exchange Rule 6.33 to register for and withdraw from options appointments, subject to the proposed conditions and in accordance with the other provisions of Rule 6.35, is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange states that the proposed changes regarding how Market Makers select and modify their appointments would provide Market Makers with more efficient access to the securities in which they want to make markets, enabling them to quickly begin disseminating competitive quotations in those securities which would provide additional liquidity and enhanced competition in those securities on the Exchange.39 The Exchange notes that the proposed rule change would enable Market Makers to manage their appointments with more flexibility and in a timelier manner, but that Market Makers still will be required to comply with certain obligations to maintain their status as a Market Maker, including that they provide continuous, two-sided quotations in their appointed securities.40 The Exchange also believes that preventing Market Makers from being able to withdraw an option issue from its appointment on the same day that it submits the request (as such requests, if properly made and received, are processed on an overnight basis for effectiveness the following business day) will serve to promote just and equitable principles of trade and benefit investors and the public interest.41 Further, before any changes to a Market Maker's appointment become effective, the Exchange will be required to confirm that the Market Maker's appointment will not exceed the number of OTPs a Market Maker is required to have and also will be required to confirm receipt of the Market Maker's request.42

    39See Notice, supra note 3, at 18910. In addition, the Exchange notes that other options exchanges permit market makers to select their appointments in a similar manner via exchange-approved electronic interfaces. See Notice, supra note 3, at 18911, n.28 (citing BATS Exchange, Inc. Rule 22.3(b) (“An Options Market Maker may become registered in a series by entering a registration request via an Exchange approved electronic interface with the Exchange's systems by 9:00 a.m. Eastern time. Registration shall become effective on the day the registration request is entered”); and NASDAQ Options Market, Chapter VII, Section 3(b) (“An Options Market Maker may become registered in an option by entering a registration request via a Nasdaq approved electronic interface with Nasdaq's systems. Registration shall become effective on the day the registration request is entered.”).

    40See Notice, supra note 3, at 18910.

    41See id. at 18912.

    42See text accompanying notes 26-27 supra.

    The Commission notes that the Exchange has proposed to add a Market Maker's available financial resources and operational capability as factors the Exchange may consider during its periodic evaluation of a Market Maker's performance, stating that these factors are important considerations in evaluating a Market Maker's performance, and that continued consideration of these factors would remove impediments to and perfect the mechanism of a free and open market and would benefit investors and the public interest.43 The Commission further notes that the Exchange will continue to have authority to suspend or terminate any appointment of a Market Maker in one or more options issues whenever, in the Exchange's judgment, the interests of a fair and orderly market are best served by such action.44 The Exchange will also retain the ability to restrict a Market Maker's registration in option issues for up to six months if a Market Maker's appointment in that option issue or issues has been terminated under the rule, and Rule 6.35 will continue to give the Exchange discretion to allow the Market Maker to resume that appointment earlier than the prescribed six-month period or to maintain the suspension for the entire period. Finally, the Exchange is not proposing changes to the disciplinary and appeals process for Market Makers that do not meet minimum performance standards.45

    43See Notice, supra note 3, at 18912.

    44See Rule 6.35(g). See also Notice, supra note 3, at 18912, n.40 and Rule 6.33 (regarding the Exchange's ability to suspend or terminate a Market Maker's registration based on “a determination of any substantial or continued failure by such Market Maker to engage in dealings in accordance with Rules 6.37, 6.37A or 6.37B,” which outline the obligations of Market Makers).

    45See Notice, supra note 3, at 18912.

    Based on the foregoing, the Commission finds the proposed rule change is consistent with the Act.

    IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the Act,46 that the proposed rule change (SR-NYSEArca-2015-17) be, and hereby is, approved.

    46 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.47

    47 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16413 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75322; File No. SR-NYSEMKT-2015-17] Self-Regulatory Organizations; NYSE MKT LLC; Order Approving Proposed Rule Change Amending Rule 923NY to Modify the Appointment Process Utilized by the Exchange June 29, 2015. I. Introduction

    On March 20, 2015, NYSE MKT LLC (the “Exchange” or “NYSE MKT”) 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 modify the Market Maker appointment and withdrawal process used by the Exchange. The proposed rule change was published for comment in the Federal Register on April 8, 2015.3 On May 21, 2015, pursuant to Section 19(b)(2) of the Act,4 the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change.5 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 74636 (April 2, 2015), 80 FR 18884 (“Notice”).

    4 15 U.S.C. 78s(b)(2).

    5See Securities Exchange Act Release No. 75033, 80 FR 30519 (May 28, 2015).

    II. Description of the Proposed Rule Change

    The Exchange proposes to amend Rule 923NY to modify the options Market Maker appointment and withdrawal process used by the Exchange. Under the proposal, once an Amex trading permit (“ATP”) holder has been approved as a Market Maker under Exchange Rule 9.21NY,6 the Market Maker would, subject to certain conditions, be permitted to register rather than apply for an appointment in one or more option classes, and would be permitted to select or withdraw option issues included in its appointment using an Exchange-approved electronic interface. The Exchange also proposes to include a Market Maker's available financial resources and operational capability as considerations in its periodic evaluation of Market Maker performance, which factors currently are considered when a Market Maker applies for an appointment.

    6See Rule 921NY (“Registration of Market Makers”). See also Rule 920NY(a) (defining “Market Maker”). The Exchange is not proposing any changes to Rule 921NY.

    A. Background

    Currently, a registered Market Maker may seek an appointment in one or more option classes pursuant to Rule 923NY. Specifically, Rule 923NY provides that “[o]n a form or forms prescribed by the Exchange, a Market Maker must apply for an appointment in one or more classes of option contracts.” 7 In addition to having the authority to appoint one Specialist per option class and to designate e-Specialists to fulfill certain obligations required of Specialists,8 Rule 923NY(b) provides that “[t]he Exchange may appoint an unlimited number of Market Makers in each class unless the number of Market Makers appointed to a particular option class should be limited” based on the Exchange's judgment.9 Further, current Rule 923NY(c) provides that “Market Makers may select from among any option issues traded on the Exchange for inclusion in their appointment, subject to the approval of the Exchange.” 10 In considering the approval of the appointment of a Market Maker in each security, “the Exchange will consider the Market Maker's preference; the financial resources available to the Market Maker; the Market Maker's experience, expertise and past performance in making markets, including the Market Maker's performance in other securities; the Market Maker's operational capability; and the maintenance and enhancement of competition among Market Makers in each security in which they are appointed.” 11 Current Rule 923NY also states that, in order to have a trading appointment on the Exchange, Market Makers must have the number of ATPs required under the Amex Options Fee Schedule.12 In addition, Floor Market Makers 13 must also apply for appointment to a Trading Zone 14 on the floor, subject to approval by the Exchange.15

    7See Notice, supra note 3, at 18885.

    8See Rule 900.2 NY(76) (defining “Specialist”). Any ATP Holder registered as a Market Maker with the Exchange is eligible to be qualified as a Specialist. See id. Rule 923NY(b) also provides that “[t]he Exchange may designate e-Specialists in an option class in accordance with Rule 927.4NY[e-Specialists].” See Rule 923NY(b). The Exchange is not proposing to change Rule 923NY(b) regarding Specialists and e-Specialists.

    9See Notice, supra note 3, at 18885.

    10See id.

    11See Notice, supra note 3, at 18885.

    12See Notice, supra note 3, at 18885. See also NYSE Amex Options Fee Schedule (Section III.A., Monthly ATP Fees) (describing “Number Of Issues Permitted In A Market Makers Quoting Assignment” based on the number of permits held and the associated costs), available here, https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf.

    13See Rule 900.2NY(29) (defining “Floor Market Maker”).

    14 A Trading Zone refers to the areas on the Floor designated by the Exchange in which issues are assigned for the purposes of open outcry trading. See Rule 900.2NY(83).

    15See Notice, supra note 3, at 18885. The current rule also provides that Specialists shall be appointed to the Trading Zone designated for their issues. See id. at 18885, n.13.

    Under current Rule 923NY, “Market Makers may change the option issues in their appointment, subject to the approval of the Exchange,” provided such requests are “made in a form and manner prescribed by the Exchange.” 16 In addition, “Market Makers may withdraw from trading an option issue that is within their appointment by providing the Exchange with three business days' written notice of such withdrawal.” 17 If a Market Maker fails to provide the required notice, the Market Maker “may be subject to formal disciplinary action pursuant to Section 9A of the Office Rules.” 18 Moreover, the Exchange “may suspend or terminate any appointment of a Market Maker in one or more option issues under this Rule whenever, in the Exchanges' judgment, the interests of a fair and orderly market are best served by such action.” 19 A Market Maker may seek review of any action taken by the Exchange.20

    16See Notice, supra note 3, at 18885. In considering the change request, the Exchange will consider the factors set forth in Rule 923NY(c). See id.

    17See Notice, supra note 3, at 18885.

    18See id.

    19See id.

    20See id. Per Rule 923NY(i), Market Makers are also subject to a trading requirement, such that “[a]t least 75% of the trading activity of a Market Maker (measured in terms of contract volume per quarter) must be in classes within the Market Maker's appointment and, in the case of Floor Market Makers, within their designated Trading Zone. A failure to comply with the 75% contract volume requirement may result in a fine pursuant to Rule 476A, however if aggravating circumstances are present, formal disciplinary action may be taken pursuant to Rule 9A.” The Exchange is not proposing any changes to Rule 923NY(i).

    The Exchange periodically evaluates whether Market Makers have fulfilled performance standards, relating to, among other things, quality of markets, competition of Market Makers, observance of ethical standards and administrative factors.21 If the Exchange finds that a Market Maker has not met the performance standards, the Exchange may take action, including suspending, terminating or restricting a Market Maker's appointment or registration, after providing the Market Maker an opportunity to be heard.22

    21See Rule 923NY(j).

    22See Notice, supra note 3, at 18886, n.20 (describing current Rule 923NY(j)(2)) (“If a Market Maker's appointment in an option issue or issues has been terminated pursuant to Rule 923NY(j)), the Market Maker may not be re-appointed as a Market Maker in that option issue or issues for a period not to exceed 6 months.”).

    B. Proposed Modifications

    The Exchange proposes to modify the current appointment and withdrawal process. Specifically, the Exchange proposes to modify Rule 923NY(a) to provide that, rather than apply for an appointment, “a Market Maker may register for an appointment in one or more classes of option contracts,” in a form and manner prescribed the Exchange.23 The Exchange would continue to have authority to appoint one Specialist per option class and to designate e-Specialists in option classes to fulfill certain obligations required of Specialists.24 Similarly, an unlimited number of Market Makers could continue to be appointed to an options class, unless the Exchange restricts such appointments following Commission review and approval.25 The Exchange would retain the ability to suspend or terminate any appointment of a Market Maker if necessary to maintain a fair and orderly market.26

    23See proposed Rule 923NY(a). As discussed above, a Market Maker must have the designated number of ATPs set forth in the Amex Options Fee Schedule in order to have a trading appointment on the Exchange. See proposed Rule 923NY(d).

    24See proposed Rule 923NY(b).

    25 The Exchange is proposing a conforming change to the text in Rule 923NY(b) to reflect the proposed changes in Rule 923NY(a), to provide that “[a]n unlimited number of Market Makers may register in each class,” subject to any limits imposed by the Exchange. See proposed Rule 923NY(b).

    26See Rule 923NY(g).

    In addition, the Exchange proposes to modify Rule 923NY(c) to provide that “[a] Market Maker may select or withdraw option issues included in their appointment by submitting a request via an Exchange-approved electronic interface with the Exchange on a day when the Exchange is open for business.” 27 The modified rule would provide that a Market Maker's requested appointment would become effective by no later than the following business day, whereas a Market Maker's request to withdraw option issues from its appointment would not become effective until the following business day.28 Thus, a Market Maker could be appointed to an option issue on the same day it submits a request to the Exchange, depending on the availability of Exchange resources to process the request that day, but such request, if properly made and received, would be effective no later than the following business day. A Market Maker, however, would not be able to withdraw an option issue from its appointment on the same day that it submits the request; instead, the Exchange would only process such requests on an overnight basis for effectiveness on the following business day. Also, before any changes to a Market Maker's appointment would become effective, the Exchange would be required to confirm that the Market Maker's appointment would not exceed that permitted under paragraph (d) of the rule, pertaining to the number of ATPs a Market Maker would be required to have,29 and also confirm receipt of the Market Maker's request.30 According to the Exchange, the confirmation requirement, applicable to requests for additions, changes, and withdrawals, is designed to ensure that the request was properly made and also successfully transmitted to the Exchange.31 Market Makers would be able to select issues in their appointment or make changes thereto pursuant to proposed Rule 923NY(c) by submitting an email to the Exchange, which is currently “the Exchange-approved electronic interface.” 32

    27See proposed Rule 923NY(c).

    28Id.

    29Id. The Exchange proposed certain clarifying and conforming changes to Rule 923NY(d) to make it consistent with other changes discussed herein. See Notice, supra note 3, at 18886-87.

    30See proposed Rule 923NY(c).

    31See Notice, supra note 3, at 18886.

    32 The Exchange will announce by Trader Update the email address that Market Makers should utilize to make selections in, or changes to, their appointment pursuant to this Rule. See Notice, supra note 3, at 18886, n.27.

    Proposed Rule 923NY(h) would provide that a Market Maker may seek review of any action taken by the Exchange under Rule 923NY.33

    33See Rule 923NY(h). See also Notice, supra note 3, at 18887.

    Pursuant to current Rule 923NY(j), the Exchange conducts periodic evaluations of Market Makers to determine whether they have fulfilled performance standards. The Exchange proposes to modify Rule 923NY(j) to specify two additional factors it may consider in evaluating whether a Market Maker has fulfilled performance standards pursuant to Rule 923NY(j): (1) The financial resources available to the Market Maker and (2) the Market Maker's operational capability.34 These factors are currently among the factors the Exchange considers when determining whether to approve a Market Maker's appointment.35 In connection with the other proposed changes to the Market Maker appointment process, the Exchange proposes that these factors instead be considered as part of the Exchange's periodic evaluation of a Market Maker.

    34See proposed Rule 923NY(j).

    35See Notice, supra note 3, at 18887.

    Further, the Exchange proposes to modify Rule 923NY(j)(2) to reflect the proposed changes to the Market Maker appointment process. Specifically, the Exchange proposes to change the reference to a Market Maker being “re-appointed” by the Exchange if an option issue or issues has been terminated pursuant to this subsection (j), and to instead provide that “the Exchange may restrict the Market Maker's registration as a Market Maker in that option issue or issues for a period not to exceed 6 months.” 36 The Exchange would retain the discretion to suspend that Market Maker's appointment in the affected option issue(s) for a full six months, or to allow that Market Maker to resume that appointment earlier than the prescribed six-month period, based on the Exchange's evaluation of the facts and circumstances.37

    36See proposed Rule 923NY(j)(2) (“If a Market Maker's appointment in an option issue or issues has been terminated pursuant to this subsection (j), the Exchange may restrict the Market Maker's registration as a Market Maker in that option issue or issues for a period not to exceed 6 months.”). See also Notice, supra note 3, at 18887.

    37See Notice, supra note 3, at 18887.

    Finally, the Exchange proposes certain clarifying technical changes to Rule 923NY as well as certain conforming changes so that there is consistency throughout the rule text.

    III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act 38 and the rules and regulations thereunder applicable to a national securities exchange.39 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act,40 which requires, among other things, that the Exchange's rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.

    38 15 U.S.C. 78f.

    39 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    40 15 U.S.C. 78f(b)(5).

    The Commission believes that the proposal to permit an ATP holder approved as a registered Market Maker pursuant to Exchange Rule 921NY to register for and withdraw from options appointments, subject to the proposed conditions and in accordance with the other provisions of Rule 923NY, is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange states that the proposed changes regarding how Market Makers select and modify their appointments would provide Market Makers with more efficient access to the securities in which they want to make markets, enabling them to quickly begin disseminating competitive quotations in those securities which would provide additional liquidity and enhanced competition in those securities on the Exchange.41 The Exchange notes that the proposed rule change would enable Market Makers to manage their appointments with more flexibility and in a timelier manner, but that Market Makers still will be required to comply with certain obligations to maintain their status as a Market Maker, including that they provide continuous, two-sided quotations in their appointed securities.42 The Exchange also believes that preventing Market Makers from being able to withdraw an option issue from its appointment on the same day that it submits the request (as such requests, if properly made and received, are processed on an overnight basis for effectiveness the following business day) will serve to promote just and equitable principles of trade and benefit investors and the public interest.43 Further, before any changes to a Market Maker's appointment become effective, the Exchange will be required to confirm that the Market Maker's appointment will not exceed the number of ATPs a Market Maker is required to have and will also be required to confirm receipt of the Market Maker's request.44

    41See Notice, supra note 3, at 18887. In addition, the Exchange notes that other options exchanges permit market makers to select their appointments in a similar manner via exchange-approved electronic interfaces. See Notice, supra note 3, at 18886, n.31(citing, BATS Exchange, Inc. Rule 22.3(b) (“An Options Market Maker may become registered in a series by entering a registration request via an Exchange approved electronic interface with the Exchange's systems by 9:00 a.m. Eastern time. Registration shall become effective on the day the registration request is entered”); and NASDAQ Options Market Chapter VII, Section 3(b) (“An Options Market Maker may become registered in an option by entering a registration request via a Nasdaq approved electronic interface with Nasdaq's systems. Registration shall become effective on the day the registration request is entered.”).

    42See Notice, supra note 3, at 18888.

    43See Notice, supra note 3, at 18887.

    44See text accompany notes 29-30 supra.

    The Commission notes that the Exchange has proposed to add a Market Maker's available financial resources and operational capability as factors the Exchange may consider during its periodic evaluation of a Market Maker's performance, stating that these factors are important considerations in evaluating a Market Maker's performance, and that continued consideration of these factors would remove impediments to and perfect the mechanism of a free and open market and would benefit investors and the public interest.45 The Commission further notes that the Exchange will continue to have authority to suspend or terminate any appointment of a Market Maker in one or more option issues whenever, in the Exchange's judgment, the interests of a fair and orderly market are best served by such action.46 The Exchange will also retain the ability to restrict a Market Maker's registration in option issues for up to six months if a Market Maker's appointment in that option issue or issues has been terminated under the rule, and Rule 923NY will continue to give the Exchange discretion to allow the Market Maker to resume that appointment earlier than the prescribed six-month period or to maintain the suspension for the entire period. Finally, the Exchange is not proposing changes to the disciplinary and appeals process for Market Makers that do not meet minimum performance standards.47

    45See Notice, supra note 3, at 18887.

    46See Rule 923NY(g). See also Notice, supra 3, at 18888, n.43 and Rule 921NY (regarding the Exchange's ability to suspend or terminate a Market Maker's registration based on “a determination of any substantial or continued failure by such Market Maker to engage in dealings in accordance with Rules 925NY or 923NY,” which outline the obligations of Market Makers).

    47See Notice, supra note 3, at 18887.

    Based on the foregoing, the Commission finds the proposed rule change is consistent with the Act.

    IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,48 that the proposed rule change (SR-NYSEMKT-2015-17) be, and hereby is, approved.

    48 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.49

    49 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16412 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75320; File No. SR-ICEEU-2015-009] Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Relating to Finance Procedures To Add Clearstream Banking as a Triparty Collateral Service Provider June 29, 2015.

    On May 5, 2015, ICE Clear Europe Limited (“ICEEU”) 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 modify the Finance Procedures to allow Clearstream Banking to serve as a triparty collateral service provider for initial or original margin provided in respect of all product categories, including CDS Contracts. The proposed rule change was published for comment in the Federal Register on May 15, 2015.3 To date, the Commission has not received comments on the proposal.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 Securities Exchange Act Release No. 34-74922 (May 11, 2015), 80 FR 28035 (May 15, 2015) (File No. SR-ICEEU-2015-009).

    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 disapproved. The 45th day from the publication of notice of filing of this proposed rule change is June 29, 2015. The Commission is extending this 45-day time period. In order to provide the Commission with sufficient time to consider the proposed rule change, the Commission finds it is appropriate to designate a longer period within which to take action on the proposed rule change.

    4 15 U.S.C. 78s(b)(2).

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,5 designates August 13, 2015, as the date by which the Commission should either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-ICEEU-2015-009).

    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. 2015-16410 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. IC-31698] Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940 June 26, 2015.

    The following is a notice of applications for deregistration under section 8(f) of the Investment Company Act of 1940 for the month of June 2015. A copy of each application may be obtained via the Commission's Web site by searching for the file number, or for an applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling (202) 551-8090. An order granting each application will be issued unless the SEC orders a hearing. Interested persons may request a hearing on any application by writing to the SEC's Secretary at the address below and serving the relevant applicant with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on July 21, 2015, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to Rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.

    ADDRESSES:

    The Commission: Brent J. Fields, Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    FOR FURTHER INFORMATION CONTACT:

    Diane L. Titus at (202) 551-6810, SEC, Division of Investment Management, Chief Counsel's Office, 100 F Street NE., Washington, DC 20549-8010.

    First Trust Floating Rate High Income Fund [File No. 811-22510]

    Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind.

    Filing Date: The application was filed on June 17, 2015.

    Applicant's Address: 120 East Liberty Drive, Suite 400, Wheaton, IL 60187.

    BlackRock Pennsylvania Strategic Municipal Trust [File No. 811-9417]

    Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant transferred its assets to BlackRock MuniYield Pennsylvania Quality Fund, and effective April 13, 2015, made distributions to its shareholders based on net asset value. Expenses of approximately $297,589 incurred in connection with the reorganization were paid by applicant.

    Filing Date: The application was filed on June 11, 2015.

    Applicant's Address: 100 Bellevue Parkway, Wilmington, DE 19809.

    Campbell Multi-Strategy Trust [File No. 811-21803]

    Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On June 23, 2015, applicant made a final liquidating distribution to its shareholders, based on net asset value. Applicant has retained approximately $2,416,000 in cash and cash equivalent reserves to cover potential outstanding liabilities in the amount of $2,416,421. Any reserves not required to pay such liabilities will be distributed to shareholders. Expenses of approximately $76,289 incurred in connection with the liquidation were paid by shareholders.

    Filing Date: The application was filed on June 24, 2015.

    Applicant's Address: 2850 Quarry Lake Dr., Baltimore, MD 21209.

    For the Commission, by the Division of Investment Management, pursuant to delegated authority.

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16409 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75321; File No. SR-CBOE-2015-059] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend the Fees Schedule June 29, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on June 15, 2015, Chicago Board Options Exchange, Incorporated (the “Exchange” or “CBOE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend its Fees Schedule. Specifically, the Exchange proposes to amend fees for Qualified Contingent Cross (“QCC”) transactions. A QCC order is comprised of an order to buy or sell at least 1,000 contracts (or 10,000 mini-option contracts) that is identified as being part of a qualified contingent trade, coupled with a contra side order to buy or sell an equal number of contracts. Currently, the Exchange assesses no fee for Customer (“C” origin) QCC transactions and $0.20 per contract side for Clearing Trading Permit Holder Proprietary (“F” or “L” origin code) QCC transactions, as well as Broker-Dealer, Non-Trading Permit Holder Market Maker, Professional/Voluntary Professional and Joint Back-Office QCC transactions. Additionally, Market-Maker QCC transactions are subject to the Liquidity Provider Sliding Scale. In lieu of the current QCC transaction fees stated above, the Exchange proposes to establish a transaction fee for all non-customer QCC orders of $0.15 per contract side (customer orders will continue to not be assessed a charge). In addition, the Exchange proposes to adopt a $0.10 per contract credit for the initiating order side, regardless of origin code. The Exchange proposes to explicitly provide in the Fees Schedule that a QCC transaction is comprised of an `initiating order' to buy (sell) at least 1,000 contracts, coupled with a contra-side order to sell (buy) an equal number of contracts and that for complex QCC transactions, the 1,000 contracts minimum is applied per leg. The `initiating order' is considered to be the agency side of a QCC order. The Exchange notes that with regard to order entry, the first order submitted into the system is marked as the initiating/agency side and the second order is marked as the contra side. The credit will be paid to the Trading Permit Holder that enters the order into the system. The purpose of these changes is to incentivize the sending of QCC orders to the Exchange. The Exchange notes that another Exchange similarly provides rebates on QCC initiating orders.3 The Exchange also notes that no changes to transaction fees for QCC mini-option orders are being proposed at this time.

    3See International Securities Exchange, LLC (“ISE”) Schedule of Fees, Section IV(A), QCC and Solicitation Rebate, which provides for rebates between $0.05 per QCC contract and $0.11 per QCC contract for each originating contract side based upon meeting certain volume thresholds.

    Finally, the Exchange proposes to eliminate references to QCC fees in the Equity, ETF and ETN options rate tables, and instead establish a QCC-specific rate table. No substantive changes, other than those mentioned above, are being made by the reorganization and relocation of QCC-related transaction fees. Rather, the Exchange believes the proposed change will make the Fees Schedule easier to read and alleviate potential confusion.

    2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.4 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 5 requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitation transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with Section 6(b)(4) of the Act,6 which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its Trading Permit Holders and other persons using its facilities.

    4 15 U.S.C. 78f(b).

    5 15 U.S.C. 78f(b)(5).

    6 15 U.S.C. 78f(b)(4).

    In particular, the Exchange believes the proposed transaction fee for QCC orders is reasonable because the proposed amount is in line with the amount assessed at other Exchanges for similar transactions.7 Additionally, the proposed fee would be charged to all non-customers alike. Assessing QCC rates to all market participants except customers is equitable and not unfairly discriminatory because Customer order flow enhances liquidity on the Exchange for the benefit of all market participants. Specifically, Customer liquidity benefits all market participants by providing more trading opportunities, which attracts Market-Makers. An increase in the activity of these market participants in turn facilitates tighter spreads, which may cause an additional corresponding increase in order flow from other market participants. By exempting customer orders, the QCC transaction fees will not discourage the sending of customer orders.

    7See e.g., NYSE Arca, Inc. (“Arca”) Options Fees Schedule, Qualified Contingent Cross Transaction Fees and NASDAQ OMX PHLX LLC (“PHLX”) Pricing Schedule, Section II, Multiply Listed Options Fees.

    The Exchange believes the $0.10 per contract credit for the initiating order side of a QCC transaction is reasonable because another Exchange also provides a rebate on the initiating order side.8 Additionally, the proposed credit amount is within the range of the rebate amounts at the other Exchange.9 The Exchange believes the proposed credit is equitable and not unfairly discriminatory because it applies to all Trading Permit Holders that enter the initiating order, regardless of origin code and because it is intended to incentivize the sending of more QCC orders to the Exchange. Clarifying in the Fees Schedule that (i) a QCC transaction is comprised of an `initiating order' to buy (sell) at least 1,000 contracts, coupled with a contra-side order to sell (buy) an equal number of contracts, (ii) for complex QCC transactions, the 1,000 contracts minimum is applied per leg and (iii) the `initiating order' is considered to be the agency side of a QCC order informs market participants and alleviates potential confusion. Clarifying that the credit will be paid to the Trading Permit Holder that enters the order into the system also alleviates confusion. The alleviation of potential confusion thereby removes impediments to and perfects the mechanism of a free and open market and a national market system, and, in general, protecting investors and the public interest.

    8See ISE Schedule of Fees, Section IV(A), QCC and Solicitation Rebate.

    9Id.

    Finally, the Exchange believes reorganizing and relocating QCC related transaction fees (and credits) makes the Fees Schedule easier to read and alleviates potential confusion, thereby removing impediments to and perfecting the mechanism of a free and open market and a national market system, and, in general, protecting investors and the public interest.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, because the proposes rule change applies to all Trading Permit Holders. The Exchange believes this proposal will not cause an unnecessary burden on intermarket competition because the proposed changes will actually enhance the competiveness of the Exchange relative to other exchanges which offer comparable fees and rebates for QCC transactions.10 To the extent that the proposed changes make CBOE a more attractive marketplace for market participants at other exchanges, such market participants are welcome to become CBOE market participants.

    10See e.g. , ISE Schedule of Fees, Section IV(A), QCC and Solicitation Rebate and PHLX Pricing Schedule, Section II, Multiply Listed Options Fees.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and paragraph (f) of Rule 19b-4 12 thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.

    11 15 U.S.C. 78s(b)(3)(A).

    12 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected]. Please include File Number SR-CBOE-2015-059 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-CBOE-2015-059. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2015-059 and should be submitted on or before July 27, 2015.

    13 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16411 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75329; File No. SR-ICEEU-2015-012] Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Delivery Procedures June 29, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder 2 notice is hereby given that on June 16, 2015, ICE Clear Europe Limited (“ICE Clear Europe”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared primarily by ICE Clear Europe. ICE Clear Europe filed the proposal pursuant to Section 19(b)(3)(A) of the Act,3 and Rules 19b-4(f)(4)(i) and (ii) 4 thereunder, so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A).

    4 17 CFR 240.19b-4(f)(4)(i) and (ii).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    ICE Clear Europe proposes amendments to its Delivery Procedures with respect to the settlement of certain European emissions allowance and cocoa futures contracts that are currently traded on ICE Futures Europe and cleared by ICE Clear Europe. The proposed rule change also makes certain clarifications and updates to the Complaint Resolution Procedures.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. ICE Clear Europe has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The purpose of the proposed rule change is to modify the ICE Clear Europe Delivery Procedures for certain emissions allowance and cocoa futures contracts traded on ICE Futures Europe and cleared by ICE Clear Europe, namely the ICE Futures EUA Futures Contract, ICE Futures EUA Daily Futures Contract, ICE Futures EUAA Auction Contract, ICE Futures EUAA Futures Contract, ICE Futures EUAA Auction Contract, ICE Futures CER Futures Contract, ICE Futures CER Futures Daily Contract and ICE Futures ERU Futures Contract (collectively, the “Emissions Contracts”), and Financials & Softs Cocoa Futures Contracts (the “Cocoa Contracts”). ICE Clear Europe also proposes to make certain clarifications and updates to its Complaint Resolution Procedures. ICE Clear Europe does not otherwise propose to amend its clearing rules or procedures.

    The amendments to the Delivery Procedures relating to the Emissions Contracts adjust the deadlines for certain actions in connection with delivery under those contracts, including the timing of submission of Transfer Requests by the relevant Seller or the Clearing House, the timing of receipt of emissions allowances by the Clearing House and the Buyer, and the timing of submission of certain confirmation forms. The timing changes are intended to move certain aspects of the settlement process earlier in the day, in order to facilitate orderly settlement. The amendments also remove certain superfluous language prior to the beginning of Part A of the Delivery Procedures.

    The amendments to the Delivery Procedures for the Cocoa Contracts clarify the reports made available to Buyers and Sellers in the event there are no conversions of delivery units to be made under relevant exchange rules. Specifically, Sellers will have access to an account sale report and delivery details via Guardian or any successor system. Buyers will have access to an invoice report and delivery details.

    A correction is also made in the Delivery Procedures to a reference to a report provided in connection with the delivery of Swiss Government Bond Futures Contracts.

    The amendments to the Complaint Resolution Procedures eliminate an unnecessary reference to different categories of Clearing Members and update contact details for making a complaint.

    2. Statutory Basis

    ICE Clear Europe believes that the proposed rule change is consistent with the requirements of Section 17A of the Act 5 and the regulations thereunder applicable to it, and is consistent with the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts and transactions, the safeguarding of securities and funds in the custody or control of ICE Clear Europe or for which it is responsible and the protection of investors and the public interest, within the meaning of Section 17A(b)(3)(F) of the Act.6 The changes to the Delivery Procedures for the Emissions Contracts and Cocoa Contracts are intended to clarify the timing of certain requirements and update certain notice and report procedures. As such, ICE Clear Europe believes that the proposed rule change will generally enhance the operation of its physical settlement processes for these contracts. ICE Clear Europe is not otherwise changing its financial resources, risk management, systems and operational arrangements that support clearing of these contracts (and address physical delivery under these contracts). The changes to the Complaint Resolution Procedure consist of non-substantive clarifications. The proposed rule change is thus consistent with the prompt and accurate clearance and settlement of derivative agreements, contracts and transactions, and with the requirements of Section 17A of the Act.7

    5 15 U.S.C. 78q-1.

    6 15 U.S.C. 78q-1(b)(3)(F).

    7 15 U.S.C. 78q-1.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule change would have any impact, or impose any burden, on competition not necessary or appropriate in furtherance of the Act. ICE Clear Europe is adopting the amendments to the Delivery Procedures to clarify certain timing requirements in connection with physical delivery under Emissions Contracts, and to clarify certain other documentation requirements for Emissions Contracts and Cocoa Contracts. ICE Clear Europe does not believe that these operational changes will impose any significant additional costs on Clearing Members or other market participants or otherwise adversely affect Clearing Members or market participants. In particular, the changes are not expected to affect access to clearing in these products for Clearing Members or their customers. The changes will apply to all Clearing Members clearing transactions in the products, and accordingly are not expected to affect competition among Clearing Members or the market for clearing services generally.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been solicited or received. ICE Clear Europe will notify the Commission of any written comments received by ICE Clear Europe.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing proposed rule change has become effective upon filing pursuant to Section 19(b)(3)(A) 8 of the Act and Rule 19b-4(f)(4)(i) and (ii) 9 thereunder. The Delivery Procedure Amendments effect a change in an existing service of a registered clearing agency that primarily affects the clearing operations of the clearing agency with respect to products that are not securities, including futures that are not security futures, swaps that are not security-based swaps or mixed swaps, and forwards that are not security forwards, and does not significantly affect any securities clearing operations of the clearing agency or any rights or obligations of the clearing agency with respect to securities clearing or persons using such securities-clearing service. The Complaint Resolutions Procedures amendments do not adversely affect the safeguarding of funds or securities in the custody or control of ICE Clear Europe or for which it is responsible, and further do not significantly affect the rights and obligations of ICE Clear Europe or persons using its clearing service. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    8 15 U.S.C. 78s(b)(3)(A).

    9 17 CFR 240.19b-4(f)(4)(i) and (ii).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or

    • Send an email to [email protected] Please include File Number SR-ICEEU-2015-012 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-ICEEU-2015-012. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be available for inspection and copying at the principal office of ICE Clear Europe and on ICE Clear Europe's Web site at https://www.theice.com/notices/clear-europe/regulation. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ICEEU-2015-012 and should be submitted on or before July 27, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10

    10 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16417 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75325; File No. SR-BYX-2015-29] Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.9 of BATS Y-Exchange, Inc., To Modify its Price Adjust Functionality June 29, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on June 16, 2015, BATS Y-Exchange, Inc. (the “Exchange” or “BYX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.9 to modify the Exchange's Price Adjust functionality, as described below.

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange currently offers various forms of sliding, which, in all cases, result in the re-pricing of an order to, or ranking and/or display of an order at, a price other than an order's limit price in order to comply with applicable securities laws and/or Exchange rules. Specifically, the Exchange currently offers price sliding to ensure compliance with Regulation NMS and Regulation SHO. Price sliding currently offered by the Exchange re-prices and displays an order upon entry and in certain cases again re-prices and re-displays an order at a more aggressive price one time if and when permissible (“single display-price sliding”), and optionally continually re-prices an order (“multiple display-price sliding”) based on changes in the national best bid (“NBB”) or national best offer (“NBO”, and together with the NBB, the “NBBO”). The Exchange proposes to modify one form of price sliding offered by the Exchange, the Price Adjust process, as described below, in order to align more closely with the Exchange's other form of price sliding, the display-price sliding process.

    The Exchange's display-price sliding functionality is designed to avoid locking or crossing other markets' Protected Quotations, but does not price slide to avoid executions on the Exchange's order book (“BATS Book”). Specifically, when the Exchange receives an incoming order designated with a display-price sliding instruction that could execute against resting displayed liquidity on the BATS Book, it will execute against such liquidity. However, when an execution against resting displayed liquidity does not occur because an incoming order is designated as an order that will not remove liquidity (i.e., a BATS Post Only Order), then the Exchange will cancel the incoming order. In contrast to display-price sliding, which is based solely on Protected Quotations 3 at external markets other than the Exchange, Price Adjust is currently based on Protected Quotations at external markets and at the Exchange. Under the Price Adjust process, if the Exchange has a Protected Quotation that an incoming order to the Exchange locks or crosses then such order executes against the resting order, or, if the incoming order is a BATS Post Only Order or Partial Post Only at Limit Order, such order would be executed in accordance with Rules 11.9(c)(6) and (c)(7), respectively,4 or would be adjusted pursuant to the Price Adjust process. The Exchange proposes to modify the Price Adjust process so that it is applicable only with respect to quotations of external markets, which, as noted above, is how the display-price sliding process currently operates on the Exchange.

    3 As defined in BYX Rule 1.5(t), a “Protected Quotation” is “a quotation that is a Protected Bid or Protected Offer.” In turn, the term “Protected Bid” or “Protected Offer” means “a bid or offer in a stock that is (i) displayed by an automated trading center; (ii) disseminated pursuant to an effective national market system plan; and (iii) an automated quotation that is the best bid or best offer of a national securities exchange or association.”

    4 The Exchange notes that BATS Post Only Orders are permitted to remove liquidity from the BATS Book if the value of price improvement associated with such execution equals or exceeds the sum of fees charged for such execution and the value of any rebate that would be provided if the order posted to the BATS Book and subsequently provided liquidity. See Rule 11.9(c)(6). Similarly, Partial Post Only at Limit Orders are permitted to remove price improving liquidity as well as a User-selected percentage of the remaining order at the limit price if, following such removal, the order can post at its limit price. See Rule 11.9(c)(7). The Exchange notes that all BATS Post Only Orders remove liquidity from the BATS Book based on the Exchange's current pricing structure, which provides a rebate to remove liquidity and charges a fee to add liquidity.

    As proposed, under the Price Adjust process, an order eligible for display by the Exchange that, at the time of entry, would create a violation of Rule 610(d) of Regulation NMS by locking or crossing a Protected Quotation of an external market will be ranked and displayed by the System at one minimum price variation below the current NBO (for bids) or to one minimum price variation above the current NBB (for offers). However, as is true for the current display-price sliding process, the Price Adjust process would not adjust the price of a BATS Post Only Order or Partial Post Only at Limit Order that would lock or cross an order displayed by the Exchange but rather, would either execute 5 or cancel such order upon entry. Further, to the extent the NBBO changes such that a BATS Post Only Order subject to the Price Adjust process would be ranked at a price at which it could remove displayed liquidity from the BATS Book, the order will be executed as set forth in Rule 11.9(c)(6) or cancelled.

    5See id.

    As an example of the Price Adjust process, assume the Exchange has a posted and displayed bid to buy 100 shares of a security priced at $10.10 per share and a posted and displayed offer to sell 100 shares at $10.11 per share. Assume the NBBO is $10.10 by $10.11, which includes an offer of $10.11 displayed by at least one other market. The Exchange notes that under its current pricing structure, which pays a rebate to orders that remove liquidity and charges a fee to orders that add liquidity, all orders (including BATS Post Only Orders and Partial Post Only at Limit Orders) that would lock or cross liquidity resting on the Exchange would remove liquidity on entry pursuant to Rule 11.9(c)(6). However, the Exchange has included the examples below in order to demonstrate how the proposed functionality would operate in the event the Exchange has a different pricing structure that does not allow the incoming BATS Post Only Order to remove liquidity upon entry.

    • Under the current functionality, if the Exchange receives a Post Only bid to buy 100 shares at $10.11 per share with a Price Adjust instruction the Exchange will rank and display the order to buy at $10.10 because displaying the bid at $10.11 would lock the offer to sell for $10.11 displayed by the Exchange (as well as one or more external markets).

    • As proposed, however, if the Exchange receives a Post Only bid to buy 100 shares at $10.11 per share with a Price Adjust instruction the Exchange will cancel the order back because displaying the bid at $10.11 would lock the offer to sell for $10.11 displayed by the Exchange (as well as one or more external markets) and the Exchange's Price Adjust functionality would no longer price slide past a displayed order resting on the Exchange.

    • Assume however, that all facts are the same as the immediately preceding example except that the Exchange's best offer is displayed at $10.12. Because an incoming Post Only bid to buy 100 shares at $10.11 could be displayed by the Exchange but would lock the Protected Quotation of one or more external markets at that price, the Exchange would re-price and display the order to buy at $10.10.

    In addition to the change proposed above, the Exchange proposes to correct two aspects of the Exchange's current rule regarding the display-price sliding process. First, the Exchange proposes to modify Rule 11.9(g)(1)(D), which states that “any” display-eligible BATS Post Only Order or Partial Post Only at Limit order that locks or crosses a Protected Quotation displayed by an external market upon entry will be subject to the display-price sliding process. Because an order can also be subject to the Price Adjust process or no price sliding option at all, the Exchange proposes to instead start this provision with “depending on User instructions.” The Exchange proposes to use this same language in the proposed revision to Rule 11.9(g)(2)(D) with respect to Price Adjust. Second, the Exchange proposes to modify the cross-reference at the end of Rule 11.9(g)(2)(D) from 11.9(c)(7) to 11.9(c)(6) to accurately refer to the rule applicable to BATS Post Only Orders.

    2. Statutory Basis

    The Exchange believes that the proposed rule changes are consistent with Section 6(b) of the Securities Exchange Act of 1934 (the “Act”) 6 and further the objectives of Section 6(b)(5) of the Act 7 because they are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and, in general, to protect investors and the public interest. The proposed rule change also is designed to support the principles of Section 11A(a)(1) 8 of the Act in that it seeks to assure fair competition among brokers and dealers and among exchange markets.

    6 15 U.S.C. 78f(b).

    7 15 U.S.C. 78f(b)(5).

    8 15 U.S.C. 78k-1(a)(1).

    The Exchange believes that the proposed change to Price Adjust is consistent with Section 6(b)(5) of the Act,9 as well as Rule 610 of Regulation NMS 10 and Rule 201 of Regulation SHO.11 The Exchange is not modifying the overall functionality of Price Adjust, which is designed to avoid locking or crossing quotations of other market centers or to comply with applicable short sale restrictions. Instead, the Exchange is proposing changes to Price Adjust to more closely mirror the display-price sliding process, such that neither form of price sliding functionality adjusts the price of an order to avoid locking or crossing an order displayed by the Exchange, and instead, such an order will either be cancelled or executed by the Exchange. As noted above, in contrast to display-price sliding, which is based solely on Protected Quotations of external markets, the Price Adjust process is currently based on Protected Quotations at external markets and at the Exchange.

    9 15 U.S.C. 78f(b)(5).

    10 17 CFR 242.610.

    11 17 CFR 242.201.

    Rule 610(d) requires exchanges to establish, maintain, and enforce rules that require members reasonably to avoid “[d]isplaying quotations that lock or cross any protected quotation in an NMS stock.” 12 Such rules must be “reasonably designed to assure the reconciliation of locked or crossed quotations in an NMS stock,” and must “prohibit . . . members from engaging in a pattern or practice of displaying quotations that lock or cross any protected quotation in an NMS stock.” 13 The Price Adjust process, as amended will continue to assist Users by displaying orders at permissible prices or rejecting them if the Exchange has displayed liquidity that would preclude their display. Similarly, Rule 201 of Regulation SHO 14 requires trading centers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the execution or display of a short sale order at a price at or below the current NBB under certain circumstances. The Exchange's short sale price sliding will continue to operate the same for Users of Price Adjust as it does for Users that select the display-price sliding process offered by the Exchange.

    12 17 CFR 242.610(d).

    13Id.

    14 17 CFR 242.201.

    Thus, if the Exchange has a Protected Quotation that an incoming order to the Exchange locks or crosses then such incoming order will execute against the resting order, or, if the incoming order is a BATS Post Only Order or Partial Post Only at Limit Order, such order would be executed in accordance with Rules 11.9(c)(6) and (c)(7), respectively, or cancelled. The Exchange believes that it is reasonable and consistent with the Act to cancel orders on entry that cannot executed or displayed at their limit price because this is consistent with display-price sliding functionality. Therefore, the Exchange believes the proposal to apply the Price Adjust process to orders that cannot be displayed because they would lock or cross displayed contra-side interest on the Exchange will promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system. The Exchange also reiterates that the proposed change to the Price Adjust process will continue to enable the System to avoid displaying a locking or crossing quotation in order to ensure compliance with Rule 610(d) of Regulation NMS.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is being proposed as minor modification to functionality offered by the Exchange that will ensure that the Exchange's Price Adjust process is consistent with the display-price sliding process offered by the Exchange today.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has designated this rule filing as non-controversial under Section 19(b)(3)(A) of the Act 15 and paragraph (f)(6) of Rule 19b-4 thereunder.16 The proposed rule change effects a change that (A) does not significantly affect the protection of investors or the public interest; (B) does not impose any significant burden on competition; and (C) by its terms, does not become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest; provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission.17

    15 15 U.S.C. 78s(b)(3)(A).

    16 17 CFR 240.19b-4.

    17 The Exchange has fulfilled this requirement.

    At any time within 60 days of the filing of the proposed rule change, the Commission may summarily temporarily suspend such rule change if it appears to the Commission that such action is: (1) Necessary or appropriate in the public interest; (2) for the protection of investors; or (3) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-BYX-2015-29 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BYX-2015-29. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BYX-2015-29, and should be submitted on or before July 27, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18

    18 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16415 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75324; File No. SR-BATS-2015-47] Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.9 of BATS Exchange, Inc., To Modify its Price Adjust Functionality June 29, 2015.

    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on June 16, 2015, BATS Exchange, Inc. (the “Exchange” or “BATS”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.9 to modify the Exchange's Price Adjust functionality, as described below.

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange currently offers various forms of sliding, which, in all cases, result in the re-pricing of an order to, or ranking and/or display of an order at, a price other than an order's limit price in order to comply with applicable securities laws and/or Exchange rules. Specifically, the Exchange currently offers price sliding to ensure compliance with Regulation NMS and Regulation SHO. Price sliding currently offered by the Exchange re-prices and displays an order upon entry and in certain cases again re-prices and re-displays an order at a more aggressive price one time if and when permissible (“single display-price sliding”), and optionally continually re-prices an order (“multiple display-price sliding”) based on changes in the national best bid (“NBB”) or national best offer (“NBO”, and together with the NBB, the “NBBO”). The Exchange proposes to modify one form of price sliding offered by the Exchange, the Price Adjust process, as described below, in order to align more closely with the Exchange's other form of price sliding, the display-price sliding process.

    The Exchange's display-price sliding functionality is designed to avoid locking or crossing other markets' Protected Quotations, but does not price slide to avoid executions on the Exchange's order book (“BATS Book”). Specifically, when the Exchange receives an incoming order designated with a display-price sliding instruction that could execute against resting displayed liquidity on the BATS Book, it will execute against such liquidity. However, when an execution against resting displayed liquidity does not occur because an incoming order is designated as an order that will not remove liquidity (i.e., a BATS Post Only Order), then the Exchange will cancel the incoming order. In contrast to display-price sliding, which is based solely on Protected Quotations 3 at external markets other than the Exchange, Price Adjust is currently based on Protected Quotations at external markets and at the Exchange. Under the Price Adjust process, if the Exchange has a Protected Quotation that an incoming order to the Exchange locks or crosses then such order executes against the resting order, or, if the incoming order is a BATS Post Only Order or Partial Post Only at Limit Order, such order would be executed in accordance with Rules 11.9(c)(6) and (c)(7), respectively,4 or would be adjusted pursuant to the Price Adjust process. The Exchange proposes to modify the Price Adjust process so that it is applicable only with respect to quotations of external markets, which, as noted above, is how the display-price sliding process currently operates on the Exchange.

    3 As defined in BATS Rule 1.5(t), a “Protected Quotation” is “a quotation that is a Protected Bid or Protected Offer.” In turn, the term “Protected Bid” or “Protected Offer” means “a bid or offer in a stock that is (i) displayed by an automated trading center; (ii) disseminated pursuant to an effective national market system plan; and (iii) an automated quotation that is the best bid or best offer of a national securities exchange or association.”

    4 The Exchange notes that BATS Post Only Orders are permitted to remove liquidity from the BATS Book if the value of price improvement associated with such execution equals or exceeds the sum of fees charged for such execution and the value of any rebate that would be provided if the order posted to the BATS Book and subsequently provided liquidity. See Rule 11.9(c)(6). Similarly, Partial Post Only at Limit Orders are permitted to remove price improving liquidity as well as a User-selected percentage of the remaining order at the limit price if, following such removal, the order can post at its limit price. See Rule 11.9(c)(7).

    As proposed, under the Price Adjust process, an order eligible for display by the Exchange that, at the time of entry, would create a violation of Rule 610(d) of Regulation NMS by locking or crossing a Protected Quotation of an external market will be ranked and displayed by the System at one minimum price variation below the current NBO (for bids) or to one minimum price variation above the current NBB (for offers). However, as is true for the current display-price sliding process, the Price Adjust process would not adjust the price of a BATS Post Only Order or Partial Post Only at Limit Order that would lock or cross an order displayed by the Exchange but rather, would either execute 5 or cancel such order upon entry. Further, to the extent the NBBO changes such that a BATS Post Only Order subject to the Price Adjust process would be ranked at a price at which it could remove displayed liquidity from the BATS Book, the order will be executed as set forth in Rule 11.9(c)(6) or cancelled.

    5See id.

    As an example of the Price Adjust process, assume the Exchange has a posted and displayed bid to buy 100 shares of a security priced at $10.10 per share and a posted and displayed offer to sell 100 shares at $10.11 per share. Assume the NBBO is $10.10 by $10.11, which includes an offer of $10.11 displayed by at least one other market.

    • Under the current functionality, if the Exchange receives a Post Only bid to buy 100 shares at $10.11 per share with a Price Adjust instruction the Exchange will rank and display the order to buy at $10.10 because displaying the bid at $10.11 would lock the offer to sell for $10.11 displayed by the Exchange (as well as one or more external markets).

    • As proposed, however, if the Exchange receives a Post Only bid to buy 100 shares at $10.11 per share with a Price Adjust instruction the Exchange will cancel the order back because displaying the bid at $10.11 would lock the offer to sell for $10.11 displayed by the Exchange (as well as one or more external markets) and the Exchange's Price Adjust functionality would no longer price slide past a displayed order resting on the Exchange.

    • Assume however, that all facts are the same as the immediately preceding example except that the Exchange's best offer is displayed at $10.12. Because an incoming Post Only bid to buy 100 shares at $10.11 could be displayed by the Exchange but would lock the Protected Quotation of one or more external markets at that price, the Exchange would re-price and display the order to buy at $10.10.

    In addition to the change proposed above, the Exchange proposes to correct two aspects of the Exchange's current rule regarding the display-price sliding process. First, the Exchange proposes to modify Rule 11.9(g)(1)(D), which states that “any” display-eligible BATS Post Only Order or Partial Post Only at Limit order that locks or crosses a Protected Quotation displayed by an external market upon entry will be subject to the display-price sliding process. Because an order can also be subject to the Price Adjust process or no price sliding option at all, the Exchange proposes to instead start this provision with “depending on User instructions.” The Exchange proposes to use this same language in the proposed revision to Rule 11.9(g)(2)(D) with respect to Price Adjust. Second, the Exchange proposes to modify the cross-reference at the end of Rule 11.9(g)(2)(D) from 11.9(c)(7) to 11.9(c)(6) to accurately refer to the rule applicable to BATS Post Only Orders.

    2. Statutory Basis

    The Exchange believes that the proposed rule changes are consistent with section 6(b) of the Securities Exchange Act of 1934 (the “Act”) 6 and further the objectives of section 6(b)(5) of the Act 7 because they are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and, in general, to protect investors and the public interest. The proposed rule change also is designed to support the principles of section 11A(a)(1) 8 of the Act in that it seeks to assure fair competition among brokers and dealers and among exchange markets.

    6 15 U.S.C. 78f(b).

    7 15 U.S.C. 78f(b)(5).

    8 15 U.S.C. 78k-1(a)(1).

    The Exchange believes that the proposed change to Price Adjust is consistent with section 6(b)(5) of the Act,9 as well as Rule 610 of Regulation NMS 10 and Rule 201 of Regulation SHO.11 The Exchange is not modifying the overall functionality of Price Adjust, which is designed to avoid locking or crossing quotations of other market centers or to comply with applicable short sale restrictions. Instead, the Exchange is proposing changes to Price Adjust to more closely mirror the display-price sliding process, such that neither form of price sliding functionality adjusts the price of an order to avoid locking or crossing an order displayed by the Exchange, and instead, such an order will either be cancelled or executed by the Exchange. As noted above, in contrast to display-price sliding, which is based solely on Protected Quotations of external markets, the Price Adjust process is currently based on Protected Quotations at external markets and at the Exchange.

    9 15 U.S.C. 78f(b)(5).

    10 17 CFR 242.610.

    11 17 CFR 242.201.

    Rule 610(d) requires exchanges to establish, maintain, and enforce rules that require members reasonably to avoid “[d]isplaying quotations that lock or cross any protected quotation in an NMS stock.” 12 Such rules must be “reasonably designed to assure the reconciliation of locked or crossed quotations in an NMS stock,” and must “prohibit . . . members from engaging in a pattern or practice of displaying quotations that lock or cross any protected quotation in an NMS stock.” 13 The Price Adjust process, as amended will continue to assist Users by displaying orders at permissible prices or rejecting them if the Exchange has displayed liquidity that would preclude their display. Similarly, Rule 201 of Regulation SHO 14 requires trading centers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the execution or display of a short sale order at a price at or below the current NBB under certain circumstances. The Exchange's short sale price sliding will continue to operate the same for Users of Price Adjust as it does for Users that select the display-price sliding process offered by the Exchange.

    12 17 CFR 242.610(d).

    13Id.

    14 17 CFR 242.201.

    Thus, if the Exchange has a Protected Quotation that an incoming order to the Exchange locks or crosses then such incoming order will execute against the resting order, or, if the incoming order is a BATS Post Only Order or Partial Post Only at Limit Order, such order would be executed in accordance with Rules 11.9(c)(6) and (c)(7), respectively, or cancelled. The Exchange believes that it is reasonable and consistent with the Act to cancel orders on entry that cannot executed or displayed at their limit price because this is consistent with display-price sliding functionality. Therefore, the Exchange believes the proposal to apply the Price Adjust process to orders that cannot be displayed because they would lock or cross displayed contra-side interest on the Exchange will promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system. The Exchange also reiterates that the proposed change to the Price Adjust process will continue to enable the System to avoid displaying a locking or crossing quotation in order to ensure compliance with Rule 610(d) of Regulation NMS.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is being proposed as minor modification to functionality offered by the Exchange that will ensure that the Exchange's Price Adjust process is consistent with the display-price sliding process offered by the Exchange today.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has designated this rule filing as non-controversial under section 19(b)(3)(A) of the Act 15 and paragraph (f)(6) of Rule 19b-4 thereunder.16 The proposed rule change effects a change that (A) does not significantly affect the protection of investors or the public interest; (B) does not impose any significant burden on competition; and (C) by its terms, does not become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest; provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change at least five business days prior to the date of this filing.

    15 15 U.S.C. 78s(b)(3)(A).

    16 17 CFR 240.19b-4.

    A proposed rule change filed under Rule 19b-4(f)(6) 17 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that BATS may implement the proposed rule change immediately. The Exchange has represented that it has alerted its Members of the proposed change 18 and that those currently utilizing Price Adjust functionality would not need to make any system changes in connection with the proposed change. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will align the display-price sliding functionality and Price Adjust functionality and help harmonize the Exchange's rulebook. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing with the Commission.19

    17 17 CFR 240.19b-4(f)(6).

    18See BATS Trade Desk Notice dated May 19, 2015, “BATS Update to Post Only Price Adjust Logic Effective Friday, June 19, 2015 on BZX,” available at www.batstrading.com/alerts under Release Notes.

    19 For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission may summarily temporarily suspend such rule change if it appears to the Commission that such action is: (1) Necessary or appropriate in the public interest; (2) for the protection of investors; or (3) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-BATS-2015-47 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BATS-2015-47. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BATS-2015-47, and should be submitted on or before July 27, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.20

    20 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-16414 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14359 and #14360] Nebraska Disaster #NE-00065 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice.

    SUMMARY:

    This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Nebraska (FEMA-4225-DR), dated 06/25/2015.

    Incident: Severe Storms, Tornadoes, Straight-line Winds, and Flooding.

    Incident Period: 05/06/2015 through 06/17/2015.

    Effective Date: 06/25/2015.

    Physical Loan Application Deadline Date: 08/24/2015.

    Economic Injury (EIDL) Loan Application Deadline Date: 03/25/2016.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the President's major disaster declaration on 06/25/2015, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Cass, Dundy, Gage, Jefferson, Lancaster, Lincoln, Morrill, Nuckolls, Otoe, Saline, Saunders, Thayer.

    The Interest Rates are:

    Percent For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere 2.625 Non-Profit Organizations Without Credit Available Elsewhere 2.625 For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere 2.625

    The number assigned to this disaster for physical damage is 14359B and for economic injury is 14360B.

    (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administratorfor Disaster Assistance.
    [FR Doc. 2015-16428 Filed 7-2-15; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Docket ID No. SBA-2015-0009] Small Business Investment Companies—Request for Comments on Credit and Risk Management Issues AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Small Business Administration (SBA) has identified two issues that potentially affect SBA's ability to make recoveries from a small business investment company (SBIC) that performs poorly and poses a credit risk to SBA. The Agency seeks public input on how SBA should address its credit concerns regarding these two issues: SBICs with unsecured lines of credit, and the determination of “equity capital investments” when calculating an SBIC's capital impairment percentage.

    DATES:

    Comments must be received on or before September 4, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. SBA-2015-0009, at www.regulations.gov. Comments may only be submitted at this web address; follow the instructions on the Web site for submitting comments. All comments received will be included in the public docket without change and will be available online at www.regulations.gov. All submissions, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive information and information that you consider to be Confidential Business Information or otherwise protected should not be included. Submissions will not be edited to remove any identifying or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Lyn Womack, Office of Investment and Innovation, 409 Third St. SW., Washington, DC 20416, (202) 205-2416.

    SUPPLEMENTARY INFORMATION: I. Background Information

    The SBIC Program was established under the Small Business Investment Act of 1958. 15 U.S.C. 661 et seq. (the “Act”). SBICs are privately owned and professionally managed investment funds, licensed and regulated by SBA, that use privately-raised capital to make equity and debt investments in qualifying small businesses. SBICs may be leveraged or non-leveraged. Leveraged SBICs use privately raised capital plus funds borrowed by issuing debentures guaranteed by SBA to make such qualifying investments. Only SBICs with outstanding debenture leverage pose a credit risk to SBA, and SBA's request for input in this notice is limited to this type of SBIC. SBA does not anticipate any changes to the regulations as a result of this notice, but will consider changes to the policy guidance that interprets the regulations.

    SBICs are governed by Title 13, Part 107 in the Code of Federal Regulations (13 CFR part 107) which may be found at www.thefederalregister.org/fdsys/pkg/CFR-2014-title13-vol1/xml/CFR-2014-title13-vol1-part107.xml. SBA also issues supplemental guidance through various publications which may be found at www.sba.gov/sbicpolicy.

    II. Areas of Concern

    SBA is seeking public input on the following areas of concern:

    1. Unsecured Lines of Credit. The Act provides that SBA “(1) shall not permit a licensee having outstanding leverage to incur third party debt that would create or contribute to an unreasonable risk of default or loss to the Federal Government; and (2) shall permit such licensees to incur third party debt only on such terms and subject to such conditions as may be established by the Administrator, by regulation or otherwise.” 15 U.S.C. 683(c). Pursuant to 13 CFR 107.550, a leveraged SBIC must obtain SBA's prior written approval before it incurs any secured third-party debt. In practice, SBA rarely approves secured third-party debt facilities because the collateral for such debt consists of the same assets SBA relies on to protect its creditor position. SBA approval is not required for unsecured third-party debt, though the Agency may review the related loan agreement(s) in connection with its oversight, including examinations, of the SBIC.

    Leveraged SBICs commonly use unsecured lines of credit. Although permitted by the regulations without SBA prior approval, all such credit facilities pose a potential credit risk to SBA because, with certain limited exceptions set forth under 13 CFR 107.560, the Agency is subordinated to the first $10 million of such debt. Furthermore, SBA is concerned that many such credit facilities contain certain provisions that may increase SBA's credit risk. SBA is specifically concerned about provisions that, upon a default (which may include events other than a payment default; for example, failure by more than a certain number of investors in the SBIC to fund a capital call within a stated period), allow a lender to make a capital call directly on the SBIC's investors and use the proceeds to repay the line of credit. Similarly, SBA is concerned about provisions that permit a lender to compel the SBIC's General Partner to make a capital call, together with remedies including specific performance and/or injunctive relief. If an SBIC defaults on its leverage and is transferred by SBA to a liquidation status in accordance with the SBIC's leverage terms, the SBIC's remaining commitments are a significant source of capital that SBA relies upon for repayment of the SBIC's leverage. However, such commitments will not be available to SBA if they have already been called to satisfy a default under the SBIC's unsecured credit facility. SBA has also observed that some SBICs use these lines on a short-term basis to fund investments, while others maintain outstanding balances on a longer-term basis for working capital or other purposes.

    SBA is seeking comments as to how the Agency can best address its credit concerns while continuing to permit SBICs to utilize unsecured lines of credit. Among other things, SBA is seeking input from the public with regard to the following questions:

    (a) What credit concerns should SBA have regarding an SBIC's credit facility if the maximum extension of credit under such a facility is in the amount of $10 million or less?

    (b) How frequently, or what percent of total dollars or lines of credit, do lenders provide unsecured credit to SBICs in an amount above $10 million?

    (c) What are the typical maturity dates for such credit facilities (e.g., 12 month term) and are they routinely extended?

    (d) What is the average balance and settlement of credit lines extended to SBICs?

    (e) Based on SBA's view that short-term borrowings pose a lower credit risk, what restrictions, if any, should SBA consider placing on the length of time a balance may remain outstanding on an unsecured line?

    (f) Should SBA permit such facilities only during time periods of an SBIC's lifecycle when the risk to SBA is lower, for example during the early years of the SBIC's life or before additional leverage is drawn? If so, what considerations should SBA take into account in determining the timing and duration of these periods?

    (g) Are there certain provisions in unsecured loan agreements that SBA should be especially concerned about with respect to credit risk (e.g., remedies available to a lender such as specific performance or injunctive relief) and how should SBA deal with those provisions?

    (h) What type of credit risk policies would be most effective in managing SBA's credit risk with respect to unsecured lines of credit?

    2. Determination of Equity Capital Investments (ECI) in the calculation of an SBIC's maximum allowable Capital Impairment Percentage (CIP). 13 CFR 107.1830(c) defines the maximum allowable CIP for a leveraged SBIC that is not an Early Stage SBIC. If an SBIC exceeds its maximum allowable CIP, it constitutes a condition of Capital Impairment, which is an event of default under the terms of its leverage. 13 CFR 107.1810(f)(5). An SBIC's maximum allowable CIP depends on two variables: (1) the percentage at cost of ECI in the SBIC's portfolio, and (2) the ratio of outstanding leverage to Leverageable Capital.

    Under 13 CFR 107.50, ECI generally means investments in a small business in the form of common or preferred stock, limited partnership interests, options, warrants, or similar equity instruments, including subordinated debt with equity features if such debt provides only for interest payments contingent upon and limited to the extent of earnings. Further, Leverageable Capital means, as more fully described in 13 CFR 107.50, paid-in capital of an SBIC.

    SBA's regulations permit a higher maximum allowable CIP when the percentage of ECI in an SBIC's portfolio is higher in recognition that equity-type investment strategies are inherently riskier and frequently require a longer holding period relative to debt investments before a successful exit can be achieved.

    SBA has observed over the last few years that SBICs seeking to avoid Capital Impairment have converted non-ECI investments to ECI solely for the purpose of attaining an increase in maximum allowable CIP. For example, an SBIC can convert a loan into equity, which would cause the investment to then qualify as ECI. Depending on the circumstances of the SBIC, the converted security could cause the SBIC's maximum allowable CIP to increase and artificially forestall the SBIC from having a condition of Capital Impairment, which creates risk to taxpayers.

    SBA has also observed the deteriorating performance of portfolio companies held in a particular SBIC can likewise result in an SBIC's maximum allowable CIP increasing. Using the example in the prior paragraph, the loan could have been converted to equity as a result of a distressed restructuring of the company. In either case, the increased ECI was not the result of the SBIC making an ECI investment from the outset, but instead converting non-ECI based on the impairment status of the SBIC or the deteriorated status of a small concern.

    SBA aims to prevent conversions specifically and solely intended to artificially increase maximum allowable CIP, because such conversions result in the SBIC having a reduced collateral position in the portfolio company at a time when that collateral may be critical for SBA to obtain a recovery from the SBIC. However, in considering any policy changes to managing its credit risk with respect to ECI, SBA does not seek to create unnecessary burdens for SBICs who may convert an investment to ECI for business reasons unrelated to solely avoiding Capital Impairment (e.g., the exercise of conversion rights prior to a planned IPO). Accordingly, the Agency welcomes comments from the public on how to achieve this objective. Comments may be general in nature and/or answer the following questions:

    (a) Other than the examples provided in this notice, what transactions or circumstances can result in an original non-ECI becoming qualified as an ECI?

    (b) What specific factors should SBA consider in determining that investments are disqualified as ECI for the purposes of calculating an SBIC's maximum allowable CIP?

    (c) Without creating an undue reporting burden on SBICs, how can SBA differentiate between investments converted for legitimate business reasons and those converted for other reasons, including solely to inflate total ECI in the SBIC's portfolio?

    Authority:

    15 U.S.C. 681.

    Javier Saade, Associate Administrator for Investment and Innovation.
    [FR Doc. 2015-16430 Filed 7-2-15; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14334 and #14335] Texas Disaster Number TX-00447 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Amendment 4.

    SUMMARY:

    This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA-4223-DR), dated 05/29/2015.

    Incident: Severe Storms, Tornadoes, Straight-Line Winds and Flooding.

    Incident Period: 05/04/2015 through 06/19/2015.

    Effective Date: 06/24/2015.

    Physical Loan Application Deadline Date: 07/28/2015.

    EIDL Loan Application Deadline Date: 02/29/2016.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    Alan Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.

    SUPPLEMENTARY INFORMATION:

    The notice of the Presidential disaster declaration for the State of TEXAS, dated 05/29/2015 is hereby amended to include the following areas as adversely affected by the disaster:

    Primary Counties: (Physical Damage and Economic Injury Loans): Fayette. Contiguous Counties: (Economic Injury Loans Only): Texas; Colorado; Lavaca; Washington.

    All other information in the original declaration remains unchanged.

    (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.
    [FR Doc. 2015-16429 Filed 7-2-15; 8:45 am] BILLING CODE 8025-01-P
    SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2014-0051] Privacy Act of 1974, as Amended; Computer Matching Program (Social Security Administration (SSA)/Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA))—Match Number 1309 AGENCY:

    Social Security Administration (SSA).

    ACTION:

    Notice of a renewal of an existing computer matching program that will expire on April 01, 2015.

    SUMMARY:

    In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program that we are currently conducting with VA/VBA.

    DATES:

    We will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; and the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The matching program will be effective as indicated below.

    ADDRESSES:

    Interested parties may comment on this notice by either telefaxing to (410) 966-0869 or writing to the Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, Social Security Administration, 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401. All comments received will be available for public inspection at this address.

    FOR FURTHER INFORMATION CONTACT:

    The Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, as shown above.

    SUPPLEMENTARY INFORMATION: A. General

    The Computer Matching and Privacy Protection Act of 1988 (Pub. L.100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the conditions under which computer matching involving the Federal government could be performed and adding certain protections for persons applying for, and receiving, Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such persons.

    The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, or local government records. It requires Federal agencies involved in computer matching programs to:

    (1) Negotiate written agreements with the other agency or agencies participating in the matching programs;

    (2) Obtain approval of the matching agreement by the Data Integrity Boards of the participating Federal agencies;

    (3) Publish notice of the computer matching program in the Federal Register;

    (4) Furnish detailed reports about matching programs to Congress and OMB;

    (5) Notify applicants and beneficiaries that their records are subject to matching; and

    (6) Verify match findings before reducing, suspending, terminating, or denying a person's benefits or payments.

    B. SSA Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of our computer matching programs comply with the requirements of the Privacy Act, as amended.

    Kirsten J. Moncada, Executive Director, Office of Privacy and Disclosure, Office of the General Counsel. Notice of Computer Matching Program, SSA With the Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA) A. Participating Agencies

    SSA and VA/VBA

    B. Purpose of the Matching Program

    The purpose of this matching program is to provide us with VA compensation and pension payment data. This disclosure will provide us with information necessary to verify an individual's self-certification of eligibility for the Extra Help with Medicare Prescription Drug Plan Costs program (Extra Help). It will also enable us to identify individuals who may qualify for Extra Help as part of our Medicare outreach efforts.

    C. Authority for Conducting the Matching Program

    The legal authority for VA to disclose information under this agreement is 1631(f) of the Social Security Act (Act) (42 U.S.C. 1383(f)). The legal authorities for us to conduct this computer matching are 1860D-14(a)(3), 1144(a)(1), and 1144(b)(1) of the Act (42 U.S.C. 1395w-114 and 1320b-14).

    D. Categories of Records and Persons Covered by the Matching Program 1. Systems of Records

    VA will provide us with electronic files containing compensation and pension payment data from its system of records (SOR) entitled “Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records-VA” (58VA/21/22/28), republished with updated name at 74 FR 14865 (April 1, 2009) and last amended at 77 FR 42593 (July 19, 2012).

    We will match the VA data with our SOR 60-0321, Medicare Database (MDB), last published at 71 FR 42159 (July 25, 2006).

    2. Number of Records

    VA's data file will consist of approximately 4.9 million electronic records. Our comparison file contains approximately 90 million records obtained from the MDB. The number of people who apply for Extra Help determines in part the number of records matched.

    3. Specified Data Elements

    We will conduct the match using the Social Security number, name, date of birth, and VA claim number on both the VA file and the MDB.

    4. Frequency of Matching

    VA will furnish us with an electronic file containing VA compensation and pension payment data monthly. The actual matching will take place approximately the first week of every month.

    E. Inclusive Dates of the Matching Program

    The effective date of this matching program is April 02, 2015 provided that the following notice periods have lapsed: 30 days after publication of this notice in the Federal Register and 40 days after notice of the matching program is sent to Congress and OMB. The matching program will continue for 18 months from the effective date and, if both agencies meet certain conditions, it may extend for an additional 12 months thereafter.

    [FR Doc. 2015-16433 Filed 7-2-15; 8:45 am] BILLING CODE 4191-02-P
    OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences (GSP): Notice of a GSP Product Review, Including Possible Actions Related to Competitive Need Limitations AGENCY:

    Office of the United States Trade Representative.

    ACTION:

    Notice of hearing and solicitation of petitions and comments.

    SUMMARY:

    This notice announces a review of products under the Generalized System of Preferences (GSP) program that based on full-year 2014 import data, are subject to certain actions related to competitive need limitations (CNLs). The review will also consider the proposed designation for GSP eligibility of five cotton products from least developed beneficiary developing countries (LDBDCs).

    The Office of the United States Trade Representative (USTR) will accept petitions by interested parties seeking waivers of CNLs for certain products submitted by July 31, 2015. USTR will also accept comments from the public submitted by July 31, 2015, regarding: (1) Possible de minimis CNL waivers, (2) possible redesignations of articles not currently eligible for GSP benefits, (3) possible revocation of CNL waivers, and (4) the proposed designation for GSP eligibility for LDBDCs of the five cotton products. This notice also sets forth the schedule for submitting comments and for a public hearing on prospective CNL waiver petitions and the proposed designation of the cotton products.

    DATES:

    July 31, 2015: Deadline for petitions requesting waivers of CNLs and for all other written comments in response to this notice.

    July 31, 2015: Deadline for pre-hearing briefs and requests to appear at the August 11 public hearing regarding CNL waiver petitions and the proposed designation of the cotton products.

    August 11, 2015: The GSP Subcommittee of the Trade Policy Staff Committee (TPSC) will convene a public hearing on CNL waiver petitions and the proposed designation of the cotton products.

    August 18, 2015: Deadline for submission of post-hearing briefs and comments.

    FOR FURTHER INFORMATION CONTACT:

    Marin Weaver, GSP Program, Office of the United States Trade Representative. The telephone number is (202) 395-2974, the fax number is (202) 395-9674, and the email address is [email protected].

    SUPPLEMENTARY INFORMATION:

    I. Competitive Need Limitations

    The GSP program provides for the duty-free importation of designated articles imported from designated beneficiary developing countries (BDCs). The GSP program is authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.), as amended (“the 1974 Act”). The GSP program expired on July 31, 2013. GSP was reauthorized on June 29, 2015, by the Trade Preferences Extension Act of 2015. The GSP program is now effective through December 31, 2017, with retroactive effect through July 31, 2013.

    Section 503(c)(2)(A) of the 1974 Act sets out the two CNLs. When the President determines that a BDC exported to the United States during a calendar year either: (1) A quantity of a GSP-eligible article having a value in excess of the applicable amount for that year ($165 million for 2014), or (2) a quantity of a GSP-eligible article having a value equal to or greater than 50 percent of the value of total U.S. imports of the article from all countries (the “50 percent” CNL), the President must terminate GSP duty-free treatment for that article from that BDC by no later than July 1 of the next calendar year, unless a waiver is granted. The Trade Preferences Extension Act of 2015 provides that the applicable deadline for all CNL-related actions based on import data from 2014, will be October 1, 2015.

    De minimis waivers: Under section 503(c)(2)(F) of the 1974 Act, the President may waive the 50 percent CNL with respect to an eligible article imported from a BDC if the value of total imports of that article from all countries during the calendar year did not exceed the applicable de minimis amount for that year ($22 million for 2014).

    Redesignations: Under section 503(c)(2)(C) of the 1974 Act, if imports of an eligible article from a BDC ceased to receive duty-free treatment due to exceeding a CNL in a prior year, the President may, subject to the considerations in sections 501 and 502 of the 1974 Act, redesignate such an article for duty-free treatment if imports in the most recently completed calendar year did not exceed the CNLs.

    CNL waiver revocation: Under Section 503(d)(5) of the 1974 Act, a CNL waiver remains in effect until the President determines that it is no longer warranted due to changed circumstances. Section 503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432, also provides that, “[n]ot later than July 1 of each year, the President should revoke any waiver that has then been in effect with respect to an article for five years or more if the beneficiary developing country has exported to the United States (directly or indirectly) during the preceding calendar year a quantity of the article—(I) having an appraised value in excess of 1.5 times the applicable amount set forth in subsection (c)(2)(A)(ii) for that calendar year ($247.5 million in 2012); or (II) exceeding 75 percent of the appraised value of the total imports of that article into the United States during that calendar year.”

    Pursuant to the Trade Preferences Extension Act of 2015, exclusions from GSP duty-free treatment where CNLs have been exceeded for calendar year 2014 will be effective October 1, 2015, unless granted a waiver by the President. Any CNL-based exclusions, CNL waiver revocations, and decisions with respect to de minimis waivers and redesignations will be based on full 2014 calendar year import data.

    II. 2014 Import Statistics

    In order to provide notice of articles that have exceeded the CNLs for 2014 and to afford an opportunity for comment regarding (1) potential de minimis waivers, (2) potential redesignations, and (3) the potential revocation of waivers for articles exceeding the CNL waiver thresholds for 2014, USTR has posted product lists on the USTR Web site at https://ustr.gov/issue-areas/trade-development/preference-programs/generalized-system-preference-gsp/current-review-0 under the title “GSP: 2014/2015 Limited Product Review.” These lists can also be found at www.regulations.gov in Docket Number USTR-2015-0007. Full 2014 calendar year data for individual tariff subheadings may also be viewed on the Web site of the U.S. International Trade Commission at http://dataweb.usitc.gov.

    The lists available on the USTR Web site contain, for each article, the Harmonized Tariff System (HTS) of the United States subheading and BDC country of origin, the value of imports of the article from the subject BDC for the 2014 calendar year, and that country's share of total U.S. imports of that article.

    List I on the USTR Web site shows the following two GSP-eligible articles—both from Thailand—that exceeded a CNL in 2014 by having been exported in a quantity equal to or greater than 50 percent of the total U.S. import value, in 2014:

    • HTS 2008.19.15—Coconuts otherwise prepared or preserved; and • HTS 7408.29.10—Copper alloys (other than brass, cupro-nickel or nickel-silver), wire, coated or plated with metal These products will be removed from eligibility for GSP for the subject countries on October 1, 2015, unless the President grants a waiver for the product for Thailand in response to a petition filed by an interested party.

    List II identifies GSP-eligible articles from BDCs that are above the 50 percent CNL, but that are eligible for a de minimis waiver of the 50 percent CNL. Articles eligible for de minimis waivers are automatically considered in the GSP annual review process, without the filing of a petition.

    List III shows GSP-eligible articles from certain BDCs that are currently not receiving GSP duty-free treatment but that may be considered for GSP redesignation based on 2014 trade data and consideration of certain statutory factors.

    List IV shows the following three articles from specified BDCs that are subject to CNL waiver revocation based on the provisions of Section 503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432:

    • HTS 4412.31.40—(for Indonesia) Certain plywood sheets not over 6 mm thick; • HTS 7413.00.10—(for Turkey) Certain copper, stranded wire; • HTS 7413.00.50—(for Turkey) Certain copper cables and plaited bands.

    Petitions from interested parties seeking a waiver of the application of CNLs for the two products on List I, and comments from the public in support of or in opposition to CNL waivers, revocations of CNL waivers, and redesignation of products are invited in accordance with the Requirements for Submissions below.

    III. Possible Designation of New Products

    Pursuant to authority granted to the President in Section 202 of the Trade Preferences Extension Act of 2015 and consistent with USTR's December 2011 announcement of trade initiatives intended to enable least-developed countries to benefit more fully from global trade, five cotton products are being considered for GSP eligibility for LDBDCs at the initiative of USTR. These include:

    • HTS 5201.00.18, 5201.00.28, and 5201.00.38—Certain cotton, not carded or combed, of various specified staple lengths • HTS 5202.99.30—Certain cotton card strips made from cotton waste; and • HTS 5203.00.30—Certain cotton fibers, carded or combed.

    Comments from the public in support of or in opposition to designation of the proposed product additions are invited in accordance with the Requirements for Submissions below.

    IV. Petitions and Public Comments

    The GSP regulations (15 CFR part 2007) provide the schedule of dates for conducting an annual review unless otherwise specified in a notice published in the Federal Register. The schedule for the 2015 GSP Annual Review will be notified at a later date in the Federal Register.

    In the interim, and pursuant to Section 203 of the Trade Preferences Extension Act of 2015, the GSP Subcommittee of the TPSC will conduct a limited GSP review encompassing products that, based on full-year 2014 import data, are subject to CNL-related actions, including exclusions, waivers, and revocation of waivers, as well as redesignations. These products appear on Lists I—IV described above. In addition, the review will also consider the designation of the five cotton products mentioned above as eligible for GSP benefits for LDBDCs of the GSP program.

    As part of this limited GSP product review, the GSP Subcommittee will accept petitions from interested parties seeking a waiver of the application of CNLs for the two products on List I, described above. The GSP Subcommittee also invites comments in support of or in opposition to: (1) The CNL waiver petitions which it is anticipated will be submitted for the two products on List I; (2) de minimis waivers of CNLs (see List II); (3) redesignations of products that were previously excluded from certain countries based on CNLs (see List III); (4) revocation of CNL waivers (see List IV); and (5) the proposed addition to GSP eligibility for LDBDCs only of the five cotton products listed above.

    Procedures for submission of both petitions and written comments are described in Section VI below.

    V. Notice of Public Hearing

    In addition to comments from the public on the matters listed above, the GSP Subcommittee of the TPSC will convene a public hearing at 9:30 a.m. on Tuesday, August 11, 2015, to receive testimony related to (1) the CNL waiver petitions for products on List I, and (2) the proposed designation of the five cotton products. The hearing will not address de minimis waivers, product redesignations, or CNL waiver revocations.

    The hearing will be held at 1724 F Street NW., Washington, DC 20508 and will be open to the public and to the press. A transcript of the hearing will be made available on http://www.regulations.gov within approximately two weeks of the hearing.

    All interested parties wishing to make an oral presentation at the hearing must submit, following the “Requirements for Submissions” set out below, the name, address, telephone number, and email address, if available, of the witness(es) representing their organization by 5 p.m., Friday, July 31, 2015. Requests to present oral testimony must be accompanied by a written brief or summary statement, in English, and also must be received by 5 p.m., Friday, July 31, 2015. Oral testimony before the GSP Subcommittee will be limited to five-minute presentations that summarize or supplement information contained in briefs or statements submitted for the record. Post-hearing briefs or statements will be accepted if they conform with the requirements set out below and are submitted, in English, by 5 p.m., Tuesday, August 18, 2015. Parties not wishing to appear at the public hearing may submit pre-hearing and post-hearing briefs or comments by the aforementioned deadlines.

    VI. Requirements for Submissions

    Written comments submitted in response to this notice, including petitions for CNL waivers, must be submitted electronically by 5:00 p.m., July 31, 2015, using www.regulations.gov, docket number USTR-2015-0007. Instructions for submitting business confidential versions are provided below. Hand-delivered submissions will not be accepted. Comments must be submitted in English to the Chairman of the GSP Subcommittee of the TPSC.

    For CNL waiver petitions only: CNL waiver petitions must conform to the GSP regulations set forth at 15 CFR part 2007, except as modified below. These regulations are available on the USTR Web site at http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/gsp-program-inf. Any person or party submitting a CNL waiver petition is strongly advised to review the GSP regulations as well as the GSP Guidebook, which is available at the same link. The requirements for CNL waiver petitions do not apply to other written submissions in response to this notice.

    To make a written comment or to submit a CNL waiver petition using http://www.regulations.gov, enter the docket number for this review—USTR-2015-0007—in the “Search for” field on the home page and click “Search.” The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting “Notice” under “Document Type” in the “Filter Results by” section on the left side of the screen and click on the link entitled “Comment Now.” The http://www.regulations.gov Web site offers the option of providing comments by filling in a “Type Comment” field or by attaching a document using the “Upload file(s)” field. The GSP Subcommittee prefers that submissions be provided in an attached document. At the beginning of the submission, or on the first page (if an attachment), please note that the submission is in response to this Federal Register notice and indicate the specific product(s) that is the subject of the comment and on which of the relevant lists described above, (e.g., List I) it appears. Submissions should not exceed 30 single-spaced, standard letter-size pages in 12-point type, including attachments. Any data attachments to the submission should be included in the same file as the submission itself, and not as separate files.

    Each submitter will receive a submission tracking number upon completion of the submissions procedure at http://www.regulations.gov. The tracking number will be the submitter's confirmation that the submission was received into http://www.regulations.gov. The confirmation should be kept for the submitter's records. USTR is not able to provide technical assistance for the Web site. Documents not submitted in accordance with these instructions may not be considered in this review. If an interested party is unable to provide submissions as requested, please contact the GSP program at USTR to arrange for an alternative method of transmission.

    Business Confidential Submissions

    An interested party requesting that information contained in a submission be treated as business confidential information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such. The submission must be marked “BUSINESS CONFIDENTIAL” at the top and bottom of the cover page and each succeeding page, and the submission should indicate, via brackets, the specific information that is confidential. Additionally, “Business Confidential” must be included in the “Type Comment” field. For any submission containing business confidential information, a non-confidential version must be submitted separately (i.e., not as part of the same submission with the confidential version), indicating where confidential information has been redacted. The non-confidential version will be placed in the docket and open to public inspection.

    Public Viewing of Review Submissions

    Submissions in response to this notice, except for information granted “business confidential” status under 15 CFR 2003.6, will be available for public viewing pursuant to 15 CFR 2007.6 at http://www.regulations.gov upon completion of processing. Such submissions may be viewed by entering the country-specific docket number in the search field at http://www.regulations.gov.

    William D. Jackson, Deputy Assistant U.S. Trade Representative for the Generalized System of Preferences, Office of the U.S. Trade Representative.
    [FR Doc. 2015-16498 Filed 7-2-15; 8:45 am] BILLING CODE 3290-F5-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Office of Commercial Space Transportation; Notice of Availability of the Final Environmental Assessment (Final EA), Finding of No Significant Impact (FONSI), and Record of Decision (ROD) for the Houston Spaceport, City of Houston, Harris County, Texas AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation.

    ACTION:

    Notice of Availability of the Final EA and FONSI/ROD.

    SUMMARY:

    In accordance with the National Environmental Policy Act of 1969, as amended (NEPA; 42 United States Code 4321 et seq.), Council on Environmental Quality NEPA implementing regulations (40 Code of Federal Regulations parts 1500 to 1508), and FAA Order 1050.1E, Change 1, Environmental Impacts: Policies and Procedures, the FAA is announcing the availability of the Final EA and FONSI/ROD for the Houston Spaceport.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Daniel Czelusniak, Office of Commercial Space Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Suite 325, Washington DC 20591; phone (202) 267-5924; or email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Final EA was prepared to analyze the potential environmental impacts of Houston Airport System's (HAS's) proposal to establish and operate a commercial space launch site at the Ellington Airport (EFD), in Houston, Texas and offer the site to prospective commercial space launch operators for the operation of horizontal take-off and horizontal landing Concept X and Concept Z reusable launch vehicles (RLVs). To operate a commercial space launch site, HAS must obtain a commercial space launch site operator license from the FAA. Under the Proposed Action addressed in the Final EA, the FAA would: (1) Issue a launch site operator license to HAS for the operation of a commercial space launch site at EFD; (2) issue launch licenses to prospective commercial space launch operators that would allow them to conduct launches of horizontal take-off and horizontal landing Concept X and Concept Z RLVs from EFD, and (3) provide unconditional approval to the Airport Layout Plan (ALP) modifications that reflect the designation of a spaceport boundary and construction of planned spaceport facilities and infrastructure. Proposed launch operations would begin in 2015 and continue through 2019 in accordance with the terms of the launch site operator license. HAS proposes to provide RLV operators the ability to conduct up to 50 launches and landings (or 100 operations) per year, with approximately five percent of the operations expected to occur during night-time hours.

    The Final EA addresses the potential environmental impacts of implementing the Proposed Action and the No Action Alternative. Under the No Action Alternative, the FAA would not issue a launch site operator license to HAS, and thus no launch licenses would be issued to individual commercial space launch vehicle operators to operate at EFD. Also, there would be no need to update the EFD ALP, and thus there would be no FAA approval of a revised ALP. Existing operations would continue at EFD, which is currently classified as a general aviation reliever airport.

    The environmental impact categories considered in the Final EA include air quality; climate; coastal resources; compatible land use; Department of Transportation Act: Section 4(f); fish, wildlife, and plants; floodplains; hazardous materials, pollution prevention, and solid waste; historical, architectural, archaeological, and cultural resources; light emissions and visual impacts; natural resources and energy supply; noise; socioeconomics, environmental justice, and children's environmental health and safety risks; water quality; and wetlands. The Final EA also considers the potential secondary (induced) impacts and cumulative impacts.

    The FAA has posted the Final EA and FONSI/ROD on the FAA Office of Commercial Space Transportation Web site: http://www.faa.gov/about/office_org/headquarters_offices/ast/environmental/nepa_docs/review/operator/.

    The FAA published a Notice of Availability (NOA) of the Draft EA in the Federal Register on December 31, 2014. The NOA was also published in the Houston Chronicle on January 7, 2015, and in the Bay Area Citizen, Pasadena Citizen, Friendswood Journal, and Pearl Journal on January 8, 2015. An electronic version of the Draft EA was also made available on the FAA Web site. In addition, the FAA printed and mailed a copy of the Draft EA to the following libraries: Clear Lake City-County Freeman Branch Library, Friendswood Public Library, Alvin Library, Hitchcock Public Library, and Reagan County Library. The FAA held an open house public meeting on January 22, 2015 from 5:30 p.m. to 8:30 p.m. at the Space Center Houston, Silvermoon Conference Room. The public comment period ended on January 31, 2015. Public comments on the Draft EA resulted in minor changes to the EA.

    Issued in Washington, DC on June 24, 2015. Daniel Murray, Manager, Space Transportation Development Division.
    [FR Doc. 2015-16464 Filed 7-2-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2015-39] Petition for Exemption; Summary of Petition Received AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of petition for exemption received.

    SUMMARY:

    This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (14 CFR). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

    DATES:

    Comments on this petition must identify the petition docket number involved and must be received on or before July 27, 2015.

    ADDRESSES:

    You may send comments identified by docket number FAA-2014-0661 using any of the following methods:

    Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments digitally.

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

    Fax: Fax comments to the Docket Management Facility at 202-493-2251.

    Hand Delivery: Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78).

    Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Deana Stedman, ANM-113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356, email [email protected], phone (425) 227-2148; or Sandra Long, ARM-200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email [email protected], phone (202) 267-4714.

    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 26, 2015. Brenda D. Cortney, Acting Director, Office of Rulemaking. Petition For Exemption

    Docket No.: FAA-2014-0661

    Petitioner: The Boeing Company

    Section of 14 CFR Affected:

    14 CFR 25.979(d) and (e)

    Description of Relief Sought:

    The petitioner requests relief from the use of industry standard pressures for onloads and offloads installations of the 767-2C modified supplemental type certificate (STC) to ensure consistency within the current military fleet. The baseline 767-2C aircraft will be modified to be an in-flight tanker and receiver. The onload and offload installations could experience surge pressures that approach 240 pounds per square inch gage (PSIG). The baseline 767-2C aircraft designed to the maximum burst pressure of 360 PSIG will not meet the regulatory requirement of 2.0 times the ultimate load at maximum pressures, including surge.

    [FR Doc. 2015-16495 Filed 7-2-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2015-38 ] Petition for Exemption; Summary of Petition Received AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of petition for exemption received.

    SUMMARY:

    This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (14 CFR). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

    DATE:

    Comments on this petition must identify the petition docket number involved and must be received on or before July 16, 2015.

    ADDRESSES:

    You may send comments identified by docket number FAA-2014-1042 using any of the following methods:

    • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments digitally.

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

    • Fax: Fax comments to the Docket Management Facility at 202-493-2251.

    • Hand Delivery: Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78).

    Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Deana Stedman, ANM-113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356, email [email protected], phone (425) 227-2148; or Sandra K. Long, ARM-200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email [email protected], phone (202) 267-4714.

    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 26, 2015. Brenda D. Courtney, Acting Director, Office of Rulemaking. Petition for Exemption

    Docket No.: FAA-2014-1042

    Petitioner: The Boeing Company

    Section of 14 CFR Affected: 14 CFR 25.981(a)(3)

    Description of Relief Sought: The petitioner seeks an exemption from the requirements of Amendment 25-125, in accordance with FAA Policy PS-ANM-25.981-02 dated June 24, 2014, with respect to fuel tank ignition prevention for 737-7, 737-8, and 737-9 airplanes.

    [FR Doc. 2015-16494 Filed 7-2-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. DOT-NHTSA-2015-0084] Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review; Request for Comments on a New Information Collection AGENCY:

    National Highway Traffic Safety Administration (NHTSA), DOT.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 26, 2015.

    DATES:

    Comments must be submitted on or before August 5, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Wayne McKenzie, Office of Crash Avoidance Standards (NVS-121), National Highway Traffic Safety Administration, West Building W43-462, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. McKenzie can be reached at (202) 366-1729.

    SUPPLEMENTARY INFORMATION:

    Title: 49 CFR Section 571.108, Compliance Labeling of Retroreflective Materials Heavy Trailer Conspicuity.

    OMB Control Number: 2127-0569.

    Type of Request: Extension of a currently approved collection.

    Abstract: Federal Motor Vehicle Safety Standard No. 108, “Lamps, reflective devices, and associated equipment,” specifies requirements for vehicle lighting for the purposes of reducing traffic accidents and their tragic results by providing adequate roadway illumination, improved vehicle conspicuity, appropriate information transmission through signal lamps, in both day, night, and other conditions of reduced visibility. For certifications and identification purposes, the Standard requires the permanent marking of the letters “DOT-C2,” DOT-C3”, or DOT-C4” at least 3mm high at regular intervals on retroreflective sheeting material having adequate performance to provide effective trailer conspicuity.

    The manufacturers of new tractors and trailers are required to certify that their products are equipped with retroreflective material complying with the requirements of the standard. The Federal Motor Carriers Safety Administration (FMCSA) enforces this and other standards through roadside inspections of trucks. There is no practical field test for the performance requirements, and labeling is the only objective way of distinguishing trailer conspicuity grade material from lower performance material. Without labeling, FMCSA will not be able to enforce the performance requirements of the standard and the compliance testing of new tractors and trailers will be complicated. Labeling is also important to small trailer manufacturers because it may help them certify compliance. Because wider stripes or material of lower brightness also can provide the minimum safety performance, the marking system serves the additional role of identifying the minimum stripe width required for retroreflective conspicuity of the particular material.

    Affected Public: Businesses or other for profit organizations.

    Estimated Number of Respondents: 6.

    Estimated Number of Responses: 6.

    Annual Estimated Total Annual Burden Hours: 1 hour.

    Frequency of Collection:

    ADDRESSES:

    Send comments regarding the burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, 725 17th Street NW., Washington, DC 20503.

    Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48.

    Raymond R. Posten, Associate Administrator for Rulemaking.
    [FR Doc. 2015-16402 Filed 7-2-15; 8:45 am] BILLING CODE 4910-59-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2013-0139; Notice 1] Aston Martin Lagonda Limited, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY:

    National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).

    ACTION:

    Receipt of petition.

    SUMMARY:

    Aston Martin Lagonda Limited (AML) has determined that certain MY 2009-2013 Aston Martin passenger cars do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. AML has filed an appropriate report dated November 4, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

    DATES:

    The closing date for comments on the petition is August 5, 2015.

    ADDRESSES:

    Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and submitted by any of the following methods:

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

    • Hand Deliver: Deliver comments by hand to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays.

    • Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493-2251.

    Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT's complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477-78).

    The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below.

    SUPPLEMENTARY INFORMATION:

    I. AML's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, AML submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety.

    This notice of receipt of AML's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition.

    II. Vehicles Involved: Affected are approximately 3,282 of the following AML model passenger cars manufactured from September 2009 through October 2013:

    Model Registered AMLNA fleet Dealer un-registered Build range DB9 Coupe 211 41 10/09-10/13 DB9 Volante 225 53 10/09-10/13 DBS Coupe 153 1 10/09-08/12 DBS Volante 147 1 10/09-08/12 Virage Coupe 120 0 12/10-08/12 Virage Volante 156 0 12/10-08/12 V8 Vantage Coupe 385 54 10/09-10/13 V8 Vantage Roadster 279 56 10/09-10/13 V8 Vantage S Coupe 170 9 06/10-10/13 V8 Vantage S Roadster 122 12 06/10-10/13 Rapide 671 0 09/09-02/13 Rapide S 74 65 01/13-10/13 Vanquish Coupe 197 80 09/12-10/13 Total 2,910 372 N/A

    III. Noncompliance: AML explains that during testing of the TPMS it was noted that the fitment of an incompatible wheel and tire unit was correctly detected and the malfunction indicator illuminated as required by FMVSS No. 138. However, when the vehicle ignition was deactivated and then reactivated after a five minute period, there was no immediate re-illumination of the malfunction indicator as required when the malfunction still exists. Although the malfunction indicator does not re-illuminate immediately after the vehicle ignition is reactivated, it does illuminate within 40 seconds after the vehicle accelerates above 23 mph.

    Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part:

    S4.4 TPMS Malfunction.

    (c) Combination low tire pressure/TPMS malfunction telltale. The vehicle meets the requirements of S4.4(a) when equipped with a combined Low Tire Pressure/TPMS malfunction telltale that:

    (2) Flashes for a period of at least 60 seconds but no longer than 90 seconds upon detection of any condition specified in S4.4(a) after the ignition locking system is activated to the “On” (“Run”) position. After each period of prescribed flashing, the telltale must remain continuously illuminated as long as a malfunction exists and the ignition locking system is in the “On” (“Run”) position. This flashing and illumination sequence must be repeated each time the ignition locking system is placed in the “On” (“Run”) position until the situation causing the malfunction has been corrected. . . .

    V. Summary of AML's Analyses: AML stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons:

    (A) AML stated that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it generally will illuminate shortly thereafter, and in any event it will illuminate in no more than about 40 seconds, even in vehicles containing the noncompliance. Once a vehicle has started and is accelerating above 23 mph for a period of 15 seconds, the TPMS will seek to confirm the sensors fitted to the vehicle. If a sensor is not fitted, the TPMS will detect this within a further period of 15-20 seconds (up to a maximum of 25 seconds) and the TPMS malfunction indicator will illuminate correctly. Once the malfunction indicator is illuminated, it will remain illuminated throughout that ignition cycle, regardless of the vehicle's speed.

    (B) AML also stated that if the TPMS fails to detect the wheel sensors, the TPMS monitor will display on the TPMS pressures screen “—” warning the driver that the status of the wheel sensor is unconfirmed. Once the vehicle starts moving, the system will then accurately determine if a sensor is present or not.

    (C) AML says that the noncompliance is confined to one particular aspect of the functionality of the otherwise compliant TPMS malfunction indicator. All other aspects of the low-pressure monitoring system functionality are fully compliant with the requirements of FMVSS No. 138.

    (D) AML is not aware of any customer complaints, field communications, incidents or injuries related to this condition.

    AML has additionally informed NHTSA that all unsold vehicles in AML's custody and control will have the TPMS Electronic Control Unit reprogrammed prior to being sold.

    In summation, AML believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt AML from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted.

    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that AML no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after AML notified them that the subject noncompliance existed.

    Authority:

    49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8.

    Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance.
    [FR Doc. 2015-16439 Filed 7-2-15; 8:45 am] BILLING CODE 4910-59-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board Information Collection Activities: Statutory Licensing and Consolidation Authority AGENCY:

    Surface Transportation Board, DOT.

    ACTION:

    60-day notice and request for comments.

    SUMMARY:

    As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of approval for the information collections required from those seeking licensing authority under 49 U.S.C. 10901-03 and consolidation authority under §§ 11323-26.

    Under these Title 49 provisions, rail carriers and non-carriers are required to file an application with the Board, or seek an exemption (through petition or notice) from the full application process under § 10502, before they may construct, acquire, or operate a line of railroad; abandon or discontinue operations over a line of railroad; or consolidate their interests through a merger or common-control arrangement. The relevant information collections are described in more detail below.

    Comments are requested concerning: The accuracy of the Board's burden estimates; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.

    Description of Collections

    Title: Statutory Licensing and Consolidation Authority.

    OMB Control Number: 2140-0023.

    STB Form Number: None.

    Type of Review: Extension without change.

    Respondents: Rail carriers and non-carriers seeking statutory licensing or consolidation authority or an exemption from filing an application for such authority.

    Number of Respondents: 64.1

    1 Approximately 40% of the filings were additional filings submitted by railroads that had already submitted filings during the time period. Therefore, the number of respondents (64) is approximately 40% less than the number of filings (106).

    Frequency: On occasion.

    Table—Number of Responses in FY 2011 Type of filing Number of filings under 49 U.S.C. 10901-03 and 11323-26 Applications 2 Petitions * 18 Notices * 103 * Under § 10502, petitions for exemption and notices of exemption are permitted in lieu of an application.

    Total Burden Hours (annually including all respondents): 4,049 hours (sum total of estimated hours per response × number of responses for each type of filing).

    Table—Estimated Hours per Response Type of filing Number of hours per response under 49 U.S.C. 10901-03 and 11323-26 Applications 524 Petitions * 58 Notices * 19 * Under § 10502, petition for exemptions and notices of exemption are permitted in lieu of an application.

    Total “Non-hour Burden” Cost (such as filing fees): None identified. Filings are submitted electronically to the Board.

    Needs and Uses: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (1995), persons seeking to construct, acquire or operate a line of railroad and railroads seeking to abandon or to discontinue operations over a line of railroad or, in the case of two or more railroads, to consolidate their interests through merger or a common-control arrangement are required to file an application for prior approval and authority with the Board. See 49 U.S.C. 10901-03 and 11323-26. Under 49 U.S.C. 10502, persons may seek an exemption from many of the application requirements of §§ 10901-03 and 11323-26 by filing with the Board a petition for exemption or notice of exemption in lieu of an application. The collection by the Board of these applications, petitions, and notices enables the Board to meet its statutory duty to regulate the referenced rail transactions. See Table—Statutory and Regulatory Provisions below.

    Retention Period: Information in these collections is maintained by Board for 10 years, after which it is transferred to the National Archives as permanent records.

    DATES:

    Comments on this information collection should be submitted by September 4, 2015.

    ADDRESSES:

    Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or to [email protected] When submitting comments, please refer to “Statutory Licensing and Consolidation Authority.” For further information regarding this collection, contact [email protected] or Chris Oehrle at (202) 245-0271. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.] Filings made in responses to this collection are available on the Board's Web site at www.stb.dot.gov.

    SUPPLEMENTARY INFORMATION:

    Under §§ 10901-03 and 11323-26, an application is required to seek authority under these sections, unless an applicant receives an exemption under 49 U.S.C. 10502. Respondents seeking such authority from the Board must submit certain information required under the Board's related regulations. The table below shows the statutory and regulatory provisions under which the Board requires the information collections that are the subject of this notice.

    Table—Statutory and Regulatory Provisions * Certificate required Statutory
  • provision
  • Regulations
    Construct, Acquire, or Operate Railroad Lines 49 U.S.C. 10901 49 CFR Part 1150. Short Line purchases by Class II and Class III Rail Carriers 49 U.S.C. 10902 49 CFR 1150.41-45. Abandonments and Discontinuances 49 U.S.C. 10903 49 CFR Part 1152. Railroad Acquisitions, Trackage Rights, and Leases 49 U.S.C. 11323-26 49 CFR Part 1180. * STB regulations may be viewed on the STB Web site under E-Library > Reference: STB Rules (http://www.stb.dot.gov/stb/elibrary/ref_stbrules.html).

    Under the PRA, a Federal agency conducting or sponsoring a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(c)(2)(A) of the PRA, Federal agencies are required to provide, prior to an agency's submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information.

    Dated: June 29, 2015. Jeffrey Herzig, Clearance Clerk.
    [FR Doc. 2015-16447 Filed 7-2-15; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board Information Collection Activities: Statutory Authority To Preserve Rail Service AGENCY:

    Surface Transportation Board, DOT.

    ACTION:

    60-day notice and request for comments.

    SUMMARY:

    As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of the information collections required under 49 U.S.C. 10904-05 and 10907, and 16 U.S.C. 1247(d).

    Under these statutory provisions, the Board administers programs designed to preserve railroad service or rail rights-of-way. When a line is proposed for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board: An offer of financial assistance (OFA) to subsidize or purchase a rail line for which a railroad is seeking abandonment (49 U.S.C. 10904), including a request for the Board to set terms and conditions of the financial assistance; a request for a public use condition (§ 10905); or a trail-use request (16 U.S.C. 1247(d)). Similarly, when a line is placed on a system diagram map identifying it as an anticipated or potential candidate for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board a feeder line application to purchase the identified rail line (§ 10907). When a line is so placed on the map, the feeder line applicant need not demonstrate that the public convenience and necessity require or permit the sale of the line, but need only pay the constitutional minimum value to acquire it. Additionally, the railroad owning the rail line subject to abandonment must, in some circumstances, provide information to the applicant or offeror. The relevant information collections are described in more detail below.

    Comments are requested concerning: (1) The accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology when appropriate; and (4) whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.

    Description of Collections

    Title: Statutory Authority to Preserve Rail Service.

    OMB Control Number: 2140-0022.

    STB Form Number: None.

    Type of Review: Extension without change.

    Respondents: Affected shippers, communities, or other interested persons seeking to preserve rail service over rail lines that are proposed or identified for abandonment, and railroads that are required to provide information to the offeror or applicant.

    Number of Respondents: 40 (including informational filings required of railroads).

    Frequency: On occasion.

    Table—Number of Yearly Responses Type of filing Number of
  • filings
  • Offer of Financial Assistance 1 OFA—Railroad Reply to Request for Information 2 OFA—Request to Set Terms and Conditions 1 Request for Public Use Condition 1 Feeder Line Application 1 Trail-Use Request 27 Trail-Use Request Extension 94

    Total Burden Hours (annually including all respondents): 612 hours (sum total of estimated hours per response X number of responses for each type of filing).

    Table—Estimated Hours per Response Type of filing Number of hours per
  • response
  • Offer of Financial Assistance 32 hours OFA—Railroad Reply to Request for Information 10 hours OFA—Request to Set Terms and Conditions 4 hours Request for Public Use Condition 2 hours Feeder Line Application 70 hours Trail-Use Request 4 hours Trail-Use Request Extension 4 hours

    Total “Non-hour Burden” Cost: None identified. Filings are submitted electronically to the Board.

    Needs and Uses: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (1995), and Section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act), persons seeking to preserve rail service may file pleadings before the Board to acquire or subsidize a rail line for continued service, or to impose a trail use or public use condition. Under 49 U.S.C. 10904, the filing of an OFA starts a process of negotiations to define the financial assistance needed to purchase or subsidize the rail line sought for abandonment. Once the OFA is filed, the offeror may request additional information from the railroad, which the railroad must provide. If the parties cannot agree to the sale or subsidy, either party also may file a request for the Board to set the terms and conditions of the financial assistance. Under § 10905, a public use request allows the Board to impose a 180-day public use condition on the abandonment of a rail line, permitting the parties to negotiate a public use for the rail line. Under § 10907, a feeder line application provides the basis for authorizing an involuntary sale of a rail line. Finally, under 16 U.S.C. 1247(d), a trail-use request, if agreed upon by the abandoning carrier, requires the Board to condition the abandonment by issuing a Notice of Interim Trail Use (NITU) or Certificate of Interim Trail Use (CITU), permitting the parties to negotiate an interim trail use/rail banking agreement for the rail line.

    The collection by the Board of these offers, requests, and applications, and the railroad's replies (when required), enables the Board to meet its statutory duty to regulate the referenced rail transactions. See Table—Statutory and Regulatory Provisions below.

    Retention Period: Information in these collections is maintained by the Board for 10 years, after which it is transferred to the National Archives as permanent records.

    DATES:

    Comments on this information collection should be submitted by September 4, 2015.

    ADDRESSES:

    Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or to [email protected] When submitting comments, please refer to “Statutory Authority to Preserve Rail Service.” For further information regarding this collection, contact [email protected] or Chris Oehrle at (202) 245-0271. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.] Filings made in responses to this collection are available on the Board's Web site at www.stb.dot.gov.

    SUPPLEMENTARY INFORMATION:

    Respondents seeking authority from the Board to preserve rail lines must submit certain information required under the Board's related regulations and, in some circumstances, railroads seeking to abandon a line must disclose certain information to the offeror or applicant.

    Offer of Financial Assistance. When a rail line would otherwise be approved for abandonment (or discontinuance), any financially responsible person may seek to acquire the line for continued rail service (after abandonment has been approved), or may seek to temporarily subsidize continued operations by the incumbent railroad (after abandonment or discontinuance has been approved), by filing an OFA under 49 U.S.C. 10904 and 49 CFR 1152.27. An OFA may be submitted to the Board as soon as the railroad seeks abandonment (or discontinuance) authority. Once an OFA is submitted, the abandoning railroad must, upon request, promptly provide to any party considering an OFA and to the Board an estimate of the annual subsidy or minimum purchase price; a report on the physical condition of line; and data on traffic, revenues, net liquidation value, and the cost to rehabilitate to class I (minimum) track standards. If the parties are not able to agree upon the purchase price or subsidy, then, to move forward, either party may ask the Board to set the price or subsidy, which will be binding upon the parties if the offeror chooses to accept the terms set by the Board and proceed with the purchase.

    Public Use Request. Any person may request that the Board prohibit an abandoning railroad from disposing of the right-of-way—for up to 180 days—without first offering the right-of-way (on reasonable terms) for other suitable public purposes (such as mass transit, pipeline, transmission lines, recreation, etc.). Such requests are governed by 49 U.S.C. 10905 and 49 CFR 1152.28.

    Feeder Line Application. When a line has been identified on a railroad's system diagram map as a potential candidate for abandonment (or discontinuance), but before abandonment (or discontinuance) authority has been sought, any financially responsible person (other than a Class I or II railroad) may, by filing a feeder line application under 49 U.S.C. 10907 and 49 CFR 1151, seek to acquire the line for continued rail service under the forced sale provisions of the feeder railroad development program.

    Trail-Use Request. The Trails Act provides a mechanism whereby any interested person may seek to “railbank” a rail right-of-way that has been approved for abandonment and use the property in the interim as a recreational trail. The Board has a ministerial role in this process; under 49 CFR 1152.29, interested persons may submit a request to the Board for a trail-use condition, and if the statutory conditions are met, the Board must authorize the parties to negotiate a trail-use agreement by issuing a CITU, or, in an exemption proceeding, a NITU. The CITU or NITU typically permit negotiations for 180 days, but the negotiations can be extended upon request to the Board. Under the Trails Act, trail-use agreements are consensual, not forced. The abandoning railroad is free to choose whether or not to enter into or continue negotiations to transfer (all or part of) the right-of-way to a trail sponsor.

    Under the PRA, a Federal agency conducting or sponsoring a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(c)(2)(A) of the PRA, Federal agencies are required to provide, prior to an agency's submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information.

    Dated: June 29, 2015. Jeffrey Herzig, Clearance Clerk.
    [FR Doc. 2015-16420 Filed 7-2-15; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 327X)] Norfolk Southern Railway Company—Abandonment, Discontinuance of Trackage Rights and Discontinuance of Service—in Cleveland and Rutherford Counties, NC, and Cherokee County, SC

    Norfolk Southern Railway Company (NSR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuance of Service for NSR to abandon and discontinue trackage rights and service as follows: (1) NSR will abandon approximately 11.85 miles of rail line, consisting of two line segments, one of which is located between milepost SB 144.55 and milepost SB 154.50 and the other between milepost SB 158.10 and milepost SB 160.00; (2) NSR will discontinue trackage rights granted to it by CSX Transportation, Inc. (CSXT) over approximately 22.8 miles of CSXT track, located between milepost SF 384.6 and milepost SF 407.4; 1 and (3) NSR will discontinue service over approximately 3.20 miles of rail line, extending between milepost SB 144.55 and milepost SB 141.35 (collectively, the Line).2 The Line traverses United States Postal Service Zip Codes 28073, 28152, 28150, 28089, 28114, 28040, 28018, 28043, and 29702.

    1 The CSXT track over which NSR has trackage rights connects the two line segments that NSR seeks to abandon.

    2 NSR states that, although there are different line segments involved, it operates over them as if they were a single line.

    NSR has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and that overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint has been filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line, and no such complaint is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.

    As a condition to this exemption, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed.

    Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on August 5, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by July 16, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by July 27, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001.5

    3 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date.

    4 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25).

    5 NSR states that it may not have title to the entire right-of-way underlying the rail line segments proposed for abandonment, which could limit the availability of the corridor for other public purposes.

    A copy of any petition filed with the Board should be sent to NSR's representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.

    If the verified notice contains false or misleading information, the exemption is void ab initio.

    NSR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by July 10, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public.

    Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.

    Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised authority granted and fully abandoned the Line. If consummation has not been effected by NSR's filing of a notice of consummation by July 6, 2016, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.

    Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV.

    Decided: June 26, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.

    Brendetta S. Jones, Clearance Clerk.
    [FR Doc. 2015-16451 Filed 7-2-15; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Information Collection; Comment Request AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES:

    Written comments should be received on or before September 4, 2015 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to Christie A. Preston, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.

    Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.

    FOR FURTHER INFORMATION CONTACT:

    To obtain additional information, or copies of the information collection and instructions, or copies of any comments received, contact Elaine Christophe, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at [email protected]

    SUPPLEMENTARY INFORMATION:

    Request for Comments

    The Department of the Treasury and the Internal Revenue Service, as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to take this opportunity to comment on the proposed or continuing information collections listed below in this notice, as required by the Paperwork Reduction Act of 1995, (44 U.S.C. 3501 et seq.).

    Request for Comments: Comments submitted in response to this notice will be summarized and/or included in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments will become a matter of public record. Please do not include any confidential or inappropriate material in your comments.

    We invite comments on: (a) Whether the collection of information is necessary for the proper performance of the agency's functions, including whether the information has 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 to be collected; (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide the requested information. Currently, the IRS is seeking comments concerning the following forms, and reporting and record-keeping requirements:

    Title: Reporting Requirements for Recipients of Points Paid on Residential Mortgages.

    OMB Number: 1545-1380.

    Regulation Project Number: IA-17-90 (TD 8571).

    Abstract: These regulations require the reporting of certain information relating to payments of mortgage interest. Taxpayers must separately state on Form 1098 the amount of points and the amount of interest (other than points) received during the taxable year on a single mortgage and must provide to the payer of the points a separate statement setting forth the information being reported to the IRS.

    Current Actions: There is no change to this existing regulation.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 37,644.

    Estimated Time per Respondent: 7 hrs., 31 minutes.

    Estimated Total Annual Burden Hours: 283,056.

    Title: Guidance on Passive Foreign (PFIC) Purging Elections.

    OMB Number: 1545-1965.

    Regulation Project Number: REG-133446-03 (TD 9360).

    Abstract: The IRS needs the information to substantiate the taxpayer's computation of the taxpayer's share of the PFIC's post-1986 earning and profits.

    Current Actions: There is no change to these existing regulations.

    Type of Review: Extension of currently approved collection.

    Affected Public: Individuals or households, business or other for-profit organizations.

    Estimated Number of Respondents: 250.

    Estimated Time per Respondent: 1 hour.

    Estimated Total Annual Burden Hours: 250.

    The following paragraph applies to all of the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Approved: June 24, 2015. Christie A. Preston, IRS Reports Clearance Officer.
    [FR Doc. 2015-16483 Filed 7-2-15; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Advisory Group to the Commissioner of Internal Revenue; Renewal of Charter AGENCY:

    Internal Revenue Service (IRS); Treasury.

    ACTION:

    Notice.

    SUMMARY:

    The Charter for the Advisory Committee on Tax Exempt and Government Entities (ACT) has been renewed for a two-year period beginning May 11, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mark O'Donnell by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given under section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988), and with the approval of the Secretary of Treasury to announce the renewal of the Advisory Committee on Tax Exempt and Government Entities (ACT). The primary purpose of the ACT is to provide an organized public forum for senior Internal Revenue Service executives and representatives of the public to discuss relevant tax administration issues. As an advisory body designed to focus on broad policy matters, the ACT reviews existing tax policy and/or makes recommendations with respect to emerging tax administration issues. The ACT suggests operational improvements, offers constructive observations regarding current or proposed IRS policies, programs, and procedures, and suggests improvements with respect to issues having substantive effect on Federal tax administration. Conveying the public's perception on IRS activities to Internal Revenue Service executives, the ACT comprises of individuals who bring substantial, disparate experience and diverse backgrounds. Membership is balanced to include representation from employee plans, exempt organizations, tax-exempt bonds, and federal, state, local, and Indian tribal governments.

    Dated: June 23, 2015. Melaney Partner, Acting, Designated Federal Officer, Tax Exempt and Government Entities Division, Internal Revenue Service.
    [FR Doc. 2015-16482 Filed 7-2-15; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Open Meeting of the Financial Research Advisory Committee AGENCY:

    Office of Financial Research, Department of the Treasury.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The Financial Research Advisory Committee for the Treasury's Office of Financial Research (OFR) is convening for its sixth meeting on Thursday, July 23, 2015, in the Cash Room, Main Treasury Building, 1500 Pennsylvania Avenue, Washington, DC 20220, beginning at 9:45 a.m. Eastern Time. The meeting will be open to the public via live webcast at http://www.financialresearch.gov and limited seating will also be available.

    DATES:

    The meeting will be held on Thursday, July 23, 2015, beginning at 9:45 a.m. Eastern Time.

    ADDRESSES:

    The meeting will be held in the Cash Room, Main Treasury Building, 1500 Pennsylvania Avenue, Washington, DC 20220. The meeting will be open to the public via live webcast at http://www.financialresearch.gov. A limited number of seats will be available for those interested in attending the meeting in person, and those seats would be on a first-come, first-served basis. Because the meeting will be held in a secured facility, members of the public who plan to attend the meeting must contact the OFR by email at [email protected] by 5 p.m. Eastern Time on July 16, 2015, to inform the OFR of their desire to attend the meeting and to receive further instructions about building clearance.

    FOR FURTHER INFORMATION CONTACT:

    David Johnson, Designated Federal Officer, Office of Financial Research, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, (202) 622-3002 (this is not a toll-free number), [email protected] Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is provided in accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, 10(a)(2), through implementing regulations at 41 CFR 102-3.150, et seq.

    Public Comment: Members of the public wishing to comment on the business of the Financial Research Advisory Committee are invited to submit written statements by any of the following methods:

    • Electronic Statements. Email the Committee's Designated Federal Officer at [email protected]

    • Paper Statements. Send paper statements in triplicate to the Financial Research Advisory Committee, Attn: David Johnson, Office of Financial Research, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220.

    The OFR will post statements on the Committee's Web site, http://www.financialresearch.gov, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. The OFR will also make such statements available for public inspection and copying in the Department of the Treasury's library, Annex Room 1020, 1500 Pennsylvania Avenue NW., Washington, DC 20220 on official business days between the hours of 8:30 a.m. and 5:30 p.m. Eastern Time. You may make an appointment to inspect statements by telephoning (202) 622-0990. All statements, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly.

    Tentative Agenda/Topics for Discussion: The Committee provides an opportunity for researchers, industry leaders, and other qualified individuals to offer their advice and recommendations to the OFR, which, among other things, is responsible for collecting and standardizing data on financial institutions and their activities and for supporting the work of Financial Stability Oversight Council.

    This is the sixth meeting of the Financial Research Advisory Committee. Topics to be discussed among all members will include welcoming new Committee members, OFR progress on prior Committee recommendations, current activities of the OFR, Subcommittee reports to the Committee, and Committee recommendations. For more information on the OFR and the Committee, please visit the OFR Web site at http://www.financialresearch.gov.

    Dated: June 25, 2015. Barbara Shycoff, Chief of External Affairs.
    [FR Doc. 2015-16457 Filed 7-2-15; 8:45 am] BILLING CODE P
    80 128 Monday, July 6, 2015 Proposed Rules Part II Department of Labor Wage and Hour Division 29 CFR Part 541 Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees; Proposed Rule DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 541 RIN 1235-AA11 Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees AGENCY:

    Wage and Hour Division, Department of Labor.

    ACTION:

    Proposed rule and request for comments.

    SUMMARY:

    The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee's regular rate for hours worked over 40 in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. The Department of Labor (Department) proposes to update and revise the regulations issued under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. This exemption is referred to as the FLSA's “EAP” or “white collar” exemption. To be considered exempt, employees must meet certain minimum tests related to their primary job duties and be paid on a salary basis at not less than a specified minimum amount. The standard salary level required for exemption is currently $455 a week ($23,660 for a full-year worker) and was last updated in 2004.

    By way of this rulemaking, the Department seeks to update the salary level to ensure that the FLSA's intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the EAP exemption easier for employers and workers to understand. The Department also proposes automatically updating the salary level to prevent the level from becoming outdated with the often lengthy passage of time between rulemakings. Lastly, the Department is considering whether revisions to the duties tests are necessary in order to ensure that these tests fully reflect the purpose of the exemption.

    DATES:

    Submit written comments on or before September 4, 2015.

    ADDRESSES:

    You may submit comments, identified by Regulatory Information Number (RIN) 1235-AA11, by either of the following methods: Electronic Comments: Submit comments through the Federal eRulemaking Portal http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Address written submissions to Mary Ziegler, Director of the Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210. Instructions: Please submit only one copy of your comments by only one method. All submissions must include the agency name and RIN, identified above, for this rulemaking. Please be advised that comments received will become a matter of public record and will be posted without change to http://www.regulations.gov, including any personal information provided. All comments must be received by 11:59 p.m. on the date indicated for consideration in this rulemaking. Commenters should transmit comments early to ensure timely receipt prior to the close of the comment period as the Department continues to experience delays in the receipt of mail in our area. For additional information on submitting comments and the rulemaking process, see the “Public Participation” section of this document. For questions concerning the interpretation and enforcement of labor standards related to the FLSA, individuals may contact the Wage and Hour Division (WHD) local district offices (see contact information below). Docket: For access to the docket to read background documents or comments, go to the Federal eRulemaking Portal at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Mary Ziegler, Director of the Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-free number). Copies of this proposed rule may be obtained in alternative formats (Large Print, Braille, Audio Tape or Disc), upon request, by calling (202) 693-0675 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats.

    Questions of interpretation and/or enforcement of the agency's regulations may be directed to the nearest WHD district office. Locate the nearest office by calling WHD's toll-free help line at (866) 4US-WAGE ((866) 487-9243) between 8 a.m. and 5 p.m. in your local time zone, or log onto WHD's Web site at http://www.dol.gov/whd/america2.htm for a nationwide listing of WHD district and area offices.

    Electronic Access and Filing Comments

    Public Participation: This proposed rule is available through the Federal Register and the http://www.regulations.gov Web site. You may also access this document via WHD's Web site at http://www.dol.gov/whd/. To comment electronically on Federal rulemakings, go to the Federal eRulemaking Portal at http://www.regulations.gov, which will allow you to find, review, and submit comments on Federal documents that are open for comment and published in the Federal Register. You must identify all comments submitted by including “RIN 1235-AA11” in your submission. Commenters should transmit comments early to ensure timely receipt prior to the close of the comment period (11:59 p.m. on the date identified above in the DATES section); comments received after the comment period closes will not be considered. Submit only one copy of your comments by only one method. Please be advised that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Background A. What the FLSA Provides B. Legislative History C. Regulatory History D. Overview of Existing Regulatory Requirements III. Presidential Memorandum IV. Need for Rulemaking V. Proposed Regulatory Revisions A. Setting the Standard Salary Level B. Special Salary Tests C. Inclusion of Nondiscretionary Bonuses in the Salary Level Requirement D. Highly Compensated Employees E. Automatically Updating the Salary Levels F. Duties Requirements for Exemption VI. Paperwork Reduction Act VII. Analysis Conducted In Accordance With Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review A. Introduction B. Methodology To Determine the Number of Potentially Affected EAP Workers C. Determining the Revised Salary Level Test Values D. Impacts of Revised Salary and Compensation Level Test Values E. Automatic Updates F. Duties Test Appendix A: Methodology for Estimating Exemption Status Appendix B: Additional Tables VIII. Initial Regulatory Flexibility Analysis (IRFA) A. Reasons Why Action by the Agency Is Being Considered B. Statement of Objectives and Legal Basis for the Proposed Rule C. Description of the Number of Small Entities to Which the Proposed Rule Will Apply D. Projected Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule E. Identification to the Extent Practicable, of All Relevant Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule IX. Unfunded Mandates Reform Act Analysis A. Authorizing Legislation B. Assessment of Costs and Benefits C. Summary of State, Local, and Tribal Government Input D. Least Burdensome Option or Explanation Required X. Executive Order 13132, Federalism XI. Executive Order 13175, Indian Tribal Governments XII. Effects on Families XIII. Executive Order 13045, Protection of Children XIV. Environmental Impact Assessment XV. Executive Order 13211, Energy Supply XVI. Executive Order 12630, Constitutionally Protected Property Rights XVII. Executive Order 12988, Civil Justice Reform Analysis Proposed Amendments to Regulatory Text I. Executive Summary

    The FLSA was passed to both guarantee a minimum wage and to limit the number of hours an employee could work without additional compensation. Section 13(a)(1), which excludes certain white collar employees from minimum wage and overtime pay protections, was included in the original Act in 1938. The exemption was premised on the belief that the exempted workers earned salaries well above the minimum wage and enjoyed other privileges, including above-average fringe benefits, greater job security, and better opportunities for advancement, setting them apart from workers entitled to overtime pay. The statute delegates to the Secretary of Labor the authority to define and delimit the terms of the exemption.

    On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department to update the regulations defining which white collar workers are protected by the FLSA's minimum wage and overtime standards. 79 FR 18737 (Apr. 3, 2014). Consistent with the President's goal of ensuring workers are paid a fair day's pay for a fair day's work, the memorandum instructed the Department to look for ways to modernize and simplify the regulations while ensuring that the FLSA's intended overtime protections are fully implemented.

    Since 1940, the regulations implementing the white collar exemption have generally required each of three tests to be met for the exemption to apply: (1) The employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (the “salary basis test”); (2) the amount of salary paid must meet a minimum specified amount (the “salary level test”); and (3) the employee's job duties must primarily involve executive, administrative, or professional duties as defined by the regulations (the “duties test”).

    One of the Department's primary goals in this rulemaking is updating the section 13(a)(1) exemption's salary requirements. The Department has updated the salary level requirements seven times since 1938, most recently in 2004. Under the current regulations, an executive, administrative, or professional employee must be paid at least $455 per week ($23,660 per year for a full-year worker) in order to come within the standard exemption; in order to come within the exemption for highly compensated employees (HCE), such an employee must earn at least $100,000 in total annual compensation.

    The Department has long recognized the salary level test as “the best single test” of exempt status. If left at the same amount over time, however, the effectiveness of the salary level test as a means of determining exempt status diminishes as the wages of employees entitled to overtime increase and the real value of the salary threshold falls. In order to maintain the effectiveness of the salary level test, the Department proposes to set the standard salary level equal to the 40th percentile of earnings for full-time salaried workers ($921 per week, or $47,892 annually for a full-year worker, in 2013).1 The Department is also proposing to set the highly compensated employee annual compensation level equal to the 90th percentile of earnings for full-time salaried workers ($122,148 annually). Furthermore, in order to prevent the levels from becoming outdated, the Department is proposing to include in the regulations a mechanism to automatically update the salary and compensation thresholds on an annual basis using either a fixed percentile of wages or the CPI-U.

    1 The BLS data set used to set the salary level for this rulemaking consists of earnings for full-time (defined as at least 35 hours per week) non-hourly paid employees. For the purpose of this rulemaking, the Department considers data representing compensation paid to non-hourly workers to be an appropriate proxy for compensation paid to salaried workers. The Department relied upon 2013 data in the development of the NPRM. The Department will update the data used in the Final Rule resulting from this proposal, which will change the dollar figures. If, after consideration of comments received, the Final Rule were to adopt the proposed salary level of the 40th percentile of weekly earnings, the Department would likely rely on data from the first quarter of 2016. The latest data currently available are for the first quarter of 2015, in which the 40th percentile of weekly earnings is $951, which translates into $49,452 for a full-year worker. Assuming two percent growth between the first quarter of 2015 and the first quarter of 2016, the Department projects that the 40th percentile weekly wage in the final rule would likely be $970, or $50,440 for a full-year worker.

    The Department is proposing to update the salary and compensation levels to ensure that the FLSA's intended overtime protections are fully implemented and to simplify the identification of overtime-protected and exempt employees, thus making the exemptions easier for employers and workers to understand. The proposed increase to the standard salary level is also intended to address the Department's conclusion that the salary level set in 2004 was too low to efficiently screen out from the exemption overtime-protected white collar employees when paired with the standard duties test. The Department believes that a standard salary level at the 40th percentile of all full-time salaried employees ($921 per week, or $47,892 for a full-year worker, in 2013) will accomplish the goal of setting a salary threshold that adequately distinguishes between employees who may meet the duties requirements of the EAP exemption and those who likely do not, without necessitating a return to the more detailed long duties test.2 The Department believes that the proposed salary compensates for the absence of a long test, which would have allowed employers to claim the exemption at a lower salary level, but only if they could satisfy a more restrictive duties test; moreover, it does so without setting the salary at a level that excludes from exemption an unacceptably high number of employees who meet the duties test. The Department also believes that, by reducing the number of workers for whom employers must apply the duties test to determine exempt status, this proposal is responsive to the President's directive to simplify the exemption. Similarly, the Department believes that the proposal to set the HCE total annual compensation level at the annualized value of the 90th percentile of weekly wages of all full-time salaried employees ($122,148 per year) will ensure that the HCE exemption continues to cover only employees who almost invariably meet all the other requirements for exemption. Finally, the Department proposes to automatically update the standard salary and compensation levels annually to ensure that they maintain their effectiveness going forward, either by maintaining the levels at a fixed percentile of earnings or by updating the amounts based on changes in the CPI-U. The Department believes that regularly updating the salary and compensation levels is the best method to ensure that these tests continue to provide an effective means of distinguishing between overtime-eligible white collar employees and those who may be bona fide EAP employees. The Department is not making specific proposals to modify the standard duties tests but is seeking comments on whether the tests are working as intended to screen out employees who are not bona fide EAP employees; in particular, the Department is concerned that in some instances the current tests may allow exemption of employees who are performing such a disproportionate amount of nonexempt work that they are not EAP employees in any meaningful sense.

    2 From 1949 until 2004 the regulations contained two different tests for exemption—a long duties test for employees paid a lower salary, and a short duties test for employees paid at a higher salary level.

    In 2013, there were an estimated 144.2 million wage and salary workers in the United States, of whom the Department estimates that 43.0 million are white collar salaried employees who may be impacted by a change to the Department's part 541 regulations. Of these workers, the Department estimates that 21.4 million are currently exempt EAP workers who are subject to the salary level requirement and may be potentially affected by the proposed rule.3

    3 White collar salaried workers not subject to the EAP salary level test include teachers, academic administrative personnel, physicians, lawyers, judges, and outside sales workers.

    In Year 1 the Department estimates 4.6 million currently exempt workers who earn at least the current weekly salary level of $455 but less than the 40th earnings percentile ($921) would, without some intervening action by their employers, become entitled to minimum wage and overtime protection under the FLSA (Table ES1). Similarly, an estimated 36,000 currently exempt workers who earn at least $100,000 but less than the 90th earnings percentile ($122,148) per year and who meet the HCE duties test but not the standard duties test may also become eligible for minimum wage and overtime protection. In Year 10, with automatic updating of the salary levels, the Department projects that between 5.1 and 5.6 million workers will be affected by the change in the standard salary level test and between 33,000 and 42,000 workers will be affected by the change in the HCE total annual compensation test, depending on the updating methodology used (CPI-U or fixed percentile of wage earnings, respectively). Additionally, the Department estimates that an additional 6.3 million white collar workers who are currently overtime eligible because they do not satisfy the EAP duties tests and who currently earn at least $455 per week but less than the proposed salary level would have their overtime protection strengthened in Year 1 because their exemption status would be clear based on the salary test alone without the need to examine their duties.

    Three direct costs to employers are quantified in this analysis: (1) Regulatory familiarization costs; (2) adjustment costs; and (3) managerial costs. Assuming a 7 percent discount rate, the Department estimates that average annualized direct employer costs will total between $239.6 and $255.3 million per year, depending on the updating methodology used as shown in (Table ES1). In addition to the direct costs, this proposed rulemaking will also transfer income from employers to employees in the form of higher earnings. Average annualized transfers are estimated to be between $1,178.0 and $1,271.4 million, depending on which of the two updating methodologies analyzed in this proposal is used. The Department also projects average annualized deadweight loss of between $9.5 and $10.5 million, and notes that the projected deadweight loss is small in comparison to the amount of estimated costs.

    Impacts of the proposed rule extend beyond those quantitatively estimated. For example, a potential impact of the rule's proposed increase in the salary threshold is a reduction in litigation costs. Other unquantified transfers, costs, and benefits are discussed in section VII.D.vii.

    Table ES1—Summary of Regulatory Costs and Transfers, Standard and HCE Salary Levels With Automatic Updating [Millions 2013$] Cost/Transfer a Automatic updating method b Year 1 Future years c Year 2 Year 10 Average annualized value 3% Real rate 7% Real rate Affected Workers (1,000s) Standard Percentile 4,646 4,747 5,568 CPI-U 4,646 4,634 5,062 HCE Percentile 36 36 42 CPI-U 36 35 33 Costs and Transfers (Millions 2013$) Direct employer costs Percentile 592.7 188.8 225.3 248.8 255.3 CPI-U 592.7 181.1 198.6 232.3 239.6 Transfers d Percentile 1,482.5 1,160.2 1,339.6 1,271.9 1,271.4 CPI-U 1,482.5 1,126.4 1,191.4 1,173.7 1,178.0 DWL Percentile 7.4 10.8 11.2 10.5 10.5 CPI-U 7.4 10.3 9.7 9.6 9.5 a Costs and transfers for affected workers passing the standard and HCE tests are combined. b The percentile method sets the standard salary level at the 40th percentile of weekly earnings for full-time salaried workers and the HCE compensation level at the 90th percentile. The CPI-U method adjusts both levels based on the annual percent change in the CPI-U. c These costs/transfers represent a range over the nine-year span. d This is the net transfer from employers to workers. There may also be transfers of hours and income from some workers to other workers. Unquantified transfers, costs and benefits are addressed in Section VII.

    The Department believes that the proposed increase in the standard salary level to the 40th percentile of weekly earnings for full-time salaried workers and increasing the HCE compensation level to the 90th percentile of full-time salaried workers' earnings, combined with annual updating, is the simplest method for securing the effectiveness of the salary level as a bright-line for ensuring that employees entitled to the Act's overtime provisions are not exempted. The Department recognizes that the proposed standard salary threshold is lower than the historical average salary for the short duties test (the basis for the standard duties test) but believes that it will appropriately distinguish between overtime-eligible white collar salaried employees and those who may meet the EAP duties test without necessitating a return to the more rigorous long duties test. A standard salary threshold significantly below the 40th percentile, or the absence of a mechanism for automatically updating the salary level, however, would require a more rigorous duties test than the current standard duties test in order to effectively distinguish between white collar employees who are overtime protected and those who may be bona fide EAP employees. The Department believes that this proposal is the least burdensome but still cost-effective mechanism for updating the salary and compensation levels, and indexing future levels, and is consistent with the Department's statutory obligations.

    II. Background A. What the FLSA Provides

    The FLSA generally requires covered employers to pay their employees at least the federal minimum wage (currently $7.25 an hour) for all hours worked, and overtime premium pay of one and one-half times the employee's regular rate of pay for all hours worked over 40 in a workweek.4 However, there are a number of exemptions from the FLSA's minimum wage and overtime requirements. Section 13(a)(1) of the FLSA, codified at 29 U.S.C. 213(a)(1), exempts from both minimum wage and overtime protection “any employee employed in a bona fide executive, administrative, or professional capacity . . . or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of [the Administrative Procedure Act] . . .).” The FLSA does not define the terms “executive,” “administrative,” “professional,” or “outside salesman.” Pursuant to Congress' grant of rulemaking authority, the Department in 1938 issued the first regulations at 29 CFR part 541, defining the scope of the section 13(a)(1) exemptions. Because Congress explicitly delegated to the Secretary of Labor the power to define and delimit the specific terms of the exemptions through notice and comment rulemaking, the regulations so issued have the binding effect of law. See Batterton v. Francis, 432 U.S. 416, 425 n.9 (1977).

    4 As discussed infra, the Department estimates that 128.5 million workers are subject to the FLSA and the Department's regulations. Most of these workers are covered by the Act's minimum wage and overtime pay protections.

    The Department has consistently used its rulemaking authority to define and clarify the section 13(a)(1) exemptions. Since 1940, the implementing regulations have generally required each of three tests to be met for the exemptions to apply: (1) The employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (the “salary basis test”); (2) the amount of salary paid must meet a minimum specified amount (the “salary level test”); and (3) the employee's job duties must primarily involve executive, administrative, or professional duties as defined by the regulations (the “duties test”).

    B. Legislative History

    Although section 13(a)(1) exempts covered employees from both the FLSA's minimum wage and overtime requirements, its most significant impact is its removal of these employees from the Act's overtime protections. It is widely recognized that the general requirement that employers pay a premium rate of pay for all hours worked over 40 in a workweek is a cornerstone of the Act, grounded in two policy objectives. The first is to spread employment by incentivizing employers to hire more employees rather than requiring existing employees to work longer hours, thereby reducing involuntary unemployment. See, e.g., Davis v. J.P. Morgan Chase, 587 F.3d 529, 535 (2d Cir. 2009) (“The overtime requirements of the FLSA were meant to apply financial pressure to spread employment to avoid the extra wage and to assure workers additional pay to compensate them for the burden of a workweek beyond the hours fixed in the act.”) (internal quotation marks omitted). The second policy objective is to reduce overwork and its detrimental effect on the health and well-being of workers. See, e.g., Barrentine v. Arkansas-Best Freight System, Inc., 450 U.S. 728, 739 (1981) (“The FLSA was designed to give specific minimum protections to individual workers and to ensure that each employee covered by the Act would receive a fair day's pay for a fair day's work and would be protected from the evil of overwork as well as underpay.”) (internal quotation marks and brackets omitted).

    Section 13(a)(1) was included in the original Act in 1938 and was based on provisions contained in the earlier National Industrial Recovery Act of 1933 (NIRA) and state law precedents. Specific references in the legislative history to the exemptions contained in section 13(a)(1) are scant. However, the exemptions were premised on the belief that the exempted workers typically earned salaries well above the minimum wage and were presumed to enjoy other privileges to compensate them for their long hours of work, such as above-average fringe benefits, greater job security, and better opportunities for advancement, setting them apart from the nonexempt workers entitled to overtime pay. See Report of the Minimum Wage Study Commission, Volume IV, pp. 236 and 240 (June 1981).5 Further, the type of work exempt employees performed was difficult to standardize to any time frame and could not be easily spread to other workers after 40 hours in a week, making enforcement of the overtime provisions difficult and generally precluding the potential job expansion intended by the FLSA's time-and-a-half overtime premium. Id.

    5 Congress created the Minimum Wage Study Commission as part of the Fair Labor Standards Amendments of 1977. See Sec. 2(e)(1), Public Law 95-151, 91 Stat. 1246 (Nov. 1, 1977). This independent commission was tasked with examining many FLSA issues, including the Act's minimum wage and overtime exemptions, and issuing a report to the President and to Congress with the results of its study.

    The universe of employees eligible for the exemptions has fluctuated with amendments to the FLSA. Initially, persons employed in a “local retailing capacity” were exempt, but Congress eliminated that language from section 13(a)(1) in 1961 when the FLSA was expanded to cover retail and service enterprises. See Public Law 87-30, 75 Stat. 65 (May 5, 1961). Teachers and academic administrative personnel were added to the exemption when elementary and secondary schools were made subject to the FLSA in 1966. Sec. 214, Public Law 89-601, 80 Stat. 830 (Sept. 23, 1966). The Education Amendments of 1972 made the Equal Pay provisions, section 6(d) of the FLSA, expressly applicable to employees who were otherwise exempt from the FLSA under section 13(a)(1). Sec. 906(b)(1), Public Law 92-318, 86 Stat. 235 (June 23, 1972).

    A 1990 enactment expanded the exemptions to include in the regulations defining exempt executive, administrative, and professional employees, computer systems analysts, computer programmers, software engineers, and similarly skilled professional workers, including those paid on an hourly basis if paid at least 61/2 times the minimum wage. Sec. 2, Public Law 101-583, 104 Stat. 2871 (Nov. 15, 1990). The compensation test for computer-related occupations was subsequently capped at $27.63 an hour (61/2 times the minimum wage in effect at the time) as part of the 1996 FLSA Amendments, when Congress enacted the new section 13(a)(17) exemption for such computer employees. Section 13(a)(17) also incorporated much of the regulatory language that resulted from the 1990 enactment. See 29 U.S.C. 213(a)(17), as added by the 1996 FLSA Amendments (Sec. 2105(a), Public Law 104-188, 110 Stat. 1755 (Aug. 20, 1996)).

    C. Regulatory History

    The FLSA became law on June 25, 1938, and the first version of part 541, setting forth the criteria for exempt status under section 13(a)(1), was issued that October. 3 FR 2518 (Oct. 20, 1938). Following a series of public hearings, which were discussed in a report issued by WHD,6 the Department published revised regulations in 1940, which, among other things, updated and expanded the salary level test. 5 FR 4077 (Oct. 15, 1940). Further hearings were convened in 1947, as discussed in a WHD-issued report,7 and revised regulations, which updated the salary levels required to meet the salary level test for the various exemptions, were issued in 1949. 14 FR 7705 (Dec. 24, 1949). An explanatory bulletin interpreting some of the terms used in the regulations was published as subpart B of part 541 in 1949. 14 FR 7730 (Dec. 28, 1949). In 1954, the Department issued revisions to the regulatory interpretations of the salary basis test. 19 FR 4405 (July 17, 1954). In 1958, based on another WHD-issued report,8 the regulations were revised to update the required salary levels. 23 FR 8962 (Nov. 18, 1958). Additional changes, including periodic salary level updates, were made to the regulations in 1961 (26 FR 8635, Sept. 15, 1961), 1963 (28 FR 9505, Aug. 30, 1963), 1967 (32 FR 7823, May 30, 1967), 1970 (35 FR 883, Jan. 22, 1970), 1973 (38 FR 11390, May 7, 1973), and 1975 (40 FR 7091, Feb. 19, 1975). Revisions to increase the salary levels in 1981 were stayed indefinitely by the Department. 46 FR 11972 (Feb. 12, 1981). In 1985, the Department published an Advance Notice of Proposed Rulemaking that reopened the comment period on the 1981 proposal and broadened the review to all aspects of the regulations, including whether to increase the salary levels, but this rulemaking was never finalized. 50 FR 47696 (Nov. 19, 1985).

    6 Executive, Administrative, Professional . . . Outside Salesman Redefined, Wage and Hour Division, U.S. Department of Labor, Report and Recommendations of the Presiding Officer (Harold Stein) at Hearings Preliminary to Redefinition (Oct. 10, 1940) (“Stein Report”).

    7 Report and Recommendations on Proposed Revisions of Regulations, Part 541, by Harry Weiss, Presiding Officer, Wage and Hour and Public Contracts Divisions, U.S. Department of Labor (June 30, 1949) (“Weiss Report”).

    8 Report and Recommendations on Proposed Revision of Regulations, Part 541, Under the Fair Labor Standards Act, by Harry S. Kantor, Presiding Officer, Wage and Hour and Public Contracts Divisions, U.S. Department of Labor (Mar. 3, 1958) (“Kantor Report”).

    The Department revised the part 541 regulations twice in 1992. First, the Department created a limited exception from the salary basis test for public employees, permitting public employers to follow public sector pay and leave systems requiring partial-day deductions from pay for absences for personal reasons or due to illness or injury not covered by accrued paid leave, or due to budget-driven furloughs, without defeating the salary basis test required for exemption. 57 FR 37677 (Aug. 19, 1992). The Department also implemented the 1990 law requiring it to promulgate regulations permitting employees in certain computer-related occupations to qualify as exempt under section 13(a)(1) of the FLSA. 57 FR 46744 (Oct. 9, 1992); see Sec. 2, Public Law 101-583, 104 Stat. 2871 (Nov. 15, 1990).

    On March 31, 2003, the Department published a Notice of Proposed Rulemaking proposing significant changes to the part 541 regulations. 68 FR 15560 (Mar. 31, 2003). On April 23, 2004, the Department issued a Final Rule (2004 Final Rule), which raised the salary level for the first time since 1975, and made other changes, some of which are discussed below. 69 FR 22122 (Apr. 23, 2004). Current regulations retain the three tests for exempt status that have been in effect since 1940: A salary basis test, a salary level test, and a job duties test.

    D. Overview of Existing Regulatory Requirements

    The regulations in part 541 contain specific criteria that define each category of exemption provided by section 13(a)(1) for bona fide executive, administrative, professional, outside sales employees, and teachers and academic administrative personnel. The regulations also define those computer employees who are exempt under section 13(a)(1) and section 13(a)(17). See §§ 541.400-.402. The employer bears the burden of establishing the applicability of any exemption from the FLSA's pay requirements. Job titles and job descriptions do not determine exempt status, nor does paying a salary rather than an hourly rate. To qualify for the EAP exemption, employees must meet certain tests regarding their job duties and generally must be paid on a salary basis of not less than $455 per week.9 In order for the exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations. The duties tests differ for each category of exemption.

    9 Alternatively, administrative and professional employees may be paid on a “fee basis.” This occurs where an employee is paid an agreed sum for a single job regardless of the time required for its completion. § 541.605(a). Salary level test compliance for fee basis employees is assessed by determining whether the hourly rate for work performed (i.e., the fee payment divided by the number of hours worked) would total at least $455 per week if the employee worked 40 hours. See § 541.605(b). Some employees, such as doctors and lawyers (§ 541.600(e)), teachers (§ 541.303(d); § 541.600(e)), and outside sales employees (§ 541.500(c)), are not subject to a salary or fee basis test. Some, such as academic administrative personnel, are subject to a special, contingent salary level. See § 541.600(c). There is also a separate salary level in effect for workers in American Samoa (§ 541.600(a)), and a special salary test for motion picture industry employees (§ 541.709).

    The Department last updated the salary levels in the 2004 Final Rule, setting the standard test threshold at $455 per week for executive, administrative, and professional employees. Since its prior revision in 1975, the salary level tests had grown outdated and were thus no longer effective at distinguishing between exempt and nonexempt employees. Mindful that nearly 30 years had elapsed between salary level increases, and in response to commenter concerns that similar lapses would occur in the future, in the 2004 Final Rule the Department expressed the intent to “update the salary levels on a more regular basis.” 69 FR 22171.

    Under the current part 541 regulations, an exempt executive employee must be compensated on a salary basis at a rate of not less than $455 per week and have a primary duty of managing the enterprise or a department or subdivision of the enterprise. § 541.100(a)(1)-(2). An exempt executive must also customarily and regularly direct the work of at least two employees and have the authority to hire or fire, or the employee's suggestions and recommendations as to the hiring, firing, or other change of status of employees must be given particular weight. § 541.100(a)(3)-(4).

    An exempt administrative employee must be compensated on a salary or fee basis at a rate of not less than $455 per week and have a primary duty of the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers. § 541.200. An exempt administrative employee's primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. Id.

    An exempt professional employee must be compensated on a salary or fee basis at a rate of not less than $455 per week and have a primary duty of (1) work requiring knowledge of an advanced type in a field of science or learning customarily acquired by prolonged, specialized, intellectual instruction and study, or (2) work that is original and creative in a recognized field of artistic endeavor, or (3) teaching in a school system or educational institution, or (4) work as a computer systems analyst, computer programmer, software engineer, or other similarly-skilled worker in the computer field. §§ 541.300; 541.303; 541.400. An exempt professional employee must perform work requiring the consistent exercise of discretion and judgment, or requiring invention, imagination, or talent in a recognized field of artistic endeavor. § 541.300(a)(2). The salary requirements do not apply to certain licensed or certified doctors, lawyers, and teachers. §§ 541.303(d); 541.304(d).

    An exempt outside salesperson must be customarily and regularly engaged away from the employer's place of business and have a primary duty of making sales, or obtaining orders or contracts for services or for the use of facilities. § 541.500. There are no salary or fee requirements for exempt outside sales employees. Id.

    The 2004 Final Rule created a new “highly compensated” test for exemption. Under the HCE exemption, employees who are paid total annual compensation of at least $100,000 (which must include at least $455 per week paid on a salary or fee basis) are exempt from the FLSA's overtime requirements if they customarily and regularly perform at least one of the exempt duties or responsibilities of an executive, administrative, or professional employee identified in the standard tests for exemption. § 541.601. The HCE exemption applies only to employees whose primary duty includes performing office or non-manual work; non-management production line workers and employees who perform work involving repetitive operations with their hands, physical skill, and energy are not exempt under this section no matter how highly paid. Id.

    Employees who meet the requirements of part 541 are excluded from both the Act's minimum wage and overtime pay protections. As a result, employees may work any number of hours in the workweek and not be subject to the FLSA's minimum wage and overtime pay requirements. Some state laws have stricter exemption standards than those described above. The FLSA does not preempt any such stricter state standards. If a State establishes a higher standard than the provisions of the FLSA, the higher standard applies in that State. See 29 U.S.C. 218.

    III. Presidential Memorandum

    On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department to update the regulations defining which “white collar” workers are protected by the FLSA's minimum wage and overtime standards. 79 FR 18737 (Apr. 3, 2014). The memorandum instructed the Department to look for ways to modernize and simplify the regulations while ensuring that the FLSA's intended overtime protections are fully implemented. As the President noted at the time, the FLSA's overtime protections are a linchpin of the middle class and the failure to keep the salary level requirement for the white collar exemption up-to-date has left millions of low-paid salaried workers without this basic protection.10 The current salary level threshold for exemption of $455 per week, or $23,660 annually, is below the poverty threshold for a family of four.11

    10http://www.whitehouse.gov/the-press-office/2014/03/13/fact-sheet-opportunity-all-rewarding-hard-work-strengthening-overtime-pr.

    11See http://www.census.gov/hhes/www/poverty/data/threshld/index.html. The current salary level is less than the 10th percentile of full-time salaried workers.

    Following issuance of the memorandum, the Department embarked on an extensive outreach program, conducting listening sessions in Washington, DC, and several other locations, as well as by conference call. The listening sessions were attended by a wide range of stakeholders: Employees, employers, business associations, non-profit organizations, employee advocates, unions, state and local government representatives, tribal representatives, and small businesses. In these sessions the Department asked stakeholders to address, among other issues: (1) What is the appropriate salary level for exemption; (2) what, if any, changes should be made to the duties tests; and (3) how can the regulations be simplified.

    Stakeholders representing employers expressed a wide variety of views on the appropriate salary level, ranging from a few who said the salary should not be raised, to several who noted their entry level managers already earned salaries far above the current annual salary level of $23,660. A number of representatives of national employers also noted regional variations in the salary levels they pay to EAP employees. Several employers encouraged the Department to consider nondiscretionary bonuses in determining whether the salary level is met, noting that such bonuses are a key part of exempt employees' compensation in their industries and contribute to an “ownership mindset.” Many employer stakeholders stated that they consider f