Federal Register Vol. 80, No.143,

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range44251-44827
FR Document

80_FR_143
Current View
Page and SubjectPDF
80 FR 44400 - Sunshine Act MeetingsPDF
80 FR 44358 - Statement of Organization, Functions and Delegations of AuthorityPDF
80 FR 44335 - Final Waiver and Extension of the Project Period; Territories and Freely Associated States Education Grant ProgramPDF
80 FR 44321 - Proposal To Mitigate Exposure to Bees From Acutely Toxic Pesticide Products; Extension of Comment PeriodPDF
80 FR 44413 - Kansas Disaster #KS-00003PDF
80 FR 44414 - Oklahoma Disaster Number OK-00092PDF
80 FR 44414 - Texas Disaster Number TX-00447PDF
80 FR 44414 - Colorado Disaster #CO-00016PDF
80 FR 44335 - Sunshine Act NoticePDF
80 FR 44325 - Public Availability of FY 2014 Service Contract InventoriesPDF
80 FR 44418 - Request for CommentsPDF
80 FR 44288 - Safety Zones; Annual Events in the Captain of the Port Buffalo ZonePDF
80 FR 44289 - Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MAPDF
80 FR 44287 - Safety Zones; Recurring Events in Captain of the Port Boston ZonePDF
80 FR 44423 - Proposed Collection; Comment Request for RegulationPDF
80 FR 44432 - Proposed Collection; Comment Request for Form 14039, 14039-SP, and 14039-BPDF
80 FR 44372 - Privacy Act of 1974; Department of Homeland Security Office of the Inspector General-002 Investigative Records System of RecordsPDF
80 FR 44424 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 44375 - President's National Security Telecommunications Advisory CommitteePDF
80 FR 44429 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 44427 - Proposed Collection; Comment Request for NoticePDF
80 FR 44429 - Agency Information Collection Activity; Proposed CollectionPDF
80 FR 44431 - Proposed Collection; Comment Request for Revenue Procedure 2003-33PDF
80 FR 44432 - Proposed Collection; Comment Request for Revenue Procedure 2004-53PDF
80 FR 44425 - Proposed Collection; Comment Request for Revenue Procedure 99-50PDF
80 FR 44424 - Proposed Collection; Comment Request for Form 911PDF
80 FR 44427 - Proposed Collection; Comment Request for Revenue Procedure 2013-30PDF
80 FR 44430 - Agency Information Collection Activity; Proposed CollectionPDF
80 FR 44426 - Proposed Collection; Comment Request for Form 8906PDF
80 FR 44430 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 44428 - Proposed Collection; Comment Request for Form 7004PDF
80 FR 44426 - Proposed Collection; Comment Request for Form 5498-ESAPDF
80 FR 44327 - Advisory Committee on Earthquake Hazards Reduction MeetingPDF
80 FR 44350 - Request for Scientific Views: Draft Recommended Aquatic Life Ambient Water Quality Chronic Criterion for Selenium-Freshwater 2015PDF
80 FR 44415 - Notice of Submission Deadline To Amend Slot Records for LaGuardia AirportPDF
80 FR 44326 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final DeterminationPDF
80 FR 44326 - Foreign-Trade Zone 147-Berks County, Pennsylvania; Application for Reorganization (Expansion of Service Area); Under Alternative Site FrameworkPDF
80 FR 44415 - Designation and Determination Pursuant to the Foreign Missions Act; Development and Management of Approximately 32 Acres in the District of Columbia, on a Portion of the Former Walter Reed Army Medical CenterPDF
80 FR 44318 - Payment of Emergency Medication by VAPDF
80 FR 44301 - Energy Conservation Program: Energy Conservation Standards for Room Air Conditioners; Request for InformationPDF
80 FR 44328 - North Pacific Fishery Management Council; Public Meeting; CancellationPDF
80 FR 44410 - Proposed Collection; Comment RequestPDF
80 FR 44405 - BPV Capital Management, LLC and BPV Family of Funds; Notice of ApplicationPDF
80 FR 44406 - Proposed Collection; Comment RequestPDF
80 FR 44330 - Western Pacific Fishery Management Council; Public MeetingsPDF
80 FR 44401 - NASA Advisory Council; Science Committee; Earth Science Subcommittee; MeetingPDF
80 FR 44384 - TÜV SÜD America, Inc.: Grant of Expansion of RecognitionPDF
80 FR 44386 - Traylor Bros., Inc., Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for CommentsPDF
80 FR 44323 - Re-Charter of the Fruit and Vegetable Industry Advisory CommitteePDF
80 FR 44399 - Agricultural Worker Population Data for Basic Field-Migrant GrantsPDF
80 FR 44402 - Proposed Collection; Comment RequestPDF
80 FR 44355 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 44355 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
80 FR 44354 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 44398 - Notice of Availability of Calendar Year 2016 Competitive Grant Funds for the Veterans Pro Bono ProgramPDF
80 FR 44361 - Agency Information Collection Activities: Importer ID Input RecordPDF
80 FR 44378 - Notice of Public Meeting: Resource Advisory Council to the Boise District, Bureau of Land Management, U. S. Department of the InteriorPDF
80 FR 44355 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 44337 - Pacific Gas and Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
80 FR 44338 - Transcontinental Gas Pipe Line Company, LLC; Notice of ApplicationPDF
80 FR 44325 - Submission for OMB Review; Comment RequestPDF
80 FR 44357 - Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Generic Clearance for the Collection of Qualitative Data on Tobacco Products and CommunicationsPDF
80 FR 44262 - Substantial Product Hazard List: Extension CordsPDF
80 FR 44401 - Information Collection: “Nuclear Material Events Database (NMED) for the Collection of Event Report, Response, Analyses, and Follow-up Data on Events Involving the Use of Atomic Energy Act (AEA) Radioactive Byproduct Material”PDF
80 FR 44269 - Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE: TRICARE Pharmacy Benefits ProgramPDF
80 FR 44383 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Korea, Mexico, and TurkeyPDF
80 FR 44360 - Extension of the Air Cargo Advance Screening (ACAS) Pilot Program and Reopening of Application Period for ParticipationPDF
80 FR 44376 - Pascua Yaqui Tribe of Arizona-2015 Liquor Control OrdinancePDF
80 FR 44258 - Organization; Institution Stockholder Voting ProceduresPDF
80 FR 44321 - Proposed Flood Elevation Determinations for Hawaii County, HawaiiPDF
80 FR 44366 - Changes in Flood Hazard DeterminationsPDF
80 FR 44370 - Changes in Flood Hazard DeterminationsPDF
80 FR 44363 - Changes in Flood Hazard DeterminationsPDF
80 FR 44364 - Changes in Flood Hazard DeterminationsPDF
80 FR 44369 - Proposed Flood Hazard DeterminationsPDF
80 FR 44382 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
80 FR 44411 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to NOM Order RoutingPDF
80 FR 44406 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Approval of Proposed Rule Change, as Modified by Amendments Nos. 1 and 2 Thereto, Relating to the Listing and Trading of the Shares of 18 Eaton Vance NextShares ETMFs of Either the Eaton Vance ETMF Trust or the Eaton Vance ETMF Trust IIPDF
80 FR 44403 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of Proposed Rule Change To Expire CBOE Volatility Index Options Every WeekPDF
80 FR 44370 - Agency Information Collection Activities: Submission for OMB Review; Comment Request; National Fire Department CensusPDF
80 FR 44297 - Suspension of Community EligibilityPDF
80 FR 44365 - Louisiana; Major Disaster and Related DeterminationsPDF
80 FR 44357 - Analytical Procedures and Methods Validation for Drugs and Biologics; Guidance for Industry; AvailabilityPDF
80 FR 44384 - Certain Kinesiotherapy Devices and Components Thereof; Commission Decision To Rescind a General Exclusion Order and Cease and Desist OrdersPDF
80 FR 44372 - Wyoming; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
80 FR 44365 - Changes in Flood Hazard DeterminationsPDF
80 FR 44333 - Privacy Act of 1974; System of RecordsPDF
80 FR 44333 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council (SAFMC); Public MeetingsPDF
80 FR 44331 - Gulf of Mexico Fishery Management Council (Council); Public MeetingPDF
80 FR 44323 - Submission for OMB Review; Comment RequestPDF
80 FR 44324 - Proposed Posting, Posting, and Deposting of StockyardsPDF
80 FR 44360 - National Institute of Environmental Health Sciences; Notice of Closed MeetingPDF
80 FR 44328 - Pacific Fishery Management Council; Public MeetingPDF
80 FR 44329 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingsPDF
80 FR 44330 - Fisheries of the South Atlantic; Southeast Data, Assessment and Review (SEDAR); Procedural Workshop 7 To Develop Best Practice Recommendations for SEDAR Data WorkshopsPDF
80 FR 44322 - Endangered and Threatened Species; Identification and Proposed Listing of Eleven Distinct Population Segments of Green Sea Turtles (Chelonia mydas) as Endangered or Threatened and Revision of Current Listings; Second Extension of Comment PeriodPDF
80 FR 44359 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingsPDF
80 FR 44359 - National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed MeetingPDF
80 FR 44354 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Polyvinyl Chloride and Copolymers Production (Renewal)PDF
80 FR 44359 - National Institute on Drug Abuse; Notice of MeetingPDF
80 FR 44339 - Pick-Sloan Missouri Basin Program-Eastern Division-Rate Order No. WAPA-170PDF
80 FR 44320 - Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution RulePDF
80 FR 44292 - Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution RulePDF
80 FR 44416 - Draft Re-Evaluation of the O'Hare Modernization Environmental Impact Statement; AvailabilityPDF
80 FR 44312 - Annual Financial and Actuarial Information Reporting; Changes to WaiversPDF
80 FR 44379 - Announcement of Requirements and Registration for a Prize Competition Seeking: New Concepts for Remote Fish DetectionPDF
80 FR 44259 - Airworthiness Directives; Various Transport Category AirplanesPDF
80 FR 44702 - Proposed Exemptions from Certain Prohibited Transaction RestrictionsPDF
80 FR 44752 - Exemptions From Certain Prohibited Transaction RestrictionsPDF
80 FR 44251 - Dairy Tariff-Rate Quota Import Licensing ProgramPDF
80 FR 44796 - Developmental Disabilities ProgramPDF
80 FR 44302 - Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Reopening of the Comment Period as to Specific DocumentsPDF
80 FR 44303 - Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Supplemental Proposed Rule To Solicit Comment on Limited Additional ProvisionsPDF
80 FR 44436 - Stream Protection RulePDF
80 FR 44700 - Stream Protection Rule; Draft Regulatory Impact AnalysisPDF
80 FR 44772 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement PlantsPDF
80 FR 44274 - Navigation and Navigable Waters; Technical, Organizational, and Conforming AmendmentsPDF

Issue

80 143 Monday, July 27, 2015 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Charter Renewals: Fruit and Vegetable Industry Advisory Committee, 44323 2015-18317 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Foreign Agricultural Service

See

Grain Inspection, Packers and Stockyards Administration

See

Procurement and Property Management Office, Agriculture Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44323-44324 2015-18252
Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44355-44357 2015-18301 Coast Guard Coast Guard RULES Navigation and Navigable Waters: Technical, Organizational, and Conforming Amendments, 44274-44287 2015-16520 Safety Zones: Annual Events in the Captain of the Port Buffalo Zone, 44288-44289 2015-18395 Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA, 44289-44291 2015-18390 Recurring Events in Captain of the Port Boston Zone, 44287-44288 2015-18389 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44325-44326 2015-18296
Consumer Product Consumer Product Safety Commission RULES Substantial Product Hazard List: Extension Cords, 44262-44269 2015-18294 Defense Department Defense Department RULES Civilian Health and Medical Program of the Uniformed Services/TRICARE: TRICARE Pharmacy Benefits Program, 44269-44274 2015-18290 NOTICES Privacy Act; Systems of Records, 44333-44335 2015-18266 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 44335 2015-18405 Education Department Education Department NOTICES Grant Programs: Territories and Freely Associated States Education; Final Waiver and Project Period Extension, 44335-44337 2015-18414 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions from Certain Prohibited Transaction Restrictions, 44752-44769 2015-18139 Proposed Exemptions from Certain Prohibited Transaction Restrictions, 44702-44750 2015-18144 Energy Department Energy Department See

Federal Energy Regulatory Commission

See

Western Area Power Administration

PROPOSED RULES Energy Conservation Program: Standards for Room Air Conditioners, 44301 2015-18329
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Cross-State Air Pollution, 44292-44297 2015-18217 National Emission Standards for Hazardous Air Pollutants: Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, 44772-44793 2015-16811 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Cross-State Air Pollution Rule, 44320-44321 2015-18218 Mitigation of Exposure to Bees from Acutely Toxic Pesticide Products; Extension of Comment Period, 44321 2015-18413 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Polyvinyl Chloride and Copolymers Production; Renewal, 44354 2015-18243 Request for Scientific Views: Draft Recommended Aquatic Life Ambient Water Quality Chronic Criterion for Selenium -- Freshwater 2015, 44350-44354 2015-18348 Farm Credit Farm Credit Administration RULES Organization; Institution Stockholder Voting Procedures, 44258-44259 2015-18285 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Various Transport Category Airplanes, 44259-44262 2015-18155 NOTICES Environmental Impact Statements; Availability, etc.: O'Hare Modernization, 44416-44418 2015-18209 Submission Deadline to Amend Slot Records for LaGuardia Airport, 44415-44416 2015-18336 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 44297-44300 2015-18272 PROPOSED RULES Flood Elevation Determinations: Hawaii County, HI; Withdrawal, 44321-44322 2015-18284 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Fire Department Census, 44370 2015-18273 Flood Hazard Determinations; Changes, 44363-44372 2015-18267 2015-18280 2015-18281 2015-18282 2015-18283 Flood Hazard Determinations; Corrections, 44369-44370 2015-18279 Major Disaster and Related Determinations: Louisiana, 44365 2015-18271 Major Disaster Declarations: Wyoming; Amendment No. 1, 44372 2015-18268 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Pacific Gas and Electric Co., 44337-44338 2015-18300 Transcontinental Gas Pipe Line Co., LLC, 44338-44339 2015-18297 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 44354-44355 2015-18310 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 44355 2015-18312 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 44355 2015-18311 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Identification and Proposed Listing of Eleven Distinct Population Segments of Green Sea Turtles (Chelonia mydas) as Endangered or Threatened and Revision of Current Listings; Second Extension of Comment Period, 44322 2015-18246 Food and Drug Food and Drug Administration PROPOSED RULES Food Labeling: Nutrition and Supplement Facts Labels; Revision, 44302-44312 2015-17928 2015-17929 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Data on Tobacco Products and Communications, 44357 2015-18295 Guidance: Analytical Procedures and Methods Validation for Drugs and Biologics, 44357-44358 2015-18270 Foreign Agricultural Foreign Agricultural Service RULES Dairy Tariff-Rate Quota Import Licensing Program, 44251-44258 2015-18122 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 147; Berks County, PA, 44326 2015-18334 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Proposed Posting, Posting, and Deposting of Stockyards, 44324-44325 2015-18251 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

RULES Developmental Disabilities Program, 44796-44827 2015-18070
Health Resources Health Resources and Services Administration NOTICES Statements of Organization, Functions and Delegations of Authority, 44358-44359 2015-18415 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

U.S. Customs and Border Protection

NOTICES Meetings: President's National Security Telecommunications Advisory Committee, 44375-44376 2015-18383 Privacy Act; Systems of Records, 44372-44375 2015-18385
Indian Affairs Indian Affairs Bureau NOTICES Liquor Control Ordinances: Pascua Yaqui Tribe of Arizona, 44376-44378 2015-18286 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

Reclamation Bureau

See

Surface Mining Reclamation and Enforcement Office

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44423-44433 2015-18359 2015-18362 2015-18363 2015-18364 2015-18365 2015-18366 2015-18367 2015-18368 2015-18370 2015-18371 2015-18372 2015-18381 2015-18382 2015-18384 2015-18386 2015-18387 International Trade Adm International Trade Administration NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Carbon and Certain Alloy Steel Wire Rod from Mexico, 44326-44327 2015-18335 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, and Turkey, 44383 2015-18288 Commission Decision to Rescind a General Exclusion Order and Cease and Desist Orders: Certain Kinesiotherapy Devices and Components Thereof, 44384 2015-18269 Complaints: Certain Windscreen Wipers and Components Thereof, 44382 2015-18278 Labor Department Labor Department See

Employee Benefits Security Administration

See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Meetings: Resource Advisory Council to the Boise District, 44378-44379 2015-18305 Legal Legal Services Corporation NOTICES Agricultural Worker Population Data for Basic Field-Migrant Grants, 44399-44400 2015-18315 Competitive Grant Funds; Availability: Veterans Pro Bono Program, Calendar Year 2016, 44398-44399 2015-18309 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act, 44400-44401 2015-18509 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council; Science Committee; Earth Science Subcommittee, 44401 2015-18321 National Institute National Institute of Standards and Technology NOTICES Meetings: Advisory Committee on Earthquake Hazards Reduction, 44327-44328 2015-18352 National Institute National Institutes of Health NOTICES Meetings: National Institute of Arthritis and Musculoskeletal and Skin Diseases, 44359 2015-18244 National Institute of Environmental Health Sciences, 44360 2015-18250 National Institute of Neurological Disorders and Stroke, 44359 2015-18245 National Institute on Drug Abuse, 44359-44360 2015-18242 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Species: Identification and Proposed Listing of Eleven Distinct Population Segments of Green Sea Turtles (Chelonia mydas) as Endangered or Threatened and Revision of Current Listings; Second Extension of Comment Period, 44322 2015-18246 NOTICES Fisheries of the South Atlantic; Southeast Data, Assessment and Review: Procedural Workshop 7 to Develop Best Practice Recommendations for SEDAR Data Workshops, 44330 2015-18247 Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 44333 2015-18265 Gulf of Mexico Fishery Management Council, 44331-44333 2015-18253 Mid-Atlantic Fishery Management Council, 44329-44330 2015-18248 North Pacific Fishery Management Council; Cancellation, 44328-44329 2015-18326 Pacific Fishery Management Council, 44328 2015-18249 Western Pacific Fishery Management Council, 44330-44331 2015-18322 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nuclear Material Events Database for the Collection of Event Report, Response, Analyses, and Follow-up Data on Events Involving the Use of Atomic Energy Act Radioactive Byproduct Material, 44401-44402 2015-18291 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Expansions of Recognition: TUV SUD America, Inc., 44384-44386 2015-18320 Permanent Variance Applications: Traylor Bros., Inc.; Interim Order, 44386-44398 2015-18319 Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Annual Financial and Actuarial Information Reporting; Changes to Waivers, 44312-44318 2015-18177 Procurement Procurement and Property Management Office, Agriculture Department NOTICES FY 2014 Service Contract Inventories, 44325 2015-18399 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44402-44403 2015-18314 Reclamation Reclamation Bureau NOTICES Prize Competition Requirements and Registration: New Concepts for Remote Fish Detection, 44379-44382 2015-18157 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44406, 44410-44411 2015-18323 2015-18325 Applications: BPV Capital Management, LLC and BPV Family of Funds, 44405-44406 2015-18324 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 44403-44405 2015-18274 The NASDAQ Stock Market, LLC, 44406-44413 2015-18275 2015-18276 Small Business Small Business Administration NOTICES Disaster Declarations: Colorado, 44414 2015-18406 Kansas, 44413-44414 2015-18412 Oklahoma; Amendment 7, 44414-44415 2015-18411 Texas; Amendment 8, 44414 2015-18409 State Department State Department NOTICES Designations and Determinations Pursuant to the Foreign Missions Act: Development and Management of Approximately 32 Acres in the District of Columbia, on a Portion of the Former Walter Reed Army Medical Center, 44415 2015-18333 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Stream Protection Rule, 44436-44698 2015-17308 NOTICES Stream Protection Rule: Draft Regulatory Impact Analysis, 44700 2015-17292 Transportation Department Transportation Department See

Federal Aviation Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44418-44423 2015-18398
Treasury Treasury Department See

Internal Revenue Service

Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importer ID Input Record, 44361-44362 2015-18306 Air Cargo Advance Screening Pilot Program, 44360-44361 2015-18287 Veteran Affairs Veterans Affairs Department PROPOSED RULES Payment of Emergency Medication, 44318-44320 2015-18331 Western Western Area Power Administration NOTICES Rate Orders: Pick-Sloan Missouri Basin Program--Eastern Division, 44339-44350 2015-18240 Separate Parts In This Issue Part II Interior Department, Surface Mining Reclamation and Enforcement Office, 44436-44698 2015-17308 Part III Interior Department, Surface Mining Reclamation and Enforcement Office, 44700 2015-17292 Part IV Labor Department, Employee Benefits Security Administration, 44702-44750 2015-18144 Part V Labor Department, Employee Benefits Security Administration, 44752-44769 2015-18139 Part VI Environmental Protection Agency, 44772-44793 2015-16811 Part VII Health and Human Services Department, 44796-44827 2015-18070 Reader Aids

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

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.thefederalregister.org and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

80 143 Monday, July 27, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Foreign Agricultural Service 7 CFR Part 6 RIN 0551-AA82 Dairy Tariff-Rate Quota Import Licensing Program AGENCY:

Foreign Agricultural Service, USDA.

ACTION:

Final rule.

SUMMARY:

This final rule amends the regulation that provides for the issuance of licenses to import certain dairy articles under tariff-rate quotas (TRQs) as set forth in the Harmonized Tariff Schedule of the United States. The three most significant changes to the rule are to suspend for an additional seven years the historical license reduction provision which was set to expire with the beginning of quota year 2016; to modify procedures for collecting licensing fees in order to better align the fee collection to the costs of administering the program; and to exclusively use electronic communications in the application, reporting and payment processes. The expected outcome from these changes is to allow license holders to adjust to changing market conditions impacting the dairy sector; increase the Department's ability to more closely align cost recovery with the actual costs of administering the program; and allow the Department to reduce lag times, minimize paper files, and increase the efficiency of the program operations.

DATES:

Effective Date: September 1, 2015.

FOR FURTHER INFORMATION CONTACT:

Sugar and Dairy Branch, Import Policies and Export Reporting Division, Office of Trade Programs, Foreign Agricultural Service, U.S. Department of Agriculture, (202) 720-0638; fax (202) 720-0876; [email protected]

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The rule has been determined to be not significant under E.O. 12866 and has been reviewed by the Office of Management and Budget.

Regulatory Flexibility Act

The Regulatory Flexibility Act ensures that regulatory and information requirements are tailored to the size and nature of small businesses, small organizations, and small governmental jurisdictions. This rule will not have a significant economic impact on small businesses participating in the program.

Executive Order 12988

This rule has been reviewed under Executive Order 12988. The provisions of this rule would not have a preemptive effect with respect to any State or local laws, regulations, or policies which conflict with such provision or which otherwise impede their full implementation. This rule will not have a retroactive effect. Before any judicial action may be brought forward regarding this rule, all administrative remedies must be exhausted.

National Environmental Policy Act

The Administrator has determined that this action will not have a significant effect on the quality of the human environment. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is necessary for this rule.

Unfunded Mandates Reform Act (Pub. L. 104-4)

Public Law 104-4 requires consultation with state and local officials and Indian tribal governments. This rule does not impose an unfunded mandate or any other requirement on state, local, or tribal governments. Accordingly, these programs are not subject to the provisions of the Unfunded Mandates Reform Act.

Executive Order 12630

This Executive Order requires careful evaluation of governmental actions that interfere with constitutionally protected property rights. This rule does not interfere with any property rights and, therefore, does not need to be evaluated on the basis of the criteria outlined in Executive Order 12630.

Government Paperwork Elimination Act

The United States Department of Agriculture (USDA) is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible.

Background

The Foreign Agricultural Service (FAS), under a delegation of authority from the Secretary of Agriculture, administers the Dairy Tariff-Rate Quota Import Licensing regulation codified at 7 CFR 6.20 through 6.37 that provides for the issuance of licenses to import certain dairy articles under tariff-rate quotas (TRQs) as set forth in certain notes in Chapter 4 of the Harmonized Tariff Schedule of the United States. These dairy articles may only be entered into the United States at the low-tier tariff by or for the account of a person, as defined in the regulation, to whom such licenses have been issued and only in accordance with the terms and conditions of the regulation. Licenses are issued on a calendar year basis, and each license authorizes the licensee to import a specified quantity and type of dairy article from a specified country of origin.

Under TRQs, a low tariff rate, commonly referred to as the in-quota rate, applies to imports up to a specified quantity. A higher tariff rate, commonly referred to as the over-quota rate, applies to any imports in excess of that amount. No license is required to import products at the over-quota tariff rate.

USDA issues three types of licenses: Historical, non-historical (lottery), and designated. For all three license types, the current regulation provides that persons must apply each year between September 1 and October 15. Historical and designated licensees may apply for lottery licenses subject to certain conditions. Licensees may fail to qualify for a license for a specific item from a specific country in the following year, if they do not meet certain requirements. Licensees must (i) apply for the license each year, (ii) pay an annual fee, and (iii) have imported at least 85 percent of the final license amount from the previous year. To avoid ineligibility due to the 85 percent rule, licensees may surrender up to 100 percent of the license, but must import 85 percent of any quantity not surrendered. Section 6.25(b) of this regulation provides that beginning with the 2023 quota year, any historical licensee who surrenders more than 50 percent of the license amount for the same item from the same country during at least three of the most recent five years will be issued a license thereafter in an amount equal to the average amount imported under that license for those five quota years.

This rule provides historical license holders additional time to adjust to changing market conditions by suspending the § 6.25(b) provision through the end of quota year 2022. Since this rule was adopted in order to implement U.S. obligations under the Uruguay Round Agreement on Agriculture, the § 6.25(b) provision has previously been suspended on three different occasions: For five years, 2001-2005; for two years, 2009-10; and for five years, 2011-15. The rule also now provides that reporting, payment, and application for licenses be made only by electronic submission in order to reduce the use of paper and streamline operations. Additionally, the rule modifies procedures for collecting licensing fees in order to better align the fee collection with the costs of administering the program. The previous regulation allowed applicants to apply for a license, generating administrative costs for the USDA, and then choose not to pay for the license, thus resulting in unrecovered administrative expenses. This rule imposes financial consequences for such non-payment, which will increase USDA's ability to recover program expenses.

This rule does not make any modifications to the appendices to this subpart.

Discussion of Comments

On February 6, 2013, USDA published in the Federal Register (78 FR 8434) an advanced notice of proposed rulemaking (ANPR) soliciting comment on all aspects of the previous dairy import licensing rule. USDA received comments from 46 interested parties and a summary of the comments was provided in the background to the Proposed Rule published December 23, 2014 (79 FR 76919).

The comment period on the Proposed Rule ended February 23, 2015, and a total of 23 comments were received. Twenty-two of the comments received were similar in nature, provided support for the proposed rule, and are summarized as follows.

Historical License Reduction Provision

Respondents generally support the additional seven year suspension of the historical license reduction provision (§ 6.25(b)) from the rule, but would prefer its complete elimination. They were concerned that market factors outside of importers' control will in the future lead to low fill-rates and possible loss of licenses. One respondent did not oppose the additional seven year suspension, but suggested it be enforced only to the same extent as the relative fill rates for non-historical licenses. In such a system, a historical license holder would not be in jeopardy unless its fill rate fell below the fill-rate of non-historical licenses for the same article.

Response: USDA chose the seven year suspension over complete elimination because the provision is generally in the public interest. As market conditions change, it may be important in the future to maintain the existence of the § 6.25(b) provision in order to have a mechanism that stimulates the transfer of under-utilized historical licenses to the lottery category. USDA will not adopt a new system, such as the proposal to link § 6.25(b) provisions for retaining licenses with fill rates in the lottery category, because of the complexity of administering such a system and the lack of support from other respondents.

Timing of Implementation of Historical License Reduction Provision

They oppose implementing the historical license reduction provision beginning in 2023, and propose instead that 2023 would be the first of a new five-year base period lasting until 2027. Under this scheme, the first reductions could not occur until 2028.

Response: USDA chose to follow the same process used for the three previous suspensions. The seven year suspension should allow historical licenses holders sufficient time to adjust to changing market conditions and take necessary actions to comply with the provision.

Administering the License Fee

They generally support the proposed changes to tightening the timeline for making payments to 10 days from the date of issuance, and support requiring that an applicant who applies for and is issued a license pay for all licenses issued. One respondent preferred to maintain the payment deadline at 30 days and opposed revoking an entire licensee's portfolio for failure to pay the fee for a single license within ten days of receipt of a warning letter.

Response: USDA will implement the proposed changes to the license fee payment timeline and loss of all licenses for failure to pay for all licenses. The proposed changes have the support of the large majority of respondents, will expedite the processing of licenses and will allow USDA to better align the fee collection to the costs of administering the program.

Level of the License Fee

Twenty of the 23 respondents expressed concerns with the rising costs of license fees. These 20 respondents did not express concerns with the current fee but noted that fees have increased by more than 66 percent in recent years and expressed an opinion that future increases be avoided.

Response: USDA sets the license fee at the total estimated cost of administering the licensing program, divided by the number of licenses issued and accepted. The proposed changes will more closely align the fees to the cost of administering the program.

Electronic Communication

Twenty-two respondents commented that they appreciated the desire to move toward exclusive use of electronic communications, but are concerned about the ability of USDA's computer system to automatically access entry data from the CBP system. If eligibility requirements cannot be verified through entries on the CBP system, USDA currently requests CBP Form 7501 in order to conduct a manual evaluation. Unlicensed importers and licensed importers attempting to qualify with unlicensed entries occasionally submit the forms to USDA via U.S. Mail to verify entries and eligibility.

Response: USDA recognizes the need for manual verification of the CBP Form 7501 for un-licensed importers and licensed importers attempting to qualify with unlicensed entries. USDA has amended this final rule to explicitly recognize emails and attached electronic files (e.g. PDFs, Word Documents, and Excel Spreadsheets) as electronic communications. Licensed and un-licensed importers attempting to qualify using unlicensed entries must obtain an electronic copy, such as a digital scan of the CBP-7501 forms, and email them to USDA. USDA will no longer accept U.S. Mail, faxes, or hard copies. Licensed importers qualifying with licensed entries will continue to be assessed for eligibility based solely on CBP import records as cross-checked through DAIRIES. No additional verification is required for licensed refiners qualifying with licensed entries.

One respondent recommended the replacement of the current lottery system for non-historical and surrendered licenses with a first-come-first-served (FCFS) system. The respondent stated that a FCFS system would provide simplicity, lower transaction costs, eliminate licensing fees, allow greater flexibility for adapting to new market conditions and allow for continuing business relationships.

Response: USDA will not replace the current licensing system with a FCFS system. Although USDA recognizes some advantages to a FCFS system, the current system generally permits adequate flexibility to administer the dairy import licensing requirements.

Summary of Changes to Final Rule

The following is a summary of the substantive changes to the final regulation:

The name of the program has been changed throughout the document to read “Dairy Tariff-Rate Quota Import Licensing.”

References to the process used for the initial allocation of licenses, which took place based on the 1997 quota year, have been removed throughout this rule due to the fact that current allocations are now based on the preceding quota year. References to the 1997 quota year allocations were removed from the following sections: §§ 6.20(b), 6.23(b)(2), 6.23(b)(3), 6.23(b)(4), 6.23(b)(5), 6.25(a)(1), 6.25(a)(2), 6.25(a)(3), and 6.26(f).

Section 6.21 Definitions has been updated to include several modifications. The definition of “Article other than cheese or cheese products” now specifies that the article is a dairy product. The definition of “EC” no longer lists the current members, because new members may be added at any time. Therefore, the definition of “EC” is defined to be those countries listed in Additional U.S. Note 2 to Chapter 4 of the Harmonized Tariff Schedule, because this is published annually and maintained current. “Customs” has been replaced throughout the rule with “CBP” which stands for U.S. Customs and Border Protection. The definition of “Licensing Authority” removes reference to a specific USDA division. The definition of “Other Countries” deletes the reference to the Harmonized Tariff Schedule. The definition of “Postmark” is deleted from this section, given that physical mail will no longer be accepted. This rule requires that all communications, applications, reporting and payment be made electronically as designated by the Licensing Authority. Therefore, references to physical mail, postmarks, mailing addresses, or physical locations have been deleted throughout the rule. The references to physical mail delivery that have been deleted are found in the following sections: §§ 6.24(a), 6.24(b)(1), 6.24(c), 6.25(d)(1), 6.26(a), 6.26(c), 6.28(b), 6.33(b), 6.33(c), 6.35(b), and 6.36(b). Additionally, a valid email address is now required for eligibility. The requirement for an email address has been added to § 6.23(a)(3).

Section 6.22(b) was deleted from the rule because these references to General Note 15 provisions of the HTS are not covered, nor in any way affected, by the dairy import licensing program.

Section 6.24(b)(1) requires for licensed qualifying entries, verification will be only processed through DAIRIES and cross checked with entries in the CBP system. For unlicensed qualifying entries, the applicant will submit an electronic copy (e.g. scanned PDF) of CBP Form 7501 to the Licensing Authority.

Section 6.24(c) was deleted because it primarily applied to mailed hardcopy applications. The information submitted through the current electronic application system obviates the need for submitting this additional information.

Section 6.25(a)(1) through (3) was deleted because the historic allocation process is no longer relevant. New quota year allocations are made based on the preceding year's allocations and usage.

Section 6.25(b) extends the date of the suspension of the historical licenses reduction provision for an additional seven years, expiring with the beginning of quota year 2023.

Section 6.25(d)(1)(ii) requires, for Appendix 3 allocations, that countries designate the allocations of specific articles to importers in kilograms. This requirement will reduce any disputes arising from converting percentages into weights.

Section 6.26(c) was rewritten to clarify the surrender and allocation process for persons who were issued an import license for a cheese or cheese product article versus a person who was issued an import license for an article other than cheese or cheese products.

Section 6.28(b) requires that all license holders who intend to convey their business and are requesting USDA to transfer a license, submit the required documentation by email. The option to send documents via physical mail or courier is no longer available.

Section 6.33(b) tightens the timeline for making payments and requires payment in full within 10 days from the date of the issuance of the license, rather than the current 30 day period. This change would allow USDA to accelerate some of its administrative functions of operating the licensing program because the use of electronic payment does not require the longer lag time necessary for processing paper checks.

Section 6.33(c) requires that an applicant who applies for and is issued a license pay for all licenses issued, or a hold will be placed on all licenses of such applicant. If after receiving a warning letter via email from the Licensing Authority, the applicant does not pay in full within 10 days for all licenses issued, then all licenses issued to the licensee, paid or unpaid, will be revoked.

Section 6.33(d) is deleted pursuant to the previous clause (§ 6.33(c)) and no longer permits licensees not to accept or pay for certain licenses issued to them. The cost of administering the licensing program is incurred by USDA during the application and allocation process; therefore, applicants will be required to pay for licenses issued in accordance with § 6.33(c) or have all licenses revoked.

Section 6.37 is removed. This administrative change is an improvement in the method of publishing the annual adjustment of the appendixes to reflect changes in the quantities of historical (Appendix 1) and lottery (appendix 2) license amounts (section 6.37). Previously, the final rule required an amendment each year. Instead, the Department of Agriculture will now annually publish the adjustments to the appendixes by Notice in the Federal Register.

List of Subjects in 7 CFR Part 6

Agricultural commodities, Dairy, Cheese, Imports, Procedural rules, Application requirements, Tariff-rate quota, Reporting and recordkeeping requirements.

Accordingly, for these reasons, 7 CFR part 6 is amended as follows:

PART 6—IMPORT QUOTAS AND FEES Subpart—Dairy Tariff-Rate Quota Import Licensing 1. The authority citation for Subpart—Dairy Tariff-Rate Quota Import Licensing continues to read as follows: Authority:

Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25 to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat. 1051, as amended (31 U.S.C. 9701), and secs. 103 and 404, Pub. L. 103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601).

2. The heading for “Subpart—Dairy Tariff-Rate Import Quota Licensing” is revised to read as set forth above. 3. Sections 6.20 through 6.36 are revised to read as follows: 6.20 Introduction. 6.21 Definitions. 6.22 Requirement for a license. 6.23 Eligibility to apply for a license. 6.24 Application for a license. 6.25 Allocation of licenses. 6.26 Surrender and reallocation. 6.27 Limitations on use of license 6.28 Transfer of license. 6.29 Use of licenses. 6.30 Record maintenance and inspection. 6.31 Debarment and suspension. 6.32 Globalization of licenses. 6.33 License fee. 6.34 Adjustment of appendices. 6.35 Correction of errors. 6.36 Miscellaneous.
§ 6.20 Introduction.

(a) Presidential Proclamation 6763 of December 23, 1994, modified the Harmonized Tariff Schedule of the United States affecting the import regime for certain articles of dairy products. The Proclamation terminated quantitative restrictions that had been imposed pursuant to section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624); proclaimed tariff-rate quotas for such articles pursuant to Public Law 103-465; and specified which of such articles may be entered only by or for the account of a person to whom a license has been issued by the Secretary of Agriculture.

(b) Effective January 1, 1995, the prior regime of absolute quotas for certain dairy products was replaced by a system of tariff-rate quotas. The articles subject to licensing under the tariff-rate quotas are listed in Appendices 1, 2, and 3 to be published annually in a notice in the Federal Register. Licenses permit the holder to import specified quantities of the subject articles into the United States at the applicable in-quota rate of duty. If an importer has no license for an article subject to licensing, such importer will, with certain exceptions, be required to pay the applicable over-quota rate of duty.

(c) The Secretary of Agriculture has determined that this subpart will, to the fullest extent practicable, result in fair and equitable allocation of the right to import articles subject to such tariff-rate quotas. The subpart will also maximize utilization of the tariff-rate quotas for such articles, taking due account of any special factors which may have affected or may be affecting the trade in the articles concerned.

§ 6.21 Definitions.

As used in this subpart and the appendices thereto, the following terms are defined as follows:

Article. One of the products listed in Appendices 1, 2, or 3, which are the same as those described in Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25 to Chapter 4 of the Harmonized Tariff Schedule.

Article other than cheese or cheese products. Any article that is a dairy product, but not a cheese or cheese product.

CBP. United States Customs and Border Protection, U.S. Department of Homeland Security.

Cheese or cheese products. Articles in headings 0406, 1901.90.34, and 1901.90.36 of the Harmonized Tariff Schedule.

Commercial entry. Any entry except those made by or for the account of the United States Government or for a foreign government, for the personal use of the importer or for sampling, taking orders, research, or the testing of equipment.

Country. Country of origin as determined in accordance with CBP rules and regulations, except that “EC”, and “Other countries” shall each be treated as a country.

DAIRIES. The “Dairy Accelerated Importer Retrieval and Information Exchange System”. The web-based user interface system which persons must utilize to apply for and manage licenses, and through which the Licensing Authority will communicate all program notices.

Dairy products. Articles in headings 0401 through 0406, margarine cheese listed under headings 1901.90.34 and 1901.90.36, ice cream listed under heading 2105, and casein listed under heading 3501 of the Harmonized Tariff Schedule.

Department. The United States Department of Agriculture.

EC. Those countries listed in Additional U.S. Note 2 to Chapter 4 of the Harmonized Tariff Schedule.

Enter or Entry. To make or making entry for consumption, or withdrawal from warehouse for consumption in accordance with CBP regulations and procedures.

Harmonized Tariff Schedule or HTS. The Harmonized Tariff Schedule of the United States.

Licensee. A person to whom a license has been issued under this subpart.

Licensing Authority. Any officer or employee of the U.S. Department of Agriculture designated to act in this position by the Director of the Division charged with managing the Dairy Tariff-Rate Quota Import Licensing System.

Other countries. Countries not listed by name as having separate tariff-rate quota allocations for an article.

Person. An individual, firm, corporation, partnership, association, trust, estate or other legal entity.

Process or processing. Any additional preparation of a dairy product, such as melting, grating, shredding, cutting and wrapping, or blending with any additional ingredient.

Quota year. The 12-month period beginning on January 1 of a given year.

Tariff-rate quota amount or TRQ amount. The amount of an article subject to the applicable in-quota rate of duty established under a tariff-rate quota.

United States. The customs territory of the United States, which is limited to the 50 states, the District of Columbia, and Puerto Rico.

§ 6.22 Requirement for a license.

A person who seeks to enter, or cause to be entered an article as a commercial entry, shall obtain a license, in accordance with this subpart.

§ 6.23 Eligibility to apply for a license.

(a) In general. To apply for any license, a person shall have:

(1) A business office, and be doing business, in the United States, and

(2) An agent in the United States for service of process, and

(3) An email address to be used for correspondence regarding licensing activities and reports.

The licensee is responsible to continuously maintain a valid email address in DAIRIES for use in communicating with the Licensing Authority.

(b) Eligibility for 2016 and subsequent quota years. (1) Historical licenses (Appendix 1). A person issued a historical license for an article for the current quota year may apply for a historical license (Appendix 1) for the next quota year for the same article from the same country, if such person was, during the 12-month period ending August 31 prior to the quota year, either:

(i) Where the article is cheese or cheese product,

(A) The owner of and importer of record for at least three separate commercial entries of cheese or cheese products totaling not less than 57,000 kilograms net weight, each of the three entries not less than 2,000 kilograms net weight;

(B) The owner of and importer of record for at least eight separate commercial entries of cheese or cheese products, from at least eight separate shipments, totaling not less than 19,000 kilograms net weight, each of the eight entries not less than 450 kilograms net weight, with a minimum of two entries in each of at least three quarters during that period; or

(C) The owner or operator of a plant listed in Section II or listed in Section I as a processor of cheese of the most current issue of “Dairy Plants Surveyed and Approved for USDA Grading Service” and had processed or packaged at least 450,000 kilograms of cheese or cheese products in its own plant in the United States; or

(ii) Where the article is not cheese or cheese product,

(A) The owner of and importer of record for at least three separate commercial entries of dairy products totaling not less than 57,000 kilograms net weight, each of the three entries not less than 2,000 kilograms net weight;

(B) The owner of and importer of record for at least eight separate commercial entries of dairy products, from at least eight separate shipments, totaling not less than 19,000 kilograms net weight, each of the eight entries not less than 450 kilograms net weight, with a minimum of two entries in each of at least three quarters during that period;

(C) The owner or operator of a plant listed in the most current issue of “Dairy Plants Surveyed and Approved for USDA Grading Service” and had manufactured, processed or packaged at least 450,000 kilograms of dairy products in its own plant in the United States; or

(D) The exporter of dairy products in the quantities and number of shipments required under (A) or (B) above.

(2) Nonhistorical licenses for cheese or cheese products (Appendix 2). A person may annually apply for a nonhistorical license for cheese or cheese products (Appendix 2) if such person meets the requirements of paragraph (b)(1)(i) of this section.

(3) Nonhistorical licenses for articles other than cheese or cheese products (Appendix 2). A person may annually apply for a nonhistorical license for articles other than cheese or cheese products (Appendix 2) if such person meets the requirements of paragraph (b)(1)(ii) of this section.

(4) Designated license (Appendix 3). A designated license may be issued to a person who has applied for a license, has met the requirements of paragraph (b)(1)(i) of this section, and is designated by the government of a country for such license according to § 6.25(d).

(c) Exceptions. (1) A licensee that fails in a quota year to enter at least 85 percent of the amount of an article permitted under a license shall not be eligible to receive a license for the same article from the same country for the next quota year. For the purpose of this paragraph, the amount of an article permitted under the license will exclude any amounts surrendered pursuant to § 6.26(a), but will include any additional allocations received pursuant to § 6.26(b).

(2) Paragraph (c)(1) of this section will not apply where the licensee demonstrates to the satisfaction of the Licensing Authority that the failure resulted from breach by a carrier of its contract of carriage, breach by a supplier of its contract to supply the article, act of God or force majeure.

(3) Paragraph (c)(1) of this section may not apply in the case of historical or nonhistorical licenses, where the licensee demonstrates to the satisfaction of the Licensing Authority that the country specified on the license maintains or permits an export monopoly to control the dairy articles concerned and the licensee petitions the Licensing Authority to waive this requirement. The licensee shall submit evidence that the country maintains an export monopoly as defined in this paragraph. For the purposes of this paragraph “export monopoly” means a privilege vested in one or more persons consisting of the exclusive right to carry on the exportation of any article of dairy products from a country to the United States.

(4) The Licensing Authority will not issue a nonhistorical license (Appendix 2) for an article from a country during a quota year to an applicant who is affiliated with another applicant to whom the Licensing Authority is issuing a non-historical license for the same article from the same country for that quota year. Further, the Licensing Authority will not issue a nonhistorical license for butter to an applicant who is affiliated with another applicant to whom the Licensing Authority is issuing a historical butter license of 57,000 kilograms or greater. For the purpose of this paragraph, an applicant will be deemed affiliated with another applicant if:

(i) The applicant is the spouse, brother, sister, parent, child or grandchild of such other applicant;

(ii) The applicant is the spouse, brother, sister, parent, child or grandchild of an individual who owns or controls such other applicant;

(iii) The applicant is owned or controlled by the spouse, brother, sister, parent, child or grandchild of an individual who owns or controls such other applicant.

(iv) Both applicants are 5 percent or more owned or directly or indirectly controlled, by the same person;

(v) The applicant, or a person who owns or controls the applicant, benefits from a trust that controls such other applicant.

(5) The Licensing Authority will not issue a nonhistorical license (Appendix 2) for an article from a country during a quota year to an applicant who is associated with another applicant to whom the Licensing Authority is issuing a nonhistorical license for the same article from the same country for that quota year. Further, the Licensing Authority will not issue a nonhistorical license for butter to an applicant who is associated with another applicant to whom the Licensing Authority is issuing a historical butter license for 57,000 kilograms or greater. For the purpose of this paragraph, an applicant will be deemed associated with another applicant if:

(i) The applicant is an employee of, or is controlled by an employee of, such other applicant;

(ii) The applicant manages or is managed by such other applicant, or economically benefits, directly or indirectly, from the use of the license issued to such other applicant.

(6) The Licensing Authority will not issue a nonhistorical license for an article from a country during a quota year, for which the applicant receives a designated license.

§ 6.24 Application for a license.

(a) Application for license shall be made on electronic forms designated for the purpose by the Licensing Authority. All parts of the application shall be completed. The application shall be transmitted no earlier than September 1 and no later than midnight October 15 of the year preceding that for which license application is made. The Licensing Authority will not accept incomplete applications.

(b)(1) Where the applicant seeks to establish eligibility on the basis of imports, applications shall include identification of entries sufficient to establish the applicant as the importer of record of entries required under § 6.23, during the 12-month period ending August 31 prior to the quota year for which license is being sought. For qualifying licensed entries, verification will be only processed through DAIRIES and cross checked with entries in the CBP system. For qualifying unlicensed entries, the applicant will submit an electronic copy (e.g. scanned PDF) of CBP Form 7501 to the Licensing Authority.

(2) Where the applicant seeks to establish eligibility on the basis of exports, applications shall include:

(i) Census Form 7525 or a copy of the electronic submission of such form, and

(ii) The commercial invoice or bill of sale for the quantities and number of export shipments required under § 6.23, during the 12-month period ending August 31 prior to the quota year for which license is being sought.

(c) An applicant requesting more than one nonhistorical license must rank order these requests by the applicable Additional U.S. Note number. Cheese and cheese products must be ranked separately from dairy articles other than cheese or cheese products.

§ 6.25 Allocation of licenses.

(a) Licensing Authority. The Licensing Authority will issue historical, nonhistorical and designated licenses.

(b) Historical licenses for the 2016 and subsequent quota years (Appendix 1). A person issued a historical license for the current quota year will be issued a historical license in the same amount for the same article from the same country for the next quota year except that beginning with the 2023 quota year, a person who has surrendered more than 50 percent of such historical license in at least three of the prior 5 quota years will thereafter be issued a license in an amount equal to the average annual quantity entered during those 5 quota years.

(c) Nonhistorical licenses (Appendix 2). The Licensing Authority will allocate nonhistorical licenses on the basis of a rank-order lottery system, which will operate as follows:

(1) The minimum license size shall be:

(i) Where the article is cheese or cheese product:

(A) The total amount available for nonhistorical license where such amount is less than 9,500 kilograms;

(B) 9,500 kilograms where the total amount available for nonhistorical license is between 9,500 kilograms and 500,000 kilograms, inclusive;

(C) 19,000 kilograms where the total amount available for nonhistorical license is between 500,001 kilograms and 1,000,000 kilograms, inclusive;

(D) 38,000 kilograms where the total amount available for nonhistorical license is greater than 1,000,000 kilograms; or

(E) An amount less than the minimum license size established in paragraphs (c)(1)(i) (A) through (D) of this section, if requested by the licensee;

(ii) Where the article is not cheese or cheese product:

(A) The total amount available for nonhistorical license where such amount is less than 19,000 kilograms;

(B) 19,000 kilograms where the total amount available for nonhistorical license is between 19,000 kilograms and 550,000 kilograms, inclusive;

(C) 38,000 kilograms where the total amount available for nonhistorical license is between 550,001 kilograms and 1,000,000 kilograms, inclusive; and

(D) 57,000 kilograms where the total amount available for nonhistorical license is greater than 1,000,000 kilograms;

(E) An amount less than the minimum license sizes established in paragraphs (c)(1)(i)(A) through (D) of this section, if requested by the licensee.

(2) Taking into account the order of preference expressed by each applicant, as required by § 6.24(c), the Licensing Authority will allocate licenses for an article from a country by a series of random draws. A license of minimum size will be issued to each applicant in the order established by such draws until the total amount of such article in Appendix 2 has been allocated. An applicant that receives a license for an article will be removed from the pool for subsequent draws until every applicant has been allocated at least one license, provided that the licenses for which they applied are not already fully allocated. Any amount remaining after the random draws which is less than the applicable minimum license size may, at the discretion of the licensing Authority, be prorated equally among the licenses awarded for that article.

(d) Designated licenses (Appendix 3). (1) With respect to an article listed in Appendix 3, the government of the applicable country may, not later than October 31 prior to the beginning of a quota year, submit directly by email to the Licensing Authority:

(i) The names, addresses and emails of the importers that it is designating to receive licenses; and

(ii) The amount, in kilograms, of such article for which each such importer is being designated. Where quantities for designation result from both Tokyo Round concessions and Uruguay Round concessions, the designations should be made in terms of each.

(2) To the extent practicable, the Licensing Authority will issue designated licenses to those importers, and in those amounts, indicated by the government of the applicable country, provided that the importer designated meets the eligibility requirements set forth in § 6.23. Consistent with the international obligations of the United States, the Licensing Authority may disregard a designation if the Licensing Authority determines that the person designated is not eligible for any of the reasons set forth in § 6.23(c)(1) or (2).

(3) If a government of a country which negotiated in the Uruguay Round for the right to designate importers has not done so, but determines to designate importers for the next quota year, it shall indicate its intention to do so directly and in writing to the Licensing Authority not later than July 1 prior to the beginning of such next quota year. Furthermore, if a government that has designated importers for a quota year determines that it will not continue to designate importers for the next quota year, it shall so indicate directly and in writing to the Licensing Authority, not later than July 1 prior to such next quota year.

§ 6.26 Surrender and reallocation.

(a) If a licensee determines that it will not enter the entire amount of an article permitted under its license, such licensee shall surrender its license right to enter the amount that it does not intend to enter. Surrender shall be made to the Licensing Authority no later than October 1. Any surrender shall be final and shall be only for that quota year, except as provided in § 6.25(b). The amount of the license not surrendered shall be subject to the license use requirements of § 6.23(c)(1).

(b) For each quota year, the Licensing Authority will, to the extent practicable, reallocate any amounts surrendered.

(c) Any person who qualified for or was issued a cheese or cheese product license for a quota year may apply to receive additional license, or addition to an existing license for a portion of the amount being reallocated. A person who did not qualify for a cheese or cheese product license for a quota year, but qualified only for a license for articles other than cheese or cheese products, may only apply to receive an additional license for articles other than cheese or cheese products, or addition to an existing license for articles other than cheese or cheese products for a portion of the amount being reallocated. The application shall be submitted to the Licensing Authority no earlier than September 1 and not later than September 15, and shall specify:

(1) The name and control number of the applicant;

(2) The article and country being requested, the applicable HTS Additional U.S. Note number and, if more than one article is requested, a rank-order by Additional U.S. Note number; and

(3) If applicable, the number of the license issued to the applicant for that quota year permitting entry of the same article from the same country.

(d) The Licensing Authority will reallocate surrendered amounts among applicants as follows:

(1) The minimum license size, or addition to an existing license, will be the total amount of the article from a country surrendered, or 10,000 kilograms, whichever is less;

(2) Minimum size licenses, or additions to an existing license, will be allocated among applicants requesting articles on the basis of the rank-order lottery system described in § 6.25(c);

(3) If there is any amount of an article from a country left after minimum size licenses have been issued, the Licensing Authority may allocate the remainder in any manner it determines equitable among applicants who have requested that article; and

(4) No amount will be reallocated to a licensee who has surrendered a portion of its license for the same article from the same country during that quota year unless all other licensees applying for a reallocated quantity have been allocated a license;

(e) However, if the government of an exporting country chooses to designate eligible importers for surrendered amounts under Appendix 3, the Licensing Authority shall issue the licenses in accordance with § 6.25(d)(2), provided that the government of the exporting country notifies the Licensing Authority of its designations no later than September 1. Such notification shall contain the names, addresses, and emails addresses of the importers that it is designating and the amount in kilograms of such article for which each importer is being designated. In such case the requirements of paragraph (c) of this section shall not apply.

§ 6.27 Limitations on use of license.

(a) A licensee shall not obtain or use a license for speculation, brokering, or offering for sale, or permit any other person to use the license for profit.

(b) A licensee who is eligible as a manufacturer or processor, pursuant to § 6.23, shall process at least 75 percent of its licensed imports in such person's own facilities and maintain the records necessary to so substantiate.

§ 6.28 Transfer of license.

(a) If a licensee sells or conveys its business involving articles covered by this subpart to another person, including the complete transfer of the attendant assets, the Licensing Authority will transfer to such other person the historical, nonhistorical or designated license issued for that quota year. Such sale or conveyance must be unconditional, except that it may be in escrow with the sole condition for return of escrow being that the Licensing Authority determines that such sale does not meet the requirements of this paragraph.

(b) The parties seeking transfer of license shall give written notice to the Licensing Authority of the intended sale or conveyance described in paragraph (a) of this section by email. The notice must be received by the Licensing Authority at least 20 working days prior to the intended consummation of the sale or conveyance. Such notice shall include electronic copies of the documents of sale or conveyance. The Licensing Authority will review the documents for compliance with the requirements of paragraph (a) of this section and advise the parties in writing of its findings by the end of the 20-day period. The parties shall have the burden of demonstrating to the satisfaction of the Licensing Authority that the contemplated sale or conveyance complies with the requirements of paragraph (a) of this section. Within 15 days of the consummation of the sale or conveyance, the parties shall email the final documents to the Licensing Authority. The Licensing Authority will not transfer the licenses unless the documents are submitted in accordance with this paragraph.

(c) The eligibility for a license of a person to whom a business is sold or conveyed will be determined for the next quota year in accordance with § 6.23. For the purposes of § 6.23(b)(1) the person to whom a business is sold or conveyed shall be deemed to be the person to whom the historical licenses were issued during the quota year in which the sale or conveyance occurred. Further, for the purposes of § 6.23(b) and (c), the entries made under such licenses by the original licensee during the year in which the sale of conveyance is made, shall be considered as having been made by the person to whom the business was sold or conveyed.

§ 6.29 Use of licenses.

(a) An article entered under a license shall be an article produced in the country specified on the license.

(b) An article entered or withdrawn from warehouse for consumption under a license must be entered in the name of the licensee as the importer of record by the licensee or its agent, and must be owned by the licensee at the time of such entry.

(c) If the article entered or withdrawn from warehouse for consumption was purchased by the licensee through a direct sale from a foreign supplier, the licensee shall present, at the time of entry:

(1) A true and correct copy of a through bill of lading from the country; and

(2) A commercial invoice or bill of sale from the seller, showing the quantity and value of the product, the date of purchase and the country; or

(3) Where the article was entered into warehouse by the foreign supplier, CBP Form 7501 endorsed by the foreign supplier, and the commercial invoice.

(d) If the article entered was purchased by the licensee via sale-in-transit, the licensee shall present, at the time of entry:

(1) A true and correct copy of a through bill of lading endorsed by the original consignee of the goods;

(2) A certified copy of the commercial invoice or bill of sale from the foreign supplier to the original consignee of the goods; and

(3) A commercial invoice or bill of sale from the original consignee to the licensee.

(e) If the article entered was purchased by the licensee in warehouse, the licensee shall present, at the time of entry:

(1) CBP Form 7501 endorsed by the original consignee of the goods;

(2) A certified copy of the commercial invoice or bill of sale from the foreign supplier to the original consignee of the goods; and

(3) A commercial invoice or bill of sale from the original consignee to the licensee.

(f) The Licensing Authority may waive the requirements of paragraphs (c), (d) or (e), if it determines that because of strikes, lockouts or other unusual circumstances, compliance with those requirements would unduly interfere with the entry of such articles.

(g) Nothing in this subpart shall prevent the use of immediate delivery in accordance with the provisions of CBP regulations relating to tariff-rate quotas.

§ 6.30 Record maintenance and inspection.

A licensee shall retain all records relating to its purchases, sales and transactions governed by this subpart, including all records necessary to establish the licensee's eligibility, for five years subsequent to the end of the quota year in which such purchases, sales or transactions occurred. During that period, the licensee shall, upon reasonable notice and during ordinary hours of business, grant officials of the U.S. Department of Agriculture full and complete access to the licensee's premises to inspect, audit or copy such records.

§ 6.31 Debarment and suspension.

The provisions in 7 CFR part 3017— Government-wide Debarment and Suspension (Nonprocurement) and Government Requirements for Drug-Free Workplace (Grants), subparts A through E, apply to this subpart.

§ 6.32 Globalization of licenses.

If the Licensing Authority determines that entries of an article from a country are likely to fall short of that country's allocated amount as indicated in Appendices 1, 2, and 3, the Licensing Authority may permit, with the approval of the Office of the United States Trade Representative, the applicable licensees to enter the remaining balance or a portion thereof from any country during that quota year. Requests for consideration of such adjustments must be submitted to the Licensing Authority no later than September 1. The Licensing Authority will obtain prior consent for such an adjustment of licenses from the government of the exporting country for quantities in accordance with the Uruguay Round commitment of the United States. No globalization requests will be considered prior to April 1 of each year.

§ 6.33 License fee.

(a) A fee will be assessed each quota year for each license to defray the Department's costs of administering the licensing system. To the extent practicable, the fee will be announced by the Licensing Authority in a notice published in the Federal Register no later than August 31 of the year preceding the quota year for which the fee is assessed.

(b) The license fee for each license issued is due and payable in full no later than March 15 of the year for which the license is issued. The fee for any license issued after March 15 of any quota year is due and payable in full no later than 10 days from the date of issuance of the license. Fee payments are payable to the Treasurer of the United States and shall be made solely utilizing the electronic software designated for the purpose by the Licensing Authority as provided in § 6.36(b).

(c) If the license fees for all licenses issued to a licensee are not paid by the final payment date, a hold will be placed on the use of all licenses issued to the licensee and no articles will be permitted entry under those licenses. The Licensing Authority shall send a warning by email advising the licensee that if payment is not made in accordance with § 6.36(b) and received within 10 calendar days from the date of the email, all licenses issued to that licensee will be revoked. Where the license at issue is a historical license, this will result, pursuant to § 6.23(b), in the person's loss of historical eligibility for such license.

§ 6.34 Adjustment of appendices.

(a) Whenever a historical license (Appendix 1) is not issued to an applicant pursuant to the provisions of § 6.23, is permanently surrendered or is revoked by the Licensing Authority, the amount of such license will be transferred to Appendix 2.

(b) The cumulative annual transfers to Appendix 2 made in accordance with paragraph (a) of this section will be published by Notice in the Federal Register each year. If a transfer results in the addition of a new article, or an article from a country not previously listed in Appendix 2, the Licensing Authority shall afford all eligible applicants for that quota year the opportunity to apply for a license for such article.

§ 6.35 Correction of errors.

(a) If a person demonstrates, to the satisfaction of the Licensing Authority, that errors were made by officers or employees of the United States Government, the Licensing Authority will review and rectify the errors to the extent permitted under this subpart.

(b) To be considered, a person must provide sufficient documentation regarding the error to the Licensing Authority by email, not later than August 31 of the calendar year following the calendar year in which the error was alleged to have been committed.

(c) If the error resulted in the loss of a historical license by a license holder, the Licensing Authority will transfer the amount of such license from Appendix 2 to Appendix 1 in order to provide for the issuance of such license in the calendar year following the calendar year for which the license was revoked. The cumulative annual transfers to Appendix 1 in accordance with this paragraph will be published in the Federal Register.

§ 6.36 Miscellaneous.

(a) If any deadline date in this subpart falls on a Saturday, Sunday, or a Federal holiday, then the deadline shall be the next business day.

(b) All applications and fee payments required under this subpart shall be made utilizing the electronic software designated for this purpose by the Licensing Authority, and official correspondence with the Licensing Authority, except as provided under § 6.28(b), shall be by email. Digital scanned versions (e.g. PDF, JPEG, TIF, etc.) of hardcopy documents submitted by email are acceptable electronic communications.

§ 6.37 [Removed]
4. Section 6.37 is removed. Appendixes 1-3 to Subpart—Dairy Tariff-Rate Import Quota Licensing [Removed] 5. Appendixes 1-3 to Subpart—Dairy Tariff-Rate Import Quota Licensing are removed. Dated: June 23, 2015. Philip C. Karsting, Administrator, Foreign Agricultural Service.
[FR Doc. 2015-18122 Filed 7-24-15; 8:45 am] BILLING CODE 3410-10-P
FARM CREDIT ADMINISTRATION 12 CFR Part 611 RIN 3052-AC85 Organization; Institution Stockholder Voting Procedures AGENCY:

Farm Credit Administration.

ACTION:

Notice of effective date.

SUMMARY:

The Farm Credit Administration (FCA, we, Agency or our) amended our regulations to clarify and enhance Farm Credit System (Farm Credit or System) bank and association stockholder voting procedures for tabulating votes, the use of tellers committees, and other items as identified. In accordance with the law, the effective date of the rule is no earlier than 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session.

DATES:

Effective Date:

Under the authority of 12 U.S.C. 2252, the regulation amending 12 CFR part 611 published on May 28, 2015 (80 FR 30333) is effective July 27, 2015.

Compliance Date: All provisions of this regulation require compliance on or before January 1, 2016.

FOR FURTHER INFORMATION CONTACT:

Thomas R. Risdal, Senior Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090, (703) 883-4257, TTY (703) 883-4056, or Nancy Tunis, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, VA 22102-5090, (703) 883-4061, TTY (703) 883-4056.

SUPPLEMENTARY INFORMATION:

The Farm Credit Administration amended our regulations to clarify and enhance System bank and association stockholder voting procedures for tabulating votes, the use of tellers committees, and other items as identified. In accordance with 12 U.S.C. 2252, the effective date of the final rule is no earlier than 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is July 27, 2015.

(12 U.S.C. 2252(a)(9) and (10)) Dated: July 21, 2015. Dale L. Aultman, Secretary, Farm Credit Administration Board.
[FR Doc. 2015-18285 Filed 7-24-15; 8:45 am] BILLING CODE 6705-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2962; Directorate Identifier 2015-NM-071-AD; Amendment 39-18221; AD 2012-11-09 R1] RIN 2120-AA64 Airworthiness Directives; Various Transport Category Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are revising Airworthiness Directive (AD) 2012-11-09 for certain transport category airplanes. AD 2012-11-09 required either activating all chemical oxygen generators in the lavatories until the generator oxygen supply is expended, or removing the oxygen generator(s); and, for each chemical oxygen generator, after the generator is expended (or removed), removing or restowing the oxygen masks and closing the mask dispenser door. AD 2012-11-09 also required installing a supplemental oxygen system in affected lavatories, which terminated the requirements of AD 2012-11-09. This AD clarifies a certain restriction by providing a broader method of compliance. This AD was prompted by the discovery that the requirement to change the instructions for continued airworthiness under certain conditions may impose an unnecessary burden on operators. We are issuing this AD to eliminate a hazard that could jeopardize flight safety, and to ensure that all lavatories have a supplemental oxygen supply.

DATES:

This AD is effective July 27, 2015.

We must receive any comments on this AD by September 10, 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.

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-2015-2962; 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:

Jeff Gardlin, Aerospace Engineer, Airframe and Cabin Safety Branch, ANM-115, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-2136; fax: 425-227-1149; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

On May 23, 2012, we issued AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), for certain transport category airplanes. AD 2012-11-09 superseded AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011). AD 2012-11-09 required either activating all chemical oxygen generators in the lavatories until the generator oxygen supply is expended, or removing the oxygen generator(s); and, for each chemical oxygen generator, after the generator is expended (or removed), removing or restowing the oxygen masks and closing the mask dispenser door. AD 2012-11-09 also required installing a supplemental oxygen system in affected lavatories, which terminated the requirements of AD 2011-04-09. AD 2012-11-09 was prompted by reports that the design of the oxygen generators presented a hazard that could jeopardize flight safety. We issued AD 2012-11-09 to eliminate a hazard that could jeopardize flight safety, and to ensure that all lavatories have a supplemental oxygen supply.

Actions Since Issuance of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012)

Since we issued AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), we have discovered that a certain requirement might have imposed an unnecessary burden on Boeing and operators. Paragraph (l)(2) of AD 2012-11-09 required adding “an airworthiness limitation that prohibits the installation of chemical oxygen generators in lavatories” to the operator's maintenance program, if compliance with AD 2012-11-09 was shown without a chemical oxygen generator. The intent of this provision was to have a mechanism in place in the operators' maintenance programs that prevents the inadvertent reinstallation of a chemical oxygen generator in a lavatory.

That use of the term “airworthiness limitation” could be interpreted as the Airworthiness Limitations section of the Instructions for Continued Airworthiness (ICA), as required by section 25.1529 of the Federal Aviation Regulations (14 CFR 25.1529). While that is an acceptable method of compliance, the FAA did not intend to compel that specific method of compliance. We have therefore revised paragraph (l)(2) of this AD to remove the “airworthiness limitation” restriction and to instead prohibit installation of a chemical oxygen generator in a lavatory. We are issuing this AD to correct the unsafe condition on certain transport category airplanes.

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 these same type designs.

AD Requirements

This AD continues to require the actions specified in AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012). This AD clarifies a certain restriction by providing a broader method of compliance.

FAA's Justification and Determination of the Effective Date

The change provided in this AD clarifies the intent of a certain requirement of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), by providing a broader method of compliance for the “airworthiness limitation” restriction described previously. 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.

Approval Process for AD Compliance Using Chemical Oxygen Generators (COGs)

Because of the issues addressed by AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), COG installations will require new considerations in order to be found acceptable as methods of compliance with this AD. The approval for COG installations will therefore be in accordance with a method approved by the FAA as discussed below.

Approval Process for AD Compliance, Using Other Systems

Chemical oxygen generators are one type of system used to provide supplemental oxygen. While the majority of transport category airplanes use this system in lavatories, there are other systems as well. If another system type is used to meet the requirements of this AD, the original unsafe condition is not a concern. In that case, the means of compliance is straightforward, and we have determined that the approval method could be more flexible than is usually the case for an AD. For example, delegated organizations cannot normally make compliance findings for ADs; service information associated with ADs must be adhered to exactly, or else an alternative method of compliance (AMOC) must be approved.

For this AD, if the type of system is other than a COG, then we have determined that these restrictions could be relaxed. Therefore, paragraph (l)(2) of this AD contains provisions to permit existing approval processes to be used, as long as the means of compliance is other than a COG. This provision takes precedence over current limitations in operators' authority to use their organizational delegations when showing compliance with an AD. In addition, if an operator uses service information that is approved for such installations, deviations from the service information can be addressed using the operator's normal procedures without requiring an AMOC.

Oversight Office

Paragraph (l) of this AD refers to the FAA oversight office responsible for approval of modifications used to show compliance. This will typically be the aircraft certification office having geographic oversight of the applicant. In the case of service instructions from design approval holders of other countries, this would be the FAA, Transport Airplane Directorate (Transport Standards Staff). We anticipate that modifications to meet this AD will require either supplemental type certificate or amended type certificate approval.

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 the docket number FAA-2015-2962 and directorate identifier 2015-NM-071-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

We estimate that this AD affects 5,500 airplanes of U.S. registry. This new AD imposes no additional economic burden. The current costs for this AD are repeated for the convenience of affected operators, as follows:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Activate COG/expend oxygen supply [retained actions from AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012)] Up to 2 work-hours × $85 per hour = up to $170 $0 Up to $170 Up to $935,000. Oxygen system installation [retained action from AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012)] 24 work-hours × $85 per hour = $2,040 $6,000 $8,040 $44,220,000.
    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) 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), and adding the following new AD: 2012-11-09 R1 Transport Category Airplanes: Amendment 39-18221; Docket No. FAA-2015-2962; Directorate Identifier 2015-NM-071-AD. (a) Effective Date

    This AD is effective July 27, 2015.

    (b) Affected ADs

    This AD revises AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012).

    (c) Applicability

    This AD applies to transport category airplanes, in passenger-carrying operations, as specified in paragraph (c)(1) or (c)(2) of this AD.

    (1) Airplanes that complied with the requirements of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011).

    (2) Airplanes equipped with any chemical oxygen generator installed in any lavatory and are:

    (i) Operating under part 121 of the Federal Aviation Regulations (14 CFR part 121); or

    (ii) U.S. registered and operating under part 129 of the Federal Aviation Regulations (14 CFR part 129), with a maximum passenger capacity of 20 or greater.

    (d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

    (e) Unsafe Condition

    This AD was prompted by the determination that the current design of chemical oxygen generators presents a hazard that could jeopardize flight safety and the discovery that certain existing requirements could impose an unnecessary burden on operators. We are issuing this AD to eliminate a hazard that could jeopardize flight safety, and to ensure that all lavatories have a supplemental oxygen supply.

    (f) Compliance

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

    (g) Retained Requirements for the Oxygen Generator, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), with no changes. Within 21 days after March 14, 2011 (the effective date of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011)), do the actions specified in paragraphs (g)(1) and (g)(2) of this AD.

    (1) Activate all chemical oxygen generators in the lavatories until the generator oxygen supply is expended. An operator may also remove the oxygen generator(s), in accordance with existing maintenance practice, in lieu of activating it.

    (2) For each chemical oxygen generator, after the generator is expended (or removed), remove or re-stow the oxygen masks and close the mask dispenser door.

    Note 1 to paragraph (g) of this AD:

    Design approval holders are not expected to release service instructions for the actions specified in paragraph (g) of this AD.

    (h) Retained Information About Hazardous Material, With a Change to the Identification of the Code of Federal Regulations Citation

    This paragraph restates the information in Note 1 of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with a change to the identification of the Code of Federal Regulations citation. Chemical oxygen generators are considered a hazardous material and subject to specific requirements under Title 49 of the Code of Federal Regulations (49 CFR) for shipping. Oxygen generators must be expended prior to disposal but are considered a hazardous waste; therefore, disposal must be in accordance with all Federal, State, and local regulations. Expended oxygen generators are forbidden in air transportation as cargo. For more information, contact 1-800-467-4922.

    (i) Retained Compliance With Federal Aviation Regulations of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with no changes. Notwithstanding the requirements of sections 25.1447, 121.329, 121.333, and 129.13 of the Federal Aviation Regulations (14 CFR 25.1447, 121.329, 121.333, and 129.13), operators complying with this AD are authorized to operate affected airplanes until accomplishment of the actions specified in paragraph (l) of this AD.

    (j) Retained Parts Installation Limitation of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with no changes. After March 14, 2011 (the effective date of AD 2011-04-09), and until accomplishment of the actions specified in paragraph (l) of this AD, no person may install a chemical oxygen generator in any lavatory on any affected airplane.

    (k) Retained Prohibition of Special Flight Permit of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with no changes. Special flight permits, as described in section 21.197 and section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed for the accomplishment of the actions specified in paragraph (g) of this AD.

    (l) Retained Oxygen System Restoration, With Revised Restriction in Paragraph (l)(2) of This AD With a Change to the Identification of the Federal Aviation Regulations Citations in Paragraphs (l)(2) and (l)(2)(i) of This AD

    This paragraph restates the requirements of paragraph (l) of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), with a revised restriction in paragraph (l)(2) of this AD and with a change to the identification of the Federal Aviation Regulations citations in paragraphs (l)(2) and (l)(2)(i) of this AD. Within 37 months after August 10, 2012 (the effective date of AD 2012-11-09), install a supplemental oxygen system that meets all applicable sections of parts 25 and 121 of the Federal Aviation Regulations (14 CFR part 25 and 14 CFR part 121) in each lavatory, as specified in paragraph (l)(1) or (l)(2) of this AD, as applicable.

    (1) If compliance with paragraph (l) of this AD is achieved using a chemical oxygen generator, the actions specified in paragraph (l) of this AD must be done in accordance with a method approved by the Manager of the responsible FAA oversight office having responsibility over the modification. For a method to be approved, it must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (2) If compliance with paragraph (l) of this AD is achieved without a chemical oxygen generator, the specifications of paragraphs (l)(2)(i) and (l)(2)(ii) of this AD apply. Any repairs or alterations to a system installed and approved in accordance with this paragraph may be accomplished in accordance with part 43 of the Federal Aviation Regulations (14 CFR part 43). The installation of chemical oxygen generators is prohibited unless approved in accordance with the requirements of paragraph (l)(1) of this AD.

    (i) The modification must receive FAA approval in accordance with part 21 of the Federal Aviation Regulations (14 CFR part 21) as a major design change. Notwithstanding operations specification restrictions to the contrary, organizational approval holders may exercise their full authority in approving installations that meet the installation requirements of this AD.

    (ii) Deviation from approved service instructions and subsequent modifications may be handled by normal operator procedures without requiring approval of an alternative method of compliance.

    (m) Retained Minimum Equipment List (MEL) Provisions, With a Change to the Identification of the Federal Aviation Regulations Citations

    This paragraph restates the provision specified in paragraph (m) of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), with a change to the identification of the Federal Aviation Regulations citations. Notwithstanding the requirements of sections 121.628(b)(2) and 129.14 of the Federal Aviation Regulations (14 CFR 121.628(b)(2) and 14 CFR 129.14), the equipment required by paragraph (l) of this AD may be included in the MEL, as applicable.

    (n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Transport Standards Staff, ANM-110, 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 Transport Standards Staff, send it to the attention of the person identified in paragraph (o) 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 previously for AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), are approved as AMOCs for the corresponding provisions of this AD.

    (o) Related Information

    For more information about this AD, contact Jeff Gardlin, Aerospace Engineer, Airframe and Cabin Safety Branch, ANM-115, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-2136; fax: 425-227-1149; email: [email protected]

    (p) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on July 17, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-18155 Filed 7-24-15; 8:45 am] BILLING CODE 4910-13-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1120 [CPSC Docket No. CPSC-2015-0003] Substantial Product Hazard List: Extension Cords AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Consumer Product Safety Commission (“CPSC” or “Commission”) is issuing a final rule to specify that extension cords (both indoor and outdoor use extension cords) that do not contain one or more of five applicable readily observable characteristics set forth in the rule, as addressed in a voluntary standard, are deemed a substantial product hazard under the Consumer Product Safety Act (“CPSA”).

    DATES:

    Effective Date: The rule takes effect on August 26, 2015. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of August 26, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mary Kroh, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-504-7886; [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background and Statutory Authority A. Statutory Authority

    Section 223 of the Consumer Product Safety Improvement Act of 2008 (“CPSIA”), amended section 15 of the CPSA, 15 U.S.C. 2064, to add a new subsection (j). Section 15(j) of the CPSA provides the Commission with the authority to specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence are deemed a substantial product hazard under section 15(a)(2) of the CPSA. Section 15(a)(2) of the CPSA defines a “substantial product hazard,” in relevant part, as a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public. A rule under section 15(j) of the CPSA (a “15(j) rule”) is not a consumer product safety rule that imposes performance or labeling requirements for newly manufactured products. Rather, a 15(j) rule is a Commission determination of a product defect, based upon noncompliance with specific product characteristics that are addressed in an effective voluntary standard. For the Commission to issue a 15(j) rule, the product characteristics involved must be “readily observable” and have been addressed by a voluntary standard. Moreover, the voluntary standard must be effective in reducing the risk of injury associated with the consumer products, and there must be substantial compliance with the voluntary standard.

    B. Background

    On February 3, 2015, the Commission issued a notice of proposed rulemaking (“NPR”) in the Federal Register to amend the substantial product hazard list in 16 CFR part 1120 (“part 1120”) to add extension cords that lack certain readily observable safety characteristics addressed by a voluntary standard because such products pose a risk of electrical shock or fire. 80 FR 5701. The comment period on the proposed rule closed on April 20, 2015. As detailed in section II of this preamble, the Commission received four comments on the proposed rule, covering three issues.

    The Commission is now issuing a final rule to amend part 1120 by adding four readily observable characteristics that apply to all general-use extension cords (indoor and outdoor extension cords, including indoor seasonal extension cords):

    (1) Minimum wire size;

    (2) sufficient strain relief;

    (3) proper polarity; and

    (4) proper continuity.

    Additionally, the final rule includes one characteristic, outlet covers, that applies to 2-wire indoor extension cords, and one characteristic, jacketed cord, that applies to outdoor extension cords. Accordingly, as of the effective date of this rule, extension cords within the scope of the rule that do not conform to all five applicable characteristics described in the voluntary standard, Underwriters Laboratories (“UL”), Standard for Cord Sets and Power-Supply Cords, UL 817, 11th Edition, dated March 16, 2001, as revised through February 3, 2014 (“UL 817”) will constitute a substantial product hazard.1 Nonconforming extension cords are deemed to create a substantial product hazard under section 15(a)(2) of the CPSA because such products pose a risk of electrical shock or fire.

    1 The UL mark and logo are trademarks of Underwriters Laboratories, Inc.

    The Commission is finalizing the rule with two minor clarifications as recommended by CPSC staff. First, the final rule deletes an erroneous citation to section 31 of UL 817 in § 1120.3(d)(1), the requirements for minimum wire size. Section 31 of UL 817 states requirements for attachment plugs, which are not related to minimum wire size, and thus should not be referenced in the section of the rule concerning minimum wire size. Second, the term “jacketed insulated cord” is replaced with “jacketed cord” in § 1120.3(d)(6) of the final rule and in this preamble, when describing a readily observable characteristic for outdoor extension cords. This change is not intended to change the scope of the rule or the requirements, but to clarify the characteristics of UL 817 being incorporated by reference. As explained more fully in response to comment 3 in section II of the preamble, the NPR proposed (and the final rule would require) jacketing—not insulation—as a readily observable characteristic of outdoor extension cords.

    C. Extension Cords

    The final rule uses the phrase “extension cords” to identify the products that are within the scope of the rule. The Commission received no comments on the definition of “extension cords” described in the NPR; accordingly, the final rule will continue to define an “extension cord” (also known as a cord set), consistent with the description of products subject to UL 817, as a length of factory-assembled flexible cord with an attachment plug or current tap as a line fitting and with a cord connector as a load fitting. Extension cords are used for extending a branch circuit supply of an electrical outlet to the power-supply cord of a portable appliance, in accordance with the National Electrical Code.® The final rule applies to extension cords that are equipped with National Electrical Manufacturer Association (“NEMA”) 1-15, 5-15 and 5-20 fittings, and that are intended for indoor use only, or for both indoor and outdoor use. We refer to cords intended for indoor use only as “indoor cords” and to cords intended for both indoor and outdoor use as “outdoor cords.” The term “extension cord” does not include detachable power supply cords, appliance cords, power strips and taps, and adaptor cords supplied with outdoor tools and yard equipment.

    All products within the scope of the final rule are covered by UL 817. Table 1 provides a non-exhaustive list of examples of extension cords that fall within and outside the scope of the final rule. Not included in this rule are detachable power supply and appliance cords and adaptor cords supplied with outdoor tools and yard equipment because these cords are specific-purpose, rather than general-use cords. The products that are outside the scope of the final rule are not subject to UL 817, or they do not present the same risks of injury.

    Table 1—Extension Cords: Products Within and Outside the Scope of the Final Rule In Scope: Household extension cords, factory-assembled, 120 volts AC, including: • Indoor or general-use cord sets, including seasonal indoor cord sets. • Outdoor cord sets. Out of Scope: • Detachable power cords, either with appliance or other nonstandard plugs (e.g., accompanying electronic or other electrically powered items), or with fittings of different configurations (e.g., a clothes washer replacement cord with a plug at one end and individual wire terminals at the other end). • Unassembled components, such as flexible cord or fittings, which may be assembled into extension cords or installed in permanent branch circuit wiring systems. • Cord sets intended for use with non-branch-circuit household current, i.e., greater or less than nominal 120 volts AC (e.g., for use with 220 volt appliances, or for 15-50 ampere/125-250-volt recreational vehicles). • Power strips, power taps, and surge protectors. D. Applicable Voluntary Standard

    The current voluntary standard applicable to extension cords is UL 817-2014. UL has updated UL 817 over the years to address various safety issues to make extension cords safer, see Staff's Draft Proposed Rule to Add Extension Cords to the Substantial Product Hazard List in 16 CFR part 1120, January 21, 2015 (“Staff NPR Briefing Package”) Tab B, Extension Cords: Abbreviated History and the Associated UL Standards. The Staff's NPR Briefing Package is available on the CPSC's Web site at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Proposed-Rule-to-Amend-Substantia-Product-Hazard-List-to-Include-Extension-Cords.pdf.

    Many of the safety requirements for extension cords predate the existence of the CPSC. For example, CPSC staff believes that UL incorporated requirements for polarized (and grounded) plugs and receptacles on cord sets around 1962. A search by CPSC staff found that grounded plugs were developed as early as 1911, and polarized plugs became available in 1914. The National Electrical Code (“NEC”) adopted requirements for polarized electrical outlets in 1948 and for grounded 120-volt receptacles in 1962. Since 1987, UL 817 has addressed the identified, readily observable characteristics that are included in the rule (minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers for indoor cords, and jacketed cords for outdoor extension cords).

    Table 2, which also appeared in the NPR at 80 FR 5703, summarizes the required readily observable characteristics in UL 817 associated with all extension cords, as well as specific requirements for indoor- and outdoor-use extension cords. The Commission received no comments on these requirements for extension cords and no comments on Table 2. Thus, Table 2 remains an accurate summary of the provisions of UL 817 that are being incorporated by reference into the final rule.

    Table 2—Readily Observable Characteristics for Extension Cords General extension cord usage Readily observable characteristics Minimum wire size (AWG) Sufficient strain relief Proper polarization Proper continuity Protective feature Indoor
  • UL 817
  • Section 20
  • 16AWG, or 17/18AWG with integral overcurrent protection
  • UL 817 Sections 2.10, 21
  • 18AWG or larger must withstand 30 pound force
  • UL 817 Section 84
  • Cord fittings must be polarized (NEMA1-15) or have a grounding pin (NEMA5-15)
  • UL 817 Sections 9, 19
  • Plug and outlet terminals must be connected in identical configuration (i.e., Hot-to-Hot, likewise for Neutral and Ground)
  • UL 817 Sections 16, 105
  • Outlet covers must be provided on unused outlets on 2-wire parallel UL 817 Section 26.7.
    Outdoor
  • UL 817
  • Section 30
  • SAME
  • UL 817 Section 2.13, 30
  • SAME SAME
  • UL 817 Sections 31, 32
  • SAME Jacketed flexible cord
  • UL 817 Section 30.
  • E. Risk of Injury 1. Electrocution and Fire Hazards

    The preamble to the NPR explained that consumers can be seriously injured or killed by electrical shocks or fires if extension cord products are not constructed properly. 80 FR at 5703-04. To reduce the risk of injury caused by fires or electrical shocks, the final rule requires that all extension cords covered by UL 817 comply with requirements for minimum wire size, sufficient strain relief, proper polarization, and proper continuity.

    Wire size. Conforming to the minimum wire size requirement in UL 817 supports a product's electrical load to avoid the hazard of fire and electrical shock. When an extension cord does not contain the correct wire size for the load, the cord becomes hot and the insulation is degraded. Damaged insulation can fail by sagging, melting, or hardening and breaking apart, which can expose the energized wire inside the extension cord. Exposed energized wires present a risk of fire and electrical shock. Additionally, conforming to the minimum wire size requirement contributes to the necessary mechanical strength to endure handling and other forces imposed on an extension cord during expected use of the product.

    Strain relief. Conforming to the strain relief requirement in UL 817 helps to ensure that use of extension cords, including pulling and twisting the cords, does not cause mechanical damage to the connections and prevents separation of wires from their terminal connections during handling (e.g., being pulled, twisted). Damaged connections, such as broken strands of copper wiring inside the insulated wiring, could cause overheating (leading to a fire) or separation of wires from their terminal connections, which could expose bare energized conductors (leading to electrical shock and fire).

    Proper polarity. An extension cord that conforms to the proper polarity requirements in UL 817 minimizes the risk of accidental contact with an energized conductor. Polarization clearly identifies the energized wire in the cord set and maintains, in conjunction with other construction requirements, the same orientation as the receptacle of the branch circuit for the products, such as lighting, appliances, and other equipment plugged into the extension cord. For example, a product that employs a power switch that must be located in the energized side of the power supply circuit will be supplied in the proper orientation, thus reducing the risk of electrical shock.

    Proper Continuity. An extension cord that conforms to continuity requirements in UL 817 provides a continuous conductive path from line to load fitting so that the cord can serve its intended function. For each terminal in the plug fitting, a corresponding conductor must be attached to the corresponding terminal in the load fitting. For example, a cord attached to a plug with a grounding pin must have a grounding conductor. Each wire in the cord also must be connected properly on each end so that, for example, the grounding pin of the plug on a three-wire cord is connected to the grounding socket on the outlet, and the energized blade on the plug is not wired to the non-energized receptacle on the outlet. Proper continuity from end to end reduces the risk of both fire and electrical shock.

    Indoor (2-wire) and outdoor extension cords each have one additional safety requirement that is also readily observable and reduces the risk of injury.

    Outlet covers. Indoor 2-wire parallel extension cords with polarized parallel-blade and -slot fittings must contain outlet covers. Outlet covers reduce the risk of injury to children, in particular, by minimizing the opportunity for a child to probe plugs with small objects or chew on the exposed receptacle surfaces, which can lead to hand or mouth burns and electrical shock.

    Jacketed cords. Outdoor extension cords must have jacketed cords. A jacketed cord protects the individual insulated conductors from damage when exposed to weather and other conditions associated with outdoor use. An unjacketed extension cord used outdoors is susceptible to damage that can lead to exposed conductors, and thus, present a risk of shock and fire.

    2. Incident Data

    For the NPR, CPSC staff searched extension cord incident data reported between 1980 and May 2014 from CPSC's Injury or Potential Injury Database (“IPII”) for both fatal and nonfatal incidents; staff searched the Death Certificate Database (“DTHS”) for fatal incidents. Staff limited the scope of the incidents under consideration to incidents involving fire, burn, and shock hazards. CPSC staff has updated this data, and found that a total of 765 fatal incidents, 1,128 deaths, and 4,760 nonfatal incidents involving extension cords were in-scope, and occurred between 1980 and 2013.2 80 FR at 5704.

    2 Staff has updated incident data to include retailer reports.

    For the final rule, staff also searched IPII and DTHS for in-scope incidents reported from January 2014 through April of 2015. CPSC staff found an additional 21 in-scope fatal incidents that occurred in 2014 (involving 25 deaths) and two fatal incidents (two deaths) in 2015. CPSC staff found an additional 83 nonfatal extension cord incidents that occurred in 2014, and staff found 11 nonfatal incidents that occurred in 2015. See Tab E, Staff Briefing Package: Final Rule to Amend 16 CFR part 1120 to Add Extension Cords, dated July 15, 2015 (“Staff's Final Rule Briefing Package”), available at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/FinalRuletoAmendSubstantialProductHazardListtoIncludeExtensionCords.pdf.

    Table 3 shows the annual average number of reported incidents associated with extension cords for five different periods for fatal incidents, deaths, and nonfatal incidents. The table presents data for the 35-year period, divided into five 7-year periods. Reporting may not be complete for the most recent period because sometimes CPSC receives reports of incidents years after the incidents have occurred. Table 3 shows a steady decline in the number of reported extension cord fire, burn, and shock fatal incidents, deaths, and nonfatal incidents in CPSC databases since the 1980s.

    Table 3—Extension Cord Annual Average of Reported Fatal Incidents, Deaths, and Non-Fatal Incidents From 1980-2014 Years Fatal incidents Deaths Non-fatal incidents 1980-1986 32.7 47.7 201.0 1987-1993 27.7 46.6 179.3 1994-2000 23.6 31.1 131.6 2001-2007 15.9 21.7 114.3 2008-2014 12.4 17.6 65.7 F. Compliance Efforts to Address the Hazard

    As noted in the preamble to the NPR, the Office of Compliance sent a letter dated January 9, 2015 to manufacturers, importers, distributors, and retailers of extension cords, informing them that the Office of Compliance considers products that do not conform to the UL 817 requirements for the five applicable readily observable characteristics to be defective and to present a substantial product hazard. 80 FR at 5704-05. In numerous instances over a period of 20 years, CPSC staff has considered the absence of one or more of the identified readily observable characteristics (minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers for 2-wire indoor cords, and jacketed cords for outdoor extension cords) to present a substantial product hazard and has sought appropriate corrective action to prevent injury to the public. Since August 2014, however, no additional recalls or import stoppages of extension cords have occurred.

    II. Summary of Comments on the Proposed Rule and CPSC's Responses

    The Commission received four comments, comprising three issues, in response to the NPR. No commenters opposed the rule. One comment was received from an industry association and three comments were from consumers. The industry association expressed general support for the proposed rule and suggested an additional readily observable characteristic of extension cords. The consumer commenters were also generally supportive of the NPR. As explained in response to comment 3, the Commission made one minor clarification to the final rule based on the comments received. Below are summaries of the comments and the Commission's responses:

    Comment 1: One commenter suggested an additional “readily observable” characteristic of extension cords, a visual check and test using a magnet, to ensure that the wire strands in extension cords are made of copper instead of steel.

    Response 1: UL 817, by reference to UL 62, Standard for Safety for Flexible Cords and Cables, requires that extension cords be made of annealed copper wire strands. For example, neither aluminum nor steel is an acceptable material for wire used in extension cords under UL 817. Magnets are not attracted to copper or aluminum, but are attracted to steel. Thus, the commenter is suggesting that CPSC use a magnet to test for noncompliant steel wire. Although a magnet can detect steel, it cannot detect other noncompliant wire materials, such as aluminum. Accordingly, the Commission disagrees with the commenter's suggestion because magnets cannot be used to detect the required copper wire strands, nor can magnets be used to detect all other noncompliant materials. A resistance measurement could distinguish whether a conductor is made of copper, but the high-precision equipment required for a sufficiently accurate measurement is costly, and use of it may not be “readily observable.”

    Regardless of the rule, if CPSC staff finds that the extension cord's construction is noncompliant with the voluntary standard, staff can collect samples of such products and conduct a preliminary determination of whether the product presents a substantial product hazard. If such product does present a substantial product hazard, CPSC can take action to remove the products from the market.

    Comment 2: Two commenters asked whether an extension cord must include all of the readily observable characteristics outlined in the proposed rule, or just one characteristic.

    Response 2: Four of the six observable characteristics apply to all general-use extension cords (indoor and outdoor extension cords, including indoor seasonal extension cords): (1) Minimum wire size; (2) sufficient strain relief; (3) proper polarity; and (4) proper continuity. All four characteristics must be present for the product not to present a substantial product hazard. Additionally, one characteristic (outlet covers) applies to 2-wire indoor extension cords, and one characteristic (jacketed cord) applies to outdoor extension cords. Thus, 2-wire indoor and all outdoor extension cords would each be required to exhibit five readily observable characteristics described in UL 817. If one or more applicable characteristics are missing, the product presents a substantial product hazard under section 15(a)(2) of the CPSA.

    Comment 3: One commenter believed that UL 817 only requires an outdoor two-conductor extension cord to have flexible insulation on each conductor and does not require a jacket over the conductors.

    Response 3: Section 30.1 of UL 817 specifies the types of flexible cords that may be used to construct outdoor extension cords. All of the cords specified in section 30.1 of UL 817 require a jacketed layer covering the conductors.3 A “jacket” is a layer of flexible plastic or rubber intended to prevent the individual insulated conductors inside the cord from being exposed to the environment, and to prevent mechanical damage to the conductors.

    3Wire and Cable Marking and Application Guide, January 2014, Regulatory Services Department, UL, Northbrook, IL.

    The commenter may misunderstand an additional requirement stated in section 30.1a: “A 2-wire type of outdoor-use cord set shall contain two insulated circuit conductors.” This requirement for the individual conductors in an extension cord to be insulated does not eliminate the primary requirement for a jacket to cover the conductors on extension cords for outdoor use.

    In the NPR, the Commission described the requirement for a jacketed cord as a “jacketed insulated cord.” This designation may be confusing, because readers may conflate the two different requirements stated in section 30 of UL 817, one for a jacketed cord, and the other for insulated conductors inside the cord jacket. The NPR proposed to require a jacketed cord, not insulated conductors, as a readily observable characteristic of outdoor extension cords. Accordingly, the Commission has replaced the term “jacketed insulated cord” throughout the preamble and in the regulation text at § 1120.3(d)(6) to “jacketed cord” to clarify that the rule only applies to the jacket requirement in section 30 of UL 817 for outdoor-use extension cords.

    III. Information Supporting Substantial Product Hazard Determination A. Defined Characteristics Are Readily Observable and Addressed by UL 817

    Sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 817 set forth the requirements for the readily observable characteristics specified in the final rule: minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers for 2-wire indoor cords, and jacketed cords for outdoor extension cords. Table 2 in section I.D of this preamble summarizes the technical requirements for the five applicable readily observable characteristics in UL 817. The final rule deems the absence of any one of these applicable characteristics to be a substantial product hazard under section 15(a)(2) of the CPSA. The preamble to the NPR set forth information to support a finding that minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers for 2-wire indoor cords, and jacketed cords for outdoor extension cords, are readily observable characteristics from UL 817. See 80 FR 5705-08. We summarize that information here.

    1. Minimum Wire Size

    Section 2 of UL 817 requires that a “general-use cord set” be made using flexible cord, as described in Table 20.1, with conductors sized 18, 17, 16, 14, 12, or 10 AWG terminated in a plug and outlet. Extension cords using flexible cord with conductors sized 18 or 17 AWG also require overcurrent protection. Minimum wire size, as required in section 2 of UL 817, is a readily observable characteristic of extension cords that can be observed visually by taking a measurement of the product's bare wires. 80 FR at 5705.

    2. Sufficient Strain Relief

    Section 84 of UL 817 describes the strain relief test required for all extension cords. Section 84.2.1 specifies that cords with 18AWG or larger conductors must withstand a 30-pound pull force on the connection between the fitting and the cord. Section 84.2.2 of UL 817 specifies that a weight must be steadily suspended from the cord for 1 minute so that the cord is pulled directly from the fitting without the cord pulling loose or stretching from the plug/load fitting. Sufficient strain relief, as required in section 84 of UL 588, is a readily observable characteristic of extension cords that can be determined by suspending a 30-lb. weight from the plug and load fittings and observing for conformance with section 84.2 of UL 817. 80 FR at 5705-06.

    3. Proper Polarization

    Section 19 of UL 817 requires that all two-wire extension cords must have polarized fittings. Sections 31 and 32 of UL 817 require that all two-conductor outdoor extension cords must have polarized fittings and that grounding fittings must be used on three-conductor cords. General UL construction specifications on fittings (Section 9.3 of UL 817) require that polarized outlets must reject improper or reversed insertion of polarized plugs to reduce the risk of shock. Proper polarization, as required by sections 9, 19, 31, and 32 of UL 817, is a readily observable characteristic of extension cords, which can be observed by visually inspecting the plug for the polarized configuration. 80 FR at 5706.

    4. Proper Continuity

    Section 16 of UL 817 requires that corresponding terminals of line (plug) and load (outlet) fittings must be connected to the same conductor of the cord. Section 105 of UL 817 prescribes testing requirements for all manufactured extension cords so that the conductors are connected to the intended terminals of the fittings, and that electrical continuity exists throughout the entire length of the conductor/contact assembly. The wires of an extension cord must form continuous paths from one end to the other so that the cord can serve its intended function. Each wire in the cord also must be properly connected on each end so that, for example, the grounding pin of the plug on a three-wire cord is connected to the grounding socket on the outlet, and the energized blade on the plug is not wired to the non-energized receptacle on the outlet. Proper continuity, as required by sections 16 and 105 of UL 817, is a readily observable characteristic of extension cords that can be visually observed using an inexpensive and readily available battery-light continuity tester. 80 FR at 5705-07.

    5. Outlet Covers (2-Wire Indoor Extension Cords)

    Section 26.7 of UL 817 requires that an indoor 2-wire parallel extension cord with polarized parallel-blade and -slot fittings that has more than one outlet must have covers for all the additional outlets. Outlet covers on indoor 2-wire parallel extension cords with polarized parallel-blade and -slot fittings, as required in section 26 of UL 817, are a readily observable characteristic of indoor extension cords, which can be observed by visually inspecting additional outlets for the presence of covers.

    6. Jacketed Cords (Outdoor Extension Cords)

    Section 30 of UL 817 requires that extension cords for outdoor use be manufactured using jacketed flexible cord; that is, a cord consisting of two or three insulated wires covered by an additional flexible plastic or rubber jacket. Jacketed cord on outdoor extension cords, as required in section 30 of UL 817, is a readily observable characteristic of outdoor extension cords that can be observed by visually inspecting for the presence of a jacketed cord.

    B. Conformance to UL 817 Has Been Effective in Reducing the Risk of Injury

    Conformance to sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 817, as summarized in Table 2 in section I.D of this preamble, has been effective in reducing the risk of injury from shock and fire associated with extension cords. CPSC's incident data suggest that conformance to UL 817 has coincided with, and may have contributed to, a decline in the risk of injury associated with extension cords. See Tab A of Staff's Final Rule Briefing Package.

    The preamble to the NPR reviewed the reported death and nonfatal incident data from 1980 through 2013, which demonstrated a decline during that period. 80 FR at 5708-09. Table 3 in section I.E.2 of this preamble shows the annual average number of reported incidents for five different periods for each of fatal incidents, deaths, and nonfatal incidents. The 35-year period is broken up into five 7-year periods. Reporting may not be complete for the most recent period because sometimes, CPSC receives reports of incidents years after they have occurred. Table 3 shows an overall decrease in the number of reported fire and shock incidents associated with extension cords, including fatal incidents, deaths, and nonfatal incidents, since the 1980s and early 1990s.

    C. Extension Cords Substantially Comply With UL 817

    The Commission has not articulated a bright-line rule for substantial compliance. Rather, in the rulemaking context, the Commission has stated that the determination of substantial compliance should be made on a case-by-case basis. Extension cord compliance with UL 817 is “substantial,” as that term is used in section 15(j) of the CPSA. The Commission estimates that a majority of extension cords, likely in excess of 90 percent, sold for consumer use in the United States, conforms to UL 817. See 80 FR at 5709-10. Since issuing the NPR, CPSC has not received any information in the comments, or otherwise, that would change the estimated level of compliance with UL 817.

    IV. Description of the Final Rule

    The rule regarding extension cords creates two new paragraphs in part 1120: One defines the products covered by the rule and the other states the characteristics that must be present for the products not to present a substantial product hazard. Two minor clarifications have been made in the final rule: (1) In § 1120.3(d)(1), deletion of the erroneous citation to section 31 of UL 817, and (2) in § 1120.3(d)(6), replacement of the phrase “jacketed insulated cord” with “jacketed cord.” Neither clarification is intended to change the scope or substance of the rule.

    Definition. Section 1120.2(e) defines an “extension cord,” also known as a “cord set,” as a length of factory-assembled flexible cord with an attachment plug or current tap as a line fitting and with a cord connector as a load fitting. Extension cords are used for extending a branch circuit supply of an electrical outlet to the power-supply cord of a portable appliance, in accordance with the National Electrical Code.® As defined in the rule, the term applies to extension cords that are equipped with National Electrical Manufacturer Association (NEMA) 1-15, 5-15 and 5-20 fittings, and that are intended for indoor use only, or for both indoor and outdoor use. The term “extension cord” does not include detachable power supply cords, appliance cords, power strips and taps, and adaptor cords supplied with outdoor tools and yard equipment.

    This definition is adapted from descriptions of extension cords defined in section 1 of UL 817. The rule includes indoor and outdoor general-use extension cords that can be used with many different types of electrical products. All in-scope products are covered by UL 817. Excluded from the definition are detachable power supply and appliance cords and adaptor cords supplied with outdoor tools and yard equipment because these are specific-purpose cords, rather than general-use cords. The products that are not covered by the rule are not subject to UL 817, or they do not present the same risks of injury.

    Substantial product hazard list. Section 1120.3(d) states that extension cords that lack the identified characteristics in accordance with the requirements specified in the relevant sections of UL 817 (sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105) are deemed a substantial product hazard under section 15(a)(2) of the CPSA:

    • Minimum wire size requirements in sections 2, 20, 21, and 30 of UL 817;

    • Sufficient strain relief requirements in sections 20, 30, and 84 of UL 817;

    • Proper polarization requirements in sections 9, 19, 20, 30, 31, and 32 of UL 817;

    • Proper continuity requirements in sections 16, 20, 30, and 105 of UL 817;

    • Outlet cover requirement (for indoor 2-wire parallel extension cords with polarized parallel-blade and -slot fittings) in sections 20 and 26 of UL 817; or

    • Jacketed cord requirement (for outdoor use extension cords) in section 30 of UL 817.

    These characteristics and the UL 817 requirements are explained in more detail in sections I.D (Table 2) and III.A of this preamble.

    Standards incorporated by reference. At the request of the Office of the Federal Register (“OFR”), the Commission made a formatting change to part 1120 in the final rule for seasonal and decorative lighting products, 80 FR 25216. This change created a new section, 1120.4, listing all of the incorporations by reference (“IBR”) for products added to the substantial product hazard list. The IBR for extension cords is included in a new § 1120.4(c)(4).

    Incorporation by reference. The OFR has regulations concerning incorporation by reference. 1 CFR part 51. The OFR recently revised these regulations to require that, for a final rule, agencies must discuss, in the preamble of the rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble of the rule must summarize the material. 1 CFR 51.5(b).

    In accordance with the OFR's requirements, Table 2 in section I.D of this preamble summarizes the requirements of UL 817. Interested persons may purchase a copy of UL 817 from UL, either through UL's Web site, www.UL.com, or by mail at the address provided in the rule. A copy of the standard also can be inspected at the CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, or at NARA, as provided in the rule.

    V. Commission Determination That Extension Cords That Lack Any One of Five Applicable Readily Observable Characteristics Present a Substantial Product Hazard

    To place a product (or class of products) on the list of substantial product hazards pursuant to section 15(j) of the CPSA, the Commission must determine that: (1) The characteristics involved are “readily observable”; (2) the characteristics are addressed by a voluntary standard; (3) the voluntary standard is effective in reducing the risk of injury associated with the consumer products; and (4) products are in substantial compliance with the voluntary standard. Accordingly, based on the information provided in this rulemaking, for extension cords, the Commission determines that:

    • Minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers for 2-wire indoor extension cords, and jacketed cords for outdoor extension cords, are all readily observable characteristics of extension cords. Proper polarization, outlet covers, and jacketed cords are all visually observable characteristics of an extension cord. Measurement of minimum wire size, sufficient strain relief, and proper continuity can be readily conducted and visually observed;

    • the identified readily observable safety characteristics for extension cords are addressed in the following sections of a voluntary standard, UL 817:

    ○ Minimum wire size—sections 2, 20, 21, and 30;

    ○ Sufficient strain relief—sections 20, 30, and 84;

    ○ Proper polarization—9, 19, 20, 30, 31, and 32;

    ○ Proper continuity—sections 16, 20, 30, and 105;

    ○ Outlet cover (for indoor 2-wire parallel extension cords with polarized parallel-blade and -slot fittings)—sections 20 and 26;

    ○ Jacketed cord (for outdoor use extension cords)—section 30;

    • conformance to UL 817 has been effective in reducing the risk of injury from shock and fire associated with extension cords. For example, the annual average reported deaths associated with extension cords from 1980 to 1986 was 47.7, and the annual average number of reported non-fatal incidents during the same time period was 201. These death and injury averages have declined over the years. In the most recent 7-year period, from 2008 to 2014, the annual average number of reported deaths fell to 17.6, and the annual average number of reported nonfatal incidents fell to 65.7. Although decreasing numbers of death and injury may be a result of several factors, conformance with UL 817 coincided with, and likely contributed to, the decline in deaths and injuries associated with extension cords; and

    • extension cords sold in the United States substantially comply with UL 817. We estimate that more than 90 percent of the extension cords for sale in the United States comply with the readily observable safety characteristics addressed in UL 817: Minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers for 2-wire indoor cords, and jacketed cords for outdoor extension cords.

    VI. Effect of the 15(j) Rule

    Section 15(j) of the CPSA allows the Commission to issue a rule specifying that a consumer product or class of consumer products has characteristics whose presence or absence creates a substantial product hazard. A rule under section 15(j) of the CPSA is not a consumer product safety rule, and thus, does not create a mandatory standard that triggers testing or certification requirements under section 14(a) of the CPSA.

    Although a rule issued under section 15(j) of the CPSA is not a consumer product safety rule, placing a consumer product on the substantial product hazard list in 16 CFR part 1120 has some ramifications. A product that is or has a substantial product hazard is subject to the reporting requirements of section 15(b) of the CPSA, 15 U.S.C. 2064(b). A manufacturer, importer, distributor, or retailer that fails to report a substantial product hazard to the Commission is subject to civil penalties under section 20 of the CPSA, 15 U.S.C. 2069, and possibly to criminal penalties under section 21 of the CPSA, 15 U.S.C. 2070.

    A product that is or contains a substantial product hazard is also subject to corrective action under sections 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) and (d). Thus, a rule issued under section 15(j) for extension cords allows the Commission to order that a manufacturer, importer, distributor, or retailer of extension cords that do not contain one or more of the applicable readily observable characteristics must offer to repair or replace the product, or refund the purchase price to the consumer.

    A product that is offered for import into the United States and is or contains a substantial product hazard shall be refused admission into the United States under section 17(a) of the CPSA, 15 U.S.C. 2066(a). Additionally, CBP has the authority to seize certain products offered for import under the Tariff Act of 1930 (19 U.S.C. 1595a) (“Tariff Act”), and to assess civil penalties that CBP, by law, is authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states that CBP may seize merchandise, and such merchandize may be forfeited if: “its importation or entry is subject to any restriction or prohibition which is imposed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regulation, or statute.”

    VII. Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (“RFA”) requires that proposed and final rules be reviewed for the potential economic impact on small entities, including small businesses. 5 U.S.C. 601-612. In the preamble to the proposed rule (80 FR at 5711-12) the Commission certified that the rule will not have a significant economic impact on a substantial number of small entities. The Commission received no comments on the RFA analysis presented in the NPR, and we have not found any data that would alter that analysis.

    VIII. Environmental Considerations

    Generally, the Commission's regulations are considered to have little or no potential for affecting the human environment, and environmental assessments and impact statements are not usually required. See 16 CFR 1021.5(a). The final rule to deem extension cords that do not contain one or more of five applicable readily observable characteristics to be a substantial product hazard will not have an adverse impact on the environment and is considered to fall within the “categorical exclusion” for purposes of the National Environmental Policy Act. 16 CFR 1021.5(c).

    IX. Paperwork Reduction Act

    The rule does not require any stakeholder to create, maintain, or disclose information. Thus, no paperwork burden is associated with this final rule, and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) does not apply.

    X. Preemption

    A rule under section 15(j) of the CPSA does not establish a consumer product safety rule. Accordingly, the preemption provisions in section 26(a) of the CPSA, 15 U.S.C. 2075(a), do not apply to this rule.

    XI. Effective Date

    The preamble to the proposed rule stated that a final rule deeming that extension cords that do not conform to the specified sections of UL 817 regarding minimum wire size, sufficient strain relief, proper polarization, proper continuity, outlet covers (for 2-wire indoor extension cords), and jacketed cord (for outdoor extension cords), are a substantial product hazard be effective 30 days after publication of a final rule in the Federal Register. We received no comments on the effective date. Accordingly, the final rule will apply to extension cords imported or introduced into commerce on August 26, 2015.

    List of Subjects in 16 CFR Part 1120

    Administrative practice and procedure, Clothing, Consumer protection, Cord sets, Extension cords, Household appliances, Imports, Incorporation by reference, Infants and children, Lighting.

    For the reasons stated above, and under the authority of 15 U.S.C. 2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat. 3016 (August 14, 2008), the Consumer Product Safety Commission amends 16 CFR part 1120 to read as follows:

    PART 1120—SUBSTANTIAL PRODUCT HAZARD LIST 1. The authority citation for part 1120 continues to read as follows: Authority:

    15 U.S.C. 2064(j).

    2. In § 1120.2, add paragraph (e) to read as follows:
    § 1120.2 Definitions.

    (e) Extension cord (also known as a cord set) means a length of factory-assembled flexible cord with an attachment plug or current tap as a line fitting and with a cord connector as a load fitting. Extension cords are used for extending a branch circuit supply of an electrical outlet to the power-supply cord of a portable appliance, in accordance with the National Electrical Code.® For purposes of this rule, the term applies to extension cords that are equipped with National Electrical Manufacturer Association (“NEMA”) 1-15, 5-15 and 5-20 fittings, and that are intended for indoor use only, or for both indoor and outdoor use. The term “extension cord” does not include detachable power supply cords, appliance cords, power strips and taps, and adaptor cords supplied with outdoor tools and yard equipment.

    3. In § 1120.3, add paragraph (d) to read as follows:
    § 1120.3 Products deemed to be substantial product hazards.

    (d) Extension cords that lack one or more of the following specified characteristics in conformance with requirements in sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 817 (incorporated by reference, see § 1120.4):

    (1) Minimum wire size requirement in sections 2, 20, 21, and 30 of UL 817;

    (2) Sufficient strain relief requirement in sections 20, 30, and 84 of UL 817;

    (3) Proper polarization requirement in sections 9, 19, 20, 30, 31, and 32 of UL 817;

    (4) Proper continuity requirement in sections 16, 20, 30, and 105 of UL 817;

    (5) Outlet cover requirement (for indoor 2-wire parallel extension cords with polarized parallel-blade and -slot fittings) in sections 20 and 26 of UL 817; or

    (6) Jacketed cord requirement (for outdoor use extension cords) in section 30 of UL 817.

    4. In § 1120.4, add paragraph (c)(4) to read as follows:
    § 1120.4 Standards incorporated by reference.

    (c) * * *

    (4) UL 817, Standard for Cord Sets and Power-Supply Cords, 11th Edition, dated March 16, 2001, as revised through February 3, 2014 (“UL 817”), IBR approved for § 1120.3(d).

    Dated: July 22, 2015. Todd A. Stevenson, Secretary, Consumer Product Safety Commission.
    [FR Doc. 2015-18294 Filed 7-24-15; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [Docket ID: DOD-2012-HA-0049] RIN 0720-AB57 Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE: TRICARE Pharmacy Benefits Program AGENCY:

    Office of the Secretary, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    This final rule implements new authority for an over-the-counter (OTC) drug program, makes several administrative changes to the TRICARE Pharmacy Benefits Program regulation in order to conform it to the statute, and clarifies some procedures regarding the operation of the uniform formulary. Specifically, the final rule: Provides implementing regulations for the OTC drug program that has recently been given permanent statutory authority; conforms the pharmacy program regulation to the statute (including recent statutory changes contained in the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015) regarding point-of-service availability of non-formulary drugs and copayments for all categories of drugs; clarifies the process for formulary placement of newly approved drugs; and clarifies several other uniform formulary practices.

    DATES:

    This final rule is effective August 26, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dr. George E. Jones, Jr., Chief, Pharmacy Operations Division, Defense Health Agency, telephone 703-681-2890.

    SUPPLEMENTARY INFORMATION: A. Executive Summary 1. Purpose of Regulatory Action

    The final rule is necessary to incorporate new statutory authority for a permanent OTC program, make several administrative changes to the TRICARE Pharmacy Benefits Program regulation to conform to the statute (10 U.S.C. 1074g), and clarify some procedures regarding the uniform formulary.

    Legal authority for this final rule is 10 U.S.C. 1074g.

    2. Summary of the Final Rule

    a. It establishes the process for identifying select OTC products for coverage under the pharmacy benefit program and the rules for making these products available to eligible DoD beneficiaries under the new authority enacted in section 702 of the National Defense Authorization Act for Fiscal Year 2013 (NDAA-13). In general, approved OTC pharmaceuticals will comply with the mandatory generic policy as stated in 32 CFR 199.21(j)(2) and will be available under terms similar to generic prescription medications, except that the need for a prescription and/or a copay may be waived in some circumstances.

    b. It conforms the regulation to the statute regarding the point of service where non-formulary drugs are available. They would be generally available in the mail order program, except that if validated as medically necessary, they would be available from military treatment facility pharmacies and from retail pharmacies (at the formulary copay level) as well.

    c. It clarifies the process for formulary placement of newly approved innovator drugs brought to market under a New Drug Application approved by the Food and Drug Administration (FDA), giving the Pharmacy and Therapeutics Committee up to 120 days to recommend tier placement on the uniform formulary. During this period, new drugs would be assigned a classification pending status; they would be available under terms comparable to non-formulary drugs, unless medically necessary, in which case they would be available under terms comparable to formulary drugs.

    d. As a “housekeeping” change, it conforms the rule to the new statutory specifications for copayment amounts in 10 U.S.C 1074g.

    3. Costs and Benefits

    The benefits of this final rule are that it will more closely conform the regulation to the statute and facilitate more effective administration of the TRICARE Pharmacy Benefits Program. The final rule will provide savings to the Department of a low-end estimate of $18.4 million and the high-end estimate of $26 million per year based on OTC program savings and estimated potential savings resulting from being able to offer non-formulary drugs through the most cost-effective venue. Revenue from implementation of copay changes resulting from statutory changes contained in the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is a low end estimate of $183.1 million annually and a high end estimate for $198.7 million annually. With respect to these statutory changes, this rule simply makes “housekeeping” amendments to conform to the specific statutory requirements. DoD has no administrative discretion on this matter.

    B. Background

    In 1999, Congress enacted 10 U.S.C. 1074g to, among other things, establish a uniform formulary program to incentivize the use of more cost-effective pharmaceutical agents and points of service. There are four points of service under the Pharmacy Benefits Program—military facility pharmacies, retail network pharmacies, retail non-network pharmacies, and the TRICARE mail order pharmacy program (TMOP)—and three uniform formulary tiers—First Tier for generic drugs, Second Tier for preferred brand name drugs (also referred to as “formulary drugs”), and Third Tier for non-preferred brand name drugs (also referred to as “non-formulary drugs”). In addition to establishing procedures for assigning drugs to one of the three tiers, the statute includes several other specifications, including that formulary drugs are generally available in all three points of service. Until very recently, the statute also provided that non-formulary drugs would be available in at least one point of service. TRICARE's regulations implementing this statute, issued in 2004, established or continued prior rules for, among other things: Assigning drugs to a formulary tier based on clinical and cost-effectiveness, and point of service availability for the respective tiers. Although the statute required Third Tier drugs to be available in only one point of service, the regulations made them available in two. Under section 702 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (NDAA-15), non-formulary drugs are now generally limited to the mail order pharmacy point of service (unless there is a validated medical necessity for the drug).

    TRICARE's administration of the Pharmacy Benefits Program has achieved some improvements in cost-effectiveness through the retail refund program, increased utilization of formulary management tools such as step-therapy and prior authorizations, and increased copays. The final rule will provide savings to the Department of a low-end estimate of $18.4 million and the high-end estimate of $26 million per year based on a combination of the savings from the current OTC demonstration program and estimated potential savings resulting from being able to offer non-formulary drugs through the most cost-effective venue. Revenue from implementation of copay changes resulting from statutory changes contained in the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is a low end estimate of $183.1 million annually and a high end estimate for $198.7 million annually. As a “housekeeping” matter, this rule includes the necessary changes to conform to the new statutory specifications over which DoD has no administrative discretion. However, overall costs of the TRICARE Pharmacy Benefits Program have continued to increase substantially, from approximately $2 billion in fiscal year 2001, to approximately $7 billion for fiscal year 2012. Like other large health plans, DoD is experiencing rising pharmacy costs due to new expensive products, shorter hospital stays, and in some cases higher drug prices. DoD also has an expanded beneficiary population, which now includes “TRICARE-for-Life” beneficiaries and some members of the Selected Reserves and their families. Retail prescription co-payments reflect the cost for up to a 30-day supply of the prescription, while mail order co-payments cover up to a 90-day supply. This difference is part of the incentive for beneficiaries to use the more cost-effective mail order program, as is the recent elimination of copayments for mail order generic drugs. Encouraging increased use of DoD's more cost-effective points of service (i.e., the mail order pharmacy or a military treatment facility pharmacy) and more cost-effective pharmaceutical products (i.e., those on First Tier and Second Tier) continues to be a TRICARE program objective.

    C. Summary of the Final Rule

    This final rule establishes the process for selecting OTC products for coverage under the TRICARE pharmacy benefits program and would provide the guidelines for making selected OTC products available to eligible DoD beneficiaries. The OTC drugs demonstration project began through the TRICARE Mail Order Pharmacy program in May 2007 and in the TRICARE Retail Pharmacy program in October 2007. Due to the brevity of the demonstration, particularly in the retail pharmacy venue, in June 2009 an interim report to Congress was submitted with preliminary cost savings estimates and positive beneficiary feedback. In order to validate the initial results and identify areas for improvement to the program, the Department of Defense (DoD) extended the program through a Federal Register notice published on December 16, 2009. The demonstration program was due to terminate November 4, 2012. The DoD extended the OTC demonstration for another 2 years through publishing a Federal Register notice, while awaiting permanent legislative authority. A report to Congress in 2012 stated that DoD saved approximately $62M during the course of the OTC demo. Section 702 of NDAA-13 amended subsection (a)(2) of section 1074g of title 10, United States Code, providing permanent authority to place selected over-the-counter drugs on the uniform formulary.

    The new legislation authorizes DoD to place selected OTC drugs on the uniform formulary and make such drugs available to eligible covered beneficiaries (eligibility specified in 32 CFR 199.3). The basic criteria regarding selection of OTC products for consideration are cost-effectiveness and patient access. DoD will consider and approve an OTC drug for inclusion in the uniform formulary only if it is expected to reduce government costs relative to a clinically comparable alternative drug that would otherwise be consumed and/or if an OTC product provided access to care not otherwise met by prescription-only products (e.g., Plan B contraceptive). An OTC drug may be included on the uniform formulary only if the Pharmacy and Therapeutics (P&T) Committee finds that the OTC drug is both cost effective and clinically effective. Clinical effectiveness is judged by the criteria found in 32 CFR 199.21(e)(1)(i-ii) while cost effectiveness is determined based on criteria found in 32 CFR 199.21(e)(2). This cost-effectiveness standard is reinforced by the requirement for physician supervision through issuance of a prescription for the OTC drug. This requirement applies unless it is waived based on a recommendation of the Pharmacy and Therapeutics Committee for the use of the drug for certain medical situations, such as emergency care treatment.

    The selected OTC drugs would be placed in First Tier with the corresponding copays applicable to the point-of-service involved. Alternatively, based on the recommendation of the Pharmacy and Therapeutics Committee and approval of the Director, DHA, the retail copay may be waived and $0.00 copay established for the particular OTC drug in all points of service. No cost sharing is required at any of the three points of service for a uniformed service member on active duty.

    This final rule also makes several administrative changes to the TRICARE Pharmacy Benefits Program regulation to conform more closely to the statute (10 U.S.C. 1074g) and to clarify some procedures regarding the uniform formulary. One change aligns the regulation with the statute regarding the point of service where non-formulary drugs are generally available. Until very recently, the statute required availability in one of the three primary points of service (military facility, retail network, and mail order program). The current regulation specifies that non-formulary (Third Tier) drugs are generally unavailable in military facilities and generally available in the retail network and by mail order. The proposed rule would have revised this to state that non-formulary drugs would generally be available in the retail network or by mail order, but the Pharmacy and Therapeutics Committee could recommend and the DHA Director could approve limiting the drug to only one venue based on determinations that there is no significant clinical need and there is a significant additional government cost for access to both venues. However, since publication of the proposed rule, Congress has amended the statute to specify that non-formulary drugs will only be generally available in the mail order program. This removes any DoD discretion on the matter. Therefore, this final rule states that non-formulary drugs are generally available only in the mail order program. It should be noted that existing statutory and regulatory provisions allowing an exception to this in cases of medical necessity for the non-formulary drug remain in effect. Therefore, when medically necessary, non-formulary drugs are available at military treatment facility pharmacies and also from retail pharmacies. In the latter case, the copay will be the same as is applicable to formulary drugs.

    This change will reinforce DoD policy, which encourages use of more cost-effective drugs and points of service. A beneficiary always has the option of asking the health care provider to change the prescription to a comparable formulary drug, or, in cases of medical necessity, obtaining approval for dispensing the non-formulary drug at the formulary copayment amount. Like all other health plans with formularies, physicians make professional decisions regarding formulary alternatives, often in consultation with the pharmacist in light of the individual patient's circumstances. Under DoD's policy, when a physician provides written justification stating why the non-preferred drug is expected to have better clinical outcomes than the preferred drug, the non-formulary drug may be obtained at the formulary copay. This process is clearly explained to the provider by the Pharmacy Benefit manager through telephone or fax when the situation occurs. Another option for most prescriptions when the beneficiary prefers a non-formulary drug is to have the prescription transferred to the mail order program, which has a lower co-payment for a 90-day supply of a non-formulary drug ($46) than the retail point of service would have for three 30-day prescriptions for a formulary drug (3 times $20).

    Another administrative change in this final rule clarifies the process for formulary placement of innovator drugs newly approved by the Food and Drug Administration. Current practice for brand name drugs is that they are placed in the Second Tier the day FDA approves the drug. This practice has not led to the most cost-effective placement of these newly approved drugs and has the potential for confusion among patients and physicians if the drug is soon thereafter moved to Third Tier. DoD proposes that newly approved drugs be evaluated for their relative clinical benefit and relative cost, as compared to other drugs in the same class, at the next quarterly meeting of the Pharmacy and Therapeutics (P&T) Committee following FDA approval. A recommendation will then be made to the Director of the Defense Health Agency for tier placement of the drug.

    The current statute and regulation do not specifically address the status of the drug from the date of FDA approval to the date the P&T Committee's recommendation is eventually implemented. This final rule addresses this by considering the newly approved drug to be in a classification pending status and covered by TRICARE under terms applicable to Third Tier drugs, and by providing a period of up to 120 days for the P&T Committee to make a final determination with respect to formulary classification. Tier classification will normally occur at the next quarterly meeting following FDA approval, but in cases when the FDA approval happens too close to a scheduled meeting for the necessary research to be done, the drug would be considered at the following meeting. The 120-day time period accommodates this. During the period prior to a decision on tier placement, the newly approved drug will be covered by TRICARE under Third Tier terms.

    Under the current rule, new drugs are immediately placed on the Second Tier (formulary brand-name drugs). Once the new drug is properly reviewed and compared to all other drugs in its class, it is often moved to the Third Tier (non-formulary), i.e., no clinical or cost advantage. Under this final rule, very briefly deferring tier placement pending a review would not require a “tier move” if the review finds no clinical or cost advantage. Movement of drugs between the tiers is always confusing to beneficiaries even though they are notified in writing of the change. The change to the rule will lessen the likelihood of a tier move for the new product.

    This final rule also incorporates into the regulation several details of current practice. While the current regulation provides that a uniform formulary drug that is not a generic drug may be grouped for copayment purposes with generic drugs if it is judged to be as cost effective as generic drugs in the same drug class, this final rule adds that a generic drug may be classified as non-formulary if it is less cost-effective than non-generic formulary drugs in the same drug class. The Uniform Formulary process requires the P&T committee to make recommendations to the Director, Defense Health Agency who approves or disapproves each recommendation after reviewing comments from the Beneficiary Advisory Panel on the recommendations. In the case of all generic drugs, the beneficiary copayment amount for any prescription may not exceed the total charge to TRICARE for that prescription.

    Finally, this final rule makes a “housekeeping” change to the paragraph on cost sharing amounts to make it conform to the current statutory specifications established by NDAA-13 and NDAA-15. In the current regulation, copays were calculated based on the previous statute that stated that the Third Tier copay could be no more than 20% for active duty dependents or 25% for retirees and their dependents of the cost of the drug. The NDAA-13 legislation provided specific set dollar amounts for copays from January 2014 through January 2023. NDAA-15 adjusted several of these amounts by $3 per prescription and generally eliminated availability of non-formulary drugs at the retail pharmacy point of service. This has rendered the text of the current regulation out of date and no longer accurate. The new text of the regulation matches the current statutory specifications. The final rule also reissues without change paragraphs (h)(4) and (i)(2)(ii)(D) to clarify agency intent and correct a technical misstatement in a 2011 Federal Register publication.

    D. Summary of and Response to Public Comments

    The proposed rule was published in the Federal Register (79 FR 56312) September 19, 2014, for a 60-day comment period. We received three comments on the proposed rule from three commenters. We appreciate these comments, which are summarized here, along with DoD's response.

    Comment: One comment expressed concern regarding limiting the availability of non-formulary pharmaceuticals to one point of service based on Pharmacy and Therapeutics Committee recommendations and approval by the Director, Defense Health Agency. The commenter's concern was specific to limiting the availability of compounded medications to one point of service.

    Response: This final rule is not addressing compounded medications and the rule is doing nothing more that conforming with the current statutory specification (based on NDAA-15) that non-formulary drugs are generally only available through the mail order point of service. (Existing regulatory provisions at 32 CFR 199.21(h)(3)(iv) stating that with validated medical necessity, non-formulary drugs are provided at formulary drug copays remain in effect.)

    Comment: One commenter objected to the proposed rule provision that newly approved drugs will be maintained for a brief administrative review period in a “classification pending” status and be available under terms comparable to Third Tier drugs. The commenter expressed the view that this is contrary to the statute, which establishes the default position for brand name drugs at the Second Tier, and could impair prompt access to important new drugs.

    Response: DoD believes this change does not conflict with the statute, which does not address the issue of status pending the first opportunity of the Pharmacy and Therapeutics Committee to consider the appropriate tier placement of the drug. TRICARE is trying to minimize the beneficiary confusion associated with tier changes. This administrative review period is very short. It will last not more than 120 days, and often a shorter period. And perhaps most importantly, in any case in which there is a validated medical necessity for the newly approved drug, it will be available on the same terms as apply to Tier Two drugs. Thus, DoD is adopting this brief administrative review period for initial tier placement of newly approved brand name drugs.

    Comment: One commenter expressed support for the proposed provisions on over-the-counter drugs, but recommended that a preamble summary of the provision and inclusion of an example of emergency contraception be written into the regulatory text.

    Response: DoD acknowledges the commenter's agreement with the policy, but sees no need to revise the regulatory language. It correctly states the intended policy, and providing an example of a particular drug DoD expects to be covered by that policy is more appropriate for a preamble summary than regulatory text.

    E. Regulatory Procedures Executive Order 12866, “Regulatory Planning and Review” and Executive Order 13563, “Improving Regulation and Regulatory Review”

    Executive Order (EO) 12866 and 13563 require that a comprehensive regulatory impact analysis be performed on any economically significant regulatory action, defined primarily as one that would result in an effect of $100 million or more in any one year. The DoD has examined the economic, legal, and policy implications of this final rule and has concluded that it is not an economically significant regulatory action under Section 3(f)(1) of the EO. The rule has been reviewed by the Office of Management and Budget.

    Congressional Review Act, 5 U.S.C. 801, et seq.

    Under the Congressional Review Act, a major rule may not take effect until at least 60 days after submission to Congress of a report regarding the rule. A major rule is one that would have an annual effect on the economy of $100 million or more or have certain other impacts. For this purpose we note that the budget savings identified in this preamble are mostly associated with “housekeeping” changes to the Code of Federal Regulations to conform to specific statutory requirements, with respect to which DoD has no administrative discretion.

    Sec. 202, Public Law 104-4, “Unfunded Mandates Reform Act”

    This rule does not contain a Federal mandate that may result in the expenditure by State, local and tribunal governments, in aggregate, or by the private sector, of $100 million or more (adjusted for inflation) in any one year.

    Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601)

    The Regulatory Flexibility Act (RFA) requires that each Federal agency prepare and make available for public comment, a regulatory flexibility analysis when the agency issues a regulation which would have a significant impact on a substantial number of small entities. This final rule does not have a significant impact on a substantial number of small entities.

    Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35)

    This final rule contains no new information collection requirements subject to the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3511).

    Executive Order 13132, “Federalism”

    This final rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on the States; the relationship between the National Government and the States; or the distribution of power and responsibilities among the various levels of Government.

    List of Subjects in 32 CFR Part 199

    Claims, Health care, Health insurance, Military personnel, Pharmacy Benefits.

    Accordingly, 32 CFR part 199 is amended as follows:

    PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: Authority:

    5 U.S.C. 301; 10 U.S.C. chapter 55.

    2. Section 199.21 is amended by: a. Adding paragraph (b)(3)); b. Adding paragraph (g)(5); c. Revising paragraphs (h)(3)(i) and (ii); d. Republishing paragraph (h)(4); e. Adding paragraph (h)(5); f. Revising paragraphs (i)(2)(ii) through (v), and (i)(2)(x); and g. Adding paragraphs (i)(2)(xii) and (j)(4) and (5).

    The additions and revisions read as follows:

    § 199.21 TRICARE Pharmacy Benefits Program.

    (b) * * *

    (3) Over-the-counter drug. A drug that is not subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).

    (g) * * *

    (5) Administrative procedure for newly approved drugs. In the case of a newly approved innovator drug, other than a generic drug, the innovator drug will, not later than 120 days after the date of approval by the Food and Drug Administration, be added to the uniform formulary unless prior to that date the P&T Committee has recommended that the agent be listed as a non-formulary drug. If the Director, DHA subsequently approves that recommendation, the drug will be so listed. If the Director, DHA disapproves the recommendation to list the drug as non-formulary Third Tier, the drug will be then classified per the Director's decision. If, prior to the expiration of 120 days, the P&T Committee recommends that the agent be added to the uniform formulary and the recommendation is approved by the Director, DHA, that will be done as soon as feasible. Pending action under this paragraph (g)(5), the newly approved pharmaceutical agent will be considered to be in a classification pending status and will be available to beneficiaries under Third Tier terms applicable to all other non-formulary agents.

    (h) * * *

    (3) Availability of non-formulary pharmaceutical agents.—(i) General. Non-formulary pharmaceutical agents are generally not available in military treatment facilities or in the retail point of service. They are available in the mail order program.

    (ii) Availability of non-formulary pharmaceutical agents at military treatment facilities. Even when particular non-formulary agents are not generally available at military treatment facilities, they will be made available to eligible covered beneficiaries through the non-formulary special approval process as noted in this paragraph (h)(3)(ii) when there is a valid medical necessity for use of the non-formulary pharmaceutical agent.

    (4) Availability of vaccines/immunizations. A retail network pharmacy may be an authorized provider under the Pharmacy Benefits Program when functioning within the scope of its state laws to provide authorized vaccines/immunizations to an eligible beneficiary. The Pharmacy Benefits Program will cover the vaccine and its administration by the retail network pharmacy, including administration by pharmacists who meet the applicable requirements of state law to administer the vaccine. A TRICARE authorized vaccine/immunization includes only vaccines/immunizations authorized as preventive care under the basic program benefits of § 199.4 of this part, as well as such care authorized for Prime enrollees under the uniform HMO benefit of § 199.18. For Prime enrollees under the uniform HMO benefit, a referral is not required under paragraph (n)(2) of § 199.18 for preventive care vaccines/immunizations received from a retail network pharmacy that is a TRICARE authorized provider. Any additional policies, instructions, procedures, and guidelines appropriate for implementation of this benefit may be issued by the TMA Director.

    (5) Availability of selected over-the-counter (OTC) drugs under the pharmacy benefits program. Although the pharmacy benefits program generally covers only prescription drugs, in some cases over-the-counter drugs may be covered and may be placed on the uniform formulary.

    (i) An OTC drug may be included on the uniform formulary upon the recommendation of the Pharmacy and Therapeutics Committee and approval of the Director, DHA, based on a finding that it is cost-effective and clinically effective, as compared with other drugs in the same therapeutic class of pharmaceutical agents. Clinical need is judged by the criteria found in paragraph (e)(1)(i) and (ii) of this section. Cost effectiveness is determined based on criteria found in paragraph (e)(2) of this section.

    (ii) OTC drugs placed on the uniform formulary, in general, will be treated the same as generic drugs on the uniform formulary for purposes of availability in MTF pharmacies, retail pharmacies, and the mail order pharmacy program and other requirements. However, upon the recommendation of the Pharmacy and Therapeutics Committee and approval of the Director, DHA, the requirement for a prescription may be waived for a particular OTC drug for certain emergency care treatment situations. In addition, a special copayment may be established under paragraph (i)(2)(xii) of this section for OTC drugs specifically used in certain emergency care treatment situations.

    (i) * * *

    (2) * * *

    (ii) For pharmaceutical agents obtained from a retail network pharmacy there is a:

    (A) $20.00 co-payment per prescription required for up to a 30-day supply of a formulary pharmaceutical agent.

    (B) $8.00 co-payment per prescription for up to a 30-day supply of a generic pharmaceutical agent.

    (C) $0.00 co-payment for vaccines/immunizations authorized as preventive care for eligible beneficiaries.

    (iii) For formulary and generic pharmaceutical agents obtained from a retail non-network pharmacy there is a 20 percent or $20.00 co-payment (whichever is greater) per prescription for up to a 30-day supply of the pharmaceutical agent.

    (iv) For pharmaceutical agents obtained under the TRICARE mail-order program there is a:

    (A) $16.00 co-payment per prescription for up to a 90-day supply of a formulary pharmaceutical agent.

    (B) $0.00 co-payment for up to a 90-day supply of a generic pharmaceutical agent.

    (C) $46.00 co-payment for up to a 90-day supply of a non-formulary pharmaceutical agent. (D) $ 0.00 co-payment for smoking cessation pharmaceutical agents covered under the smoking cessation program.

    (x) The per prescription co-payments established in this paragraph (i)(2) may be adjusted periodically based on experience with the uniform formulary, changes in economic circumstances, and other appropriate factors. Any such adjustment must be approved by the Assistant Secretary of Defense (Health Affairs). These additional requirements apply:

    (A) Beginning January 1, 2016, the amounts specified in this paragraph (i)(2) shall be increased annually by the percentage increase in the cost-of-living adjustment by which retired pay is increased under 10 U.S. Code section 1401a for the year, rounded down to the nearest dollar. However, with respect to any amount of increase that is less than $1 or any amount lost in rounding down to the nearest dollar, that amount shall be carried over to, and accumulated with, the amount of the increase for the subsequent year or years and made when the aggregate amount of increases carried over for a year is $1 or more.

    (B) Effective January 1, 2023 (unless otherwise provided by law), the Assistant Secretary of Defense for Health Affairs may adjust the amounts specified in this paragraph (i)(2) as considered appropriate. Between January 1, 2016, and January 1, 2023, the only adjustments allowed are the cost of living adjustments described in paragraph (i)(2)(x)(A) of this section, unless otherwise provided by law.

    (xii) Special copayment rule for OTC drugs in the retail pharmacy network. As a general rule, OTC drugs placed on the uniform formulary under paragraph (h)(5) of this section will have copayments equal to those for generic drugs on the uniform formulary. However, upon the recommendation of the Pharmacy and Therapeutics Committee and approval of the Director, DHA, the copayment may be established at $0.00 for any particular OTC drug in the retail pharmacy network.

    (j) * * *

    (4) Upon the recommendation of the Pharmacy and Therapeutics Committee, a generic drug may be classified as non-formulary if it is less cost effective than non-generic formulary drugs in the same drug class.

    (5) The beneficiary copayment amount for any generic drug prescription may not exceed the total charge for that prescription.

    Dated: July 21, 2015. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-18290 Filed 7-24-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 3, 50, 51, 52, 62, 67, 72, 80, 82, 83, 84, 90, 96, 100, 101, 110, 117, 150, 151, 155, 156, 161, 162, 164, 165, 177, and 183 [Docket No. USCG-2015-0433] RIN-1625-AC25 Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments AGENCY:

    Coast Guard, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    This final rule makes non-substantive technical, organizational, and conforming amendments to existing regulations throughout Title 33 of the Code of Federal Regulations. These changes provide the public with more accurate and current regulatory information, but they do not change the impact on the public of any Coast Guard regulation.

    DATES:

    This final rule is effective July 27, 2015.

    ADDRESSES:

    Documents mentioned in this preamble as being available in the docket are part of docket USCG-2015-0433. To view documents mentioned in this preamble, go to www.regulations.gov, type the docket number in the “SEARCH” box, and click “Search.” If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in room W12-140 of 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 final rule, call or email Mr. Paul Crissy, Coast Guard; telephone 202-372-1093, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Regulatory History III. Basis and Purpose IV. Discussion of the Rule V. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Abbreviations CFR—Code of Federal Regulations DHS—Department of Homeland Security E.O.—Executive Order FR—Federal Register NOAA—National Oceanic and Atmospheric Administration OMB—Office of Management and Budget Pub. L.—Public Law §—Section symbol U.S.C.—United States Code II. Regulatory History

    This rule is subject to several exceptions from the regulatory procedure requirements of 5 U.S.C. 553. Before issuing this rule, the Coast Guard did not provide a notice of proposed rulemaking, because it is not required to do so because this rule involves rules of agency organization, procedure, or practice.1 Moreover, notice and comment is unnecessary because the rule does not change the impact on the public of any Coast Guard regulation, but only makes non-substantive organizational and conforming amendments. For that reason, the Coast Guard finds it has good cause to issue this rule without first giving the public an opportunity to comment,2 and to make the rule effective less than 30 days after publication in the Federal Register.3

    1 5 U.S.C. 553(b)(A).

    2 5 U.S.C. 553(b)(B).

    3 5 U.S.C. 553(d)(3).

    III. Basis and Purpose

    The legal basis of this rule is found in 5 U.S.C. 552(a) and 553; 14 U.S.C. 2(3) and 631-633; 33 U.S.C. 471 and 499; and Department of Homeland Security Delegation No. 0170.1.

    The purpose of this rule is to provide the public with more accurate and current regulatory information by making technical, organizational, and conforming amendments to existing regulations throughout Title 33 of the Code of Federal Regulations (33 CFR). This rule does not change the impact on the public of any Coast Guard regulation.

    IV. Discussion of the Rule

    Each year, the Coast Guard issues technical, organizational, and conforming amendments to existing regulations in 33 CFR. These annual “technical amendments” provide the public with more accurate and current regulatory information, but do not change the impact on the public of any Coast Guard regulation.

    The rule makes changes in the following sections of 33 CFR:

    Sections 3.35-1, 3.35-35, 3.40-1(b), 3.40-10: Shift several Seventh and Eighth Coast Guard District boundaries so that they coincide with existing county political boundaries.

    Part 50 authority line: Change from “Sec. 8, 18 Stat. 127, as amended, sec. 302, 58 Stat. 287, as amended; 14 U.S.C. 92, 38 U.S.C. 693i” to “Sec. 10 U.S.C. 1554; 14 U.S.C. 92, 633; Department of Homeland Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23)” to conform to obsolete statutory references to current equivalents. Specifically, 18 Stat. 127 was superseded by 14 U.S.C. 92 and 633 in 1949. Section 302 of 58 Stat. 287 was codified at 38 U.S.C. 693i; that section was later re-enacted as 10 U.S.C. 1553 and 1554 in Public Law 85-857 in 1958.

    Sections 50.1, 50.3, 50.5, 50.6: Change “officer” to “member or former member” to reflect change to 10 U.S.C. 1554 authorization for Retiring Review Board.

    Part 51 authority line: Change from “10 U.S.C. 1553; Pub. L. 107-296, 116 Stat. 2135” to “10 U.S.C. 1553; 14 U.S.C. 92, 633; Department of Homeland Security Delegations No. 0160.1 II(B)(1), 0170.1(II)(23),” to omit public law that confers no rulemaking authority and to add 14 U.S.C. 92, which does confer that authority.

    Part 52 authority line: Add the Secretary's regulatory authority under 14 U.S.C. 92 and 633.

    Section 62.21(c): Reflect discontinuation of print publication of Light List, United States Coast Pilot, Local Notices to Mariners, and Notice to Mariners, in favor of electronic-only publication.

    Section 67.10-25(a): Update Coast Guard address information.

    Sections 72.01-5, 72.01-25(c), 72.01-40, 72.05-1(a), 72.05-5, 72.05-10: Reflect discontinuation of print publication of Local Notices to Mariners, Notice to Mariners, in favor of electronic-only publication, and indicate in § 72.05-1 that Volume V of the Light List is now published annually rather than biennially.

    Sections 80.155, 80.160, 80.165: Add geographical coordinates to the physical description of demarcation lines already in the regulations. The location of the demarcation lines is not affected.

    Sections 80.170, 80.501, 80.502: Redesignate sections to indicate that the area from Sandy Hook to Toms River, NJ, is within the Fifth, and not the First, Coast Guard District geographical area of responsibility (First District sections are designated § 80.101 et seq., while Fifth District sections are designated § 80.501 et seq.), and make wording changes to conform to Fifth District practice.

    Section 80.748(f): Change “shoreland” to “shoreline” to make consistent with Coast Guard terminology.

    Section 82.5: Change “33 CFR 88.13” to “33 CFR 83.30(h)-(1)” to conform to regulatory redesignation by 2014 final rule (79 FR 37898; Jul. 2, 2014).

    Section 83.09, 83.19(d), 83.24(h), 83.29(a)(iii), 83.34(d), 83.37: Minor rewordings and terminology revisions to conform to International Regulations for Preventing Collisions at Sea (COLREGS).

    Section 84.02(f)(ii): Change “§ 84.03(d)” to “§ 84.03(c),” the correct location of the cited requirements, which concern situations when two all-round masthead lights are required. Two all-round masthead lights are discussed in § 84.03(c) and not § 84.03(d), which only pertains to vessels with one masthead light.

    Section 90.5: Change “33 CFR 88.13” to “33 CFR 83.30(h) through (1)” to conform to regulatory redesignation.

    Part 96 authority line: Delete references to obsolete Department of Transportation delegations of regulatory authority.

    Section 100.1104, 100.1105: Reflect discontinuation of print publication of Local Notices to Mariners, in favor of electronic-only publication.

    Section 101.514(e): Remove paragraph that is obsolete because it incorporated a self-termination date of April 15, 2009.

    Section 110.215(b)(3): Change “33 CFR 204.195” to “33 CFR 334.930” to correct cross-reference.

    Sections 117.591(e), 117.605(b), (c), 117.647(a), 117.855(c): Reflect change in bridge owner.

    Section 117.1081: Update telephone number.

    Section 150.940: Remove and redesignate material as the referenced deepwater port is no longer in existence.

    Section 151.1512: Change “In order to” to “To”; “U.S. waters” to “waters of the United States” to conform to Coast Guard terminology; and in paragraph (b), in the phrase “approved alternative ballast water management method per § 151.1510(a)(1) and (4),” remove “alternative.” Sections 1510(a) and 1512 (a) make it clear that § 1510(a)(1) and (a)(4) are among the options provided by § 1510(a), only one of which is to be selected by a vessel's master.

    Section 151.2035(a): Change the permitted alternative “to ballast with water from a U.S. public water system” to “ballast exclusively with water from a U.S. public water system,” for clarification. This is a non-substantive, clarifying change because § 151.2025(a)(2) requires that the use of water from a U.S. public water system be exclusive.

    Section 151.2036: Change “that despite all efforts to meet the ballast water discharge standard requirements in § 151.2030 of this subpart, compliance is not possible” to “that, despite all efforts, compliance with the requirement under § 151.2025 is not possible”. The change corrects the cross-reference, and reflects the fact that under existing regulations the master, owner, operator, agent, or person in charge of a vessel has several ballast water management methods by which he may achieve compliance with the ballast water discharge standard set forth in 33 CFR 151.2030.

    Section 155.480(b)(2): Revise internal cross-references to conform to regulatory redesignations made by a 2013 rule (78 FR 42642, Jul. 16, 2013), which did not affect the meaning of the cross-references.

    Section 156.330(b): Change name of referenced publication to conform to name approved for incorporation by reference in 33 CFR 156.111.

    Section 161.18(a): In table, remove and add punctuation for grammatical reasons.

    Section 161.60(c): Specify that a latitude coordinate refers to north latitude.

    Section 162.65(b), 162.75(b): Substitute “Inland Navigation Rules (33 CFR Subchapter E)” for references to Coast Guard Commandant Instruction Manual COMDTINST M16672.2D. The Manual reiterated the language of international navigational safety regulations (COLREGS) 4 and the Inland Navigation Rules without change. It has been canceled in favor of referencing, in our regulations, the relevant international or inland rules. For §§ 162.65(b), 162.75(b), the Inland Navigation Rules (33 CFR Subchapter E) provide the relevant rules.

    4Note on COLREGS: Several amendments to parts 162 and 165 refer to the COLREGS (The Convention on the International Regulations for Preventing Collisions at Sea, adopted by the forerunner to the International Maritime Organization in 1972 and replacing a 1960 edition). The COLREGS (including its rules and annexes) were incorporated into U.S. law and entered into force in the U.S. on July 15, 1977, as proclaimed by the President in accordance with the International Navigational Rules Act of 1977, 33 U.S.C. 1602 (Pub. L. 95-75, Jul. 27, 1977, 91 Stat. 308). In accordance with § 33 U.S.C. 1602(c), the President is also authorized to proclaim any amendments to the COLREGS. The text of the amendment, with its effective date as proclaimed by the President, is then published in the Federal Register. On its effective date, the amendment enters into force in the U.S. and has effect as if enacted by statute.

    Section 162.90(b)(6): Remove “the Pilot Rules for Inland Waters” and substitute reference to Inland Navigation Rules, which now include the pilot rules.

    Section 164.03(e)(3): Remove an obsolete “incorporation by reference” document.

    Section 164.33(c), 164.72(b)(2)(ii)(B): Change “National Imagery and Mapping Agency” to its new agency name of “National Geospatial-Intelligence Agency”.

    Section 165.T01-0174(c)(9), 165.T01-0214(b)(6), 165.T01-0215(b)(5), 165.T01-0329(b)(7), 165.T01-0554(b)(5), 165.T01-0824(b)(7), 165.T01-0876(c)(7): Change “Rules of the Road (33 CFR part 84—Subchapter E, inland navigational rules)” to “Inland Navigation Rules (33 CFR subchapter E)” to correct current reference.

    Section 165.T01-1059(c)(1): Change “Navigation Rules” to “Inland Navigation Rules (33 CFR subchapter E)” to correct current reference.

    Section 165.T01-1063(b)(5): Change “Rules of the Road, as codified in 33 CFR subchapter E, Inland Navigational Rules” to “Inland Navigation Rules (33 CFR subchapter E)” to correct current reference.

    Section 165.100(d): In (d)(2), change references to several buoys and other aids to navigation to give their current names or Light List numbers, or to indicate their discontinuance; substitute reference to current regulatory location of COLREGS and Inland Navigation Rules for their former statutory locations.

    Section 165.122: In (b)(2) change “Conimicut Point Light” to its current name of “Conimicut Light”; in (b)(6) change “part 83” to “subchapter E” to correct current reference.

    Section 165.153(d)(9): Change “navigation rules” to “Navigation Rules (COLREGS and their associated annexes and the Inland Navigation Rules (33 CFR Subchapter E)” to correct current reference.

    Section 165.156(a): Change “Silver Point breakwater buoy” to its current name of “East Rockaway Inlet Breakwater Light”.

    Section 165.160: In table, change “Arthur Kill Channel Buoy” to its current name of “Arthur Kill Channel Lighted Buoy”.

    Section 165.163(a)(5): Change “the COLREGS Demarcation line at Ambrose Channel Entrance Lighted Bell Buoy 2” to the more accurate location and current name of “the COLREGS Demarcation line in the vicinity of Ambrose Channel Entrance Lighted Bell Buoy 6”.

    Section 165.166(a): Change “Liberty Island Lighted Gong Buoy 29” to its current name of “Liberty Island Lighted Gong Buoy 33”.

    Section 165.170: Remove obsolete safety zone, added by rule published April 14, 2014 (79 FR 20792) and intended to protect the public “while military munitions are rendered safe, detonated, and/or removed from the area.” The U.S. Army Corps of Engineers has confirmed that removal has been completed.

    Section 165.173: In lines 6.1 and 8.1 of Table 165.173, insert inadvertently omitted information that specific event dates may be announced in the Local Notice to Mariners, and conform the punctuation in line 5.1 to match the punctuation inserted in lines 6.0 and 8.0.

    Section 165.511(c)(1): Change “accordance with the Navigation Rules as seen in 33 CFR chapter I, subchapters D and E” to “accordance with the Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR Subchapter E))” to correct current reference.

    Section 165.514(a): Change “Bogue Sound—New River Daybeacon 70” to its current name of “Bogue Sound—New River Light 70”.

    Section 165.518(c)(4): Change “Navigation Rules in 33 CFR chapter I, subparts D and E” to “Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR Subchapter E))” to correct current reference.

    Section 165.708(a)(1), 165.753(a): Change coordinate and landmark descriptions to reflect buoy removals.

    Section 165.753(d): Change “either the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules” to “the Navigational Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR Subchapter E))” to correct current reference.

    Section 165.765(b): Change “33 U.S.C. 2001 et seq.” to “(33 CFR Subchapter E)” because the statute has been repealed and the referenced rules are now in regulations.

    Sections 165.813, 165.814: Revise to incorporate changes in buoy names and positions.

    Section 165.1152(e)(5): Change “Light 2” to its current name of “Light 8”.

    Section 165.1156(b)(3): Change “Navigation Rules as defined in 33 CFR chapter I, subchapters D and E” to “Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR Subchapter E))” to correct current reference.

    Section 165.1181(d)(3): Change “33 U.S.C. 2009” to “33 CFR Subchapter E” because the referenced rules are now in regulations, not statutes.

    Section 165.1182(a)(1), 165.1183(b)(1): Change “buoys 7 and 8” to their current names of “Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8”.

    Section 165.T13-239(a)(3): Change “33 CFR part 83” to “33 CFR Subchapter E” to correct current reference.

    Section 165.1321(c)(1): Change “to the Commencement Bay Directional Light (light list number 17159)” to “approximate position 47°16′49″ N., 122°24′52″ W.” to reflect discontinuance of the Directional Light.

    Section 165.1407: Revise (a)(1) and (a)(3) to reflect several name changes for referenced aids to navigation and revise (a)(4) to change a degree symbol to a minutes symbol.

    Section 165.1702(a): Revise coordinates to reflect discontinuance or minor relocation of referenced aids to navigation.

    Part 177 authority line: Add 46 U.S.C. 4308 to more accurately reflect the Coast Guard's authority.

    Section 183.803: Change “Commandant Instruction 16672.2 series” to “COLREGS and their associated Annexes and Inland Navigation Rules (33CFR Subchapter E)”; change “National Imagery and Mapping Agency” to “National Geospatial-Intelligence Agency” to correct current reference and agency name.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes or E.O.s.

    A. Regulatory Planning and Review

    Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The provisions of this final rule are technical and non-substantive; they will have no substantive effect on the public and will impose no additional costs. This final rule is not a significant regulatory action under section 3(f) of E.O. 12866 as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of E.O. 12866. The Office of Management and Budget (OMB) has not reviewed it under E.O. 12866.

    B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules exempt from the notice and comment requirements of the Administrative Procedure Act are not required to examine the impact of the rule on small entities. Nevertheless, we have considered whether this rule would have a significant economic impact on a substantial number of small entities. 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.

    There is no cost to this final rule, and we do not expect it to have an impact on small entities because the provisions of this rule are technical and non-substantive. It will have no substantive effect on the public and will impose no additional costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities.

    C. 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 so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Mr. Paul Crissy by phone at 202-372-1093 or via email at [email protected] 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.

    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).

    D. Collection of Information

    This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    E. Federalism

    A rule has implications for federalism under E.O. 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 have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132.

    F. 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 1 year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    G. Taking of Private Property

    This final rule will not cause a taking of private property or otherwise have taking implications under E.O. 12630 (“Governmental Actions and Interference with Constitutionally Protected Property Rights”).

    H. Civil Justice Reform

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

    I. Protection of Children

    We have analyzed this final rule under E.O. 13045 (“Protection of Children from Environmental Health Risks and Safety Risks”). This final 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.

    J. Indian Tribal Governments

    This final rule does not have tribal implications under E.O. 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.

    K. Energy Effects

    We have analyzed this final rule under E.O. 13211 (“Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use”). We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of OMB's 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 E.O. 13211.

    L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 Note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

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

    M. 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 (42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2 and figure 2-1, paragraphs (34)(a) and (b) of the Instruction. This final rule involves regulations that are editorial or procedural, or that concern internal agency functions or organizations. An environmental analysis checklist and a categorical exclusion determination are available in the docket for this final rule where indicated under ADDRESSES.

    List of Subjects 33 CFR Part 3

    Organization and functions (Government agencies).

    33 CFR Part 50

    Administrative practice and procedure, Disability benefits, Military personnel, Retirement.

    33 CFR Part 51

    Administrative practice and procedure, Military personnel.

    33 CFR Part 52

    Administrative practice and procedure, Archives and records, Military personnel.

    33 CFR Part 62

    Navigation (water).

    33 CFR Part 67

    Continental shelf, Navigation (water), Reporting and recordkeeping requirements.

    33 CFR Part 72

    Government publications, Navigation (water).

    33 CFR Part 80

    Navigation (water), Treaties, Waterways.

    33 CFR Part 82

    Navigation (water), Treaties.

    33 CFR Part 83

    Fishing vessels, Navigation (water), Waterways.

    33 CFR Part 84

    Navigation (water), Waterways.

    33 CFR Part 90

    Navigation (water), Waterways.

    33 CFR Part 96

    Administrative practice and procedure, Marine safety, Reporting and recordkeeping requirements, Vessels.

    33 CFR Part 100

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

    33 CFR Part 101

    Harbors, Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels, Waterways.

    33 CFR Part 110

    Anchorage grounds.

    33 CFR Part 117

    Bridges.

    33 CFR Part 150

    Harbors, Marine safety, Navigation (water), Occupational safety and health, Oil pollution, Reporting and recordkeeping requirements.

    33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, Reporting and recordkeeping requirements, Water pollution control.

    33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and recordkeeping requirements.

    33 CFR Part 156

    Hazardous substances, Oil pollution, Reporting and recordkeeping requirements, Water pollution control.

    33 CFR Part 161

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

    33 CFR Part 162

    Navigation (water), Waterways.

    33 CFR Part 164

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

    33 CFR Part 165

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

    33 CFR Parts 177 and 183.

    Marine safety.

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 3, 50, 51, 52, 62, 67, 72, 80, 82, 83, 84, 90, 96, 100, 101, 110, 117, 150, 151, 155, 156, 161, 162, 164, 165, 177, and 183 as follows:

    Title 33—Navigation and Navigable Waters PART 3—COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES 1. The authority citation for part 3 continues to read as follows: Authority:

    14 U.S.C. 92 & 93; Pub. L. 107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1, para. 2(23).

    § 3.35-1 [Amended]
    2. In § 3.35-1(b), after the text “part of Georgia and Florida west of a line”, remove the text “from the intersection of the Florida coast with Longitude 83°50′ W. (30°00′ N., 83°50′ W.) due north to a position 30°15′00″ N., 83°50′ W.″ and add, in its place, the text “starting at the Florida coast at longitude 084°04′34″ W. (30° 05′45″ N., 084°04′34″ W.) proceeding northerly along the boundary between Wakulla and Jefferson counties to position 30°15′00″ N., 084°04′33″ W.”.
    § 3.35-35 [Amended]
    3. In § 3.35-35, after the text “Port Zone start at the Florida coast at”, remove the text “latitude 29°59′14″ N., longitude 83°50′00″ W., proceeding north to latitude 30°15′00″ N., longitude 83°50′00″ W.” and add, in its place, the text “30°05′45″ N., 084°04′34″ W., proceeding northerly along the boundary between Wakulla and Jefferson counties to position 30°15′00″ N., 084°04′33″ W.”; and after the text “thence northeast to”, add the text “position 29°23′09″ N., 084°04′34″ W.; thence due north”.
    § 3.40-1 [Amended]
    4. Amend § 3.40-1(b) as follows: a. After the text “Florida and Georgia west of a line starting at the Florida coast at”, remove the text “83°50′ W. longitude; thence northerly to 30°15′ N. latitude, 83°50′ W. longitude” and add, in its place, the text “longitude 084°04′34″ W. (30°05′45″ N., 084°04′34″ W.) proceeding northerly along the boundary between Wakulla and Jefferson counties to position 30°15′00″ N., 084°04′33″ W.”; and b. After the text “Gulf of Mexico area west of a line”, remove the text “bearing 199 T. from the intersection of the Florida coast at 83°50′ W. longitude (the coastal end of the Seventh and Eighth Coast Guard District land boundary.)” and add, in its place, the text “proceeding due south from the intersection of the Florida coast at longitude 084°04′34″ W. (30°15′45″ N., 084°04′34″ W.) to position 29°23′09″ N., 084°04′34″ W., then bearing 199°T to the extent of the EEZ.”.
    § 3.40-10 [Amended]
    5. Amend § 3.40-10 as follows: a. After the text “Captain of the Port Zone start near the Florida coast at latitude”, remove the text “29°59′ 14″ N., longitude 083°0050′00″ W., proceeding north to latitude 30°15′00″ N., longitude 83°0050′00″ W” and add, in its place, the text “30°05′45″ N., 084°04′34″ W. proceeding northerly along the boundary between Wakulla and Jefferson counties to position 30°15′00″ N., 084°04′33″ W.”; and b. After the text “EEZ to the intersection with a line bearing 199°T from”, remove the text “the intersection of the Florida coast at longitude 83°50′00” W.; thence northeast along a line bearing 199°T from the Florida coast at longitude 83°50′00″ W. to the coast” and add, in its place, the text “with a line bearing 199°T from 29°23′09″ N., 084°04′34″ W. to the EEZ (24°48′13″ N., 085°50′05″ W.); thence northeast to 29°23′09″ N., 084°04′34″ W.”; thence due north to the Florida coast at longitude 084°04′34″ W. (30°05′45″ N., 084°04′34″ W.)”. PART 50—COAST GUARD RETIRING REVIEW BOARD 6. The authority citation for part 50 is revised to read as follows: Authority:

    Sec. 10 U.S.C. 1554; 14 U.S.C. 92, 633; Department of Homeland Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).

    § 50.1 [Amended]
    7. In § 50.1(b), after the text “at the request of any Coast Guard”, remove the text “officer” and add, in its place, the text “member or former member”.
    § 50.3 [Amended]
    8. In § 50.3(a), after the text “Any”, remove the text “officer” and add, in its place, the text “member or former member”. 9. Revise § 50.5(b)(6) to read as follows:
    § 50.5 Action by the Board.

    (b) * * *

    (6) In the case of a member or former member who was in the Reserve or who served under a temporary appointment, when the physical disability was incurred.

    § 50.6 [Amended]
    10. In § 50.6, remove the text “officer” and add, in its place, the text “member or former member”. PART 51—COAST GUARD DISCHARGE REVIEW BOARD 11. The authority citation for part 51 is revised to read as follows: Authority:

    10 U.S.C. 1553; 14 U.S.C. 92, 633; Department of Homeland Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).

    PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD 12. The authority citation for part 52 is revised to read as follows: Authority:

    10 U.S.C. 1552; 14 U.S.C. 92, 633; Department of Homeland Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).

    PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM 13. The authority citation for part 62 continues to read as follows: Authority:

    14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1.

    14. In § 62.21, revise paragraphs (c)(1) through (c)(4) to read as follows:
    § 62.21 General.

    (c) * * *

    (1) The Light List, published by the Coast Guard and available for viewing on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov lists federal and private aids to navigation. It includes all major Federal aids to navigation and those private aids to navigation that have been deemed to be important to general navigation, and includes a physical description of these aids and their locations.

    (2) The United States Coast Pilot, published by the National Ocean Service and available from NOAA Certified Printer Partners listed at http://www.nauticalcharts.noaa.gov/mcd/NOAAChartViewer.html. Free on-line versions and weekly updates supplement the information shown on nautical charts, and are available directly from NOAA at http://www.nauticalcharts.noaa.gov/nsd/cpdownload.htm. Subjects such as local navigation regulations, channel and anchorage peculiarities, dangers, climatalogical data, routes, and port facilities are covered.

    (3) Local Notices to Mariners are published by local Coast Guard District Commanders. Persons may view Local Notices to Mariners on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov. Changes to aids to navigation, reported dangers, scheduled construction or other disruptions, chart corrections and similar useful marine information is made available through this publication.

    (4) The Notice to Mariners is a national publication, similar to the Local Notice to Mariners, published by the National Geospatial-Intelligence Agency. The notices may be viewed on the National Geospatial-Intelligence Agency's Web site at http://msi.nga.mil/NGAPortal/MSI.portal. This publication provides oceangoing vessels significant information on national and international navigation and safety.

    PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES 15. The authority citation for part 67 continues to read as follows: Authority:

    14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1.

    § 67.10-25 [Amended]
    16. In § 67.10-25(a), after the text “Direct a written request to the”, remove the text “Commandant (CG-NAV), Attn: Navigation System Division” and add, in its place, the text “Aids to Navigation Division (CG-NAV-1), U.S. Coast Guard Stop 7418, 2703 Martin Luther King Jr. Ave. SE., Washington DC 20593-7418”. PART 72—MARINE INFORMATION 17. The authority citation for part 72 continues to read as follows: Authority:

    14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1.

    18. In § 72.01-5, revise paragraphs (b) and (c) to read as follows:
    § 72.01-5 Local Notice to Mariners.

    (b) “Local Notices to Mariners” are published weekly by each Coast Guard district or more often if there is a need to notify mariners of local waterway information. Local Notices to Mariners are available for viewing on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov/?pageName=lnmMain.

    (c) Any person may apply to the Coast Guard Navigation Center to receive automatic notices via email when new editions of the Local Notices to Mariners are available. Apply at http://www.navcen.uscg.gov/?pageName=listServerForm.

    § 72.01-25 [Amended]
    19. In § 72.01-25(c), remove the text “an authorized agent listed at http://aeronav.faa.gov/agents.asp or authorized Print-on-Demand agent listed at http://www.nauticalcharts.noaa.gov/staff/charts.htm. Free on-line versions, as well as weekly updates, are available directly from NOAA at http://www.nauticalcharts.noaa.gov/nsd/cpdownload.htm” and add, in its place, the text “NOAA Certified Printer Partners listed at http://www.nauticalcharts.noaa.gov/staff/print_agents.html#mapTabs-2. 20. Revise § 72.01-40 to read as follows:
    § 72.01-40 Single copies.

    Single copies of the “Notice to Mariners” described in § 72.01-10 may be viewed at the National Geospatial-Intelligence Agency's Web site at http://msi.nga.mil/NGAPortal/MSI.portal.

    § 72.05-1 [Amended]
    21. In § 72.05-01(a), remove the text “with the exception of Volume V, which is published biennially,”.
    § 72.05-5 [Removed and Reserved]
    22. Remove and reserve § 72.05-5. 23. Revise § 72.05-10 to read as follows:
    § 72.05-10 Free distribution.

    The Light List, including weekly updates, may be downloaded through the Coast Guard Navigation Center's Web site (http://www.navcen.uscg.gov/?pageName=lightlists). A notice advising mariners of the availability of new editions of the Light Lists will be published in the Coast Guard Local Notice to Mariners and the National Geospatial-Intelligence Agency's Notice to Mariners.

    PART 80—COLREGS DEMARCATION LINES 24. The authority citation for part 80 continues to read as follows: Authority:

    14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a).

    25. Revise § 80.155 to read as follows:
    § 80.155 Watch Hill, RI to Montauk Point, NY.

    (a) A line drawn from 41°18′13.999″ N., 071°51′30.300″ W. (Watch Hill Light) to East Point on Fishers Island.

    (b) A line drawn from Race Point to 41°14′36.509″ N., 072°02′49.676″ W. (Race Rock Light); thence to 41°12′2.900″ N., 072°06′24.700″ W. (Little Gull Island Light) thence to East Point on Plum Island.

    (c) A line drawn from 41°10′16.704″ N., 072°12′21.684″ W. (Plum Island Harbor East Dolphin Light) to 41°10′17.262″ N., 072°12′23.796″ W. (Plum Island Harbor West Dolphin Light).

    (d) A line drawn from 41°10′25.745″ N., 072°12′42.137′ W. (Plum Gut Light) to 41°09′48.393″ N., 072°13′25.014″ W. (Orient Point Light); thence to Orient Point.

    (e) A line drawn from 41°06′35.100″ N., 072°18′21.400″ W. (Long Beach Bar Light) to Cornelius Point.

    (f) A line drawn from 41°04′12.000″ N., 072°16′48.000″ W. (Coecles Harbor Entrance Light) to Sungic Point.

    (g) A line drawn from Nicholl Point to 41°02′25.166″ N., 072°15′42.971″ W. (Cedar Island Light 3CI).

    (h) A line drawn from 41°02′06.060″ N., 072°11′19.560″ W. (Threemile Harbor West Breakwater Light) to 41°02′05.580″ N., 072°11′15.777″ W. (Threemile Harbor East Breakwater Light).

    (i) A line drawn from 41°04′44.210″ N., 071°56′20.308″ W. (Montauk West Jetty Light 2) to 41°04′46.095″ N., 071°56′14.168″ W. (Montauk East Jetty Light 1).

    26. Revise § 80.160 to read as follows:
    § 80.160 Montauk Point, NY to Atlantic Beach, NY.

    (a) A line drawn from the 40°50′17.952″ N., 072°28′29.010″ W. (Shinnecock Inlet Breakwater Light 2) to 40°50′23.490″ N., 072°28′40.122″ W. (Shinnecock Inlet Breakwater Light 1).

    (b) A line drawn from 40°45′47.763″ N., 072°45′11.095″ W. (Moriches Inlet Breakwater Light 2) to 40°45′49.692″ N., 072°45′21.719″ W. (Moriches Inlet Breakwater Light 1).

    (c) A line drawn from the westernmost point on Fire Island to the southernmost extremity of the spit of land at the western end of Oak Beach.

    (d) A line drawn from 40°34′23.568″ N., 073°34′32.364″ W. (Jones Inlet Light) 322° true across Jones Inlet to the shoreline.

    27. Revise § 80.165 to read as follows:
    § 80.165 New York Harbor.

    A line drawn from 40°34′56.600″ N., 073°45′17.200″ W. (East Rockaway Inlet Breakwater Light) to 40°27′42.177″ N., 074°00′07.309″ W. (Sandy Hook Light).

    28. Redesignate § 80.501 as § 80.502, and revise the newly redesignated section to read as follows:
    § 80.502 Tom's River, NJ to Cape May, NJ.

    (a) A line drawn from the seaward tangent of Long Beach Island to the seaward tangent to Pullen Island across Beach Haven and Little Egg Inlets, thence across Brigantine Inlet to Brigantine Island.

    (b) A line drawn from the seaward extremity of Absecon Inlet.

    (c) A line drawn parallel with the general trend of highwater shoreline from the southernmost point of Longport at latitude 39°17.6′ N., longitude 74°33.1′ W. across Great Egg Harbor Inlet.

    (d) A line drawn parallel with the general trend of highwater shoreline across Corson Inlet.

    (e) A line formed by the centerline of the Townsend Inlet Highway Bridge.

    (f) A line formed by the shoreline of Seven Mile Beach to 39°00′23.757″ N., 074°47′28.017″ W. (Hereford Inlet Light).

    (g) A line drawn across the seaward extremity of Cape May Inlet.

    29. Redesignate § 80.170 as § 80.501, and revise the newly redesignated section to read as follows:
    § 80.501 Sandy Hook, NJ to Tom's River, NJ.

    (a) A line drawn across the seaward extremity of Shark River Inlet.

    (b) A line drawn across the seaward extremity of Manasquan Inlet.

    (c) A line drawn across the seaward extremity of Barnegat Inlet.

    § 80.748 [Amended]
    30. In § 80.748(f), remove the text “shoreland” and add, in its place, the text “shoreline.” PART 82—72 COLREGS: INTERPRETATIVE RULES 31. The authority citation for part 82 continues to read as follows: Authority:

    14 U.S.C. 2, 633; 33 U.S.C. 1602; E.O. 11964, 42 FR 4327, 3 CFR, 1977 Comp., p. 88; 49 CFR 1.46(n).

    § 82.5 [Amended]
    32. In § 82.5, after the text “on the corners in accordance with 33 CFR”, remove the text “88.13” and add, in its place, the text “83.30(h) through (1)”. PART 83—RULES 33. The authority citation for part 83 continues to read as follows: Authority:

    Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 2071); Department of Homeland Security Delegation No. 0170.1.

    34. Revise § 83.09(d) to read as follows:
    § 83.09 Narrow channels (Rule 9).

    (d) A vessel must not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel must use the signal prescribed in Rule 34(d) (§ 83.34(d)) if in doubt as to the intention of the crossing vessel.

    § 83.19 [Amended]
    35. In § 83.19(d), after the text “close-quarters situation is developing”, remove the text “or” and add, in its place, the text “and/or”.
    § 83.24 [Amended]
    36. In § 83.24(h), after the text “to indicate the presence of”, remove the text “the unlighted” and replace it with “such.”
    § 83.29 [Amended]
    37. In § 83.29(a)(iii), after the text “lights, or shape prescribed in Rule 30”, remove the text ” for anchored vessels” and add, in its place, the text “for vessels at anchor”.
    § 83.34 [Amended]
    38. In § 83.34(d), after the text “five short and rapid blasts on the whistle.”, remove the text “This” and add, in its place, the text “Such”. PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES 39. The authority citation for part 84 continues to read as follows: Authority:

    Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 2071); Department of Homeland Security Delegation No. 0170.1

    § 84.02 [Amended]
    40. In § 84.02(f)(ii), remove the text “§ 84.03(d)” and add, in its place, the text “§ 84.03(c)”. PART 90—INLAND RULES: INTERPRETATIVE RULES 41. The authority citation for part 90 continues to read as follows: Authority:

    33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    § 90.5 [Amended]
    42. In § 90.5, after the text “on the corners in accordance with 33 CFR”, remove the text “88.13” and add, in its place, the text “83.30(h) through (1)”. PART 96—RULES FOR THE SAFE OPERATION OF VESSELS AND SAFETY MANAGEMENT SYSTEMS 43. The authority citation for part 96 is revised to read as follows: Authority:

    46 U.S.C. 3201 et. seq.; 46 U.S.C. 3103; 46 U.S.C. 3316; 33 U.S.C. 1231.

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 44. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    § 100.1104 [Amended]
    45. In § 100.1104(a), remove the text “To be placed on the mailing list for Local Notice to Mariners contact: Commander (dpw), Eleventh Coast Guard District, Coast Guard Island, Building 50-2, Alameda, CA 94501-5100” and add, in its place, the text “Local Notices to Mariners are available for viewing on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov/?pageName=lnmDistrict&region=11”.
    § 100.1105 [Amended]
    46. In § 100.1105(a), remove the text “To be placed on the Local Notice to Mariners mailing list contact: Commander (oan), Eleventh Coast Guard District, 400 Oceangate Boulevard, Long Beach, CA 90822-5399” and add, in its place, the text “Local Notices to Mariners are available for viewing on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov/?pageName=lnmDistrict&region=11”.
    PART 101—MARITIME SECURITY: GENERAL 47. The authority citation for part 101 continues to read as follows: Authority:

    33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1.

    § 101.514 [Amended]
    48. In § 101.514, remove paragraph (e). PART 110—ANCHORAGE REGULATIONS 49. The authority citation for part 110 continues to read as follows: Authority:

    33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.

    § 110.215 [Amended]
    50. In § 110.215(b)(3), remove the text “§ 204.195” and add, in its place, the text “§ 334.930”. PART 117—DRAWBRIDGE OPERATION REGULATIONS 51. The authority citation for part 117 continues to read as follows: Authority:

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

    § 117.591 [Amended]
    52. In 117.591(e), remove the text “Metropolitan District Commission” and add, in its place, the text “Massachusetts Department of Transportation”.
    § 117.605 [Amended]
    53. Amend § 117.605 as follows: a. Remove the text “Boston and Maine” and add, in its place, the text “Massachusetts Bay Transportation Authority (MBTA)”; and b. Remove the text “Public Works” and add, in its place, the text “Transportation”.
    § 117.647 [Amended]
    54. In § 117.647(a), remove the text “Canadian National Railway” and add, in its place, the text “Central Michigan Railroad”. 55. Revise § 117.855(c) to read as follows:
    § 117.855 Maumee River.

    (c) The draws of the CSX Transportation railroad bridge, mile 1.07, Wheeling and Lake Erie Railroad Bridge, mile 1.80 and Norfolk Southern railroad bridge, mile 5.76, all at Toledo, shall operate as follows:

    § 117.1081 [Amended]
    56. In 117.1081, after the text “via VHF-FM Channel 16 or telephone”, remove the text “(507) 895-6087” and add, in its place, the text “(612) 851-5784”. PART 150—DEEPWATER PORTS: OPERATIONS 57. The authority citation for part 150 continues to read as follows: Authority:

    33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), (m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 68 FR 10619; Department of Homeland Security Delegation No. 0170.1(70), (73), (75), (80).

    § 150.940 [Amended]
    58. Amend § 150.940 as follows: a. Remove paragraph (b); b. Redesignate paragraphs (c) and (d) as paragraphs (b) and (c), respectively; and c. In newly redesignated paragraph (b), remove the text “(c)(1)” wherever it appears, and add, in its place, the text “(b)(1)”; d. In newly redesignated paragraph (b)(4)(iii), remove the text “(c)(4)(i)” and add, in its place, the text “(b)(4)(i)”; e. In newly redesignated paragraph (b)(4)(iv), remove the text “(c)(2)” and add, in its place, the text “(b)(2)”; f. In newly redesignated paragraph (c), remove the text “(d)(1)” wherever it appears, and add, in its place, the text “(c)(1)”; g. In newly redesignated paragraph (c)(4)(ii), remove the text “(d)(4)(i)” and add, in its place, the text “(c)(4)(i)”; and h. In newly redesignated paragraph (c)(4)(iv), remove the text “(d)(2)” and add, in its place, the text “(c)(2)”. PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER 59. The authority citation for part 151 continues to read as follows: Authority:

    33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101; Pub. L. 104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat. 1063), § 623; E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Delegation No. 0170.1, sec. 2(77).

    § 151.1512 [Amended]
    60. Amend § 151.1512 as follows: a. In paragraph (a), remove the text “In order to” and add, in its place, the text “To”; and b. In paragraph (b), after the text “BWMS to manage ballast water discharged to”, remove the text “U.S. waters” and add, in its place, the text “waters of the United States.”; and after the text “or employ an approved”, remove the text “alternative”.
    § 151.2035 [Amended]
    61. In § 151.2035(a), remove the words “or ballast with water from a U.S. public water system” and insert in their place the words “or ballast exclusively with water from a U.S. public water system”.
    § 151.2036 [Amended]
    62. In § 151.2036, in the first sentence, remove the words “that despite all efforts to meet the ballast water discharge standard requirements in § 151.2030 of this subpart, compliance is not possible” and add in its place the words “that, despite all efforts, compliance with the requirement under § 151.2025 is not possible”. PART 155—OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS 63. The authority citation for part 155 continues to read as follows: Authority:

    3 U.S.C. 301 through 303; 33 U.S.C. 1225, 1231, 1321(j), 1903(b), 2735; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. Section 155.480 also issued under section 4110(b) of Pub. L. 101.380.

    64. In § 155.480, revise paragraphs (b)(2)(i) through (b)(2)(iii) to read as follows:
    § 155.480 Overfill devices.

    (b) * * *

    (2) * * *

    (i) Meets the requirements of 46 CFR 39.2007(b)(2) through (b)(4), (d)(1) through (d)(4), and 46 CFR 39.2009(a)(1) ;

    (ii) Is an installed automatic shutdown system that meets the requirements of 46 CFR 39.2009(a)(2); or

    (iii) Is an installed high-level indicating device that meets the requirements of 46 CFR 39.2003(b)(1).

    PART 156—OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS 65. The authority citation for part 156 continues to read as follows: Authority:

    33 U.S.C. 1225, 1231, 1321(j); 46 U.S.C. 3703, 3703a, 3715; E.O. 11735, 3 CFR 1971-1975 Comp., p. 793; Department of Homeland Security Delegation No. 0170.1.

    § 156.330 [Amended]
    66. In § 156.330(b), before the text “Ship to Ship Transfer Guide,”, remove the text “Oil”. PART 161—VESSEL TRAFFIC MANAGEMENT 67. The authority citation for part 161 continues to read as follows: Authority:

    33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

    § 161.18 [Amended]
    68. Amend Table 161.18(a) as follows: a. In the description for “C-CHARLIE-Position”, after the text “E (east) or W (west); or”, remove the period symbol; and b. In the description for “R-ROMEO-Description of pollution or dangerous goods lost”, after the text “type of pollution (oil, chemicals, etc”, add a period symbol.
    § 161.60 [Amended]
    69. In § 161.60(c), remove the text “61°02′06″ and add, in its place, the text “61°02′06″ N.,”. PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS 70. The authority citation for part 162 continues to read as follows: Authority:

    33 U.S.C. 1231; Department of Homeland Security Delegation No. 0170.1.

    § 162.65 [Amended]
    71. Amend § 162.65 as follows: a. In paragraph (b)(2)(iv), after the text “Lights shall be displayed in accordance with provisions of the Navigation Rules”, remove the text “, International-Inland, Commandant Instruction M16672.2 (series)” and add, in its place, the text “(33 CFR Subchapter E)”; and b. In paragraph (b)(6), after the text “proper signals and pass in accordance with the Navigation Rules”, remove the text “, International-Inland, Commandant Instruction M16672.2 (series)” and add, in its place, the text “(33 CFR Subchapter E)”. 72. In § 162.75, revise paragraphs (b)(3)(iii) and (b)(7) to read as follows:
    § 162.75 All waterways tributary to the Gulf of Mexico (except the Mississippi River, its tributaries, South and Southwest Passes and Atchafalaya River) from St. Marks, Fla., to the Rio Grande.

    (b) * * *

    (3) * * *

    (iii) Lights shall be displayed in accordance with provisions of the Inland Navigation Rules (33 CFR Subchapter E).

    (7) Meeting and passing: Passing vessels shall give the proper signals and pass in accordance with the Inland Navigation Rules (33 CFR Subchapter E), where applicable. At certain intersections where strong currents may be encountered, sailing directions may be issued through navigation bulletins or signs posted on each side of the intersections.

    § 162.90 [Amended]
    73. In § 162.90(b)(6), after the text “in accordance with”, remove the text “the Inland Rules and the Pilot Rules for Inland Waters”, and add, in its place, the text “the Inland Navigation Rules (33 CFR Subchapter E)”. PART 164—NAVIGATION SAFETY REGULATIONS 74. The authority citation for part 164 continues to read as follows: Authority:

    33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101.

    § 164.03 [Amended]
    75. In § 164.03, remove paragraph (e)(3), and redesignate paragraphs (e)(4) through (e)(9) as paragraphs (e)(3) through (e)(8), respectively.
    § 164.33 [Amended]
    76. In § 164.33(c), remove the text “Imagery and Mapping” and add, in its place, the text “Geospatial-Intelligence”.
    § 164.72 [Amended]
    77. In § 164.72(b)(2)(ii)(B), remove the text “Imagery and Mapping” and add, in its place, the text “Geospatial-Intelligence”. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 78. The authority citation for part 165 continues to read as follows: Authority:

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

    § 165.T01-0174 [Amended]
    79. In § 165.T01-0174(c)(9), remove the text “Rules of the Road (33 CFR part 84—Subchapter E, inland navigational rules)”, and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-0214 [Amended]
    80. In § 165.T01-0214(b)(6), remove the text “Rules of the Road (33 CFR chapter I, subchapter E)” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-0215 [Amended]
    81. In § 165.T01-0215(b)(5), remove the text “Rules of the Road, as codified in 33 CFR Subchapter E, Inland Navigational Rules” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-0329 [Amended]
    82. In § 165.T01-0329(b)(7), remove the text “Rules of the Road (33 CFR part 84—Subchapter E, Inland Navigational Rules)” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-0554 [Amended]
    83. In § 165.T01-0554(b)(5), remove the text “Rules of the Road, as codified in 33 CFR subchapter E, Inland Navigational Rules” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-0824 [Amended]
    84. In § 165.T01-0824(b)(7), remove the text “Rules of the Road (33 CFR part 84—Subchapter E, inland navigational rules)” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-0876 [Amended]
    85. In § 165.T01-0876(c)(7), remove the text “Rules of the Road (33 CFR part 84—Subchapter E, inland navigational rules)” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”.
    § 165.T01-1059 [Amended]
    86. § 165.T01-1059(c)(1), remove the text “Navigation Rules” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E).”
    § 165.T01-1063 [Amended]
    87. In § 165.T01-1063(b)(5), remove the text “Rules of the Road, as codified in 33 CFR subchapter E, Inland Navigational Rules” and add, in its place, the text “Inland Navigation Rules (33 CFR subchapter E)”. 88. In § 165.100, revise paragraphs (d)(2) and (d)(5)(iv)(A)(5) to read as follows:
    § 165.100 Regulated Navigation Area: Navigable waters within the First Coast Guard District.

    (d) * * *

    (2) Enhanced communications. Each vessel engaged in towing a tank barge must communicate by radio on marine band or Very High Frequency (VHF) channel 13 or 16, and issue security calls on marine band or VHF channel 13 or 16, upon approach to the following places:

    (i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).

    (ii) Matinecock Point Shoal Lighted Gong Buoy 21 (LLNR 21420).

    (iii) 32A Buoy (LLNR 21380).

    (iv) Cable and Anchor Reef Lighted Bell Buoy 28C (LLNR 21330).

    (v) Stratford Shoal (Middle Ground) Light (LLNR 21260).

    (vi) Old Field Point Light (LLNR 21275).

    (vii) Approach to Stratford Point from the south (NOAA Chart 12370).

    (viii) Falkner Island Light (LLNR 21170).

    (ix) TE Buoy (LLNR 21160).

    (x) PI Buoy (LLNR 21080).

    (xi) Race Rock Light (LLNR 19815).

    (xii) Valiant Rock Lighted Whistle Buoy 11 (LLNR 19825).

    (xiii) Approach to Point Judith in vicinity of Block Island ferry route.

    (xiv) Buzzards Bay Entrance Light (LLNR 630).

    (xv) Buzzards Bay Midchannel Lighted Buoy BB (LLNR 16055)

    (xvi) Cleveland East Ledge Light (LLNR 016080).

    (xvii) Hog Island Channel Lighted Buoys 1 (LLNR 16130) and 2 (LLNR 16135).

    (xviii) Approach to the Bourne Bridge.

    (xix) Approach to the Sagamore Bridge.

    (xx) Approach to the eastern entrance of Cape Cod Canal.

    (5) * * *

    (iv) * * *

    (A) * * *

    (5) Before meeting, crossing, or overtaking any other VMRS user in the area, communicate on the designated vessel bridge-to-bridge radiotelephone frequency, intended navigation movements, and any other information necessary in order to make safe passing arrangements. This requirement does not relieve a vessel of any duty prescribed by the Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E)).

    § 165.122 [Amended]
    89. Amend § 165.122 as follows: a. In paragraph (b)(2)(iv), remove the text “Point”; and b. In paragraph (b)(6), remove the text “set forth in 33 CFR part 83” and add, in its place, the text “33 CFR subchapter E).”
    § 165.153 [Amended]
    90. In § 165.153(d)(9), remove the text “navigation rules” and add, in its place, the text “Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E)).”
    § 165.156 [Amended]
    91. In § 165.156(a), remove the text “Silver Point breakwater buoy” and add, in its place, the text “East Rockaway Inlet Breakwater Light”.
    § 165.160 [Amended]
    92. In Table 1 to § 165.160, in the description for “2.7 Arthur Kill, Elizabeth, NJ”, after the text “Arthur Kill Channel” add the text “Lighted”.
    § 165.163 [Amended]
    93. In § 165.163(a)(5), after the text “to the COLREGS Demarcation line”, remove the text “at” and add, in its place, the text “in the vicinity of”; and after the text “Ambrose Channel”, remove “Entrance Lighted Bell Buoy 2” and add, in its place, “Lighted Bell Buoy 6”.
    § 165.166 [Amended]
    94. In § 165.166(a), after the text “to Liberty Island Lighted Gong Buoy”, remove the number “29” and add, in its place, the number “33”.
    § 165.170 [Removed]
    95. Remove § 165.170. 96. In § 165.173, revise the Table to § 165.173 to read as follows:
    § 165.173 Safety Zones for annually recurring marine events held in Coast Guard Southeastern New England Captain of the Port Zone. Table to § 165.173 1.0 365 DAY JANUARY-DECEMBER 1.1 Provincetown Fireworks • Event Type: Fireworks Display. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Provincetown Harbor, Provincetown, MA. • Position: Within 500 yards of 41°28′44″ N., 070°10′83″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 1.2 Providence Fireworks • Event Type: Fireworks Display. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Hurricane Barrier in the Providence River, Providence, RI. • Position: Within 500 yards of 41°48′50″ N., 071°23′43″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 1.3 Fall River Fireworks • Event Type: Fireworks Display. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Battleship Cove, Fall River, MA. • Position: Within 500 yards of 41°42′37″ N., 071°09′53″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 5.0 MAY 5.1 RI National Guard Air Show • Event Type: Air Show. • Date: One weekend (Friday, Saturday, and Sunday) in May, June, or July, as announced in the local Notice to Mariners. • Time: Approximately 9:00 a.m. to 7:00 p.m. • Location: (1) All waters over the West Passage of Narragansett Bay, in the vicinity of the Quonset State Airport, North Kingston, RI which are within a 4000-yard radius arc extending from position 41°35′44″ N., 071°24′14″ W. (NAD 83); and (2) All waters over the West Passage of Narragansett Bay, in the vicinity of Narragansett Pier, Narragansett, RI, which are within a 2000-yard radius arc extending from position 41°26′17″ N., 071°27′02″ W. (NAD 83) (Friday only). • Safety Zone Dimension: Approximately 1000 yards long by 1000 yards wide. 6.0 JUNE 6.1 Oak Bluffs Summer Solstice • Event Type: Fireworks Display. • Date: One night on the 3rd or 4th weekend of June, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Town Beach, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′19″ N., 070°33′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 6.2 Swim Buzzards Bay • Event Type: Swim Event. • Date: One Saturday or Sunday in June, July, or August, as announced in the Local Notice to Mariners. • Time: Start times will vary from 6:00 a.m. to 11:59 a.m., and last approximately two hours until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Outer New Bedford Harbor, within 500 yards along a centerline with an approximate start point of 41°36′35″ N., 070°54′18″ W. (NAD 83) and an approximate end point of 41°37′26″ N., 070°53′48″ W. (NAD 83) at Davy's Locker Restaurant in New Bedford, MA, to Fort Phoenix Beach in Fairhaven, MA. • Safety Zone Dimension: 500 yards on either side of the centerline described above. 7.0 JULY 7.1 Marion 4th of July Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Outer Sipican Harbor, Marion, MA. • Position: Within 500 yards of 41°42′17″ N., 070°45′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 7.2 Oyster Harbors July 4th Festival • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Tim's Cove, North Bay, Osterville, MA.
  • • Position: Within 500 yards of 41°37′29″ N., 070°25′12″ W. (NAD 83).
  • • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.3 North Kingstown Fireworks Display • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Town Beach, North Kingston, RI. • Position: Within 500 yards of 41°33′59″ N., 071°26′23″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.4 Falmouth Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Falmouth Beach, Falmouth, MA. • Position: Within 500 yards of 41°32′27″ N., 070°35′26″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 7.5 Town of Nantucket Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Jetties Beach, Nantucket Sound, MA. • Position: Within 500 yards of 41°19′00″ N., 070°06′30″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.6 City of Newport 4th of July Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From the shore in the vicinity of Fort Adams, Newport, RI. • Position: Within 500 yards of 41°28′49″ N., 071°20′12″ W. (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the launch site. 7.7 Town of Barnstable/Hyannis July 4th Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Lewis Bay, Hyannis, MA. • Position: Within 500 yards of 41°38′20″ N., 070°15′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge. 7.8 Edgartown 4th of July Fireworks Celebration • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Edgartown Outer Harbor, Edgartown, MA. • Position: Within 500 yards of 41°22′39″ N., 070°30′14″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 7.9 City of New Bedford Fireworks Display • Event Type: Fireworks Display.    • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of New Bedford Harbor, New Bedford, MA. • Position: Within 500 yards of 41°37′55″ N., 070°54′44″ W. (NAD 83). • Safety Zone Dimension: Approximately 250 yard radius circle around the fireworks barge. 7.10 Onset Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Shellpoint Beach, Onset, MA. • Position: Within 500 yards of 41°44′13″ N., 070°39′51″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site. 7.11 Bristol 4th of July Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: In the vicinity of Northern portion of the Bristol Harbor, Bristol, RI, on the section of Poppasquash Rd separating the harbor and Mill Pond. • Position: Within 500 yards of 41°40′53.4″ N., 071°17′00″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site. 7.12 [Reserved] 7.13 Save the Bay Swim • Event Type: Swim Event. • Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners. • Time: Start time will vary from 6:00 a.m. to 11:59 a.m. and last for approximately four hours, until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Newport/Pell Bridge, East Passage of Narragansett Bay, along a centerline with an approximate start point of 41°30′24″ N., 071°19′49″ W. (NAD 83) and an approximate end point of 41°30′39″ N., 071°21′50″ W. (NAD 83), i.e., a line drawn from the Officers' Club, Coaster's Harbor Island, Naval Station Newport, to Potter Cove, Jamestown. • Safety Zone Dimension: 500 yards on either side of the centerline described above. 8.0 AUGUST 8.1 Boston Pops Nantucket • Event Type: Fireworks Display. • Date: One night in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Jetties Beach, Nantucket, MA. • Position: Within 500 yards of 41°17′43″ N., 070°06′10″ W. (NAD 83). • Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge. 8.2 Oak Bluffs Fireworks • Event Type: Fireworks Display. • Date: One night in August. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Oak Bluffs Harbor, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′27″ N., 070°33′17″ W. (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge. 8.3 Newport Salute to Summer Fireworks • Event Type: Fireworks Display. • Date: One night during the last two weekends in August or 1st weekend in September, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Naval Station Newport, Newport, RI. • Position: Within 500 yards of 41°30′15″ N., 071°19′50″ W. (NAD 83). • Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge. 9.0 SEPTEMBER 9.1 Provincetown Harbor Swim for Life • Event Type: Swim Event. • Date: On a day in September as announced in the Local Notice to Mariners. • Time: Times will vary from 10:00 a.m. until the last swimmer is ashore, no later than 2:00 p.m. • Location: The regulated area includes all waters in the vicinity of the Provincetown Harbor along a centerline between the start point, the Long Point Lighthouse. approximate position 42°01′59″ N., 070°10′07″ W. (NAD 83), and the end point, the Boatslip Resort, Provincetown, MA, approximate position 42°02′48″ N., 070°11′24″ W. (NAD 83). • Safety Zone Dimension: 250 yards on either side of the centerline described above. 9.2 Spirit of Somerset Celebration • Event Type: Fireworks Display. • Date: One night in September, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Mallard Point, Somerset, MA. • Position: Within 500 yards of 41°46′18″ N., 071°07′14″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks launch site. 10.0 OCTOBER 10.1 Yarmouth Seaside Festival Fireworks • Event Type: Fireworks Display. • Date: One night in October, as announced in the Local Notice to Mariners. • Time: Approximately 7:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Seagull Beach, West Yarmouth, MA. • Position: Within 500 yards of 41°38′06″ N., 070°13′13″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.
    § 165.511 [Amended]
    97. In § 165.511(c)(1), after the text “accordance with the Navigation Rules”, remove the text “as seen in 33 CFR chapter I, subchapters D and E” and add, in its place, the text “(COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E))”.
    § 165.514 [Amended]
    98. In § 165.514(a), after the text “from Bogue Sound—New River” and before the text “58 (LLNR 39210) at”, remove the text “Daybeacon” and add, in its place, the text “Light”.
    § 165.518 [Amended]
    99. In § 165.518(c)(4), remove the text “in 33 CFR chapter I, subparts D and E” and add, in its place, the text “(COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E)).”
    § 165.708 [Amended]
    100. In § 165.708(a)(1), after the text “Charleston Harbor Entrance”, remove the text “Buoy “C” (LLNR 1885, position 32-39.6N, 079-40.9W)” and add, in its place, the text “, approximate position (32°37.1′ N., 079°35.5′ W.)”.
    § 165.753 [Amended]
    101. Amend § 165.753 as follows: a. In paragraph (a), after the text “Egmont Channel, Gulf of Mexico from Tampa Bay”, remove the text “to the seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465” and add, in its place, the text “Tampa Bay Entrance, approximate position (27°35.3′ N., 079°35.5′ W.)”; and b. In paragraph (d), after the text “section shall supersede”, remove the text “either the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules” and add, in its place, the text “the Navigational Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E))”.
    § 165.765 [Amended]
    102. In § 165.765(b), remove the text “33 U.S.C. 2001 et seq” and add, in its place, the text “(33 CFR subchapter E)”.
    § 165.813 [Amended]
    103. Amend § 165.813 as follows: a. In paragraph (a) after the text “Galveston Bay Approach Lighted Buoy “GB”, at approximate position”, remove the text “29°21′18″ N., 94°37′36″ W.”, and add, in its place, the text “29°14′44″ N., 094°32′41″ W.”; and . b. In paragraph (b)(1)(ii), after the text “Where the Houston Ship Channel narrows to 400 feet or less between Houston Ship Channel Entrance Lighted Bell Buoy “18”, light list”, remove the text “no. 34385 at approximately 29°21′06″ N., 94°47′00″ W.” and add, in its place, the text “nos. 23900/36055 at approximately 29°21′04″ N., 094°47′00″ W.” 104. In § 165.814, revise paragraphs (a)(1) through (a)(4) to read as follows:
    § 165.814 Security Zones; Captain of the Port Houston-Galveston Zone.

    (a) * * *

    (1) Houston, TX. The Houston Ship Channel and all associated turning basins, bounded by a line drawn between geographic positions 29°45′14″ N., 095°05′47″ W. to 29°45′04″ N., 095°05′33″ W. west to the T & N Rail Road Swing Bridge at the entrance to Buffalo Bayou, including all waters adjacent to the ship channel from shoreline to shoreline and the first 200 yards of connecting waterways.

    (2) Morgan's Point, TX. The Barbours Cut Ship Channel and Turning Basin containing all waters west of a line drawn between Barbours Cut Junction Light “BC” 29°41′12″ N., 094°59′10″ W. (LLNR-24750), and Houston Ship Channel Light 91, 29°40′58″ N., 094°58′59″ W. (LLNR-24595) (NAD 1983).

    (3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and Bayport Turning Basin containing all waters south of latitude 29°36′45″ N. and west of position 29°36′45″ N., 094°59′31″ W. (NAD 1983).

    (4) Texas City, TX. The Port of Texas City Channel, Turning Basin and Industrial Canal containing all waters bounded by the area south and west of a line drawn from Texas City Channel Light 19 (LLNR 26160) through Texas City Cut B Inner Range Front Light (LLNR 26110) and terminating on land in position 29°23′16″ N., 094°53′15″ W. (NAD 1983).

    § 165.1152 [Amended]
    105. In § 165.1152(e)(5), after the text “Los Angeles Main Channel Entrance Light”, remove the number “2” and add, in its place, the number “8”.
    § 165.1156 [Amended]
    106. In § 165.1156(b)(3), after the text “the Navigation Rules”, remove the text “as defined in 33 CFR chapter I, subchapters D and E” and add, in its place, the text “(COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E))”.
    § 165.1181 [Amended]
    107. In § 165.1181(d)(3), after the text “Inland Navigation Rules (INRs) (33” remove the text “U.S.C. 2009” and add, in its place, the text “CFR subchapter E”.
    § 165.1182 [Amended]
    108. In § 165.1182(a)(1), after the text “between San Francisco Main Ship Channel”, remove the text “buoys 7 and 8” and add, in its place, the text “Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8”.
    § 165.1183 [Amended]
    109. In § 165.1183(b)(1), after the text “between San Francisco Main Ship Channel”, remove the text “buoys 7 and 8” and add, in its place, the text “Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8”.
    § 165.T13-239 [Amended]
    110. In § 165.T13-239(a)(3), after the text “Inland Navigation Rules published in 33 CFR”, remove the text “part 83” and add, in its place, the text “subchapter E”.
    § 165.1321 [Amended]
    111. In § 165.1321(c)(1), after the text “northwesterly along the shoreline of the Blair Waterway” remove the text “to the Commencement Bay Directional Light (light list number 17159)” and add, in its place, the text “approximate position 47°16′49″ N., 122° 24′52″ W.”.
    112. Amend § 165.1407 to revise paragraphs (a)(1), (a)(3), and (a)(4)(i) to read as follows:
    § 165.1407 Security Zones; Oahu, HI.

    (a) * * *

    (1) Honolulu Harbor. All waters of Honolulu Harbor and Honolulu entrance channel commencing at a line between Honolulu Harbor Entrance Channel Lighted Buoys 1 and 2, to a line between Kalihi Channel Lights 14 and 15 west of Sand Island Bridge.

    (3) Kalihi Channel and Keehi Lagoon, Oahu. All waters of Kalihi Channel and Keehi Lagoon beginning at Kalihi Channel Entrance Lighted Buoy 1 and continuing along the general trend of Kalihi Channel to Light 13, thence continuing on a bearing of 332.5°T to shore, thence east and south along the general trend of the shoreline to Light 15, thence southeast to Light 14, thence southeast along the general trend of the shoreline of Sand Island, to the southwest tip of Sand Island at 21°18.0′ N., 157°53.05′ W., thence southwest on a bearing of 233°T to Kalihi Channel Entrance Lighted Buoy 1.

    (4) Honolulu International Airport—(i) Honolulu International Airport, North Section. All waters surrounding Honolulu International Airport from 21°18.25′ N., 157°55.58′ W., thence south to 21°18.0′ N., 157°55.58′ W., thence east to the western edge of Kalihi Channel, thence north along the western edge of the channel to Light 13, thence northwest at a bearing of 332.5°T to shore.

    113. Revise § 165.1702(a) to read as follows:
    § 165.1702 Gastineau Channel, Juneau, Alaska—safety zone.

    (a) The waters within the following boundaries are a safety zone: A line beginning at position 58°17.8′ N., 134°24.9′ W., in the direction of 140° True to Rock Dump Lighted Buoy 2A (LLNR 23685) at position 58°17.1′ N., 134°23.8′ W.; thence in the direction of 003° true to a point at position 58°17.4′ N., 134°23. 8′ W., on the north shore of Gastineau Channel; thence northwesterly along the north shore of Gastineau Channel to the point of origin.

    PART 177—CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS 114. The authority citation for part 177 is revised to read as follows: Authority:

    46 U.S.C. 4302, 4308, 4311; Pub. L. 103-206, 107 Stat. 2439.

    PART 183—BOATS AND ASSOCIATED EQUIPMENT 115. The authority citation for part 183 continues to read as follows: Authority:

    46 U.S.C. 4302; Pub. L 103-206, 107 Stat. 2439; 49 CFR 1.46.

    § 183.803 [Amended]
    116. In § 183.803, in the definition of “Navigation Lights”, remove the text “(Commandant Instruction 16672.2 series)” and add, in its place, the text “(COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E)”.
    Dated: June 30, 2015. Katia Kroutil, Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
    [FR Doc. 2015-16520 Filed 7-24-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0656] Safety Zones; Recurring Events in Captain of the Port Boston Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce a safety zones in the Captain of the Port Boston Zone on the specified dates and times listed below. This action is necessary to ensure the protection of the maritime public and event participants from the hazards associated with this annual recurring event. No person or vessel, except for the safety vessels assisting with the event may enter the safety zones unless given permission from the COTP or the designated on-scene representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    DATES:

    The regulation for the safety zones described in 33 CFR 165.118 will be enforced between August 1, 2015, and August 15, 2015, on the date and times listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice, call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management Division, telephone 617-223-4000, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the safety zones listed in 33 CFR 165.118 on the specified dates and times as indicated in Table 1 below. This regulation was published in the Federal Register on November 8, 2013 (78 FR 67028).

    Table 1 7.13 Yankee Homecoming Fireworks • Event Type: Fireworks Display.
  • • Sponsor: Yankee Homecoming.
  • • Date: August 1, 2015.
  • • Time: 9:15 p.m. to 10:15 p.m.
  • • Location: All waters of the Merrimack River, within a 350-yard radius of the fireworks launch site located at position 42°48.97′ N., 070°52.68′ W. (NAD 83).
  • 8.1 Beverly Homecoming Fireworks • Event Type: Fireworks Display.
  • • Sponsor: Beverly Harbormaster.
  • • Date: August 9, 2015.
  • • Time: 9:00 p.m. to 11:00 p.m.
  • • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks barge located at position 42°32.62′ N., 070°52.15′ W. (NAD 83).
  • 8.5 Celebrate the Clean Harbor Swim • Event Type: Swim.
  • • Sponsor: New England Open Water Swimming Association.
  • • Date: August 15, 2015.
  • • Time: 9:00 a.m. to 12:00 p.m.
  • • Location: All waters of Gloucester Harbor within the following points (NAD 83):
  • 42°35.3′ N., 070°39.8′ W.
  • 42°35.9′ N., 070°39.2′ W.
  • 42°35.9′ N., 070°39.8′ W.
  • 42°35.3′ N., 070°40.2′ W.
  • 8.6 Boston Light Swim • Event Type: Swim.
  • • Sponsor: Boston Light Swim.
  • • Date: August 15, 2015.
  • • Time: 7:00 a.m. to 12:00 p.m.
  • • Location: All waters of Boston Harbor between the L Street Bath House and Little Brewster Island within the following points (NAD 83):
  • 42°19.7′ N., 071°02.2′ W.
  • 42°19.9′ N., 071°10.7′ W.
  • 42°19.8′ N., 070°53.6′ W.
  • 42°19.6′ N., 070°53.4′ W.
  • 8.8 The Boston Triathlon • Event Type: Swim.
  • • Sponsor: Ethos.
  • • Date: August 9, 2015.
  • • Time: 8:00 a.m. to 10:00 a.m.
  • • Location: All waters of Columbus Park, Boston, Ma within the following points (NAD 83):
  • 42°19.6′ N., 071°02.9′ W.
  • 42°19.6′ N., 071°02.6′ W.
  • 42°19.4′ N., 071°02.6′ W.
  • 42°19.4′ N., 071°02.8′ W.
  • This notice is issued under authority of 33 CFR 165.118 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and Broadcast Notice to Mariners. If the COTP determines that the regulated areas need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated areas.

    Dated: July 9, 2015. C.C. Gelzer, Captain, U.S. Coast Guard, Captain of the Port Boston.
    [FR Doc. 2015-18389 Filed 7-24-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0662] RIN 1625-AA00 Safety Zones; Annual Events in the Captain of the Port Buffalo Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

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

    DATES:

    The regulations in 33 CFR 165.939(a)(19) will be enforced on July 26, 2015 from 9 p.m. to 10:30 p.m.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice, call or email Waterways Management Division, Coast Guard Sector Buffalo, 1 Fuhrmann Blvd. Buffalo, NY 14203; Coast Guard telephone 716-843-9343, email [email protected].

    SUPPLEMENTARY INFORMATION:

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

    (1) Tonawanda's Canal Fest Fireworks, Tonawanda, NY; The safety zone listed in 33 CFR 165.939(a)(19) will be enforced from 9 p.m. to 10:30 p.m. on July 26, 2015.

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

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

    Dated: July 14, 2015. J.P. Higgins, Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
    [FR Doc. 2015-18395 Filed 7-24-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0286] RIN 1625-AA00 Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a safety zone in the navigable waters of Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, during the Fall River Grand Prix marine event from August 14-16, 2015. This safety zone is intended to safeguard mariners from the hazards associated with high-speed, high-performance motorboats competing in the event. Vessels are prohibited from entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement unless authorized by the Captain of the Port (COTP), Southeastern New England or the COTP's designated representative.

    DATES:

    This rule is effective from 9 a.m., Friday, August 14, 2015 to 5 p.m., Sunday, August 16, 2015. It will be subject to enforcement between 9 a.m. and 5 p.m. on each of these three dates.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket USCG-2015-0286. To view documents mentioned in the preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, contact Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New England, telephone 401-435-2351, email [email protected]. If you have questions on viewing the docket, please contact Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

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

    On May 29, 2015, we published a notice of proposed rulemaking (NPRM) entitled “Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA” in the Federal Register (80 FR 30637). We received no comments on the NPRM.

    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. This provision authorizes an agency to make a rule effective less than 30 days after publication in the Federal Register when the agency for good cause finds that delaying the effective period for 30 days or more is ”impracticable, unnecessary, or contrary to the public interest.” 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 to safeguard participants and the public at the Fall River Grand Prix, which is scheduled for August 14-16, 2015. State and local government officials support the event, there is no known opposition to the event, and no comments opposing the safety zone were received in response to the NPRM. Therefore, it is impracticable and unnecessary to make this rule effective 30 days or more after publication in the Federal Register.

    B. Basis and Purpose

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

    The initial Fall River Grand Prix is a three-day event where high-speed, high-performance motorboats participate in controlled races within a well-defined water area. This safety zone is intended to encompass the racing area and will include a buffer between the racing motorboats and spectator craft to provide a margin of safety. As these races are part of a national series of events, governed by a national racing and safety organization (the U.S. Offshore Powerboat Association), and operated by experienced high-speed motorboat crews and support teams, they are expected to generate local and regional media coverage, and attract spectators on a number of recreational and excursion vessels.

    The Coast Guard is establishing this safety zone, in conjunction with the Fall River Grand Prix, to ensure the protection of the maritime public and event participants from the hazards associated with high-speed, high-performance motorboat racing.

    C. Discussion of Comments, Changes and the Final Rule

    No comments were received and no changes were made to the language contained in the NPRM.

    D. Regulatory Analyses

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

    1. Executive Order 12866 and Executive Order 13563

    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, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order.

    We expect the adverse economic impact of this rule to be minimal. Although this regulation may have some adverse impact on the public, the potential impact will be minimized for the following reasons: The safety zone will be in effect for only a few hours each day for three consecutive days, and vessels will only be restricted from the zone in Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA during those limited periods when the races are actually ongoing; during periods when there is no actual racing (e.g., racing vessels are transiting from the pier to the racing site; downtime between races, etc.) vessels may be allowed to transit through the safety zone; there is an alternate route available for recreational vessels to the west of the safety zone that does not add substantial transit time and is already routinely used by mariners; many vessels, especially recreational vessels, may transit in all portions of the affected waterway except for those areas covered by the safety zone; and vessels may enter or pass through the affected waterway with the permission of the COTP or the COTP's representative.

    Notification of the Fall River Grand Prix and the associated safety zone will be made to mariners through both the Southeastern Massachusetts and Rhode Island Port Safety Forums, local Notice to Mariners, event sponsors, and local media well in advance of the event.

    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 on this rule from any small business, nor from the U.S Small Business Administration. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    This rule may affect the following entities, some of which might be small entities: Owners or operators of vessels intending to transit in Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, during the Fall River Grand Prix marine event. The impact to these entities will not be significant, and this rule will not affect a substantial number of small entities, because the waterway will be restricted and the safety zone enforced only during those limited periods when the races are actually ongoing. During periods when there is no actual racing (e.g., racing vessels are transiting from the pier to the racing site; downtime between races, etc.) vessels may be allowed to transit through the safety zone. Also, there is an alternate route available for recreational vessels to the west of the safety zone that does not add substantial transit time and is already routinely used by mariners. And many vessels, especially recreational vessels, may transit in all portions of the affected waterway except for those areas covered by the safety zone. And all vessels may enter or pass through the affected waterway with the permission of the COTP or the COTP's representative.

    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 so that they can better evaluate its effects on them and participate in the rulemaking. 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 under FOR FURTHER INFORMATION CONTACT.

    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 calls 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 State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this 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 rule would not result in such 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.

    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 concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This rule involves the establishment of a safety zone.

    We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    List of Subjects in 33 CFR Part 165

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

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

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 reads as follows: Authority:

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

    2. Add § 165.T01-0286 to read as follows:
    § 165.T01-0286 Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA.

    (a) Location. The following area is a safety zone: Mt. Hope Bay and the Taunton River navigation channel from approximately Mt. Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the northeast up to and including Mt. Hope Bay buoy C17 north of the Braga Bridge. The safety zone is encompassed by the following coordinates:

    Corner Latitude Longitude SW 41°41.40′ N. 71°11.15′ W. NW 41°41.48′ N. 71°11.15′ W. SE 41°42.33′ N. 71°09.40′ W. NE 41°42.42′ N. 71°09.47′ W.

    (b) Enforcement Period. Vessels will be prohibited from entering this safety zone, when enforced, during the Fall River Grand Prix marine event between 9 a.m. and 5 p.m. from Friday, August 14, 2015 to Sunday, August 16, 2015.

    (c) Definitions. The following definitions apply to this section:

    (1) Designated Representative. A “designated representative” is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port, Sector Southeastern New England (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.

    (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.

    (3) Patrol Commander. The Coast Guard may patrol each safety zone under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM.”

    (4) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.

    (d) Regulations. (1) The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the safety zone established in conjunction with the Fall River Grand Prix, Taunton River, vicinity of Fall River, MA. These regulations may be enforced for the duration of the event.

    (2) No later than 8 a.m. each day of the event, the Coast Guard will announce via Safety Marine Information Broadcasts and local media the times and duration of each race scheduled for that day, and the precise area(s) of the safety zone that will be enforced.

    (3) Vessels may not transit through or within the safety zone during periods of enforcement without Patrol Commander approval. Vessels permitted to transit must operate at a no-wake speed, in a manner which will not endanger participants or other crafts in the event.

    (4) Spectators or other vessels shall not anchor, block, loiter, or impede the movement of event participants or official patrol vessels in the safety zone unless authorized by an official patrol vessel.

    (5) The Patrol Commander may control the movement of all vessels in the safety zone. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.

    (6) The Patrol Commander may delay or terminate the Fall River Grand Prix at any time to ensure safety. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior.

    Dated: July 8, 2015. Richard J. Schultz, Commander, U.S. Coast Guard, Acting Captain of the Port Southeastern New England.
    [FR Doc. 2015-18390 Filed 7-24-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0313; FRL-9931-24-Region 4] Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution Rule AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to approve the State of Alabama's March 27, 2015, State Implementation Plan (SIP) revision, submitted by the Alabama Department of Environmental Management (ADEM). This SIP revision provides Alabama's state-determined allowance allocations for existing electric generating units (EGUs) in the State for the 2016 control periods and replaces the allowance allocations for the 2016 control periods established by EPA under the Cross-State Air Pollution Rule (CSAPR). The CSAPR addresses the “good neighbor” provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind nonattainment and maintenance areas. In this direct final action, EPA is approving Alabama's SIP revision, incorporating the state-determined allocations for the 2016 control periods into the SIP, and amending the regulatory text of the CSAPR Federal Implementation Plan (FIP) to reflect this approval and inclusion of the state-determined allocations. The CSAPR FIPs for Alabama remain in place until such time as the State decides to replace the FIPs with a SIP revision to allocate trading program allowances for control periods 2017 and beyond. EPA is taking direct final action to approve Alabama's SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA's allowance allocations for the 2016 control periods. This action is being taken pursuant to the CAA and its implementing regulations.

    DATES:

    This direct final rule is effective September 25, 2015 without further notice, unless EPA receives adverse comment by August 26, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0313, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (404) 562-9019.

    4. Mail: “EPA-R04-OAR-2015-0313,” Air Regulatory Management Section (formerly Regulatory Development Section), Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.

    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air Regulatory Management Section, Air Planning and Implementation Branch (formerly Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's 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-R04-OAR-2015-0313. 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 through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. 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 not have special characters or any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Twunjala Bradley, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Twunjala Bradley can be reached by phone at (404) 562-9352 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What action is EPA taking?

    EPA is taking direct final action to approve Alabama's March 27, 2015, SIP revision submitted by ADEM that narrowly modifies the allocations of allowances established by EPA under the CSAPR FIPs for existing EGUs for the 2016 control periods.1 The CSAPR allows a subject state, instead of EPA, to allocate allowances under the SO2, NOX annual, and NOX ozone season trading programs to existing EGUs in the State for the 2016 control periods provided that the state meets certain regulatory requirements.2 EPA issued the CSAPR on August 8, 2011, to address CAA section 110(a)(2)(D)(i)(I) requirements concerning the interstate transport of air pollution and to replace the Clean Air Interstate Rule 3 (CAIR), which the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded to EPA for replacement.4 EPA found that emissions of SO2 and NOX in 28 eastern, midwestern, and southern states contribute significantly to nonattainment or interfere with maintenance in one or more downwind states with respect to one or more of three air quality standards—the annual PM2.5 NAAQS promulgated in 1997 5 (15 micrograms per cubic meter (µg/m3), the 24-hour PM2.5 NAAQS promulgated in 2006 6 (35 µg/m3), and the 8-hour ozone NAAQS promulgated in 1997 7 (0.08 parts per million). The CSAPR identified emission reduction responsibilities of upwind states, and also promulgated enforceable FIPs to achieve the required emission reductions in each of these states through cost effective and flexible requirements for power plants.

    1 Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals; August 8, 2011 (76 FR 48208).

    2 The CSAPR is implemented in two Phases (I and II) with Phase I referring to 2015 and 2016 control periods, and Phase II consisting of 2017 and beyond control periods.

    3 Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone Clean Air Interstate Rule; Revisions to Acid Rain Program; Revisions to the NOX SIP Call; May 12, 2005 (70 FR 25162).

    4North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on reh'g by 550 F.3d 1176.

    5 National Ambient Air Quality Standards for Particulate Matter; July 18, 1997 (62 FR 36852).

    6 National Ambient Air Quality Standards for Particulate Matter; October 17, 2006 (71 FR 61144).

    7 National Ambient Air Quality Standards for Ozone; July 18, 1997 (62 FR 38856).

    Alabama is subject to the FIPs that implement the CSAPR and require certain EGUs to participate in the EPA-administered federal SO2, NOX annual, and NOX ozone season cap-and trade programs. Alabama's March 27, 2015, SIP revision allocates state-determined allowances under the CSAPR to existing EGUs in the State for the 2016 control periods only, utilizing the same methodology EPA established to allocate unit-specific allowances under the CSAPR FIPs, but allowing for modifications to specific aspects of the allocation methodology to address the State's and source owners/operators unique implementation situations. Alabama's SIP revision includes state-determined allocations for the CSAPR NOX (annual and ozone season) and SO2 trading programs, and complies with the 2016 allocation SIP requirements set forth at 40 CFR 52.38 and 52.39. Under these regulations, a state may replace EPA's CSAPR allowance allocations for existing EGUs for the 2016 control periods provided that the state submits a SIP revision containing those allocations to EPA no later than April 1, 2015 that meets the requirements in 40 CFR 52.38 and 52.39.

    Through this action, EPA is approving Alabama's March 27, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIP's regulatory text for Alabama at 40 CFR 52.54 and 52.55 to reflect this approval and inclusion of the state-determined allowance allocation for the 2016 control periods. EPA is not making any other changes to the CSAPR FIPs for Alabama in this action. The CSAPR FIPs for Alabama remain in place until such time the State decides to replace the FIPs with a SIP revision to allocate trading program allowances for control periods 2017 and beyond. EPA is taking direct final action to approve Alabama's March 27, 2015, SIP submission because it complies with the CAA and the CSAPR. Below is a summary of the provisions allowing a state to submit SIP revisions to EPA to modify the 2016 allowance allocations. For more detailed information on the CSAPR, refer to the August 8, 2011, preamble and other subsequent related rulemakings referenced throughout this rulemaking.

    II. 2016 CSAPR SIPs

    The CSAPR allows states to make 2016 allowance allocations through submittal of a complete SIP revision that is narrower in scope than an abbreviated or full SIP submission states use to replace the FIPs and/or to make allocation decisions for 2017 and beyond. Pursuant to the CSAPR, a state may adopt and include in a SIP revision for the 2016 control period a list of units and the amount of allowances allocated to each unit on the list, provided the list of units and allocations meets specific requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) and 52.39(d) and (g) for NOX and SO2, respectively. See 40 CFR 52.38 and 52.39. If these requirements are met, the Administrator will approve the allowance allocation provisions replacing the provisions in 40 CFR part 97 for the State. SIP revisions under this expedited process may only allocate each state budget minus the new unit set-aside and the Indian country new unit set-aside. For states subject to multiple trading programs, options are available to submit 2016 state-determined allocations for one or more of the applicable trading programs while leaving unchanged the EPA-determined allocations for 2016 in the remaining applicable trading programs.8

    8 States can also submit SIP revisions to replace EPA-determined, existing unit allocations with state-determined allocations for control periods after 2016 via a separate process described at 40 CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 52.39(e), (f), (h) and (i). See also Preamble of the CSAPR and Interim Final Rule (76 FR 48208 and 79 FR 71663).

    In developing this procedure, EPA set deadlines for submitting the SIP revisions for 2016 allocations and for recordation of the allocations that balanced the need to record allowances sufficiently ahead of the control periods with the desire to allow state flexibility for 2016 control periods. These deadlines allow sufficient time for EPA to review and approve these SIP revisions, taking into account that EPA approval must be final and effective before the 2016 allocations can be recorded and the allowances are available for trading. The CSAPR set an October 17, 2011 deadline for states to notify EPA of their intent to submit these SIP revisions modifying allowance allocations for the second control periods (except with respect to the changes established in the Supplemental Rule) and replace the provisions of the CSAPR FIPs (40 CFR part 97) with regard to the State and the control periods in 2016 with a list of EGUs and the amount of allowances allocated to each. See 40 CFR 52.38 and 52.39.9

    9 Alabama informed EPA of their intention in a letter dated September 16, 2011. For the five states (Iowa, Michigan, Missouri, Oklahoma, and Wisconsin) covered in the Supplemental Rule in the case of ozone season NOX, March 6, 2012, was the date by which notifications of intentions to submit state allocations were due to the Administrator. See 76 FR 80760, 79 FR 71663 and 40 CFR 52.38(b)(3)(v). Note that the March 6, 2012 deadline for such notifications was modified by the December 3, 2014 Interim Final Rule to March 6, 2015. See 79 FR 71671.

    Twelve states, including Alabama, notified EPA by the deadline of their intentions to submit their 2013 allocation SIPs to EPA by April 1, 2012, for the second control periods.10 However, pursuant to EPA's December 3, 2014, Interim Final Rule, the deadline to submit these SIPs was tolled for three years, in effect requiring states, including Alabama, to submit a 2016 state-determined allocation SIP by April 1, 2015, for the CSAPR 2016 control periods.11 Each state may submit a SIP to allocate state-determined allowances for the 2016 control periods provided it meets the following requirements pursuant to 40 CFR 52.38 and 52.39:

    10 The docket for this action contains Alabama's September 16, 2011 letter notifying EPA of its intention to submit a SIP revision.

    11 In the case of ozone season NOX, SIP revisions to address 2016 allocations for the five states covered by the Supplemental Rule are due by October 1, 2015. See 40 CFR 52.38(b)(3)(v)(B).

    • Notify the EPA Administrator by October 17, 2011, of intent to submit state allocations for the 2016 control periods (formerly 2013) in a format specified by the Administrator. See 40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i).

    • Submit to EPA the state-determined allocation list SIP revision modifying allowance allocations for the 2016 control periods no later than April 1, 2015. See 40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii).

    • Provide a 2016 state-determined allocation list only for units within the State that commenced commercial operation before January 1, 2010. See 40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1).

    • Ensure the sum of the state-determined allocations are equal to or are less than the total state budget for 2016 minus the sum of the new unit set-aside and the Indian country new unit set-aside. See 40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2).

    • Submit the 2016 state-determined allowance allocation list as a SIP revision electronically to EPA in the format specified by the Administrator. See 40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3).

    • Confirm that the SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision by EPA and does not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97. See 40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4).

    Additionally, these narrow SIP revisions for the 2016 state-determined allocations are required to comply with SIP completeness elements set forth in 40 CFR part 51, appendix V (i.e., conduct adequate public notice of the submission, provide evidence of legal authority to adopt SIP revisions, and ensure the SIP is submitted to EPA by the State's Governor or his/her designee). If a qualified state (i.e., one of the twelve states that met the October 17, 2011, notification deadline) submits to EPA a 2016 CSAPR SIP by April 1, 2015, meeting all the above-described requirements and EPA approves the SIP submission by October 1, 2015, EPA will record state-determined allocations for 2016 by October 1, 2015, into the Allowance Management System (AMS). Alabama's March 27, 2015, SIP submission addresses the aforementioned requirements allowing a state to allocate 2016 CSAPR allowances for the annual and ozone season NOX and Group 2 SO2 trading programs. EPA's analysis of Alabama's SIP submission is explained below in section III.

    III. What is EPA's analysis of Alabama's SIP submission?

    On March 27, 2015, Alabama submitted a SIP revision intended to replace the CSAPR FIP allocations of Transport Rule (TR) NOX annual, TR NOX Ozone season, and TR SO2 Group 2 allowances for the 2016 control periods. For approval, this SIP revision must meet the specific requirements found in 40 CFR 52.38(a)(1) through (3), (b)(1) through (3), and 52.39(a), (c), and (g) described above. The following is a list of criteria under 40 CFR 52.38 and .39, described in Part II of this document, and the results of EPA's analysis of Alabama's SIP revision:

    A. A complete SIP revision must be submitted to EPA no later than April 1, 2015 (40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), and 52.39(g)(5)(ii)).

    EPA has reviewed the March 27, 2015 submittal from Alabama and found it to be complete. This submittal satisfies the applicable elements of SIP completeness set forth in appendix V to 40 CFR part 51.

    B. Notification from a State to EPA must be received by October 17, 2011, or March 6, 2015, in the case of ozone season NOX SIP revisions for states covered by the December 27, 2011 Supplemental Rule (76 FR 80760), of its intent to submit a complete SIP revision for 2016 existing unit allocations (40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i)).

    On September 16, 2011, Alabama notified EPA via a letter of the State's intent to submit complete SIP revisions for allocating TR NOX Annual, TR NOX Ozone season, and TR SO2 Group 2 allowances to existing units (i.e., units that commenced commercial operation before January 1, 2010). Although the letter indicates that that the State intended to submit the SIP revisions by the April 2, 2012 12 deadline addressing the allocation of TR allowances for the 2013 control periods, these dates have been tolled by three years in the Interim Final Rule (79 FR 71663, December 3, 2014. See footnote 5.). The September 16, 2011 letter submitted by Alabama notifying EPA of the State's intent to submit revised CSAPR SIPs submittal satisfies the requirements of 40 CFR 52.38(a)(3)(A), 52.38(b)(3)(A), and 52.39(g)(5)(i).

    12 The original requirement to submit a complete SIP to EPA was by April 1, 2012 (as per 40 CFR 52.38(a)(3)(v)(B)). However, April 1, 2012 was a Sunday, thus, the notification from the State indicates that the State intended to submit the SIP revisions by April 2, 2012, rather than April 1, 2012.

    C. The SIP revision should include a list of TR NOX Annual, TR NOX Ozone Season, TR SO2 Group 1 or Group 2 units, whichever is applicable, that are in the State and commenced commercial operation before January 1, 2010 (40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)).

    As part of Alabama's SIP revision, the State submitted a list of units to be allocated TR NOX Annual, TR NOX Ozone Season, and TR SO2 Group 2 allowances for the 2016 control periods. The list identifies the same units as were identified in the notice of data availability (NODA) published by EPA on December 3, 2014 (79 FR 71674). Hence, EPA has determined that each unit on the list submitted by Alabama as part of the SIP revision is located in the State of Alabama and had commenced commercial operation before January 1, 2010.

    D. The total amount of TR NOX annual, TR NOX Ozone Season, or TR SO2 Group 1 or Group 2 allowance allocations, whichever is applicable, must not exceed the amount, under 40 CFR 97.410(a), 97.510(a), 97.610(a), 97.710(a), whichever is applicable for the State and the control periods in 2016, of TR NOX Annual, TR NOX Ozone Season, TR SO2 Group 1 or Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside (40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2)).

    The CSAPR established the budgets and new unit set-asides for Alabama for the 2016 control periods as 72,691 tons for TR NOX annual emissions and 1,454 tons for TR NOX Annual new unit set-aside; 31,746 tons for TR NOX ozone season emissions and 635 tons for the TR NOX ozone season new unit set-aside; 216,033 tons for TR SO2 Group 2 emissions and 4,321 for the TR SO2 Group 2 new unit set-aside. Alabama's SIP revision, for approval in this action, does not affect these budgets, which are total amount of allowances available for allocation for the 2016 control periods under the EPA-administered cap-and-trade program under the CSAPR FIPs. In short, the abbreviated SIP revision only affects allocations of allowances under the established budgets.

    The Alabama SIP revision allocating TR NOX annual allowances for the 2016 control period does not exceed the budget under 40 CFR 97.410(a) minus the new unit set-aside (72,691 tons − 1,454 = 71,237).13 The Alabama SIP revision allocates 71,234 TR NOX annual allowances to existing units in the State. EPA will place the 1,457 unallocated allowances from the Alabama CSAPR 2016 budget into the TR NOX annual new unit set-aside for the 2016 control period.

    13 The State of Alabama does not have a budget under 40 CFR 97.410(a) for a NOX Annual Indian Country new unit set-aside for the 2016 control period.

    The Alabama SIP revision allocating TR NOX ozone season allowances for the 2016 control period does not exceed the budget under § 97.510(a) minus the new unit set-aside (31,746 tons − 635 tons = 31,111).14 The Alabama SIP revision allocates 31,107 TR NOX ozone season allowances to existing units in the State. EPA will place the 639 unallocated allowances from the Alabama CSAPR 2016 budget into the TR NOX ozone season new unit set-aside for the 2016 control period.

    14 The State of Alabama does not have a budget under 40 CFR 97.510(a) for a NOX Ozone Season Indian Country new unit set-aside for the 2016 control period.

    The Alabama SIP revision allocating TR SO2 Group 2 allowances for the 2016 control period exceeds, by a very small number of allowances (three) due to rounding, the budget under § 97.710(a) minus the new unit set-aside (216,033 tons − 4,321 tons = 211,712).15 The Alabama SIP revision allocates 211,715 TR SO2 Group 2 allowances to existing units in the State. However, EPA notes that proportionately, three allowances is a tiny fraction of the overall new unit set-aside budget for new Group 2 SO2 units in Alabama (approximately 0.07%). In addition, for 2015, none of the 4,318 Group 2 SO2 allowances available to allocate to new units have been allocated due to a dearth of qualifying new units in Alabama, and it appears highly likely this will be the case again in 2016 (i.e., it is very likely these allowances will not be needed by new units in Alabama in 2016). EPA therefore does not believe the extra three allowances allocated to Alabama's existing CSAPR units in 2016 should weigh negatively in EPA's evaluation of the State's 2016 CSAPR SIP submittal, and will enter 4,318 allowances from the Alabama CSAPR 2016 budget into the TR SO2 Group 2 new unit set-aside for the 2016 control period.16

    15 The State of Alabama does not have a budget under 40 CFR 97.710(a) for a Group 2 SO2 Indian Country new unit set-aside for the 2016 control period.

    16 The quantities of allowances to be allocated through this process may differ slightly from the amounts set forth in 40 CFR 97.410(a), 97.510(a), 97.610(a), and 97.710(a) because of rounding in the spreadsheet of CSAPR FIP allowance allocations to existing units.

    E. The list should be submitted electronically in the format specified by the EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3)).

    On March 27, 2015, EPA received an email submittal from Alabama in the format requested.

    F. The SIP revision should provide a permanent allocation for the units on the list for 2016 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), and 52.39(g)(4)).

    The Alabama SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision and do not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, or DDDDD of 40 CFR part 97.

    For the reasons discussed above, Alabama's SIP submission complies with the 2016 SIP allocation requirements as codified at 40 CFR 52.38 and 52.39 and established in the CSAPR FIPs. Through this action, EPA is approving Alabama's March 27, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIPs' regulatory text for Alabama at 40 CFR 52.54 and 52.55 to reflect this approval and inclusion of the state-determined allowance allocation for the 2016 control periods. EPA is not making any other changes to the CSAPR FIPs for Alabama in this action. EPA is taking final action to approve Alabama's March 27, 2015, SIP revision because it is in accordance with the CAA and its implementing regulations.

    IV. Final Action

    EPA is taking final action to approve Alabama's March 27, 2015, CSAPR SIP revision that provides Alabama's state-determined allowance allocations for existing EGUs in the State for the 2016 control periods to replace the allowance allocations for the 2016 control periods established by EPA under CSAPR. Consistent with the flexibility given to states in the CSAPR FIPs at 40 CFR 52.38 and 52.39, Alabama's SIP revision allocates state-determined allowances to existing EGUs in the State under the CSAPR's NOX annual and ozone season and SO2 Group 2 trading programs. Alabama's SIP revision meets the applicable requirements in 40 CFR 52.38 for NOX annual and NOX ozone season emissions, and 40 CFR 52.39 for Group 2 SO2 emissions. EPA is approving Alabama's SIP revision because it is in accordance with the CAA and its implementing regulations.

    EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective September 25, 2015 without further notice unless the Agency receives adverse comments by August 26, 2015.

    If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 25, 2015 and no further action will be taken on the proposed rule.

    V. 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. See 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 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 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).

    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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

    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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 25, 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 section 307(b)(2).

    List of Subjects in 40 CFR Part 52

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

    Dated: July 15, 2015. Heather McTeer Toney, Regional Administrator, Region 4.

    40 CFR parts 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 B—Alabama 2. Section 52.50(e) is amended by adding an entry for “Cross State Air Pollution Rule—State-Determined Allowance Allocations for the 2016 control periods” at the end of the table to read as follows:
    § 52.50 Identification of plan.

    (e) * * *

    EPA Approved Alabama Non-Regulatory Provisions Name of nonregulatory SIP
  • provision
  • Applicable geographic or nonattainment area State submittal date/effective date EPA approval date Explanation
    *         *         *         *         *         *         * Cross State Air Pollution Rule—State-Determined Allowance Allocations for the 2016 control periods Alabama 3/27/2014 7/27/2015 [Insert Federal Register citation]
    3. Section 52.54 is amended by adding paragraphs (a)(3) and (b)(3) to read as follows:
    § 52.54 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

    (a) * * *

    (3) Pursuant to § 52.38(a), Alabama's state-determined NOX annual allowance allocations established in the March 27, 2015, SIP revision replace the unit level NOX annual allowance provisions of the CSAPR FIP at 40 CFR 97.411(a) for the State for the 2016 control period with a list of NOX annual units that commenced operation prior to January 1, 2010, in the State and the amount of state-determined NOX annual allowances allocated to each unit on such list, for the 2016 control period as approved by EPA on July 27, 2015 [Insert citation of publication].

    (b) * * *

    (3) Pursuant to § 52.38(b), Alabama's state-determined NOX ozone season allocations established in the March 27, 2015, SIP revision replace the unit level NOX ozone season allowance provisions of the CSAPR FIP at 40 CFR 97.511(a) for the State for the 2016 control period with a list of NOX ozone season units that commenced operation prior to January 1, 2010, in the State and the amount of state-determined NOX ozone season allowances allocated to each unit on such list, for the 2016 control period as approved by EPA on July 27, 2015 [Insert citation of publication].

    4. Section 52.55 is amended by adding paragraph (c) to read as follows:
    § 52.55 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

    (c) Pursuant to § 52.39(g), Alabama's state-determined Group 2 SO2 allowance allocations established in the March 27, 2015, SIP revision replace the unit level Group 2 SO2 allowance provisions of the CSAPR FIP at 40 CFR 97.711(a) for the State for the 2016 control period with a list of Group 2 SO2 units that commenced operation prior to January 1, 2010, in the State and the amount of state-determined SO2 allowances allocated to each unit on such list, for the 2016 control period as approved by EPA on July 27, 2015 [Insert citation of publication].

    [FR Doc. 2015-18217 Filed 7-24-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-8391] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

    DATES:

    Effective Dates: The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.

    FOR FURTHER INFORMATION CONTACT:

    If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4133.

    SUPPLEMENTARY INFORMATION:

    The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register.

    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

    National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

    Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.

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

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

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

    Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

    PART 64—[AMENDED] 1. The authority citation for Part 64 continues to read as follows: Authority:

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

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region II New York: Neversink, Town of, Sullivan County 360828 July 7, 1975, Emerg; May 25, 1984, Reg; August 17, 2015, Susp August 17, 2015 August 17, 2015. Region III Maryland: Delmar, Town of, Wicomico County 240186 N/A, Emerg; February 28, 2007, Reg; August 17, 2015, Susp ......do   Do. Fruitland, City of, Wicomico County 240139 March 14, 1977, Emerg; November 15, 1985, Reg; August 17, 2015, Susp ......do   Do. Mardela Springs, Town of, Wicomico County 240079 March 13, 1975, Emerg; September 27, 1985, Reg; August 17, 2015, Susp ......do   Do. Salisbury, City of, Wicomico County 240080 March 20, 1974, Emerg; September 28, 1984, Reg; August 17, 2015, Susp ......do   Do. Sharptown, Town of, Wicomico County 240081 August 15, 1975, Emerg; September 27, 1985, Reg; August 17, 2015, Susp ......do   Do. Wicomico County, Unincorporated Areas 240078 January 21, 1974, Emerg; September 28, 1984, Reg; August 17, 2015, Susp ......do   Do. Willards, Town of, Wicomico County 240082 May 28, 1982, Emerg; May 1, 1985, Reg; August 17, 2015, Susp ......do   Do. Pennsylvania: Aliquippa, City of, Beaver County 420101 April 15, 1974, Emerg; February 1, 1980, Reg; August 17, 2015, Susp ......do   Do. Ambridge, Borough of, Beaver County 420102 January 14, 1975, Emerg; February 1, 1980, Reg; August 17, 2015, Susp ......do   Do. Baden, Borough of, Beaver County 420103 January 14, 1975, Emerg; September 28, 1979, Reg; August 17, 2015, Susp ......do   Do. Beaver, Borough of, Beaver County 420104 July 7, 1975, Emerg; September 5, 1979, Reg; August 17, 2015, Susp ......do   Do. Beaver Falls, City of, Beaver County 420105 December 12, 1974, Emerg; May 17, 1982, Reg; August 17, 2015, Susp ......do   Do. Big Beaver, Borough of, Beaver County 422307 August 7, 1975, Emerg; May 17, 1982, Reg; August 17, 2015, Susp ......do   Do. Bridgewater, Borough of, Beaver County 420106 October 24, 1974, Emerg; May 1, 1980, Reg; August 17, 2015, Susp ......do   Do. Brighton, Township of, Beaver County 422309 April 16, 1975, Emerg; September 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Center, Township of, Beaver County 422310 August 11, 1976, Emerg; June 15, 1981, Reg; August 17, 2015, Susp ......do   Do. Chippewa, Township of, Beaver County 422311 February 18, 1976, Emerg; September 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Conway, Borough of, Beaver County 420107 February 20, 1975, Emerg; November 4, 1988, Reg; August 17, 2015, Susp ......do   Do. Darlington, Borough of, Beaver County 421319 N/A, Emerg; December 20, 2013, Reg; August 17, 2015, Susp ......do   Do. Darlington, Township of, Beaver County 422312 March 11, 1975, Emerg; September 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Daugherty, Township of, Beaver County 422313 February 4, 1976, Emerg; June 1, 1982, Reg; August 17, 2015, Susp ......do   Do. East Rochester, Borough of, Beaver County 420108 August 8, 1978, Emerg; July 16, 1981, Reg; August 17, 2015, Susp ......do   Do. Eastvale, Borough of, Beaver County 422314 March 16, 1982, Emerg; March 16, 1982, Reg; August 17, 2015, Susp ......do   Do. Economy, Borough of, Beaver County 420109 February 28, 1977, Emerg; June 15, 1981, Reg; August 17, 2015, Susp ......do   Do. Fallston, Borough of, Beaver County 420110 June 18, 1974, Emerg; September 2, 1981, Reg; August 17, 2015, Susp ......do   Do. Franklin, Township of, Beaver County 421065 January 15, 1975, Emerg; March 16, 1989, Reg; August 17, 2015, Susp ......do   Do. Freedom, Borough of, Beaver County 420111 May 12, 1975, Emerg; February 1, 1980, Reg; August 17, 2015, Susp ......do   Do. Georgetown, Borough of, Beaver County 422316 April 22, 1976, Emerg; February 24, 1978, Reg; August 17, 2015, Susp ......do   Do. Glasgow, Borough of, Beaver County 420112 March 9, 1977, Emerg; August 4, 1988, Reg; August 17, 2015, Susp ......do   Do. Greene, Township of, Beaver County 422317 March 9, 1976, Emerg; September 10, 1984, Reg; August 17, 2015, Susp ......do   Do. Hanover, Township of, Beaver County 421223 April 26, 1982, Emerg; September 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Harmony, Township of, Beaver County 421038 February 6, 1974, Emerg; January 3, 1979, Reg; August 17, 2015, Susp ......do   Do. Homewood, Borough of, Beaver County 422318 September 12, 1978, Emerg; January 30, 1984, Reg; August 17, 2015, Susp ......do   Do. Hookstown, Borough of, Beaver County 422319 May 29, 1981, Emerg; May 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Hopewell, Township of, Beaver County 421321 July 29, 1974, Emerg; November 4, 1981, Reg; August 17, 2015, Susp ......do   Do. Independence, Township of, Beaver County 421323 February 16, 1977, Emerg; September 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Industry, Borough of, Beaver County 420113 February 18, 1975, Emerg; September 5, 1979, Reg; August 17, 2015, Susp ......do   Do. Marion, Township of, Beaver County 422249 August 6, 1974, Emerg; March 2, 1989, Reg; August 17, 2015, Susp ......do   Do. Midland, Borough of, Beaver County 422321 February 18, 1976, Emerg; October 18, 1988, Reg; August 17, 2015, Susp ......do   Do. Monaca, Borough of, Beaver County 420114 July 2, 1974, Emerg; December 4, 1979, Reg; August 17, 2015, Susp ......do   Do. New Brighton, Borough of, Beaver County 420115 April 17, 1975, Emerg; August 15, 1983, Reg; August 17, 2015, Susp ......do   Do. New Galilee, Borough of, Beaver County 422322 March 1, 1977, Emerg; September 24, 1984, Reg; August 17, 2015, Susp ......do   Do. New Sewickley, Township of, Beaver County 422323 December 2, 1975, Emerg; March 2, 1989, Reg; August 17, 2015, Susp ......do   Do. Ohioville, Borough of, Beaver County 422324 August 7, 1975, Emerg; September 24, 1984, Reg; August 17, 2015, Susp ......do   Do. Patterson, Township of, Beaver County 422326 November 28, 1975, Emerg; December 1, 1987, Reg; August 17, 2015, Susp ......do   Do. Patterson Heights, Borough of, Beaver County 422325 August 29, 1978, Emerg; April 15, 1981, Reg; August 17, 2015, Susp ......do   Do. Potter, Township of, Beaver County 422327 March 17, 1977, Emerg; December 2, 1988, Reg; August 17, 2015, Susp ......do   Do. Pulaski, Township of, Beaver County 422328 December 31, 1975, Emerg; June 1, 1982, Reg; August 17, 2015, Susp ......do   Do. Raccoon, Township of, Beaver County 421220 February 18, 1976, Emerg; October 1, 1986, Reg; August 17, 2015, Susp ......do   Do. Rochester, Borough of, Beaver County 420116 February 12, 1975, Emerg; February 1, 1980, Reg; August 17, 2015, Susp ......do   Do. Rochester, Township of, Beaver County 421322 March 11, 1975, Emerg; June 15, 1981, Reg; August 17, 2015, Susp ......do   Do. Shippingport, Borough of, Beaver County 420117 March 8, 1977, Emerg; August 19, 1991, Reg; August 17, 2015, Susp ......do   Do. South Beaver, Township of, Beaver County 422329 December 11, 1975, Emerg; September 1, 1986, Reg; August 17, 2015, Susp ......do   Do. South Heights, Borough of, Beaver County 422330 May 13, 1977, Emerg; August 15, 1983, Reg; August 17, 2015, Susp ......do   Do. Vanport, Township of, Beaver County 421320 July 2, 1974, Emerg; February 1, 1980, Reg; August 17, 2015, Susp ......do   Do. West Mayfield, Borough of, Beaver County 422331 December 23, 1974, Emerg; April 15, 1981, Reg; August 17, 2015, Susp ......do   Do. Region V Indiana: Cannelton, City of, Perry County 180196 March 24, 1975, Emerg; July 18, 1983, Reg; August 17, 2015, Susp ......do   Do. Perry County, Unincorporated Areas 180195 April 11, 1975, Emerg; November 1, 1995, Reg; August 17, 2015, Susp ......do   Do. Tell City, City of, Perry County 180197 September 24, 1971, Emerg; March 1, 1977, Reg; August 17, 2015, Susp ......do   Do. Troy, Town of, Perry County 180198 December 30, 1976, Emerg; July 5, 1983, Reg; August 17, 2015, Susp ......do   Do. Region VII Nebraska: Diller, Village of, Jefferson County 310269 June 4, 2012, Emerg; N/A, Reg; August 17, 2015, Susp ......do   Do. Fairbury, City of, Jefferson County 310120 August 28, 1974, Emerg; September 3, 1980, Reg; August 17, 2015, Susp ......do   Do. Jefferson County, Unincorporated Areas 310447 July 17, 1984, Emerg; June 1, 1988, Reg; August 17, 2015, Susp ......do   Do. Steele City, Village of, Jefferson County 310121 June 4, 1975, Emerg; June 1, 1987, Reg; August 17, 2015, Susp ......do   Do. Region IX Arizona: Show Low, City of, Navajo County 040069 September 15, 1975, Emerg; February 3, 1982, Reg; August 17, 2015, Susp. ......do   Do. *......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: July 2, 2015. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2015-18272 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    80 143 Monday, July 27, 2015 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-2014-BT-STD-0059] Energy Conservation Program: Energy Conservation Standards for Room Air Conditioners; Request for Information AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Extension of public comment period.

    SUMMARY:

    On June 18, 2015, the U.S. Department of Energy (DOE) published in the Federal Register a Request for Information (RFI) regarding energy conservation standards for room air conditioners (room ACs). The RFI provided for the submission of written comments by August 3, 2015. This notice announces an extension of the public comment period for submitting comments in response to the RFI or any other aspect of the rulemaking for room ACs. The comment period is extended to September 2, 2015.

    DATES:

    The comment period for the Request for Information published in the Federal Register on June 18, 2015 (80 FR 34843), is extended. DOE will accept comments, data, and information regarding this rulemaking received no later than September 2, 2015.

    ADDRESSES:

    Interested persons may submit comments, identified by docket number EERE-2014-BT-STD-0059, by any of the following methods:

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

    Email: [email protected] Include the docket number EERE-2014-BT-STD-0059 in the subject line of the message.

    Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-5B, Request for Information for Energy Conservation Standards for Room Air Conditioners, Docket No. EERE-2014-BT-STD-0059, 1000 Independence Avenue SW., Washington, DC 20585-0121. Please submit one signed paper original.

    Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone (202) 586-2945. Please submit one signed paper original.

    Instructions: All submissions received must include the agency name and docket number for this rulemaking. No telefacsimiles (faxes) will be accepted.

    Docket: The docket is available for review at www.regulations.gov, including Federal Register notices, comments, and other supporting documents/materials. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.

    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0059. This Web page contains a link to the docket for this notice on the regulation.gov site. The www.regulations.gov Web page contains instructions on how to access all documents in the docket, including public comments.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 202-586-0371. Email: [email protected]

    Ms. Sarah Butler, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-1777. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On June 18, 2015, DOE published in the Federal Register a request for information regarding energy conservation standards for room ACs to solicit information from the public to help DOE determine whether amended standards for room ACs would result in a significant amount of additional energy savings and whether those standards would be technologically feasible and economically justified. In addition, DOE identified several issues associated with the currently applicable test procedure for room ACs on which DOE is particularly interested in receiving comment. 80 FR 34843. The notice provided for the written submission of comments by August 3, 2015. The Association of Home Appliance Manufacturers (AHAM) has requested a 30 day extension of the comment period to allow additional time for the preparation of their comments. Major interested parties for this rulemaking include major room AC manufacturers, manufacturer association, energy utilities, state agencies, international organizations, and energy and environmental advocacy groups. AHAM represents the major room AC manufacturers. AHAM has requested this extension because the comments for the proposed standards rulemaking for residential dehumidifiers are also due on August 3, 2015 and comments for proposed oven standards rulemaking are due on August 10, 2015, thus making it difficult to give these rulemakings the attention necessary to provide DOE with meaningful and thoroughly considered comments.

    DOE has determined that an extension of the public comment period is appropriate based on the foregoing reason. DOE will consider any comments received by midnight of September 2, 2015, and deems any comments received by that time to be timely submitted.

    Issued in Washington, DC, on July 17, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2015-18329 Filed 7-24-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. FDA-2012-N-1210] RIN 0910-AF22 Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Reopening of the Comment Period as to Specific Documents AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Proposed rule; reopening of comment period as to specific documents.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is reopening, as to specific documents, the comment period regarding our proposed rule to revise the Nutrition Facts and Supplement Facts labels. We are reopening the comment period for 60 days for the sole purpose of inviting public comments on two consumer studies being added to the administrative record. The consumer studies pertained to proposed changes to the Nutrition Facts label formats.

    DATES:

    The comment period for the proposed rule published March 3, 2014 (79 FR 11879), is reopened for the limited purpose described in this document. Submit either electronic or written comments by September 25, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Electronic Submissions

    Submit electronic comments in the following way:

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

    Written Submissions

    Submit written submissions in the following ways:

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

    Instructions: All submissions received must include the Docket No. (FDA-2012-N-1210) for this rulemaking. All comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the “Comments” heading of the SUPPLEMENTARY INFORMATION section of this document.

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

    FOR FURTHER INFORMATION CONTACT:

    Philip L. Chao, Center for Food Safety and Applied Nutrition (HFS-24), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2112.

    SUPPLEMENTARY INFORMATION: I. Background

    In the Federal Register of March 3, 2014 (79 FR 11879), we published a proposed rule to amend our labeling regulations for conventional foods and dietary supplements to provide updated nutrition information on the label to assist consumers in maintaining healthy dietary practices. The proposed rule would update the list of nutrients that are required or permitted to be declared; provide updated Daily Reference Values and Reference Daily Intake values that are based on current dietary recommendations from consensus reports; amend requirements for foods represented or purported to be specifically for children under the age of 4 years and pregnant and lactating women and establish nutrient reference values specifically for these population subgroups; and revise the format and appearance of the Nutrition Facts label. In the preamble to the proposed rule (79 FR 11879 at 11905, 11947 to 11948, 11952), we indicated that we intended to conduct consumer studies related to proposed changes to the format of the Nutrition Facts label and that we might use the results of the studies to help inform our future actions on certain label-related issues. We also indicated that we would publish the results of the studies when they became available (79 FR 11879 at 11952), and we invited comment on the use of an alternative format design and other format-related issues (79 FR 11879 at 11961).

    We recently completed two consumer studies and, as a result, are adding two documents pertaining to those studies to the administrative record and providing an opportunity for public comment. We believe that a public comment period of 60 days is adequate in this case because we are specifically limiting the reopened comment period to comments on the two consumer studies. Comments are invited, and will be considered, only to the extent that they are focused on the two consumer studies being added to the record. These two consumer studies (Refs. 1 and 2) being added to the record are as follows:

    1. FDA, Eye-Tracking Experimental Study on Consumer Responses to Modifications to the Nutrition Facts Label Outlined in the Food and Drug Administration's Proposed Rulemaking, June 2015. This was a study in which 160 participants participated in a computer-based research of the potential effects of several possible changes to the label on consumer viewing and use of the label. 2. FDA, Experimental Study of Proposed Changes to the Nutrition Facts Label Formats, June 2015. This was a Web-based experiment, involving more than 5,000 participants, designed to explore whether modifications to the format of the Nutrition Facts label would affect consumers' interpretation of information on the Nutrition Facts label. After reviewing the comments on the proposed rule, we have tentatively concluded that we do not intend to further consider the alternative format for the Nutrition Facts label. A review of the results of the consumer research made available in this document has not provided information to change our planned approach. Therefore, interested persons who intend to submit comments may wish to focus on the study results relevant to the current and proposed formats. II. Comments

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

    III. References

    The following references have been placed on display in the Division of Dockets Management (see ADDRESSES) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday, and are available electronically at http://www.regulations.gov.

    1. FDA, Eye-Tracking Experimental Study on Consumer Responses to Modifications to the Nutrition Facts Label Outlined in the Food and Drug Administration's Proposed Rulemaking, June 2015. 2. FDA, Experimental Study of Proposed Changes to the Nutrition Facts Label Formats, June 2015. Dated: July 17, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-17929 Filed 7-24-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. FDA-2012-N-1210] Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Supplemental Proposed Rule To Solicit Comment on Limited Additional Provisions AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Proposed rule; supplemental notice of proposed rulemaking.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is revising certain provisions of the proposed rule, issued in March 2014, that would amend FDA's labeling regulations for conventional foods and dietary supplements to provide updated nutrition information on the Nutrition Facts and Supplement Facts labels to assist consumers in maintaining healthy dietary practices (“the NFL/SFL proposed rule”). We are proposing text for the footnotes to be used on the Nutrition Facts label. We are taking this action after completing our consumer research in which we tested various footnote text options for the label. We are also proposing to establish a Daily Reference Value (DRV) of 10 percent of total energy intake from added sugars, proposing to require the declaration of the percent Daily Value (DV) for added sugars on the label, and are providing additional rationale for the declaration of added sugars on the label. We are taking these actions based, in part, on the science underlying a new report released by the 2015 Dietary Guidelines Advisory Committee.

    DATES:

    Submit either electronic or written comments on the supplemental notice of proposed rulemaking by October 13, 2015. Submit comments on information collection issues under the Paperwork Reduction Act of 1995 by August 26, 2015, (see the “Paperwork Reduction Act of 1995” section of this document).

    ADDRESSES:

    You may submit comments by any of the following methods, except that comments on information collection issues under the Paperwork Reduction Act of 1995 (the PRA) must be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) (see the “Paperwork Reduction Act of 1995” section of this document).

    Electronic Submissions

    Submit electronic comments in the following way:

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

    Written Submissions

    Submit written submissions in the following ways:

    Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5360 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Instructions: All submissions received must include the Docket No. FDA-2012-N-1210 for this rulemaking. All comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the “How to Submit Comments” heading of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5600 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    With regard to the supplemental notice of proposed rulemaking: Blakeley Fitzpatrick, Center for Food Safety and Applied Nutrition (HFS-830), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-5429, email: [email protected] With regard to the information collection: FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, email: [email protected]

    SUPPLEMENTARY INFORMATION: Executive Summary Purpose of the Regulatory Action

    FDA is revising certain provisions of the proposed rule that published in the Federal Register on March 3, 2014 (79 FR 11879), that would amend FDA's labeling regulations for conventional foods and dietary supplements to provide updated nutrition information on the NFL/SFL proposed rule.

    In the NFL/SFL proposed rule, we proposed to remove the requirement for the footnote listing the reference values for certain nutrients for 2,000 and 2,500 calorie diets and reserved space to provide a proposed footnote. We stated in the preamble of the NFL/SFL proposed rule that we would continue to perform research during this rulemaking process to evaluate how variations in label format may affect consumer understanding and use of the Nutrition Facts label. We also stated that we would publish the results of our research for public review and comment. We are making results of our research available in this document. We are also proposing text for the footnotes to be used on the Nutrition Facts label. We are taking this action after completing our consumer research in which we tested various footnote text options for the label. We are also providing an exemption from the footnote requirement for certain foods.

    In addition, the NFL/SFL proposed rule would require the declaration of added sugars as an indented line item underneath the declaration of “Sugars” on the Nutrition Facts label. We discussed in the NFL/SFL proposed rule that we were considering whether to use the term “Total Sugars” instead of “Sugars” on the label if we finalize a declaration of added sugars.

    We stated in the NFL/SFL proposed rule that we were planning to conduct a consumer study that would include, among other things, questions regarding the declaration of added sugars on the Nutrition Facts label in order to help enhance our understanding of how consumers would comprehend and use this new information. We also stated that we would publish the results of the study when they become available.

    As we prepared to make the consumer study results for the footnote and added sugars declaration available, new information emerged from the “Scientific Report of the 2015 Dietary Guidelines Advisory Committee” (the 2015 DGAC report) regarding added sugars. The new information on added sugars led us to reconsider our thinking for not establishing a DRV or requiring the declaration of a percent DV for added sugars on the Nutrition Facts and Supplement Facts labels. Specifically, the 2015 DGAC report provided evidence suggesting a strong association between a dietary pattern of intake characterized, in part, by a reduced intake of added sugars and a reduced risk of cardiovascular disease. The evidence also suggested an applicable reference amount for added sugars, i.e., limiting added sugars intake to no more than 10 percent of total daily caloric intake. As a result of our review of the science underlying the 2015 DGAC report, we are proposing to establish a DRV for added sugars and to require the percent DV declaration of added sugars on the Nutrition Facts and Supplement Facts labels. We are not proposing to establish a DRV for total sugars or to require the mandatory declaration of a percent DV for total sugars because there is no quantitative intake level or other reference amount for which there is sufficient scientific evidence upon which we can base a DRV for total sugars. We are proposing to establish a DRV for added sugars because science underlying the 2015 DGAC report provided a scientific basis for a reference amount for added sugars upon which we can propose a DRV (a recommended maximum of 10 percent of total energy intake). We also received many comments suggesting that, if added sugars are declared on the label, a percent DV declaration would assist consumers in putting the amount of added sugars in a serving of a product into the context of their total daily diet.

    A summary of the results of FDA's consumer research on footnote text options and on the added sugars declaration is available in section I.C., and a detailed description of the results is available in the docket.

    Summary of the Major Provisions of the Regulatory Action in Question

    We are proposing to establish a DRV for added sugars of 50 grams (g) for children 4 years of age and older and adults, and of 25 g for children 1 through 3 years of age. We are also proposing to require the declaration of the percent DV for added sugars on Nutrition and Supplement Facts labels, and have proposed revisions to the NFL/SFL proposed rule codified to reflect these changes. These proposed revisions are outlined in section III. We are also proposing footnote text for the space reserved in § 101.9(d)(9) (21 CFR 101.9(d)(9)) of the NFL/SFL proposed rule. The footnote text would explain that the % Daily Value tells you how much a nutrient in a serving of food contributes to a daily diet and that 2,000 calories a day is used for general nutrition advice. The language in this footnote is similar to the wording of one of the options tested in our study (as described in section I.C.), except that the sentences have been reversed. We believe this footnote explains the %DV in the most concise manner by providing a brief description of “% Daily Value,” which is lacking in the current footnote. While the consumer research study did not suggest strong support for a particular footnote, the language in this footnote was perceived by study participants to be more useful than the current footnote. We consider that switching the order of the sentences is important because it allows the first sentence to clearly follow the asterisk in the “%DV” column heading that leads to the footnote. When consumers look down to the footnote to see what additional information is linked to the asterisk that they see after the “%DV” column heading, they may expect to find the sentence that explains percent daily value first, rather than a sentence about calories. This supplemental notice of proposed rulemaking would also allow the footnote proposed in § 101.9(d) to be omitted from products that qualify for a simplified format (§ 101.9(f)), and on small or intermediate packages (§ 101.9(j)(13)(ii)(A)(1); § 101.9(j)(13)(ii)(A)(2)), provided that the following abbreviated statement is used: “%DV = % Daily Value.”

    The proposed statement is shorter than the current statement to allow for more space on the label. In addition, we realize that the standard format in the NFL/SFL proposed rule for the Nutrition Facts label had a placeholder for the footnote and did not explain the “%DV.” It is important for consumers to know what “%DV” on the label means. Consequently, we are proposing a statement that spells out “%DV” for products that qualify for a simplified format and on small or intermediate packages.

    This supplemental notice of proposed rulemaking also proposes an exemption to the proposed footnote requirement in section § 101.9(d)(9) for the foods that can use the terms “calorie free,” “free of calories,” “no calories,” “zero calories,” “without calories,” “trivial source of calories,” “negligible source of calories,” or “dietary insignificant source of calories” on the label or in the labeling of foods as defined in 21 CFR 101.60(b). Such products would have little to no impact on the average daily 2,000 calorie intake, which the footnote addresses. Exempting the footnote for these packages is a practical solution that would assure adequate space is still available for the required nutrient declarations.

    We are inviting comment only with respect to the following issues discussed in greater detail later in this document: (1) New information from the 2015 DGAC report and the science upon which that report is based regarding added sugars; (2) the proposal to establish a DRV for added sugars and to require the declaration of the percent DV for added sugars on the Nutrition and Supplement Facts labels; (3) using the term “Total Sugars” instead of “Sugars” on the label (4) the proposed text for the footnotes to be used on the Nutrition Facts label; (5) exemptions from the proposed footnote requirement; (6) whether we should make changes to the footnote used on the Supplement Facts label; and (7) whether there should be a footnote on labels of food represented for infants 7 through 12 months of age or children 1 through 3 years of age, and, if so, what that footnote should say. We will not consider comments outside the scope of these issues.

    Costs and Benefits

    In the NFL/SFL proposed rule we stated that we have developed one comprehensive Preliminary Regulatory Impact Analysis (PRIA) that presents the benefits and costs of this proposed rule as well as the proposed rule entitled “Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments” (the original PRIA). As stated earlier, we are proposing revisions to the NFL/SFL proposed rule. We are proposing footnote text and an exemption to that text for certain foods, and we are proposing that manufacturers declare the percent DV for added sugars on the Nutrition Facts and Supplement Facts labels. We estimate that just the changes specified in this supplemental notice of proposed rulemaking, if finalized, will generate annualized costs of $10 million (at 7 percent discount rate) and $8 million (at 3 percent discount rate), annualized benefits of $200 million (at 7 percent) and $300 million (at 3 percent), and annualized net benefits of $190 million (at 7 percent) and $292 million (at 3 percent) on top of those estimated in the previous proposed rules. In total, we estimate that these rules, including the changes outlined in this proposal, if finalized, will generate annualized costs of $200 million (at both 3 and 7 percent), annualized benefits of $2.1 billion (at 7 percent) and $2.3 billion (at 3 percent), and annualized net benefits of $1.9 billion (at 7 percent) and $2.1 billion (at 3 percent). This represents an annual increase in net benefits from the original PRIA's estimates of approximately $200 million per year.

    We summarize the annualized costs and benefits (over a 20-year period discounted at both 3 percent and 7 percent) of the previous and revised proposed rules in the following table.

    Summary of Annualized Costs and Benefits Over 20 Years of Previous and Revised Proposed Rules [In billions of 2011 dollars] Benefits Costs Net benefits Previous Proposed Rules: Annualized @3% $2.0 $0.2 $1.8 Annualized @7% 1.9 0.2 1.7 Revised Proposed Rules: Annualized @3% 2.3 0.2 2.1 Annualized @7% 2.1 0.2 1.9 Notes: Compliance period is 24 months. Analysis assumes that the proposed rules will be enacted together. Costs include relabeling and reformulation costs, which are one-time costs, as well as recordkeeping costs, which recur. Recordkeeping costs, because of their recurring nature, differ by discount rate; however, such costs comprise a very small percentage of total costs. I. Background A. NFL/SFL Proposed Rule

    In the Federal Register of March 3, 2014 (79 FR 11879), we published a proposed rule entitled “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (the “NFL/SFL proposed rule”). The NFL/SFL proposed rule would amend our labeling regulations for conventional foods and dietary supplements to provide updated nutrition information on the label to assist consumers in maintaining healthy dietary practices. In the NFL/SFL proposed rule, we proposed to: (1) Update the list of nutrients that are required or permitted to be declared; (2) provide updated DRVs and Reference Daily Intake values that are based on current dietary recommendations from U.S. consensus reports; (3) amend requirements for foods represented or purported to be specifically for children under the age of 4 years and pregnant and lactating women and establish nutrient reference values specifically for these population subgroups; and (4) revise the format and appearance of the Nutrition Facts label.

    In the NFL/SFL proposed rule, we proposed to remove the requirement for the footnote listing the reference values for certain nutrients for 2,000 and 2,500 calorie diets and reserved space to provide a proposed footnote (proposed § 101.9(d)(9)). We stated in the preamble of the NFL/SFL proposed rule that we would continue to perform research during this rulemaking process to evaluate how variations in label format may affect consumer understanding and use of the Nutrition Facts label. We also stated that we would publish the results of our research for public review and comment (79 FR 11879 at 11882). See section I.C. for a summary of the consumer study results.

    In addition, the NFL/SFL proposed rule would require the declaration of added sugars as an indented line item underneath the declaration of “Sugars” on the Nutrition Facts label (proposed § 101.9(c)(6)(iii)). Such a declaration would only be required for the Supplement Facts label if added sugars are present in quantitative amounts that exceed the amount that can be declared as zero in § 101.9(c) (see proposed § 101.36(b)(2)(i)). Given our proposal to require the declaration of added sugars, we also considered establishing a DRV for added sugars. However, based on our review of scientific evidence and recommendations of U.S. consensus reports, we tentatively concluded in the NFL/SFL proposed rule that there was no sound scientific basis for the establishment of a quantitative intake recommendation upon which a DRV could be derived for total sugars (79 FR 11879 at 11902) and added sugars (79 FR 11879 at 11906). Therefore, we did not propose a DRV for added sugars. Accordingly, we proposed to require the declaration of added sugars on the Nutrition Facts label only in absolute amounts (in grams), similar to the declaration of total sugars.

    We stated in the NFL/SFL proposed rule that we were planning to conduct a consumer study that would include, among other things, questions regarding the declaration of added sugars on the Nutrition Facts label to help enhance our understanding of how consumers would comprehend and use this new information. We stated that we would publish the results of the study when they became available. We also stated that we were interested in receiving, as part of any comment, other available research data and other factual information relevant to these issues, including the proposed double indented placement of added sugars below total sugars (79 FR 11879 at 11952). See section I.C. for a summary of the consumer study results.

    B. Public Outreach

    We requested comments on the NFL/SFL proposed rule by June 2, 2014, and comments on information collection issues under the PRA by April 2, 2014 (79 FR 11879). In the Federal Register of May 27, 2014 (79 FR 30055), we extended the comment period until August 1, 2014. In the Federal Register of May 29, 2014 (79 FR 30763), we announced our intent to hold a public meeting to discuss the NFL/SFL proposed rule and a proposed rule on serving sizes. The purpose of the public meeting was to inform the public of the provisions of the proposed rules, to invite oral stakeholder and public comments on the proposed rules, and to respond to questions about the proposed rules.

    Nearly 300,000 comments were submitted to the docket on the NFL/SFL proposed rule. We continue to review these comments as part of our development of the NFL/SFL final rule. However, for the reasons discussed in section II., we are issuing revisions to certain provisions in the NFL/SFL proposed rule and requesting comment on the revisions.

    C. Experimental Study on Consumer Responses to Nutrition Facts Labels With Various Footnote Formats and Declaration of Amount of Added Sugars

    We conducted research to examine how a declaration of added sugars and alternative footnote statements may influence consumer use of the Nutrition Facts label in the absence of any consumer education. The study was a controlled, randomized, Web-based experiment completed in 2014. Although the research involved a single data collection effort, this data collection was composed of two separate experiments; one designed to address the effects of added sugars declarations and the other designed to address the effects of modified footnotes. At the time the research was designed, we were not aware of any previous studies of consumer responses to added sugars information. This research was undertaken to help inform consumer education if added sugars were declared on the Nutrition Facts label. The research design did not include a percent DV for added sugars on the food label or the ingredient listing that will appear on packages, so we do not have data on how those pieces of information would affect consumer responses to an added sugars declaration. The study achieved its intended objectives of providing an initial understanding of potential consumer reactions to added sugars declarations and modified footnote information on Nutrition Facts labels. This information will help inform our future educational efforts related to food labeling. As with other new information, we would expect consumer understanding of an added sugars declaration, if finalized, to improve as the public's exposure to added sugars information increases and educational activities to explain the concept and how to use the new information on the Nutrition Facts label are undertaken.

    1. Added Sugars Experiment

    In the added sugars experiment, participants viewed Nutrition Facts label images displayed in one of three possible Nutrition Facts formats (see Ref. 1 for label formats):

    • The “Added Sugars” Format, where an added sugars declaration was indented below a “Sugars” declaration;

    • The “Total Sugars + Added Sugars” Format, where an added sugars declaration was indented below a “Total Sugars” declaration; and

    • The Control Format, where participants viewed the current Nutrition Facts label throughout the study.

    While viewing these label images, participants were asked a series of questions on their ability to accurately recognize and compare nutrients on the Nutrition Facts label, and their judgments about the foods' overall healthfulness and relative nutrient levels. Participants responded to these questions in the context of a one-product judgment task and a two-product comparison task. Participants were not given the proposed definition of added sugars or provided with the ingredients lists for the products tested, which could have affected their understanding.

    The study found that when both total and added sugars declarations appeared on the label, the majority correctly reported the added sugars amount and accurately identified which products had less added sugars. The “Total Sugars + Added Sugars” format appeared to help participants better comprehend the total amount of sugars in a food than the “Added Sugars” format. The effect of the added sugars declarations on product judgments varied depending on the food category and the level of added sugars in the product. When declared, higher amounts of added sugars tended to produce more negative judgments about the product's healthfulness. Although the majority of the respondents correctly identified the total amount of sugars in a serving of food with each label presented that included an added sugars declaration, the added sugars experiment results show that a number of participants were confused about the distinction between sugars and added sugars, regardless of whether added sugars declarations appeared on the Nutrition Facts label. When participants were viewing Nutrition Facts labels without added sugars declarations, they could not accurately determine the amount of added sugars in the products, with the majority reporting that the total sugars amount was the amount of added sugars. Moreover, many participants who viewed Nutrition Facts labels without added sugars declarations assumed that the more nutritious products in the study had less added sugars.

    A full description of the Added Sugars Experiment is in the Docket (Ref. 1).

    2. Footnote Experiment

    The footnote experiment compared consumer reactions to seven footnote formats, which included five modified footnotes, in addition to the current footnote and no footnote at all, for explaining percent DVs and how to use them. Results indicated that none of the modified footnotes significantly affected product perceptions or judgments of nutrient levels; all five footnote options produced similar perceptions and judgments relative to the current footnote and a no-footnote control. Nevertheless, all five modified footnotes were rated as easier to understand than the current footnote. Footnote 1 was perceived to be more believable than the current footnote. Footnote 1 stated the following: “2,000 calories a day is used for general nutrition advice. *The % Daily Value tells you how much a nutrient in a serving of food contributes to a daily diet.” We are proposing footnote text from Footnote 1 in this supplemental notice of proposed rulemaking. See section III.B. A full description of the Footnote Experiment is in the Docket (Ref. 2).

    II. Decision To Issue Supplemental Notice of Proposed Rulemaking Regarding Limited Additional Provisions

    As we prepared to make the consumer study results discussed in section I.C. available, new information emerged from the 2015 DGAC report (Ref. 3) regarding added sugars. The DGAC reviews the scientific evidence on specific topics and provides their assessment of the scientific evidence and recommendations. The new information on added sugars led us to reconsider our thinking for not establishing a DRV or requiring the declaration of a percent DV for added sugars on the Nutrition Facts and Supplement Facts labels. The 2015 DGAC report also included new important information and analysis related to requiring the declaration of added sugars on the Nutrition Facts label, which we had proposed in the NFL/SFL proposed rule, specifically evidence related to dietary patterns and risk of disease.

    We have considered the evidence that the DGAC relied upon and have tentatively concluded that the new evidence provided in the 2015 DGAC report related to dietary patterns of intake that are associated with a reduced risk of chronic disease (specifically cardiovascular disease (CVD)) as well as the evidence provided in the report related to excess intake of added sugars in the U.S. supports our proposal to require the mandatory declaration of added sugars on the Nutrition and Supplement Facts labels. The DGAC report also provides evidence to support a reference amount for added sugars upon which we can establish a DRV for use in calculating a percent DV on the label. The percent DV is included to assist consumers in understanding the relative significance of the amount of added sugars in a serving of a product in the context of a total daily diet.

    The 2015 DGAC report does not contain federal government recommendations. The independent advisory committee's views will be taken into consideration by the Federal government as the dietary guidelines are updated. In this supplemental notice of proposed rulemaking, we have considered the scientific evidence underpinning the recommendations provided in the advisory committee's report. As a result of our review of the 2015 DGAC report and the evidence that the DGAC relied upon, we are proposing to establish a DRV and to require the percent DV declaration for added sugars on the Nutrition Facts and Supplement Facts labels.

    We are also proposing text for the footnotes to be used on the Nutrition Facts label. We are not proposing any revisions to the footnote text used on the Supplement Facts label. As discussed in the NFL/SFL proposed rule, the current footnote statement required for the Supplement Facts label differs from that which is currently required on the Nutrition Facts label. We stated that based on the results of the consumer study, we will consider whether it is necessary to make corresponding changes to the footnote used on the Supplement Facts label when certain macronutrients are declared. We invited comment on whether we should consider changes to the footnote statement on the Supplement Facts label to be consistent with any changes to the footnote statement in the Nutrition Facts label (79 11879 at 11948). We also noted that “[a] comment to the 2007 ANPRM requested that we permit the use of a footnote statement about not limiting fat intake on foods represented or purported to be specifically for infants and children less than 2 years to enable consumers to make informed choices, should the Agency decide to propose the mandatory declaration of saturated fat for infants and children less than 2 years. The comment noted that saturated fat should not be limited in the diets of children less than 2 years of age. The comment provided no consumer data about such a footnote statement. At this time, we are not proposing to require a footnote stating that total fat and other types of fat should not be limited in infants and children less than 2 years in response to this comment. However, we request comments and information on how consumers would understand and use the amount of saturated fat and cholesterol declared on the Nutrition Facts label, as well as on the need for an explanatory footnote to accompany the declaration of saturated fat and cholesterol, on food represented or purported to specifically for infants 7 through 12 months or children 1 through 3 years” (79 FR 11879 at 11934-11935). We did not receive many comments on these issues in response to the proposed rule. We are inviting comment on whether we should consider requiring, instead of the current footnote for the Supplement Facts label that links the percent DV with a 2,000 calorie level, part of the Nutrition Facts label footnote text we are proposing for the Nutrition Facts label that states “2,000 calories a day is used for general nutrition advice.” We are also inviting further comment on whether we should consider a footnote for foods, other than infant formula, represented or purported to be specifically for infants 7 through 12 months or children 1 through 3 years of age in the NFL/SFL proposed rule, and if so, what the footnote should say.

    This supplemental notice of proposed rulemaking provides the public with the opportunity to provide comment on our tentative conclusions with respect to the footnote, the DRV, the percent DV declaration for added sugars, and the new information from the 2015 DGAC report for the added sugars declaration. As noted, we are not seeking and will not consider comments with respect to other issues.

    III. Description of the Supplemental Notice of Proposed Rulemaking A. Proposing To Establish a DRV and Require the Declaration of the Percent DV for “Added Sugars”

    As originally proposed, the NFL/SFL proposed rule would require the declaration of the gram amount of added sugars on the Nutrition Facts and Supplement Facts labels, but would not establish a DRV or require the disclosure of the percent DV for added sugars. The proposed requirement for the declaration of the gram amount of “added sugars” was based, in large part, on data and information in the Dietary Guidelines for Americans, 2010 (2010 DGA)(Ref. 4) related to the intake of excess calories in the U.S. diet from solid fats and added sugars, and the impact that these excess calories may have on the nutrient density of the diet. As discussed in the NFL/SFL proposed rule, no more than 5 to 15 percent of calories from solid fats and added sugars combined can be reasonably accommodated in the U.S. Department of Agriculture (USDA) Food Patterns for most people to avoid excess calorie consumption, yet added sugars alone contributed an average of 16 percent of the total calories in American diets (79 FR 11879 at 11903 through 11904).

    In the 2014 NFL/SFL proposed rule we stated that although there is sufficient science to support a relationship between the intake of sugar-sweetened beverages and an increase in adiposity (body fat) in children, “inadequate evidence exists to support the direct contribution of added sugars to obesity or heart disease.” (79 FR 11879 at 11904). Thus, we included the evidence that added sugars contribute excess calories to the American diet as part of our rationale for proposing the mandatory declaration of added sugars.

    We did not propose to establish a DRV or to require the declaration of a percent DV for added sugars in the NFL/SFL proposed rule because, at the time we issued the NFL/SFL proposed rule, there was “no scientifically supported quantitative intake recommendation for added sugars on which a DRV for added sugars can be derived” (79 FR 11879 at 11906). Following publication of the NFL/SFL proposed rule, the 2015 DGAC, a group of outside experts, submitted its recommendations to the Secretaries of the Department of Health and Human Services (HHS) and USDA, to inform the Dietary Guidelines for Americans, 2015. The Secretaries released the advisory committee's recommendations report online on February 19, 2015, making it available for public review and comment (see http://www.health.gov/dietaryguidelines/2015-scientific-report/).

    The 2015 DGAC reaffirmed recommendations in the 2010 DGA, which included recommending reducing the intake of added sugars. The 2015 DGAC examined the relationship between dietary patterns and health outcomes more extensively than did earlier DGAC reports, through the use of a food modeling approach using the USDA Food Patterns (Ref. 5). The 2015 DGAC reviewed the current science, status and trends in the dietary pattern of intake in the U.S. population compared to a “Healthy U.S.-style Pattern,” a “Healthy Mediterranean-style Pattern,” and a “Healthy Vegetarian Pattern” associated with health benefits. The report found the current U.S. population intake of solid fats and added sugars is high across all age groups and genders with nearly 90 percent of the general population “exceeding the recommended daily limits” (Ref. 6). Added sugars intake alone remains high at 13.4 percent of total calories per day among the total population ages 1 year and older (Ref. 7). Importantly, the 2015 DGAC found strong and consistent evidence demonstrating that, relative to less healthy patterns, dietary patterns associated with decreased risk of cardiovascular disease (CVD) are characterized by higher consumption of vegetables, fruits, whole grains, low-fat dairy, and seafood, and lower consumption of red and processed meat, and lower intakes of refined grain, and sugar-sweetened foods and beverages (Ref. 8). The 2015 DGAC suggested the NFL/SFL should include an added sugars declaration and the declaration of a percent DV for added sugars (Ref. 9). The Federal government has not issued a final 2015 Dietary Guidelines for Americans report.

    Based on our review of the evidence presented in the 2015 DGAC report (see link to individual studies reviewed by the 2015 DGAC—(http://www.nel.gov/—then click on “Dietary Patterns and Health Outcomes Systematic Review Report.”), we find that the evidence further supports FDA's proposal to require an added sugars declaration in the Nutrition and Supplement Facts labels. Specifically, there is evidence of a strong association between a dietary pattern of intake characterized, in part, by a reduced intake of sugar-sweetened foods and beverages and a reduced risk of CVD. There is also evidence to support a reference amount for added sugars, i.e., limiting added sugars intake to no more than 10 percent of total daily caloric intake.

    The 2015 DGAC report also recommended that Americans keep added sugars intake below 10 percent of total energy intake (Ref. 10). The 2015 DGAC based this “less than 10 percent” recommendation on modeling of dietary patterns, current added sugars consumption data, and a published meta-analysis on sugars intake and body weight. (Ref. 11). Based on the scientific evidence, we tentatively conclude that limiting consumption of added sugars to 10 percent of daily calories is a reasonable goal for consumers to achieve and is consistent with the goals of the Dietary Guidelines for Americans to provide advice for choosing and maintaining a healthful dietary pattern.

    In the NFL/SFL proposed rule, we recognized that we did not have a scientifically supported quantitative intake recommendation for added sugars, based on a biomarker of risk of disease or other public health endpoint, on which a DRV for added sugars could be derived. However, we did consider a reference point for added sugars consumption based on the calories from solid fats and added sugars limits at each calorie level in the USDA Food Patterns in the 2010 DGAC report (79 FR 11879 at 11906). Based on that analysis, and without a declaration in the Nutrition Facts label of “calories from solid fats and added sugars,” consumers would have to multiply grams of saturated, trans fats, and added sugars by the number of calories per gram to determine the amount of calories from solid fats and added sugars in a product. The 2015 DGAC report, in its analysis of added sugars as part of a dietary pattern of intake among the U.S. population, found a strong association with that pattern of intake to an increase in CVD risk, in comparison to healthier dietary patterns with lower added sugars intakes. This analysis included publications of clinical trials and prospective cohort studies (http://www.nel.gov/—then click on “Dietary Patterns and Health Outcomes Systematic Review Report.”) Therefore, we tentatively conclude that the 2015 DGAC report and the scientific information on which it relies provide a basis for FDA to establish a DRV reference point for the added sugars declaration at 10 percent of calories that is based on a public health endpoint and is necessary to assist consumers to maintain healthy dietary practices.

    We are proposing a DRV of 50 g for added sugars from which the percent DV can be calculated. We determine a DRV of 50 g by first multiplying the 2,000 reference calorie intake by 10 percent (2,000 × .10 = 200 calories). The 2,000 reference calorie intake is used for other nutrients to calculate the DRV when the recommendations for the nutrient intake may fluctuate based on calorie intake. The 2,000 calorie value represents a reference intake for adults and children 4 years of age and older, including pregnant and lactating women. Dividing 200 calories by 4 calories/g (200 calories ÷ 4 calories/g = 50 g) provides us with the gram amount (50 g) of added sugars as a reference amount for use as the DRV. A 1,000 calorie reference amount would be used to calculate the DRV for children 1 through 3 years of age at 25 g of added sugars (1,000 calories × .10 = 100 calories and 100 calories ÷ 4 calories/g = 25 g).

    The comments we received on the NFL/SFL proposed rule were generally supportive of a DRV of no more than 10 percent of total energy intake from added sugars. Many of the comments in support of a DRV of no more than 10 percent of total energy intake cited the 2014 World Health Organization (WHO) draft guideline. This WHO guideline, however, is not a U.S consensus report and was not specific to added sugars. There were also some comments that did not support a DRV for added sugars, citing a lack of scientific evidence to set a quantitative intake recommendation. We now have the 2015 DGAC report that supports a proposal to establish a DRV of 10 percent of total energy intake from added sugars and to require the declaration of percent DV for added sugars on the label. Specifying and requiring a percent DV declaration is also supported by comments we received stating that such a declaration will help consumers determine the amount of added sugars on the label in the context of their total daily diet.

    If we finalize a declaration of added sugars, we tentatively conclude that a DRV or point of reference for consumers to understand the declaration of added sugars and what that number means in the context of the total daily diet is needed. We are proposing in section III.A. that a percent DV be declared for added sugars on the label.

    Further, as discussed in the NFL/SFL proposed rule (79 FR 11879 at 11902), we are considering whether to use the term “Total Sugars” instead of “Sugars” on the label if we finalize a declaration of added sugars. The use of “Total Sugars” was supported by many comments. In addition, our added sugars experiment did show that use of the term “Total Sugars” helped improve study participants' understanding that added sugars are part of the total amount of sugars in the product. Therefore, we intend to consider finalizing the use of the term “Total Sugars” instead of “Sugars” on the label, if we finalize a declaration of added sugars. We are not proposing to establish a DRV for total sugars or to require the mandatory declaration of a percent DV for total sugars because there is no quantitative intake level or other reference amount for which there is sufficient scientific evidence upon which we can base a DRV for total sugars.

    Given the discussion in section III.A., this supplemental notice of proposed rulemaking would:

    • Amend § 101.9(c)(9) to add “Added sugars” to the list of food components with established DRVs with a unit of measurement of “Grams (g),” and to establish a DRV for adults and children 4 years of age and older, including pregnant and lactating women, of 50 g and a DRV for children 1 through 3 years of age of 25 g.

    • Amend § 101.36(b)(2)(iii)(D) to require that the percent DV for added sugars be declared when added sugars are present in a dietary supplement at an amount greater than 1 gram per serving, such that the proposed requirement would say that if the percent of Daily Value is declared for total fat, saturated fat, total carbohydrate, dietary fiber, protein, or added sugars, a symbol shall follow the value listed for those nutrients that refers to the same symbol that is placed at the bottom of the nutrition label, below the bar required under § 101.9(e)(6) and inside the box, that is followed by the statement “Percent Daily Values are based on a 2,000 calorie diet.”

    Proposing to require the declaration of the percent DV for added sugars on the label are not the only revisions to the codified that would be needed if we finalized the added sugars provisions. We proposed additional amendments related to added sugars and they are described in the NFL/SFL proposed rule (79 FR 11879 at 11905-11907). B. Proposing the Footnote Text That Would Be Required on Certain Packages and Proposed Exemptions From the Footnote Requirement

    In the NFL/SFL proposed rule, we proposed to remove the requirement for the footnote listing the reference values for certain nutrients for 2,000 and 2,500 calorie diets and reserved space to provide a proposed footnote (proposed § 101.9(d)(9)). We consider that a succinct statement about daily calorie intake (2,000 calories) is a necessary part of the footnote because 2,000 calories is consistent with widely used food plans, the percent DV of certain nutrients (e.g., total fat, total carbohydrate, and dietary fiber) is based on 2,000 calories, and 2,000 calories approximates the estimated energy need for adults who are sedentary to moderately active. However, we recognize that a succinct statement about daily calorie intake should not suggest that the percent DV of all nutrients is linked to a 2,000 calorie diet.

    We received comments on the footnote and many comments requested that the footnote continue to explain that percent DVs are based on a 2,000 calorie diet but individual calorie needs may be higher or lower. Many comments also emphasized that any revisions to the footnote should be research-based and that the results of our consumer research studies should be made available for review and comment.

    Many comments emphasized that because the NFL/SFL proposed rule does not specify the exact footnote text and the amount of space the new footnote would require, more information is needed in order to comment on the footnote. Some comments emphasized that the footnote should be brief and not take up too much space, and expressed concerns about how the footnote would fit on small packages.

    This supplemental notice of proposed rulemaking would add language to the space reserved in proposed § 101.9(d)(9) to explain that the % Daily Value tells you how much a nutrient in a serving of food contributes to a daily diet and that 2,000 calories a day is used for general nutrition advice. The language in this footnote is similar to one of the options tested during the consumer research study described in section I.C., except that we have reversed the order of the sentences from the footnote tested. While the consumer research study did not suggest strong support for a particular footnote, the language in this footnote was perceived by study participants to be more useful than the current footnote. We consider that switching the order of the sentences is important because it allows the first sentence to clearly follow the asterisk in the “%DV” column heading that leads to the footnote. When consumers look down to the footnote, to see what additional information is linked to the asterisk that they see after the “% DV” column heading, they may expect to find the sentence that explains percent daily value first, rather than a sentence about calories. We believe that this footnote explains the “% DV” in the most concise manner.

    Previously, in the 1993 final rule entitled “Food Labeling: Mandatory Status of Nutrition Labeling and Nutrient Content Revision, Format for Nutrition” (58 FR 2079 (January 6, 1993)) (1993 final rule), we noted that prior research had shown that although most consumers do not notice footnotes, those who are given the information (and by inference, those who do read the footnote) are able to interpret it appropriately (58 FR 2079 at 2131). Consistent with our rationale in 1993, we continue to expect that the provision of a simple footnote will help those consumers who do read it in understanding the information on the nutrition label. The second sentence of the proposed footnote is the same as the succinct statement that will be required on menus and menu boards under our final rule entitled “Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments” (79 FR 71156 (December 1, 2014)). It is important to explain calories in the context of the total daily diet and also provide consistency in the wording of this nutritional advice between packaged and restaurant foods.

    Some packaged foods do not require the full footnote. The footnote information specified in § 101.9(d)(9)(i) (which includes the footnote table) can be omitted from products that qualify for a simplified format and small or intermediate packages, provided that the following abbreviated footnote statement is used: “Percent Daily Values are based on a 2,000 calorie diet” (§§ 101.9(f)(5) and 101.9(j)(13)). In this supplemental notice of proposed rulemaking, we propose to allow the footnote proposed in § 101.9(d) to be omitted from products that qualify for a simplified format (§ 101.9(f)), and from small or intermediate packages (§ 101.9(j)(13)(ii)(A)(1); § 101.9(j)(13)(ii)(A)(2)), provided that the following abbreviated statement is used: “%DV =% Daily Value.” The proposed statement for these packages shortens it from what is currently required and allows for more space on the label. In addition, we realize that the standard format in the NFL/SFL proposed rule for the Nutrition Facts label had a placeholder for the footnote and did not explain the “%DV.” It is important for consumers to know what “%DV” on the label means. Consequently, we are proposing a statement for these packages that spells out “%DV.” We recognize that for these packages, additional information in the footnote is not needed. In this supplemental proposed rulemaking, we apply the same rationale we used in the 1993 final rule with regards to exempting small and intermediate packages from some of the footnote language we required for large packages. The 1993 final rule allowed manufacturers flexibility in using the complete footnote on all product labels. We recognized that the benefits of requiring this footnote were not relative to the specific product that carries the information, and that the information would be available to consumers if it appeared on a significant percentage of food labels (58 FR 2079 at 2129).

    This supplemental notice of proposed rulemaking proposes an exemption to the proposed footnote requirement in § 101.9(d)(9) for the foods that can use the terms “calorie free,” “free of calories,” “no calories,” “zero calories,” “without calories,” “trivial source of calories,” “negligible source of calories,” or “dietary insignificant source of calories” on the label or in the labeling of foods as defined in § 101.60(b). Such products would have little to no impact on the average daily 2,000 calorie intake, which the footnote addresses. Exempting the footnote for these packages is a practical solution that would assure adequate space is still available for the required nutrient declarations.

    We believe that consumer education programs regarding using and understanding the Nutrition Facts and Supplement Facts labels (including the footnote) are important, and plan to work with our federal partners to develop such programs after publication of the final rule.

    Given the discussion in section III.B., this supplemental notice of proposed rulemaking would:

    a. Amend § 101.9(d)(9) to replace the reserved space. Specifically, after the language in § 101.9(d)(8) explaining that when listed horizontally in two columns, vitamin D and calcium should be listed on the first line and iron and potassium should be listed on the second line—the proposed requirement would replace “[Reserved]” with text stating that a footnote, preceded by an asterisk, shall be placed beneath the list of vitamins and minerals and be separated from the list by a hairline, except that the footnote may be omitted from foods that can use the terms “calorie free,” “free of calories,” “without calories,” “trivial source of calories,” “negligible source of calories,” or “dietary insignificant source of calories” on the label or in the labeling of foods as defined in § 101.60(b). The footnote text would explain that the %Daily Value tells you how much a nutrient in a serving of food contributes to a daily diet and that 2,000 calories a day is used for general nutrition advice.

    b. Amend § 101.9(j)(13)(ii)(C) to revise the footnote text. Specifically, after “Sugar alcohol—Sugar alc,” the proposed requirement would provide for omitting the footnote statement and placing another asterisk at the bottom of the label followed by the statement `%DV = %Daily Value'.”

    C. Other Related Provisions-Future Revisions to the Sample Labels

    The revisions to the NFL/SFL proposed rule described in this section would require revisions to the labels illustrated in §§ 101.9(d)(11)(iii), 101.9(d)(12), 101.9(d)(13)(ii), 101.9(e)(5), 101.9(e)(6)(i), 101.9(e)(6)(ii), 101.9(f)(4), 101.9(j)(13)(ii)(A)(1), and 101.9(j)(13)(ii)(A)(2) of the NFL/SFL proposed rule. As stated in section VII. we provided a sample label in proposed § 101.9(j)(5)(i) for foods, other than infant formula, represented or purported to be specifically for infants 7 through 12 months or children 1 through 3 years of age in the NFL/SFL proposed rule, however, we invite further input on whether such a footnote is needed and, if so, what it should say. If the NFL/SFL is finalized as proposed in this supplemental notice, we will make the changes needed to the labels in the codified in the NFL/SFL final rule.

    IV. Preliminary Regulatory Economic Analysis of Impacts

    As explained in the NFL/SFL proposed rule, we performed the necessary analyses to examine the impacts of the proposed rule under Executive Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5 U.S.C. 601-612), the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), and the PRA (44 U.S.C. 3501-3520). We provided a PRIA of the proposed rule (see Ref. 187 of the NFL/SFL proposed rule) for public input (79 FR 11879 at 11959).

    We performed additional analysis to examine the impacts of the revised proposed provisions described in the Federal Register document under Executive Order 12866, Executive Order 13563, the Regulatory Flexibility Act, the Unfunded Mandates Reform Act of 1995, and the PRA. We present our additional analyses, including the total estimated costs and benefits of this supplement to the NFL/SFL proposed rule, in our supplemental PRIA for this proposed rule (Ref. 12), which will be made available at http://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/EconomicAnalyses/. We invite comment on our additional analyses.

    V. Paperwork Reduction Act of 1995

    This supplemental notice of proposed rulemaking contains information collection provisions that are subject to review by OMB under the PRA. As explained in the NFL/SFL proposed rule, we performed the necessary analyses to examine the impacts of the proposed rule under Executive Order 12866, Executive Order 13563, the Regulatory Flexibility Act, the Unfunded Mandates Reform Act of 1995, and the PRA. We provided a PRIA of the NFL/SFL proposed rule (see Ref. 187 of the NFL/SFL proposed rule) for public input (79 FR 11879 at 11959). A description of the information collection provisions of the NFL/SFL proposed rule was given in the PRIA of the NFL/SFL proposed rule with an estimate of the annual third-party disclosure burden. A description of the information collection provisions of the supplemental notice of proposed rulemaking is given in the Description section with an estimate of the annual third-party disclosure burden. Included in the estimate is the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing each collection of information.

    We invite comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of our functions, including whether the information will have practical utility; (2) the accuracy of our 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.

    Title: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed At One-Eating Occasion.

    Description: This supplemental notice of proposed rulemaking proposes two changes to the third-party disclosure requirements discussed in the analysis of the NFL/SFL proposed rule: A percent DV labeling requirement as well as footnote requirements.

    Description of Respondents: The likely respondents to this information collection are manufacturers of retail food products marketed in the United States whose products contain (1) a mixture of naturally occurring and added sugars or (2) a mixture of non-digestible carbohydrates that do and do not meet the proposed definition of dietary fiber. The likely respondents to this information collection also include manufacturers of retail food products marketed in the United States whose products contain (1) mixtures of different forms of vitamin E or (2) both folate and folic acid.

    We estimate the burden of the information collection provisions of the supplemental notice of proposed rulemaking as follows. After careful review of the burden estimate analysis provided in the PRIA for the NFL/SFL proposed rule, we tentatively conclude that our previous estimate of the burden hours has not changed meaningfully as a result of this supplemental notice of proposed rulemaking. Thus, we have calculated no additional burden related to the proposed percent DV labeling requirement for added sugars described in this supplemental notice of proposed rulemaking.

    With regard to the proposed footnote labeling requirements in this supplemental notice of proposed rulemaking, we note that the text of the footnote statements would be supplied by FDA in the final regulation. We tentatively conclude that the proposed footnote provisions in this supplemental notice of proposed rulemaking are “public disclosure[s] of information originally supplied by the Federal government to the recipient for the purpose of disclosure to the public” (5 CFR 1320.3(c)(2)) and are therefore not subject to review by OMB under the PRA. Thus, we have calculated no additional burden related to the proposed footnote labeling requirements in this supplemental notice of proposed rulemaking.

    To ensure that comments on information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to [email protected] All comments should be identified with the title, “Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed At One-Eating Occasion.”

    In compliance with the PRA, we have submitted the information collection provisions of this proposed rule to OMB for review. These requirements will not be effective until we obtain OMB approval. We will publish a notice concerning OMB approval of these requirements in the Federal Register.

    VI. Analysis of Environmental Impact

    We have carefully considered the potential environmental effects of this action. This action revises certain provisions of the NFL/SFL proposed rule. For the NFL/SFL proposed rule, we concluded that the action would not have a significant impact on the human environment, and that an environmental impact statement was not required. Our finding of no significant impact and the evidence supporting that finding may be seen in the Division of Dockets Management (see ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday.

    We have not received any new information or comments that would affect our previous determination. Furthermore, we have reviewed the revisions to the NFL/SFL proposed rule as described herein, and have determined the revisions do not impact our previous determination. Therefore, our finding of no significant impact remains unchanged.

    VII. Request for Comments

    We are seeking comment only with respect to the following issues: (1) The new information from the 2015 DGAC report regarding added sugars; (2) the proposal to establish a DRV for added sugars and to require the declaration of the percent DV for added sugars on the Nutrition and Supplement Facts labels; (3) using the term “Total Sugars” instead of “Sugars” on the label; (4) the proposed text for the footnotes to be used on the Nutrition Facts label; (5) the exemptions from the proposed footnote requirement; (6) whether we should make changes to the footnote used on the Supplement Facts label; and (7) whether we should propose a footnote for foods other than infant formula, represented or purported to be specifically for infants 7 through 12 months or children 1 through 3 years of age. We acknowledge that in the NFL/SFL proposed rule, we provided in proposed § 101.9(j)(5)(i) a sample label for these foods that included a placeholder for a footnote. However, we would appreciate further input on whether such a footnote is needed and, if so, what it should say. We will not consider comments outside the scope of these issues.

    Comments previously submitted to the Division of Dockets Management do not need to be resubmitted, because all comments submitted to the docket number, found in brackets in the heading of this document, will be considered in development of the final rule.

    VIII. How To Submit Comments

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

    IX. References

    The following references have been placed on display in the Division of Dockets Management (see ADDRESSES) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. These references are also available electronically at http://www.regulations.gov. We have verified the Web site addresses in this section, but we are not responsible for subsequent changes to the Web sites after this document published in the Federal Register.

    1. FDA Memorandum to the File—“Experimental Study on Consumer Responses to the Nutrition Facts Labels with Declaration of Amount of Added Sugars” (OMB Control Number 0910-0764), 2015. 2. FDA Memorandum to the File—“Experimental Study on Consumer Responses to Nutrition Facts Labels with Various Footnote Formats” (OMB Control Number 0910-0764), 2015. 3. USDA and HHS, Scientific Report of Dietary Guidelines for Americans, 2015, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 4. USDA and HHS, Dietary Guidelines for Americans, 2010. 7th Ed., Washington, DC: U.S. Government Printing Office (2010). Retrieved from http://www.cnpp.usda.gov/DGAs2010-PolicyDocument.htm. 5. USDA and HHS, Scientific Report of the 2015 Dietary Guidelines Advisory Committee, 2015, Part D. “Chapter 1: Food and Nutrient Intakes, and Health: Current Status and Trends,” pg. 3, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 6. USDA and HHS, Scientific Report of the 2015 Dietary Guidelines Advisory Committee, 2015, Part D. “Chapter 1: Food and Nutrient Intakes, and Health: Current Status and Trends,” pg. 35, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 7. USDA and HHS, Scientific Report of the 2015 Dietary Guidelines Advisory Committee, 2015, Part D. “Chapter 5: Food Sustainability and Safety,” pg. 18, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 8. USDA and HHS, Scientific Report of the 2015 Dietary Guidelines Advisory Committee, 2015, Part D. “Chapter 2: Dietary Patterns, Foods and Nutrients, and Health Outcomes,” pg. 8, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 9. USDA and HHS, Scientific Report of the 2015 Dietary Guidelines Advisory Committee, 2015, Part D. “Chapter 6: Cross-Cutting Topics of Public Health Importance,” pg. 27, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 10. USDA and HHS, Scientific Report of the 2015 Dietary Guidelines Advisory Committee, 2015, Part D. “Chapter 6: Cross-Cutting Topics of Public Health Importance,” pgs. 20-21, available at http://www.health.gov/dietaryguidelines/2015-scientific-report/. 11. Te Morenga, L., S. Mallard, J. Mann, “Dietary Sugars and Body Weight: Systematic Review and Meta-Analysis of Randomised Controlled Trials and Cohort Studies,” BMJ 2013;346:e7492. 12. FDA, Supplemental Preliminary Regulatory Impact Analysis for Proposed Rules On “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (Docket No. FDA-2012-N-1210) and “Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments” (Docket No. FDA-2004-N-0258), 2015. List of Subjects in 21 CFR Part 101

    Food labeling, Nutrition, Reporting and recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, it is proposed that 21 CFR part 101, as proposed to be amended on March 3, 2014 (79 FR 11879), be further amended as follows:

    PART 101—FOOD LABELING 1. The authority citation for 21 CFR part 101 continues to read as follows: Authority:

    15 U.S.C. 1453, 1454, 1455; 21 U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. 243, 264, 271.

    2. In § 101.9, revise paragraphs (c)(9), (d)(9), and (j)(13)(ii)(C) to read as follows:
    § 101.9 Nutrition labeling of food.

    (c) * * *

    (9) The following DRVs, nomenclature, and units of measure are established for the following food components:

    Food component Unit of measurement DRV Adults and children
  • ≥ 4 years
  • Infants 7
  • through 12 months
  • Children 1
  • through 3 years
  • Pregnant and
  • lactating women
  • Fat Grams (g) 1 65 30 2 39 1 65 Saturated fatty acids Grams (g) 1 20 N/A 2 10 1 20 Cholesterol Milligrams (mg) 300 N/A 300 300 Total carbohydrate Grams (g) 1 300 95 2 150 1 300 Sodium Milligrams (mg) 2,300 N/A 1,500 2,300 Dietary fiber Grams (g) 1 28 N/A 2 14 1 28 Protein Grams (g) 1 50 N/A 2 13 N/A Added Sugars Grams (g) 1 50 N/A 2 25 1 50 1 Based on the reference caloric intake of 2,000 calories for adults and children aged 4 years and older, and for pregnant and lactating women. 2 Based on the reference caloric intake of 1,000 calories for children 1 through 3 years of age.

    (d) * * *

    (9) A footnote, preceded by an asterisk, shall be placed beneath the list of vitamins and minerals and shall be separated from the list by a hairline, except that the footnote may be omitted from foods that can use the terms “calorie free,” “free of calories,” “without calories,” “trivial source of calories,” “negligible source of calories,” or “dietary insignificant source of calories” on the label or in the labeling of foods as defined in § 101.60(b). The footnote shall state: *The % Daily Value tells you how much a nutrient in a serving of food contributes to a daily diet. 2,000 calories a day is used for general nutrition advice.

    (j) * * *

    (13) * * *

    (ii) * * *

    (C) Omitting the footnote statement required in paragraph (d)(9) of this section and placing another asterisk at the bottom of the label followed by the statement “%DV=%Daily Value.”

    3. In § 101.36, revise paragraph (b)(2)(iii)(D) to read as follows:
    § 101.36 Nutrition labeling of dietary supplements.

    (b) * * *

    (2) * * *

    (iii) * * *

    (D) If the percent of Daily Value is declared for total fat, saturated fat, total carbohydrate, dietary fiber, protein, or added sugars, a symbol shall follow the value listed for those nutrients that refers to the same symbol that is placed at the bottom of the nutrition label, below the bar required under paragraph (e)(6) of this section and inside the box, that is followed by the statement “Percent Daily Values are based on a 2,000 calorie diet.” If the product is represented or purported to be for use by children 1 through 3 years of age, and if the percent of Daily Value is declared for total fat, total carbohydrate, dietary fiber, protein, or added sugars, a symbol shall follow the value listed for those nutrients that refers to the same symbol that is placed at the bottom of the nutrition label, below the bar required under paragraph (e)(6) of this section and inside the box, that is followed by the statement “Percent Daily Values are based on a 1,000 calorie diet.”

    Dated: July 17, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-17928 Filed 7-24-15; 8:45 am] BILLING CODE 4164-01-P
    PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4010 RIN 1212-AB30 Annual Financial and Actuarial Information Reporting; Changes to Waivers AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Pension Benefit Guaranty Corporation (PBGC) is proposing to amend its regulation on Annual Financial and Actuarial Information Reporting to codify provisions of the Moving Ahead for Progress in the 21st Century Act and the Highway Transportation and Funding Act of 2014 and related guidance that affect reporting under ERISA section 4010. In addition, PBGC is proposing to limit the reporting waiver under the current regulation tied to aggregate plan underfunding of $15 million or less to smaller plans and to add reporting waivers for plans that must file solely on the basis of either a statutory lien resulting from missed contributions over $1 million or outstanding minimum funding waivers exceeding the same amount (provided the missed contributions or funding waivers were previously reported to PBGC). The proposed rule also makes some technical changes.

    DATES:

    Comments must be submitted on or before September 25, 2015.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

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

    Email: [email protected]

    Fax: 202-326-4224.

    Mail or Hand Delivery: Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026.

    All submissions must include the Regulatory Identification Number for this rulemaking (RIN 1212-AB30). Comments received, including personal information provided, will be posted to www.pbgc.gov. Copies of comments may also be obtained by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, or calling 202-326-4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.)
    FOR FURTHER INFORMATION CONTACT:

    Catherine B. Klion ([email protected]), Assistant General Counsel for Regulatory Affairs, Office of the General Counsel; or Daniel S. Liebman ([email protected]), Attorney, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026; 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.)

    SUPPLEMENTARY INFORMATION: Executive Summary—Purpose of the Regulatory Action

    This rulemaking is necessary to implement statutory changes under the Moving Ahead for Progress in the 21st Century Act (MAP-21) and Highway Transportation and Funding Act of 2014 (HATFA) affecting reporting under PBGC's regulation on Annual Financial and Actuarial Information Reporting (29 CFR part 4010), to modify the regulation's waivers to better balance the burden of reporting with PBGC's need for information, and to make certain technical changes.

    PBGC's legal authority for this action comes from section 4002(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), which authorizes PBGC to issue regulations to carry out the purposes of Title IV of ERISA, and section 4010 of ERISA.

    Executive Summary—Major Provisions of the Regulatory Action MAP-21 and HATFA Stabilized Interest Rate Rules

    MAP-21 provided rules that limited the volatility of interest rates (which are used for certain funding and benefit restriction purposes) by constraining them within a range, or “corridor,” around the 25-year average segment rates. The rates inside the corridor are referred to as “stabilized rates.” HATFA extended the period during which the narrowest range applies. MAP-21 and HATFA included statutory provisions regarding the application of the stabilized rates to ERISA section 4010 reporting requirements. The proposed rule codifies the statutory changes and PBGC guidance on when stabilized rates are and are not taken into account for purposes of PBGC's regulation on Annual Financial and Actuarial Information Reporting.

    Changes to $15 Million Aggregate Underfunding Waiver

    Section 4010.11(a) of the current regulation provides a waiver from reporting if the aggregate underfunding of pension plans in a controlled group does not exceed $15 million. PBGC's experience with this waiver, especially after MAP-21 and HATFA, is that it results in critical information not being reported. As a result, PBGC's ability to timely intervene to protect potentially troubled plans, participant benefits, and the pension insurance system is significantly undermined. To address this issue, the proposed rule provides that the waiver would be limited to controlled groups with fewer than 500 participants.

    New Waivers

    As part of PBGC's review of its regulations under Executive Order 13563, PBGC determined that it could reduce the burden of 4010 reporting and avoid duplicative reporting by adding two new waivers. The proposed rule would waive reporting required solely on the basis of either a statutory lien resulting from missed contributions over $1 million or outstanding minimum funding waivers exceeding the same amount, provided that the missed contributions resulting in the lien or minimum funding waivers were reported to PBGC under its regulation on Reportable Events and Certain Other Notification Requirements (part 4043) by the due date for the 4010 filing.

    Other Changes

    The proposed rule also makes a few technical changes to the regulation.

    Background

    PBGC administers the pension insurance programs under Title IV of ERISA. ERISA section 4010 requires the reporting of actuarial and financial information by controlled groups with single-employer pension plans that have significant funding problems. ERISA section 4010 also requires PBGC to provide an annual summary report to Congress containing aggregate information filed with PBGC under that section.1

    1 See ERSIA section 4010(e). The report is submitted to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and the Workforce and the Committee on Ways and Means of the House of Representatives.

    Current 4010 Regulation

    PBGC's regulation on Annual Financial and Actuarial Information Reporting (29 CFR part 4010) implements ERISA section 4010. Under § 4010.4(a), reporting is required if any of the following conditions exist:

    1. The funding target attainment percentage (FTAP) 2 at the end of the preceding plan year of a plan maintained by the contributing sponsor or any member of its controlled group is less than 80 percent (80-percent Gateway Test).

    2 The FTAP is a measure of how well the plan is funded. In general, a plan's FTAP is the ratio (expressed as a percentage) of the value of plan assets to the plan's funding target. See ERISA section 303(d)(2).

    2. The conditions specified in ERISA section 303(k) and section 430(k) of the Internal Revenue Code (Code) for imposing a lien for missed contributions exceeding $1 million have been met with respect to any plan maintained by any member of the controlled group.

    3. The Internal Revenue Service (IRS) has granted one or more minimum funding waivers totaling in excess of $1 million to any plan maintained by any member of the controlled group, and any portion of the waiver(s) is still outstanding.

    Part 4010 of PBGC's regulations specifies the identifying, financial, and actuarial information that filers must submit under ERISA section 4010. PBGC reviews the information that is filed and enters it into an electronic database for more detailed analysis. This analysis helps PBGC to anticipate possible threats to the pension insurance system and focus its resources on situations that pose the greatest risks to that system.

    Filings under part 4010 play a major role in PBGC's ability to protect participant and plan interests because 4010 information is typically more current than other sources of information available to PBGC. Protection for participants may be lost if a company completes a transaction that creates possible significant risk to the plan and participants before PBGC can act. PBGC can use 4010 information to quickly evaluate a fast-moving transaction to protect participants.

    When PBGC evaluates the risk of a plan terminating underfunded, it needs the plan's termination liability. If PBGC has a recent 4010 filing for the plan, it has the plan's termination liability calculated directly using seriatim data and certified by an enrolled actuary. With reliable information readily available, PBGC can conduct a timely and accurate analysis. But if PBGC does not have a 4010 filing for the plan, PBGC must estimate the plan's termination liability based on outdated Form 5500 Schedule SB data. This analysis takes time and, because it is based on estimates, may be less accurate, which may negatively impact asset recoveries and participant benefits if the plan terminates underfunded.

    PBGC also uses information from 4010 filings to value its contingent liabilities, as reported in its annual financial statements. Under ERISA section 4010(e), PBGC submits an annual report to Congress summarizing the data received in 4010 filings.

    Under § 4010.11(a) of the current regulation, reporting is waived if the aggregate underfunding of all plans (4010 funding shortfall) maintained by the filer's controlled group does not exceed $15 million (referred to in this preamble as the “$15 million aggregate underfunding waiver”). PBGC added this waiver to the regulation in March 2009 when PBGC amended the regulation to implement changes under the Pension Protection Act of 2006.3

    3 74 FR 11022 (Mar. 16, 2009), http://www.thefederalregister.org/fdsys/pkg/FR-2009-03-16/pdf/E9-5741.pdf., (2009 rule).

    MAP-21 and HATFA

    MAP-21 (enacted July 6, 2012) provided relief from the minimum funding requirements that apply to plan sponsors of single-employer defined benefit plans. This was accomplished by establishing rules that limit the volatility of certain interest rates used for funding purposes by constraining them within a corridor. MAP-21 also contained provisions on the application of those rules to ERISA section 4010 reporting requirements. Section 40211(b)(3)(D) of MAP-21 amended ERISA section 4010 by adding paragraph (d)(3), which provides that the stabilized interest rates do not apply for purposes of determining the funding target or the FTAP required to be reported under ERISA section 4010(d). However, they apply for all other 4010 requirements involving minimum funding-related determinations, including those requirements created solely by regulation.

    MAP-21 provided that the stabilized interest rate corridor would begin phasing-out in 2013. HATFA (enacted August 8, 2014) delayed the start of that phase-out until 2018, thereby extending the period for which the stabilized interest rate rules are most likely to impact 4010 filings.

    IRS issued Notice 2012-61 providing guidance on pension funding stabilization under MAP-21.4

    4http://www.pbgc.gov/Documents/n-12-61.pdf.

    PBGC issued two Technical Updates providing guidance on applying the statutory provisions of MAP-21 and HATFA to 4010 reporting.5 PBGC wanted to provide guidance to the pension community more quickly than could be done through rulemaking. PBGC is now codifying the statutory changes and guidance in the 4010 regulation, after giving the public an opportunity to comment.

    5 Technical Update 12-2: Effect of MAP-21 on 4010 Reporting (Sept. 11, 2012), http://www.pbgc.gov/prac/other-guidance/tu/tu12-2.html; Technical Update 14-2: Effect of HATFA on 4010 Reporting (Oct. 17, 2014), http://www.pbgc.gov/prac/other-guidance/tu/tu14-2.html.

    Regulatory Review

    On January 18, 2011, the President issued Executive Order 13563, “Improving Regulation and Regulatory Review,” to ensure that Federal regulations seek more affordable, less intrusive means to achieve policy goals, and that agencies give careful consideration to the benefits and costs of those regulations. In response to the Executive Order, PBGC on August 23, 2011, promulgated its Plan for Regulatory Review,6 noting several regulatory areas—including 29 CFR part 4010—for review to see how PBGC can reduce burden while preserving its ability to receive critical information. The plan identified expansion of waivers from 4010 reporting as an area to explore.

    6 See http://www.pbgc.gov/documents/plan-for-regulatory-review.pdf.

    Proposed Regulatory Changes MAP-21 and HATFA Stabilized Interest Rate Rules

    ERISA section 4010(b)(1) provides that 4010 reporting is required if any plan sponsored by a member of the controlled group has an FTAP, “as determined as defined in subsection (d),” below 80 percent. Because section 4010(d), as amended by MAP-21, requires that the FTAP be determined without regard to the MAP-21 stabilized interest rate rules, the FTAP used for the 80-percent Gateway Test is also determined without regard to such rules.7

    7 Thus, the FTAP used for purposes of the 80-percent Gateway Test might not be the same as the FTAP reported on line 14 of the 2014 Schedule SB of Form 5500.

    To codify the statutory change and the guidance in Technical Updates 12-2 and 14-2, PBGC is proposing to revise the definition of “funding target attainment percentage” in § 4010.2 to provide that it is determined without regard to the stabilized interest rate rules and rename it the “4010 funding target attainment percentage.” The proposed rule includes conforming changes in §§ 4010.4(a)(1), 4010.4(b), and 4010.8(a)(6). In addition, the proposed rule would revise § 4010.8(a)(5) to clarify that the plan's funding target as of the valuation date (required to be reported in a 4010 filing) is determined without regard to the stabilized interest rate rules.

    To reduce the administrative burden of determining whether a 4010 filing is required, Technical Update 12-2 waives reporting if the FTAP of each plan maintained by the filer's controlled group, determined without regard to the MAP-21 stabilized interest rate rules, would be at least 80 percent if the value of plan assets used for minimum funding purposes were substituted for the value described in IRS Notice 2012-61, Q&A NA-3. The proposed rule would codify this waiver. (See Technical Update 12-2 for more explanation.)

    Changes to $15 Million Aggregate Underfunding Waiver

    As mentioned above, PBGC added the $15 million aggregate underfunding waiver to the 4010 regulation in 2009. In the preamble to the 2009 final rule, PBGC cited the Technical Explanation of the Pension Protection Act of 2006 prepared by the Staff of the Joint Committee on Taxation as support for the waiver. The Technical Explanation stated: “It is intended that the PBGC may waive the requirement [for reporting under ERISA section 4010 based upon the 80-percent Gateway Test] in appropriate circumstances, such as in the case of small plans.” 8

    8 See Joint Committee on Taxation, Technical Explanation of H.R. 4, the “Pension Protection Act of 2006,” as passed by the House on July 26, 2006, and as considered by the Senate on August 3, 2006 (JCX-38-06), August 3, 2006 on page 115. http://www.jct.gov/x-38-06.pdf.

    PBGC set the waiver threshold at $15 million in aggregate underfunding based on its experience that underfunding below that amount presented a level of risk and exposure to PBGC that was sufficiently low to warrant the waiver of reporting based solely on the 80-percent Gateway Test. The preamble to the 2009 final regulation stated that “the waiver will generally exempt controlled groups maintaining only small plans from section 4010 reporting.”

    Because of the impact of MAP-21 and HATFA, PBGC believes that further refinement of the $15 million aggregate underfunding waiver is necessary. Many sponsors that would not have qualified for the waiver if not for MAP-21 and HATFA are waived from reporting because, using stabilized rates, underfunding falls below $15 million.

    As a result, PBGC is not receiving valuable information from approximately 200 controlled groups for which 4010 reporting was required before MAP-21 and HATFA (i.e., after MAP-21 and HATFA, reporting was not required solely because the use of stabilized rates resulted in aggregate underfunding being less than $15 million).9 To put that number in context, PBGC received only 313 filings for 2013. PBGC's ability to protect plans can be reduced significantly if it does not have 4010 information to use to analyze transactions, evaluate termination risks, and measure its contingent liabilities for its financial statements.

    9 PBGC is aware of these 200 controlled groups because PBGC's regulation requires an explanation be provided where a filing is required one year, but not the next. These 200 controlled groups indicated on their 4010 filings that they had a plan below 80-percent funded, but the aggregate underfunding was below $15 million. PBGC believes the total number of reports it is not receiving solely due to the stabilized rates applicable to the $15 million aggregate underfunding waiver test is much greater than 200. Besides the 200 prior filers, PBGC is aware of other controlled groups that did not have to file in the past, but would be required to file now if not for the fact that the waiver is based on stabilized rates.

    The vast majority of plans for which 4010 reporting would be required if not for MAP-21 and HATFA cover more than 1,000 participants and have very large unfunded benefit liabilities measured on a termination basis. Thus, the current regulation does not allow PBGC to access important available information on plans that present substantial risk and exposure to the pension insurance system. Further, because PBGC is required to submit an annual report to Congress summarizing the data received in 4010 filings, Congress is not receiving information it would otherwise receive solely because plans that were never intended to qualify for the regulatory waiver are, in fact, qualifying as a result of MAP-21 and HATFA.

    Because Congress provided that stabilized rates are disregarded for purposes of determining whether a 4010 filing is required, PBGC believes it is appropriate to modify the $15 million aggregate underfunding waiver to fix this anomalous and unintended result. PBGC considered modifying the waiver to require that the 4010 funding shortfall be determined using non-stabilized rates, but concluded that doing so would be overly complicated and administratively burdensome. In order to preserve simplicity, better align the waiver with the plans it was originally intended to cover, and eliminate any need to do an additional calculation solely to determine if the waiver applies, PBGC is proposing to leave the determination of the 4010 funding shortfall unchanged and instead limit the availability of the $15 million aggregate underfunding waiver to controlled groups where the aggregate number of participants in all defined benefit plans maintained by the controlled group is fewer than 500. For purposes of the waiver, the number of participants in any plan could be determined either as of the end of the plan year ending within the information year or as of the valuation date for that plan year.

    Basing the participant count threshold on fewer than 500 participants would provide PBGC with 4010 information on nearly all of the approximately 200 controlled groups for which reporting would have been required if not for MAP-21 and HATFA. In addition, the threshold would be similar to an exemption under § 4010.8(c) for plans with fewer than 500 participants from providing § 4010.11 actuarial information in a 4010 report. PBGC specifically requests public comment on whether using a different participant count threshold or tying the $15 million aggregate underfunding waiver directly to non-stabilized rates would be more appropriate.

    New Waivers

    In response to several public comments and as part of its implementation of its Plan for Regulatory Review, PBGC has reviewed part 4010 to see how it could reduce burden while preserving its ability to receive critical information. As part of this process, PBGC considered waiving reporting for plans that must file 4010 information solely on the basis of either a statutory lien resulting from missed required contributions of over $1 million or outstanding minimum funding waivers exceeding the same amount.

    In 2012 and 2013, less than five percent of 4010 filers were required to report based on these two filing tests; in 2013, there were 15 such filers. PBGC can look to reportable events filings 10 to obtain information similar to that reported in 4010 filings required solely because of these reporting triggers.

    10 PBGC receives reports for missed funding contributions under §§ 4043.25 and 4043.81 (Form 200) and applications for minimum funding waivers under § 4043.33.

    Waiving reporting based on these two tests would reduce the compliance and cost burden on filers. A filer waived from 4010 reporting might save between six and 24 hours annually by not having to provide identifying and financial information and approximately $17,000 in actuarial costs (depending in part on whether it was a first-time filing). Based on 2013 data, the aggregate actuarial cost savings for all filers could be over $310,000.

    Therefore, to reduce the burden of duplicative reporting, the proposed rule adds waivers from reporting for persons that must file a 4010 report solely on the basis of either a reporting trigger under § 4010.4(a)(2) for a statutory lien resulting from missed required contributions of over $1 million or under § 4010.4(a)(3) for outstanding minimum funding waivers exceeding the same amount, provided that the missed contributions or minimum funding waivers were reported under part 4043 by the due date for the 4010 filing.

    Other Changes

    The proposed rule revises § 4010.11 to conform to the new waivers discussed above, remove a paragraph on transition rules that are no longer necessary, and reorganize the paragraphs under the section.

    The proposed rule deletes transition rules in current §§ 4010.4(b)(3) and (4) and 4010.8(h) that are no longer necessary and updates provisions regarding special funding rules.

    Finally, the proposed rule makes two corrections to the regulation.

    First, the proposed rule amends § 4010.8(b)(1) to correct a cross reference from § 4010.11(b) to § 4010.10(b).

    Second, the proposed rule amends § 4010.8(d)(2) to provide that the form-of-payment assumption used when determining benefit liabilities for purposes of 4010 reporting is the assumption prescribed in § 4044.51 of PBGC's regulation on Allocation of Assets in Single-Employer Plans (part 4044). This change would conform the regulation to the statutory requirement. As a result of a drafting error in the 2009 4010 final rule, the current regulation provides that, for purposes of determining a plan's benefit liabilities, the form-of-payment assumption must be the same as what is used to determine the minimum required contribution. Although this assumption has a relatively minor impact on the overall calculation, PBGC was concerned about the programming changes that would need to be made to valuation software to effectuate this unintended assumption change and therefore issued guidance that the actuary may use either the form-of-payment assumption prescribed in § 4044.51 or the form-of-payment assumption used to determine the minimum required contribution for the plan year ending within the filer's information year.11 PBGC specifically requests comments on whether eliminating the option of using the latter form-of-payment assumption (i.e., requiring that the § 4044.51 assumption be used) would necessitate significant programming changes or result in additional burden or cost.

    11 Technical Update 09-2: ERISA section 4010 reporting; Alternative form-of-payment assumption for determining benefit liabilities (Mar. 25, 2009), http://www.pbgc.gov/prac/other-guidance/tu/tu09-2.html.

    Applicability

    The proposed rule would be applicable to information years beginning after December 31, 2015.

    Compliance With Rulemaking Guidelines Executive Orders 12866 “Regulatory Planning and Review” and 13563 “Improving Regulation and Regulatory Review”

    PBGC has determined, in consultation with the Office of Management and Budget (OMB), that this rulemaking is not a “significant regulatory action” under Executive Order 12866.

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Orders 12866 and 13563 require a comprehensive regulatory impact analysis be performed for any economically significant regulatory action, defined as an action that would result in an annual effect of $100 million or more on the national economy or which would have other substantial impacts.

    Pursuant to section 1(b)(1) of E.O. 12866 (as amended by Executive Order 13422), PBGC has determined that regulatory action is required in this area. Principally, this regulatory action is necessary to codify changes made to 4010 reporting by MAP-21 and HATFA and related guidance. In addition, this proposed rule is necessary to modify waivers from 4010 reporting to better balance the burden of reporting with PBGC's need for the information and to target those plans with the highest risk and exposure to PBGC and the pension insurance system. Finally, the proposed rule is needed to correct errors in the current regulation. In accordance with OMB Circular A-4, PBGC also has examined the economic and policy implications of this proposed rule and has concluded that the action's benefits justify its costs.

    Under Section 3(f)(1) of Executive Order 12866, a regulatory action is economically significant if “it is likely to result in a rule that may * * * [h]ave an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.” PBGC has determined that this proposed rule does not cross the $100 million threshold for economic significance and is not otherwise economically significant. The annual effect of the regulation with the proposed rule changes would far be less than $100 million. See discussion under Paperwork Reduction Act.

    This proposed rule is associated with retrospective review and analysis in PBGC's Plan for Regulatory Review issued in accordance with Executive Order 13563.

    Regulatory Flexibility Act

    The Regulatory Flexibility Act imposes certain requirements with respect to rules that are subject to the notice and comment requirements of section 553(b) of the Administrative Procedure Act and that are likely to have a significant economic impact on a substantial number of small entities. Unless an agency determines that a rule is not likely to have a significant economic impact on a substantial number of small entities, section 603 of the Regulatory Flexibility Act requires that the agency present an initial regulatory flexibility analysis at the time of the publication of the proposed rule describing the impact of the rule on small entities and seeking public comment on such impact. Small entities include small businesses, organizations and governmental jurisdictions.

    For purposes of the Regulatory Flexibility Act requirements with respect to the proposed amendments to the Annual Financial and Actuarial Information Reporting regulation, PBGC considers a small entity to be a plan with fewer than 100 participants. This is substantially the same criterion PBGC uses in other regulations 12 and is consistent with certain requirements in Title I of ERISA 13 and the Code,14 as well as the definition of a small entity that the Department of Labor (DOL) has used for purposes of the Regulatory Flexibility Act.15

    12 See e.g., special rules for small plans under part 4007 (Payment of Premiums).

    13 See, e.g., ERISA section 104(a)(2), which permits the Secretary of Labor to prescribe simplified annual reports for pension plans that cover fewer than 100 participants.

    14 See, e.g., Code section 430(g)(2)(B), which permits plans with 100 or fewer participants to use valuation dates other than the first day of the plan year.

    15 See, e.g., DOL's final rule on Prohibited Transaction Exemption Procedures, 76 FR 66637, 66644 (Oct. 27, 2011).

    Further, while some large employers may have small plans, in general most small plans are maintained by small employers. Thus, PBGC believes that assessing the impact of the proposed rule on small plans is an appropriate substitute for evaluating the effect on small entities. The definition of small entity considered appropriate for this purpose differs, however, from a definition of small business based on size standards promulgated by the Small Business Administration (13 CFR 121.201) pursuant to the Small Business Act. PBGC therefore requests comments on the appropriateness of the size standard used in evaluating the impact on small entities of the proposed amendments to part 4010.

    PBGC certifies under section 605(b) of the Regulatory Flexibility Act that the amendments in this proposed rule would not have a significant economic impact on a substantial number of small entities. The proposed amendments would limit application of a reporting waiver to larger plans and provide two new reporting waivers to plans of all sizes. Accordingly, as provided in section 605 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), sections 603 and 604 do not apply.

    Paperwork Reduction Act

    PBGC is submitting the information requirements under part 4010 to OMB for review and approval under the Paperwork Reduction Act. The information requirements under part 4010 have been approved by the OMB under the Paperwork Reduction Act (OMB control number 1212-0049, expires July 31, 2015). Copies of PBGC's request may be obtained free of charge by contacting the Disclosure Division of the Office of the General Counsel of PBGC, 1200 K Street NW., Washington, DC 20005, 202-326-4040.

    PBGC estimates that once the final rule takes effect it will receive 4010 filings from about 450 contributing sponsors or controlled group members annually and that the total annual burden of the collection of information will be about 3,900 hours and $7,632,000.

    Comments on the paperwork provisions under this proposed rule should be mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Pension Benefit Guaranty Corporation, via electronic mail at [email protected] or by fax to (202) 395-6974. Although comments may be submitted through September 25, 2015, the Office of Management and Budget requests that comments be received on or before August 26, 2015 to ensure their consideration. Comments may address (among other things)—

    • Whether the proposed collection of information is needed for the proper performance of PBGC's functions and will have practical utility;

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

    • Enhancement of the quality, utility, and clarity of the information to be collected; and

    • Minimizing 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.

    List of Subjects in 29 CFR Part 4010

    Pension insurance, Pensions, Reporting and recordkeeping requirements.

    For the reasons given above, PBGC proposes to amend 29 CFR part 4010 as follows:

    PART 4010—ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING 1. The authority citation for part 4010 continues to read as follows: Authority:

    29 U.S.C. 1302(b)(3), 1310.

    2. Section 4010.2 is amended by removing the definition for “Funding target attainment percentage” and adding a definition for “4010 funding target attainment percentage” in alphanumeric order to read as follows:
    § 4010.2 Definitions.

    4010 funding target attainment percentage means, with respect to a plan for a plan year, the percentage as determined under § 4010.4(b) for the plan year.

    3. In § 4010.4: a. Paragraph (a) introductory text is amended by removing the words “A contributing sponsor” and adding in their place the words “Subject to the waivers in § 4010.11, a contributing sponsor”. b. Paragraph (a)(1) is amended by adding “4010” before the phrase “funding target attainment percentage”. c. Paragraph (d) is removed, and paragraphs (e) and (f) are redesignated as paragraphs (d) and (e), respectively. d. Paragraph (b) and newly redesignated paragraph (e) are revised to read as follows:
    § 4010.4 Filers.

    (b) 4010 funding target attainment percentage—(1) General. The 4010 funding target attainment percentage for a plan for a plan year equals the funding target attainment percentage as provided under ERISA section 303(d)(2) and Code section 430(d)(2) determined as of the valuation date for the plan year without regard to the segment rate stabilized interest provisions of ERISA section 303(h)(2)(iv) and Code section 430(h)(2)(iv).

    (2) Prefunding balance and funding standard carryover balance elections. For purposes of determining the 4010 funding target attainment percentage for a plan for the plan year, prefunding balances and funding standard carryover balances must reflect any elections (or deemed elections) under ERISA section 303(f) and Code section 430(f) that affect the value of such balances as of the beginning of the plan year, regardless of when the elections (or deemed elections) are made.

    (e) Certain plans to which special funding rules apply. Except for purposes of determining the information to be submitted under § 4010.8(h) (in connection with the actuarial valuation report), the following statutory provisions are disregarded for purposes of this part:

    (1) Section of 402(b) of the Pension Protection Act of 2006, Public Law 109-280, dealing with certain frozen plans of commercial passenger airlines and airline caterers.

    (2) Section 104 of the Pension Protection Act of 2006 as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, Public Law 111-192, dealing with eligible charity plans and plans of certain rural cooperatives.

    (3) The Cooperative and Small Employer Charity Pension Flexibility Act, Public Law 113-97, dealing with certain defined benefit pension plans maintained by more than one employer.

    4. In § 4010.8: a. Paragraph (a)(6) is amended by adding “4010” before “funding target attainment percentage.” b. Paragraph (b)(1) is amended by removing the reference “§ 4010.11(b)” and adding in its place the reference “§ 4010.10(b)”. c. Paragraph (c)(1)(i) is amended by removing the reference “§ 4010.11(c)” and adding in its place the reference “§ 4010.11(b)”. d. Paragraph (d)(2)(i) is amended by adding the words “form of payment,” after “Interest,”. e. Paragraph (d)(2)(ii) is amended by removing the words “form of payment”. f. Paragraph (h) is removed and paragraph (i) is redesignated as paragraph (h). g. Paragraph (a)(5) and newly redesignated paragraph (h) are revised to read as follows:
    § 4010.8 Plan actuarial information.

    (a) * * *

    (5) The funding target (as of the valuation date) for the plan year ending within the information year determined in accordance with ERISA section 303(i) and Code section 430(i)—

    (i) Without regard to the segment rate stabilized interest provisions of ERISA section 303(h)(2)(iv) and Code section 430(h)(2)(iv); and

    (ii) As if the plan has been in at-risk status for a consecutive period of at least five plan years;

    (h) Plans subject to special funding rules. Instead of the requirements of paragraph (a)(11) of this section:

    (1) In the case of a plan year for which a plan is subject to section 402(b) of the Pension Protection Act of 2006, Public Law 109-280, dealing with certain frozen plans of commercial passenger airlines and airline caterers, the plan must meet the requirements in connection with the actuarial valuation report in accordance with instructions on PBGC's Web site, http://www.pbgc.gov.

    (2) In the case of a plan year for which the application of new funding rules is deferred for a plan under section 104 of the Pension Protection Act of 2006, Public Law 109-280, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, Public Law 111-192, dealing with eligible charity plans and plans of certain rural cooperatives, the plan must meet the requirements in paragraph (a)(5) of this section (in connection with the actuarial valuation report) in effect as of December 31, 2007.

    (3) In the case of a plan year for which a plan is subject to the Cooperative and Small Employer Charity Pension Flexibility Act, Public Law 113-97, dealing with certain defined benefit pension plans maintained by more than one employer, the plan must meet the requirements in connection with the actuarial valuation report in accordance with instructions on PBGC's Web site, http://www.pbgc.gov.

    5. Section 4010.11 is revised to read as follows:
    § 4010.11 Waivers and extensions.

    (a) Plan funding/participant count waiver. Unless reporting is required by § 4010.4(a)(2) or (3), reporting is waived for a person (that would be a filer if not for the waiver) for an information year if, for the plan year ending within the information year—

    (1) The aggregate 4010 funding shortfall for all plans (including any exempt plans) maintained by the person's controlled group (disregarding those plans with no 4010 funding shortfall) does not exceed $15 million; and

    (2) The aggregate number of participants in all plans (including any exempt plans) maintained by the person's controlled group is fewer than 500. For this purpose, the number of participants in any plan may be determined either as of the end of the plan year ending within the information year or as of the valuation date for that plan year.

    (b) 4010 funding shortfall for waivers and exemptions—(1) General. A plan's 4010 funding shortfall for a plan year equals the funding shortfall as provided under ERISA section 303(c)(4) and Code section 430(c)(4) determined as of the valuation date for the plan year, except that the value of plan assets is determined without regard to the reduction under ERISA section 303(f)(4)(B) and Code section 430(f)(4)(B) (dealing with reduction of assets by the amount of prefunding and funding standard carryover balances).

    (2) Multiple employer plans. For purposes of § 4010.8(c) and paragraph (a) of this section, the entire 4010 funding shortfall of any multiple employer plan of which the filer or any member of the filer's controlled group is a contributing sponsor is included.

    (c) Alternative 4010 FTAP. Unless reporting is required by § 4010.4(a)(2) or (3), reporting is waived for a person for an information year if the 4010 funding target attainment percentage of each plan maintained by the person's controlled group would be at least 80 percent if the value of plan assets used for minimum funding purposes were substituted for the asset value determined without regard to the segment rate stabilized interest provisions of ERISA section 303(h)(2)(iv) for purposes of determining such percentage.

    (d) Missed contributions resulting in a lien or outstanding minimum funding waivers. Reporting is waived for a person (that would be a filer if not for the waiver) for an information year if, for the plan year ending within the information year, reporting would have been required solely under § 4010.4(a)(2) or (3), provided that the missed contributions or minimum funding waivers (as applicable) were reported to PBGC under part 4043 of this chapter by the due date for the 4010 filing.

    (e) Other waiver authority. PBGC may waive the requirement to submit information with respect to one or more filers or plans or may extend the applicable due date or dates specified in § 4010.10. PBGC will exercise this discretion in appropriate cases where it finds convincing evidence supporting a waiver or extension; any waiver or extension may be subject to conditions. A request for a waiver or extension must be filed in writing with PBGC at the address provided in § 4010.10(c) no later than 15 days before the applicable due date specified in § 4010.10, and must state the facts and circumstances on which the request is based.

    Issued in Washington, DC, this 17th day of July, 2015. Alice C. Maroni, Acting Director, Pension Benefit Guaranty Corporation.
    [FR Doc. 2015-18177 Filed 7-24-15; 8:45 am] BILLING CODE 7709-02-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AP34 Payment of Emergency Medication by VA AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) proposes to amend its medical regulations that govern reimbursement of emergency treatment provided by non-VA medical care providers. VA proposes to clarify its regulations insofar as it involves the reimbursement of medications prescribed or provided to the veteran during the episode of non-VA emergency treatment.

    DATES:

    Comments must be received by VA on or before September 25, 2015.

    ADDRESSES:

    Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to: Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. (This is not a toll-free telephone number.) Comments should indicate that they are submitted in response to “RIN 2900-AP34-Payment of Emergency Medication by VA.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free telephone number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Kristin J. Cunningham, Director, Business Policy, Chief Business Office (10NB6), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)

    SUPPLEMENTARY INFORMATION:

    VA is authorized under 38 U.S.C. 1725 to reimburse an eligible veteran (or the provider of the emergency treatment or another person or entity who paid such expenses on the veteran's behalf) for the reasonable value of emergency treatment furnished to the Veteran at a non-VA medical facility. Under 38 U.S.C. 1728, VA is authorized to reimburse eligible veterans (or the provider of the emergency treatment or another person or entity who paid such expenses on the veteran's behalf) for the customary and usual charges of non-VA emergency treatment furnished to the veteran.

    Section 1725 provides that in order for VA to reimburse a veteran for the reasonable value of non-VA emergency treatment under that section, such veteran must, among other things, be personally liable for the emergency treatment received in a non-VA medical facility, be enrolled in the VA health care system, and must have received medical care under chapter 17 of title 38 U.S.C. within the 24-month period prior to the receipt of such emergency treatment. Reimbursement is authorized under section 1728 when non-VA emergency treatment was rendered to such veteran for: The treatment of an adjudicated service-connected disability; a non-service-connected disability associated with and held to be aggravating a service-connected disability; any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability; and for any illness, injury or dental condition if the veteran is participating in a vocational rehabilitation program and is determined to be in medical need of care or treatment to make possible the veteran's entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition.

    Current VA regulations implementing 38 U.S.C. 1725 and 1728 each state that covered emergency treatment includes “medication, including a short course of medication related to and necessary for the treatment of the emergency condition that is provided directly to the patient for use after the emergency condition is stabilized and the patient is discharged.” See 38 CFR 17.120(b) and 17.1002. It is undisputed that medications directly provided to the veteran or administered to the veteran as part of the emergency treatment are covered. However, the language “provided directly to the patient” has been found to be vague inasmuch as it does not clearly indicate that it also extends to a short course of necessary medication provided to the veteran by way of a prescription that is written or called in to an outpatient or commercial pharmacy by the emergency non-VA provider with instructions to the veteran-patient to obtain and use the medication post-discharge, as directed. We note this issue was not addressed in the original rulemakings associated with the implementation of section 1725; it was raised however in subsequent amendatory rulemaking in 2011. In 2011, final rulemaking for §§ 17.120(b) and 17.1002 included changes to further define “emergency treatment.” Among other things, new language was added to §§ 17.120(b) and 17.1002 to indicate that emergency treatment includes “medication, including a short course of medication related to and necessary for the treatment of the emergency condition that is provided directly to the patient for use after the emergency condition is stabilized and the patient is discharged.” It was explained that such change merely reflected VA's original intention and was done for clarification purposes only, in response to a commenter's concerns. See 76 FR 79067, 79069-79070 (Dec. 21, 2011).

    VA has interpreted, and still interprets, emergency treatment, for purposes of both §§ 17.120 and 17.1002, to extend to situations where the veteran receives, during the emergency treatment episode, a prescription from the non-VA emergency provider for a short course of necessary medication (related to and necessary for treatment of the emergency condition post-stabilization) which the veteran-patient is directed to obtain post-discharge and use at home as directed. Nor should it matter whether the non-VA emergency provider, in the course of providing such emergency treatment, provides the prescription in writing or, at the request of a patient, calls it into an outpatient or commercial pharmacy on the patient's behalf. Again it was never intended or contemplated that the language “directly provided to the patient” would be interpreted to mean only medications actually administered to the patient during the emergency treatment episode and exclude such related prescriptions. The proposed amendments would be consistent with VA policy and would help ensure our regulations are not interpreted more narrowly than VA intends (as discussed herein).

    Specifically, we propose to amend § 17.120(b) to clarify that VA would reimburse the cost of a short course of medication prescribed for the veteran at the time that the veteran was receiving emergency treatment, by stating that emergency treatment would include “a short course of medication related to and necessary for the treatment of the emergency condition that is provided directly to or prescribed for the patient for use after the emergency condition is stabilized and the patient is discharged.” We propose to make similar amendment to the introductory paragraph of § 17.1002.

    Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as proposed to be revised by this rulemaking, would represent the exclusive legal authority on this subject. No contrary rules or procedures would be authorized. All VA guidance would be read to conform with this proposed rulemaking if possible or, if not possible, such guidance would be superseded by this rulemaking.

    Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

    Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This proposed rule would directly affect only individuals and would not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action,” requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.”

    The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for “VA Regulations Published From FY 2004 Through Fiscal Year to Date.”

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector.

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.007, Blind Rehabilitation Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans Dental Care; 64.012, Veterans Prescription Service; 64.014, Veterans State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based Primary Care; and 64.024, VA Homeless Providers Grant and Per Diem Program.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Nabors II, Chief of Staff, Department of Veterans Affairs, approved this document on July 20, 2015, for publication.

    List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Health care, Health facilities, Health professions, Health records, Homeless, Mental health programs, Nursing homes, Veterans.

    Dated: July 22, 2015.

    William F. Russo, Acting Director, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA proposes to amend 38 CFR part 17 as follows:

    PART 17—MEDICAL 1. The authority citation for part 17 continues to read as follows: Authority:

    38 U.S.C. 501, and as noted in specific sections.

    § 17.120 [Amended]
    2. Amend the first sentence of § 17.120(b) by adding “or prescribed for” immediately after “provided directly to”.
    § 17.1002 [Amended]
    3. Amend the introductory text of § 17.1002 by adding “or prescribed for” immediately after “provided directly to”.
    [FR Doc. 2015-18331 Filed 7-24-15; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0313; FRL-9931-25-Region 4] Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution Rule AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve the State of Alabama's March 27, 2015, State Implementation Plan (SIP) revision, submitted by the Alabama Department of Environmental Management. This SIP revision provides Alabama's state-determined allowance allocations for existing electric generating units (EGUs) in the State for the 2016 control periods and replaces the allowance allocations for the 2016 control periods established by EPA under the Cross-State Air Pollution Rule (CSAPR). The CSAPR addresses the “good neighbor” provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind nonattainment and maintenance areas. EPA is proposing to approve Alabama's SIP revision, incorporate the state-determined allocations for the 2016 control periods into the SIP, and amend the regulatory text of the CSAPR Federal Implementation Plan (FIP) to reflect approval and inclusion of the state-determined allocations. EPA is proposing to approve Alabama's SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA's allowance allocations for the 2016 control periods. This action is being taken pursuant to the CAA and its implementing regulations. In the Final Rules Section of this Federal Register, EPA is approving the State's implementation plan revision 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.

    DATES:

    Written comments must be received on or before August 26, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0313, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (404) 562-9019.

    4. Mail: “EPA-R04-OAR-2015-0313,” Air Regulatory Management Section (formerly Regulatory Development Section), Air Planning and Implementation Branch (formerly Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.

    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's 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:

    Twunjala Bradley, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Twunjala Bradley can be reached by phone at (404) 562-9352 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    For additional information see the direct final rule which is published in the Rules Section of this Federal Register. A detailed rationale for the approval is set forth in the direct final rule. 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 on this document. Any parties interested in commenting on this document should do so at this time.

    Dated: July 15, 2015. Heather McTeer Toney, Regional Administrator, Region 4.
    [FR Doc. 2015-18218 Filed 7-24-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Chapter I [EPA-HQ-OPP-2014-0818; FRL-9930-89] Proposal To Mitigate Exposure to Bees From Acutely Toxic Pesticide Products; Extension of Comment Period AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; extension of comment period.

    SUMMARY:

    EPA issued a notice in the Federal Register of May 29, 2015, concerning EPA's Proposal to Mitigate Exposure to Bees from Acutely Toxic Pesticide Products and a second notice on extending the comment period to July 29, 2015. This document extends the comment period for an additional 30 days, from July 29, 2015 to August 28, 2015. The Agency has received additional requests from multiple stakeholders to extend the comment period to allow them to adequately develop comments on this complex and important issue. EPA is granting the extension.

    DATES:

    The comment period for the document published on May 29, 2015 (80 FR 30644) is extended. Comments identified by docket identification (ID) number EPA-HQ-OPP-2014-0818 must be received on or before August 28, 2015.

    ADDRESSES:

    Follow the detailed instructions provided under ADDRESSES in the Federal Register document of May 29, 2015 (80 FR 30644) (FRL-9927-36).

    FOR FURTHER INFORMATION CONTACT:

    Michael Goodis, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8157; email address: [email protected], or Marietta Echeverria, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 305-8578; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    This document further extends the public comment period established in the Federal Register document of May 29, 2015. In that document, EPA is seeking comment on a proposal to adopt mandatory pesticide label restrictions to protect managed bees under contract pollination services from foliar applications of pesticides that are acutely toxic to bees on a contact exposure basis. These label restrictions would prohibit applications of pesticide products, which are acutely toxic to bees, during bloom when bees are known to be present under contract. EPA is also seeking comment on a proposal to rely on efforts made by states and tribes to reduce pesticide exposures through development of locally-based measures, specifically through managed pollinator protection plans. These plans would include local and customizable mitigation measures to address certain scenarios that can result in exposure to pollinators. EPA intends to monitor the success of these plans in deciding whether further label restrictions are warranted. EPA is hereby extending the comment period, which was set to end on July 29, 2015 to August 28, 2015.

    To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES in the Federal Register document of May 29, 2015. If you have questions, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    7 U.S.C. 136a.

    Dated: July 20, 2015. Jack Housenger, Director, Office of Pesticide Programs.
    [FR Doc. 2015-18413 Filed 7-24-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1218] Proposed Flood Elevation Determinations for Hawaii County, Hawaii AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Proposed rule; withdrawal.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Hawaii County, Hawaii.

    DATES:

    The proposed rule published on September 21, 2011 (76 FR 58436), is withdrawn. This withdrawal is effective on July 27, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. FEMA-B-1218, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    On September 21, 2011, FEMA published a proposed rulemaking at 76 FR 58436, proposing flood elevation determinations along one or more flooding sources in Hawaii County, Hawaii. FEMA is withdrawing the proposed rulemaking and intends to publish a Notice of Proposed Flood Hazard Determinations in the Federal Register and a notice in the affected community's local newspaper following issuance of a revised preliminary Flood Insurance Rate Map and Flood Insurance Study report.

    Authority:

    42 U.S.C. 4104; 44 CFR 67.4.

    Dated: June 22, 2015. Roy E. Wright, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2015-18284 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 RIN 0648-XB089 [Docket No. 120425024-5625-04] Endangered and Threatened Species; Identification and Proposed Listing of Eleven Distinct Population Segments of Green Sea Turtles (Chelonia mydas) as Endangered or Threatened and Revision of Current Listings; Second Extension of Comment Period AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; United States Fish and Wildlife Service (USFWS), Interior.

    ACTION:

    Proposed rule; extension of comment period.

    SUMMARY:

    On March 23, 2015, NMFS and USFWS (or the Services) published a proposed rule to revise the listings of the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) under the Endangered Species Act (ESA). We opened a public comment period that lasted through June 22, 2015. On June 7, 2015, we published a notice extending the public comment period through July 27, 2015. Having received requests to further extend the comment period, with this document we extend the comment period to August 26, 2015.

    DATES:

    Comments and information regarding this proposed rule must be received by close of business on August 26, 2015.

    ADDRESSES:

    You may submit comments on the proposed rule, identified by NOAA-NMFS-2012-0154, by any of the following methods:

    Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0154,

    2. Click the “Comment Now!” icon, complete the required fields, and

    3. Enter or attach your comments.

    OR

    Mail: Submit written comments to Green Turtle Proposed Listing Rule, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Room 13535, Silver Spring, MD 20910; or Green Turtle Proposed Listing Rule, U.S. Fish and Wildlife Service, North Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by the Services. All comments received will be a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. The Services will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). The proposed rule is available electronically at http://www.nmfs.noaa.gov/pr/species/turtles/green.htm and http://www.fws.gov/northflorida/seaturtles/turtle%20factsheets/green-sea-turtle.htm.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Schultz, NMFS (ph. 301-427-8443, email [email protected]), or Ann Marie Lauritsen, USFWS (ph. 904-731-3032, email [email protected]). Persons who use a Telecommunications Device for the Deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, and 7 days a week.

    SUPPLEMENTARY INFORMATION: Background

    The green turtle is currently listed under the ESA as a threatened species globally, with the exception of the Florida and Mexican Pacific coast breeding populations, which are listed as endangered. On March 23, 2015 (80 FR 15271), the Services published a proposed rule to revise these listings because we found that the green turtle is composed of 11 distinct population segments (DPSs) that qualify for listing under the ESA. We proposed to remove the current listings and, in their place, list eight DPSs as threatened and three as endangered. We also proposed to apply existing protective regulations to the DPSs and to continue the existing critical habitat designation (i.e., waters surrounding Culebra Island, Puerto Rico) in effect for the North Atlantic DPS. We solicited comments on these proposed actions and indicated that comments must be received by June 22, 2015. On June 7, 2015 (80 FR 34594), we announced public hearings in Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa, and extended the public comment period through July 27, 2015. On July 13, 2015, we received requests to further extend the public comment period due to a typhoon and the island-wide loss of internet in Saipan, CNMI. We concur with these requests and hereby extend the public comment period by an additional 30 days, until August 26, 2015. Previously submitted comments do not need to be resubmitted.

    Authority:

    16 U.S.C. 1531 et seq.

    Dated: July 21, 2015. Paul N. Doremus, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. Dated: July 20, 2015. Stephen Guertin, Acting Director U.S. Fish and Wildlife Service.
    [FR Doc. 2015-18246 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    80 143 Monday, July 27, 2015 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document No. AMS-FV-15-0017] Re-Charter of the Fruit and Vegetable Industry Advisory Committee AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice of Re-charter of the U.S. Department of Agriculture (USDA) Fruit and Vegetable Industry Advisory Committee.

    SUMMARY:

    The USDA intends to renew the Fruit and Vegetable Industry Advisory Committee (Committee) for a two-year term from 2015-2017. The purpose of the Committee is to examine the full spectrum of issues faced by the fruit and vegetable industry and provide suggestions and ideas to the Secretary of Agriculture on how USDA can tailor its programs to better meet the fruit and vegetable industry's needs. The Committee is necessary and is in the public interest.

    FOR FURTHER INFORMATION CONTACT:

    Charles W. Parrott, Committee Executive Secretary; Phone: (202) 720-4722; Email: [email protected]; and/or Pamela Stanziani, Designated Federal Official; Phone: (202) 720-3334; Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), notice is hereby given that the Secretary of Agriculture intends to renew the Fruit and Vegetable Industry Advisory Committee for two years. The purpose of the Committee is to examine the full spectrum of issues faced by the fruit and vegetable industry and provide suggestions and ideas to the Secretary on how USDA can tailor its programs to better meet the fruit and vegetable industry's needs.

    The Deputy Administrator of the Agricultural Marketing Service's Fruit and Vegetable Program will serve as the Committee's Executive Secretary. Representatives from USDA mission areas and agencies affecting the fruit and vegetable industry will be called upon to participate in the Committee's meetings as determined by the Committee Chairperson.

    Industry members are appointed by the Secretary of Agriculture and serve 2 year terms. Membership consists of up to twenty-five (25) members who represent the fruit and vegetable industry and will include individuals representing fruit and vegetable growers/shippers, wholesalers, brokers, retailers, processors, fresh cut processors, foodservice suppliers, state agencies involved in organic and non-organic fresh fruits and vegetables at local, regional and national levels, farmers markets and food hubs, state departments of agriculture, and trade associations. The members of the re-chartered Committee elect a Chairperson and Vice Chairperson of the Committee. In absence of the Chairperson, the Vice-Chairperson acts in the Chairperson's stead.

    During the member outreach and nomination period, the Secretary of Agriculture seeks a diverse group of members representing a broad spectrum of persons interested in providing suggestions and ideas on how USDA can tailor its programs to meet the fruit and vegetable industry's needs.

    Equal opportunity practices are followed in all appointments to the Committee in accordance with USDA policies. To ensure that the recommendations of the Committee have taken into account the needs of the diverse groups served by USDA, membership includes, to the extent practicable, individuals with demonstrated ability to represent minorities, women, persons with disabilities, and limited resource agriculture producers.

    Dated: July 22, 2015. Rex A. Barnes, <E T="03">Associate Administrator, Agricultural Marketing Service.</E>
    [FR Doc. 2015-18317 Filed 7-24-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 21, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Food Safety and Inspection Service

    Title: Consumer Complaint Monitoring System—Food Safety Mobile Questionnaire.

    OMB Control Number: 0583-0133.

    Summary of Collection: The Food Safety and Inspection Service (FSIS) has been delegated the authority to exercise the functions of the Secretary as provided in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.), and the Egg Product Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). These statutes mandate that FSIS protect the public by ensuring that meat and poultry products are safe, wholesome, unadulterated, and properly labeled and packaged. FSIS tracks consumer complaints about meat, poultry, and egg products. FSIS also has a Food Safety Mobile that travels around the continental United States promoting food safety with respect to meal, poultry, and egg products.

    Need and Use of the Information: The Consumer Complaint Monitoring System web portal is used primarily to track consumer complaints regarding meat, poultry, and egg products. FSIS will also collect information using the Food Safety Mobile Questionnaire that will assist them in planning and scheduling visits of the Food Safety Mobile. FSIS will use the information collected from the web portal and the questionnaire to look for trends that will enhance the Agency's food safety efforts.

    Description of Respondents: Individuals or households.

    Number of Respondents: 1,150.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 263.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-18252 Filed 7-24-15; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Proposed Posting, Posting, and Deposting of Stockyards AGENCY:

    Grain Inspection, Packers and Stockyards Administration, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Grain Inspection, Packers and Stockyards Administration (GIPSA) is taking several actions to post and depost stockyards under the Packers and Stockyards Act (P&S Act). Specifically, we are proposing that 17 stockyards now operating subject to the P&S Act be posted. We are also posting eight stockyards that were identified previously as operating subject to the P&S Act and deposting one stockyard that no longer meets the definition of a stockyard.

    DATES:

    For the proposed posting of stockyards, we will consider comments that we receive on or before August 11, 2015.

    ADDRESSES:

    We invite you to submit comments on this notice. You may submit comments by any of the following methods:

    Internet: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments.

    Fax: (202) 690-2173.

    Mail, hand delivery, or courier: R. Dexter Thomas, GIPSA, USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 20250-3604.

    Instructions: All comments should refer to the date and page number of this issue of the Federal Register. The comments and other documents relating to this action will be available for public inspection during regular business hours.

    FOR FURTHER INFORMATION CONTACT:

    Catherine M. Grasso, Program Analyst, Litigation and Economic Analysis Division at (202) 720-7201 or [email protected].

    SUPPLEMENTARY INFORMATION:

    GIPSA administers and enforces the P&S Act of 1921, (7 U.S.C. 181 et seq.). The P&S Act prohibits unfair, deceptive, and fraudulent practices by livestock market agencies, dealers, stockyard owners, meat packers, swine contractors, and live poultry dealers in the livestock, poultry, and meatpacking industries.

    Section 302 of the P&S Act (7 U.S.C. 202) defines the term “stockyard” as follows: “. . . any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other enclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.”

    Section 302 (b) of the P&S Act requires the Secretary of Agriculture to determine which stockyards meet this definition, and to notify the owner of the stockyard and the public of that determination by posting a notice in each designated stockyard. Once the Secretary provides notice to the stockyard owner and the public, the stockyard is subject to the provisions of Title III of the P&S Act (7 U.S.C. 201-203 and 205-217a) until the Secretary deposts the stockyard by public notice. To post a stockyard, we assign the stockyard a facility number, notify the stockyard owner, and send an official posting notice to the stockyard owner to display in a public area of the stockyard. This process is referred to as “posting.” The date of posting is the date that the posting notices are physically displayed at the stockyard. A facility that does not meet the definition of a stockyard is not subject to the P&S Act, and therefore cannot be posted. A posted stockyard can be deposted, which occurs when the facility is no longer used as a stockyard.

    We are hereby notifying stockyard owners and the public that the following 17 stockyards meet the definition of a stockyard, and that we propose to designate these stockyards as posted stockyards.

    Proposed
  • facility No.
  • Stockyard name and location
    AR-184 Mid-State Stockyards, LLC, Damascus, Arkansas. AZ-119 Arizona Livestock Auction, Buckeye, Arizona. GA-236 Trion Livestock Auction, LLC, Trion Georgia. GA-237 Deer Run Auction Co., Adel, Georgia. KY-187 Steele Hollow Stockyard, LLC, Rockholds, Kentucky. KY-188 Franklin Livestock Market, Inc., Franklin, Kentucky. MS-179 Integrity Livestock Auction, LLC, Brookhaven, Mississippi. MS-180 Ramsey Livestock Sales, Inc., Vicksburg, Mississippi. MO-289 Archangel Outreach Ministries, Inc., d/b/a CRS & Highlandville Sales, Highlandville, Missouri. NC-180 Stephens Auction Co., Lumberton, North Carolina. NC-181 Flippin Chicken Auction & Sales, Beulaville, North Carolina. OK-218 JC Stockyards Auction, LLC, Meeker, Oklahoma. TN-212 WJ Auction Co., LLC, Telford, Tennessee. TN-213 Saddle Brook Stables, Jamestown, Tennessee. TN-214 Wiser Farms/Triple “M” Farms, Shelbyville, Tennessee. TX-358 Paris Livestock Auction, LLC, Paris, Texas. UT-119 Anderson Livestock Auction Co., Willard, Utah.

    We are also notifying the public that the stockyards listed in the following table meet the P&S Act's definition of a stockyard and that we have posted the stockyards. On July 15, 2014, we published a notice in the Federal Register (79 FR 41255-41256) of our proposal to post these eight stockyards. Since we received no comments to our proposal, we assigned the stockyards a facility number and notified the owner of the stockyard facilities. Posting notices were sent to the owner of the stockyard to display in public areas of the stockyard. The table below reflects the date of posting for each stockyard.

    Facility No. Stockyard name and location Date of
  • posting
  • AL-198 Central Auction Barn, Electic, Alabama 10/22/2014 AR-183 Mollie Wright—Wright's Small Animal Auction, Benton, Arkansas 10/06/2014 AZ-118 Sonoran Livestock Marketing, LLC, Douglas, Arizona 10/17/2014 KY-186 Ricky M. Kepley, dba Franklin Livestock Market, Franklin, Kentucky 09/30/2014 TN-208 Treadway Livestock Exchange, Thorn Hill, Tennessee 10/17/2014 TN-209 Darrells Auction and Livestock, Powder Springs, Tennessee 09/30/2014 TN-210 Rising Star Ranch, LLC, Shelbyville, Tennessee 10/06/2014 TN-211 Circle R Auction, Ethridge, Tennessee 10/07/2014

    Finally, we are notifying the public that the following stockyard no longer meets the definition of a stockyard and it is being deposted. We depost stockyards when the facility can no longer be used as a stockyard. The reasons a facility can no longer be used as a stockyard may include the following: (1) The market agency has moved and the posted facility is abandoned; (2) the facility has been torn down or otherwise destroyed, such as by fire; (3) the facility is dilapidated beyond repair; or (4) the facility has been converted and its function has changed.

    Stockyard name and location Date posted AR-128 Searcy County Livestock Market, Marshall, Arkansas 02/18/1959 Authority:

    7 U.S.C. 202.

    Susan B. Keith, Acting Administrator, Grain Inspection, Packers and Stockyards Administration.
    [FR Doc. 2015-18251 Filed 7-24-15; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF AGRICULTURE Office of Procurement and Property Management Public Availability of FY 2014 Service Contract Inventories AGENCY:

    Office of Procurement and Property Management, Departmental Management, USDA.

    ACTION:

    Notice of public availability of FY 2014 Service Contract inventories.

    SUMMARY:

    In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), U.S. Department of Agriculture is publishing this notice to advise the public of the availability of the FY 2014 Service Contract inventory. This inventory provides information on FY 2014 service contract actions over $25,000. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010, by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf.

    The U.S. Department of Agriculture has posted its inventory and a summary of the inventory on the Office of Procurement and Property Management homepage at the following link: http://www.dm.usda.gov/procurement/.

    FOR FURTHER INFORMATION CONTACT:

    Crandall Watson, Office of Procurement and Property Management (OPPM), at (202) 720-7529, or by mail at OPPM, MAIL STOP 9304, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250-9303. Please cite “2014 Service Contract Inventory” in all correspondence.

    Signed in Washington, DC, on July 21, 2015. Lisa M. Wilusz, Director, Office of Procurement and Property Management.
    [FR Doc. 2015-18399 Filed 7-24-15; 8:45 am] BILLING CODE 3410-TX-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Institute of Standards and Technology.

    Title: Student Information System.

    OMB Control Number: 0693-XXXX.

    Form Number(s): None.

    Type of Request: Regular Submission

    Number of Respondents: 400.

    Average Hours per Response: 45 minutes.

    Burden Hours: 300 hours.

    Needs and Uses: The Student Information System (SIS) is designed to collect on-line applications from students for programs such as the Student Volunteer Program (SVP) and Summer High School Intern Program (SHIP). The purpose of the application is to obtain information needed to evaluate applicant qualifications for potential positions. Students can apply for multiple programs in a single application.

    The SIS collects basic biographical information through an on-line application. The application contains four sections. The first section collects personal information to include name, address, phone, email, program selection, work availability, and location preferences. The second section collects work and volunteer experience including start and end date, hours worked, name and address of employer, supervisor's contact information, job description, and job-related skills. The third section collects any special training, knowledge, skill, ability, and/or publications that demonstrate the applicant's skill sets to perform a position. The fourth section collects education information to include current enrollment, name and address of the educational institution, grade point average, and expected date of program completion.

    Affected Public: Individuals or households.

    Frequency: Annually.

    Respondent's Obligation: Required to obtain benefits.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer.
    [FR Doc. 2015-18296 Filed 7-24-15; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-46-2015] Foreign-Trade Zone 147—Berks County, Pennsylvania; Application for Reorganization (Expansion of Service Area); Under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the FTZ Corporation of Southern Pennsylvania, grantee of Foreign-Trade Zone 147, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or “usage-driven” FTZ sites for operators/users located within a grantee's “service area” in the context of the FTZ Board's standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on July 20, 2015.

    FTZ 147 was approved by the FTZ Board on June 28, 1988 (Board Order 378, 53 FR 26094, July 11, 1988) and reorganized under the ASF on April 30, 2013 (Board Order 1897, 78 FR 27953-27954, May 13, 2013). The zone currently has a service area that includes Berks, Cumberland, Dauphin, Franklin, Lancaster and York Counties, Pennsylvania.

    The applicant is now requesting authority to expand the service area of the zone to include Adams, Fulton, Juniata, Lebanon and Perry Counties, Pennsylvania, as described in the application. If approved, the grantee would be able to serve sites throughout the expanded service area based on companies' needs for FTZ designation. The proposed expanded service area is adjacent to the Harrisburg Customs and Border Protection Port of Entry.

    In accordance with the FTZ Board's regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is September 25, 2015. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to October 13, 2015.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at [email protected] or (202) 482-0473.

    Dated: July 20, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-18334 Filed 7-24-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-201-830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Determination AGENCY:

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

    SUMMARY:

    On December 22, 2014, the United States Court of International Trade (CIT) entered its final judgment in Deacero S.A.P.I. de C.V. and Deacero Usa, Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12-00345, Slip Op. 14-151 (Deacero III), sustaining the Department of Commerce's (the Department) negative circumvention determination from the First Remand Results.1 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Determination2 that, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225, Deacero's entries of wire rod with an actual diameter of 4.75 millimeters (mm) to 5.00 mm constitute circumvention of the Order. 3

    1See Final Results of Redetermination Pursuant to Deacero S.A. de C.V. and Deacero USA Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12-00345; Slip Op. 13-126 (CIT 2013) (January 29, 2014) (First Remand Results).

    2See Carbon and Certain Alloy Steel Wire Rod From Mexico: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 59892 (October 1, 2012) (Final Determination) and accompanying Issues and Decision Memorandum (Final Decision Memorandum).

    3See Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) (Order).

    DATES:

    Effective Date: January 1, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Eric Greynolds, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6071.

    SUPPLEMENTARY INFORMATION: Background

    On October 1, 2012, the Department issued its Final Determination in which it determined that Deacero's shipments of wire rod with an actual diameter of 4.75 mm to 5.00 mm constitute a circumventing minor alteration of the Order. 4 Deacero challenged the Department's determination. Upon review, the CIT remanded the Final Determination, holding that the Department improperly determined that wire rod with a thickness between 4.75 mm and 5.00 mm was inside the scope despite the fact that it was commercially available before the investigation and petitioners “consciously chose to limit the Order's reach to certain steel products 5.00 mm or more, but less than 19.00 mm in solid cross-sectional diameter.” 5 On remand, based on the Court's reasoning, the Department found that there is no alternative but to change the results of the anti-circumvention determination and find on remand that 4.75 mm wire rod is not within the scope of the Order. 6 In Deacero II, the Court held that although the Department ultimately reached a supportable result in the First Remand Results, remand was nonetheless necessary because the Department arrived at the result by misinterpreting Deacero I. 7 Therefore, in Deacero II, the Court instructed the Department to explain whether it seeks the Court's leave to revisit the issue of commercial availability.8 In the Second Remand Results, the Department continued to respectfully disagree with the Court that the “commercial availability” of a product in the country in question, in a third country or in the United States bars the Department from reaching an affirmative anti-circumvention determination under the minor alteration provision of the statute.9 For these same reasons, the Department did not request a remand to further consider “commercial availability” in the context of this minor alteration proceeding. On December 22, 2014, the CIT entered final judgment sustaining the First Remand Results.10

    4See Final Determination.

    5See Deacero S.A. de C.V. v. United States, 37 CIT, 942 F. Supp. 2d 1321, 1324-25 (2013).

    (Deacero I);Deacero Remand, Slip Op. 13-126 at 15.

    6See First Remand Results at 6.

    7See Deacero S.A.P.I. de C.V. v. United States, Slip Op. 14-99, 2014 WL 4244349, *1-3 (CIT Aug. 28, 2014) (Deacero II) at 11-12.

    8Id. at 12.

    9See Final Results of Redetermination Pursuant to Deacero S.A. de C.V. et al v. United States, Court No. 12-00345; Slip Op. 14-99 (CIT August 28, 2014) (Second Remand Results).

    10See Deacero III.

    Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not “in harmony” with a Department determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's December 22, 2014 judgment sustaining the Department's First Remand Results with respect to Deacero's shipments of wire rod with an actual diameter of 4.75 mm to 5.00 mm not constituting a circumventing minor alteration of the Order constitutes a final decision of the Court that is not in harmony with the Department's Final Determination. This notice is published in fulfillment of the publication requirements of Timken.

    Amended Final Determination

    Because there is now a final court decision, we are amending the Final Determination with respect to Deacero's shipments of wire rod with an actual diameter of 4.75 mm to 5.00 mm. Based on the negative circumvention determination, Deacero's 4.75 mm wire rod is not subject to antidumping duties.

    Accordingly, the Department will continue the suspension of liquidation of the subject merchandise, but set the cash deposit rate for the 4.75 mm up to 5 mm diameter wire rod to zero pending a final and conclusive court decision. For any antidumping duties which have been deposited for 4.75 up to 5mm diameter wire rod entered from January 1, 2015 to the date of this notice, we will instruct Customs and Border Protection to refund the cash deposit upon request but continue to suspend the entries at a zero cash deposit rate.

    Notification to Interested Parties

    This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-18335 Filed 7-24-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology Advisory Committee on Earthquake Hazards Reduction Meeting AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will hold an open meeting via WEBEX on Friday, August 21, 2015, from 1:00 p.m. to 3:00 p.m. Eastern Time. The primary purpose of this meeting is to finalize the Committee's 2015 Report on the Effectiveness of the National Earthquake Hazards Reduction Program (NEHRP). The agenda may change to accommodate Committee business. The final agenda and any draft meeting materials will be posted prior to the meeting on the NEHRP Web site at http://nehrp.gov/. Interested members of the public will be able to participate in the meeting from remote locations by calling into a central phone number.

    DATES:

    The ACEHR will hold a meeting via WEBEX on Friday, August 21, 2015, from 1:00 p.m. until 3:00 p.m. Eastern Time. The meeting will be open to the public.

    ADDRESSES:

    Questions regarding the meeting should be sent to National Earthquake Hazards Reduction Program Director, National Institute of Standards and Technology (NIST), 100 Bureau Drive, Mail Stop 804, Gaithersburg, Maryland 20899-8604. For instructions on how to participate in the meeting via WEBEX, please see the SUPPLEMENTARY INFORMATION section of this notice.

    FOR FURTHER INFORMATION CONTACT:

    Tina Faecke, Management and Program Analyst, National Earthquake Hazards Reduction Program, Engineering Laboratory, NIST, 100 Bureau Drive, Mail Stop 8604, Gaithersburg, Maryland 20899-8604. Ms. Faecke's email address is [email protected] and her phone number is (301) 975-5911.

    SUPPLEMENTARY INFORMATION:

    The Committee was established in accordance with the requirements of Section 103 of the NEHRP Reauthorization Act of 2004 (Pub. L. 108-360). The Committee is composed of 15 members appointed by the Director of NIST, who were selected for their established records of distinguished service in their professional community, their knowledge of issues affecting NEHRP, and to reflect the wide diversity of technical disciplines, competencies, and communities involved in earthquake hazards reduction. In addition, the Chairperson of the U.S. Geological Survey (USGS) Scientific Earthquake Studies Advisory Committee (SESAC) serves as an ex-officio member of the Committee.

    The Committee assesses:

    • Trends and developments in the science and engineering of earthquake hazards reduction;

    • the effectiveness of NEHRP in performing its statutory activities;

    • any need to revise NEHRP; and

    • the management, coordination, implementation, and activities of NEHRP.

    Background information on NEHRP and the Advisory Committee is available at http://nehrp.gov/.

    Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the ACEHR will hold an open meeting via WEBEX on Friday, August 21, 2015, from 1:00 p.m. to 3:00 p.m. Eastern Time. There will be no central meeting location. Interested members of the public will be able to participate in the meeting from remote locations by calling into a central phone number. The primary purpose of this meeting is to finalize the Committee's 2015 Report on the Effectiveness of the NEHRP. The agenda may change to accommodate Committee business. The final agenda and any meeting materials will be posted prior to the meeting on the NEHRP Web site at http://nehrp.gov/.

    Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee's affairs are invited to request an opportunity to speak and detailed instructions on how to join the WEBEX from a remote location in order to participate by submitting their request to Felicia Johnson at [email protected] or 301-975-5324 no later than 5:00 p.m. Eastern Time, Wednesday, August 19, 2015. Approximately 15 minutes will be reserved from 2:45 p.m.-3:00 p.m. Eastern Time for public comments; speaking times will be assigned on a first-come, first-serve basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be about three minutes each. Questions from the public will not be considered during this period. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated, and those who were unable to participate are invited to submit written statements to ACEHR, National Institute of Standards and Technology, 100 Bureau Drive, MS 8604, Gaithersburg, Maryland 20899-8604, via fax at (301) 975-4032, or electronically by email to [email protected]

    All participants of the meeting are required to pre-register. Anyone wishing to participate must register by 5:00 p.m. Eastern Time, Wednesday, August 19, 2015, in order to be included. Please submit your full name, email address, and phone number to Felicia Johnson at [email protected] or (301) 975-5324. After pre-registering, participants will be provided with detailed instructions on how to join the WEBEX from a remote location in order to participate.

    Richard Cavanagh, Acting Associate Director for Laboratory Programs.
    [FR Doc. 2015-18352 Filed 7-24-15; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE068 Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Ecosystem Work Group (EWG) will hold a webinar, which is open to the public.

    DATES:

    The EWG will hold the webinar on Monday, August 10, 2015, from 1 p.m. until business for the day is complete.

    ADDRESSES:

    To attend the webinar, visit: http://www.gotomeeting.com/online/webinar/join-webinar. Enter the Webinar ID, which is 133-662-499, and your name and email address (required). Participants are encouraged to use their telephone, as this is the best practice to avoid technical issues and excessive feedback. (See the PFMC GoToMeeting Audio Diagram for best practices). Please use your telephone for the audio portion of the meeting by dialing this TOLL number 1+415-655-0059 (not a toll-free number); then enter the Attendee phone audio access code: 921-628-560; then enter your audio phone pin (shown after joining the webinar). System Requirements for PC-based attendees: Required: Windows® 7, Vista, or XP; for Mac®-based attendees: Required: Mac OS® X 10.5 or newer; and for mobile attendees: iPhone®, iPad®, AndroidTM phone or Android tablet (See the GoToMeeting Webinar Apps).

    You may send an email to Mr. Kris Kleinschmidt or contact him at (503) 820-2280, extension 425 for technical assistance. A public listening station will also be provided at the Pacific Council office.

    Council address: Pacific Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Kit Dahl, Pacific Council; telephone: (503) 820-2422.

    SUPPLEMENTARY INFORMATION:

    During this work session, the EWG will discuss finalizing its report for the Council's September 2015 meeting in Sacramento, California. The Council has asked for an EWG report on two draft Fishery Ecosystem Plan (FEP) initiatives: An initiative for a coordinated review of the indicators used in the annual National Marine Fisheries Service's California Current Ecosystem Status Report; and an initiative on the potential multi-fisheries and multi-species effects of short-term climate shift and long-term climate change. Other topics may include one or more of the Council's scheduled Administrative Matters. Public comments during the webinar will be received from attendees at the discretion of the EWG Chair.

    Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2280, extension 425 at least 5 days prior to the meeting date.

    Dated: July 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18249 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE052 North Pacific Fishery Management Council; Public Meeting; Cancellation AGENCY:

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

    ACTION:

    Notice of cancellation of a public meeting.

    SUMMARY:

    The North Pacific Fishery Management Council's Legislative Committee is cancelling the teleconference meeting scheduled for August 4, 2015, from 1 to 5 p.m. See SUPPLEMENTARY INFORMATION.

    DATES:

    The meeting was scheduled for August 4, 2015.

    ADDRESSES:

    North Pacific Fishery Management Council, 605 W 4th Avenue, Suite 306 Anchorage, AK 99501-2252.

    FOR FURTHER INFORMATION CONTACT:

    Chris Oliver, Executive Director; telephone: (907) 271-2809.

    SUPPLEMENTARY INFORMATION:

    The meeting notice published on July 17, 2015 (80 FR 42479). Please call the North Pacific Fishery Management Council at (907) 271-2809 for any questions.

    Dated: July 22, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18326 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE067 Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.

    DATES:

    The meetings will be held Monday, August 10, 2015 through Thursday, August 13, 2015. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will be held at: Holiday Inn Midtown, 440 West 57th St., New York, NY 10019; telephone: (212) 581-8100

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D. Executive Director, Mid-Atlantic Fishery Management Council; telephone: (302) 526-5255. The Council's Web site, www.mafmc.org also has details on the meeting location, proposed agenda, webinar listen-in access, and briefing materials.

    SUPPLEMENTARY INFORMATION:

    The following items are on the agenda, though agenda items may be addressed out of order (changes will be noted on the Council's Web site when possible.)

    Monday, August 10, 2015 10 a.m.-4 p.m. Ecosystem and Ocean Planning Committee —Review input from Advisory Panel on draft habitat policy documents —Provide comment/revisions to draft documents l—Other general Committee updates Tuesday, August 11, 2015 9 a.m.-10 a.m. Executive Committee l—Discuss possible framework related to Council risk policy and harvest control rules. 10 a.m. Council Convenes 10 a.m.-10:30 a.m. Swearing in of New Council Members and Election of Officers 10:30 a.m.-11:45 a.m. Industry Observer Amendment l—Review Amendment development and analyses l—Approve alternative range for completion of draft Environmental Assessment 11:45 a.m.-12 p.m. Special Award 1 p.m.-2 p.m. Blueline Tilefish Action l—Review scoping comments and approve plan of action 2 p.m.-2:30 p.m. Electronic For-Hire Vessel Trip Report Contract—Andy Loftus l—Review findings and consider next steps 2:30 p.m. Council Meeting With the Atlantic States Marine Fisheries Commission's Bluefish Board 2:30 p.m.-5 p.m. Bluefish Specifications l—Review SSC, Bluefish Monitoring Committee, and Advisory Panel recommendations regarding 2016, 2017, and 2018 harvest levels and associated management measures l—Adopt recommendations for 2016, 2017, and 2018 harvest levels and associated management measures Wednesday, August 12th 9 a.m. Council Meeting With the Atlantic States Marine Fisheries Commission's Summer Flounder, Scup and Black Sea Bass Board 9 a.m.-11:30 a.m. Summer Flounder Specifications —Review SSC, Summer Flounder Monitoring Committee, and Advisory Panel recommendations for 2016, 2017, and 2018 —Adopt recommendations for 2016, 2017, and 2018 commercial and recreational harvest levels and commercial management measures —Update on ASMFC activities regarding summer flounder 11:30 a.m.-12 p.m. Summer Flounder Amendment —Update on amendment progress and action plan —Discussion of FMP Goals and Objectives (with Fisheries Forum staff) 1 p.m.-3 p.m. Black Sea Bass Specifications —Review SSC, Black Sea Bass Monitoring Committee, and Advisory Panel recommendations for 2016 and 2017 —Adopt recommendations for 2016 and 2017 commercial and recreational harvest levels and commercial management measures 3 p.m.-4:30 p.m. Scup Specifications —Review SSC, Scup Monitoring Committee, and Advisory Panel recommendations for 2016, 2017 and 2018 —Adopt recommendations for 2016, 2017, and 2018 commercial and recreational harvest levels and commercial management measures 4:30 p.m.-5 p.m. Scup Amendment —Discuss development and scoping Thursday, August 13th 9 a.m. Council Convenes 9 a.m.-1 p.m. Business Session Organization Reports —NMFS Greater Atlantic Regional Office —NMFS Northeast Fisheries Science Center —NOAA Office of General Counsel —NOAA Office of Law Enforcement —U.S. Coast Guard —Atlantic States Marine Fisheries Commission Liaison Reports —New England Council —South Atlantic Council Executive Director Report, Chris Moore Science Report, Rich Seagraves Committee Reports —Ecosystem and Ocean Planning —SSC Continuing and New Business

    Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.

    Dated: July 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18248 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE050 Fisheries of the South Atlantic; Southeast Data, Assessment and Review (SEDAR); Procedural Workshop 7 To Develop Best Practice Recommendations for SEDAR Data Workshops AGENCY:

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

    ACTION:

    Notice of SEDAR Procedural Workshop 7: SEDAR Data Best Practices post-workshop webinar #2.

    SUMMARY:

    A post workshop webinar #2 will be held, if necessary, following the June 22-26, 2015 SEDAR Procedural Workshop 7 in Atlanta, GA. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR Procedural Workshop 7 post-workshop webinar #2 will be held, if necessary, on Monday, August 10, 2015 from 10 a.m. until 12 p.m. The established times may be adjusted as necessary to accommodate the timely completion of discussion relevant to procedural workshop. Such adjustments may result in the meeting being extended from, or completed prior to the time established by this notice.

    ADDRESSES:

    The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julia Byrd at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Julia Byrd, SEDAR Coordinator, phone: (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a three step process including: (1) Data Workshop; (2) Assessment Process utilizing workshops and webinars; and (3) Review Workshop.

    SEDAR also coordinates procedural workshops which provide an opportunity for focused discussion and deliberation on topics that arise in multiple assessments. They are structured to develop best practices for addressing common issues across assessments. The seventh procedural workshop will develop best practice recommendations for SEDAR Data Workshops.

    Workshop objectives include developing an inventory of common or recurring data and analysis issues from SEDAR Data Workshops; documenting how the identified data and analysis issues were addressed in the past and identifying potential additional methods to address these issues; developing and selecting best practice procedures and approaches for addressing these issues in future, including procedures and approaches to follow when deviating from best practice recommendations; and identifying process to address future revision and evaluation of workshop recommendations, considering all unaddressed data and analysis issues. The post- workshop webinar #2 will be held, if necessary, to finalize best practice recommendations from the workshop.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SEDAR office (see ADDRESSES) at least 10 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Dated: July 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18247 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE051 Western Pacific Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will convene a Tier 3 Stock Assessment Panel Review of the draft Stock Assessment Updates for the Bottomfish Management Unit Species of American Samoa, Guam and Commonwealth of Northern Mariana Islands (CNMI) in 2015 Using Data through 2013. The Review Panel will review the soundness and reliability of the stock assessment results and conclusions for management use. The Council's Scientific and Statistical Committee will hold its 120th meeting to deliberate the results of the Tier 3 review and receive a presentation on the final stock assessment update as revised based on the Tier 3 panel recommendations. The SSC will make its determination of best available scientific information for the Council to consider in specifying Annual Catch Limits for the Territorial bottomfish fisheries. The Council will also convene a meeting of the Risk of Overfishing (denoted by P*) Working Group (P* WG) for the American Samoa, Guam and CNMI Bottomfish Fishery. The P* WG will review the P* dimensions and criteria, provide new scores (as appropriate), and recommend appropriate risk of overfishing levels. This will be the basis for the specification of Acceptable Biological Catch (ABC) levels for the Scientific and Statistical Committee (SSC) to consider at its 121st meeting.

    DATES:

    The Tier 3 Stock Assessment Peer-Review Panel will be on August 11 to 12, 2015. The 120th SSC meeting will be on September 16, 2015. The P* WG meeting will be on September 23 to 24, 2015. For specific times and agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The Tier 3 Stock Assessment Peer-Review Panel, P* WG meeting and 120th SSC meeting will be held at the Council office, 1164 Bishop Street, Suite 1400, Honolulu, HI 96813; telephone (808) 522-8220. WebEx and teleconference facilities will be provided for the P* WG meeting and the 120th SSC meeting for participants from American Samoa, Guam, and CNMI. The teleconference numbers are: U.S. toll-free: 1-888-482-3560 or International Access: +1 647 723-3959, and Access Code: 5228220; The web conference can be accessed at https://wprfmc.webex.com/join/info.wpcouncilnoaa.gov.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director; telephone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Schedule and Agenda for the Tier 3 Stock Assessment Panel Review August 11, 2015—9 a.m.-4 p.m. 1. Introduction 2. Background information A. Objectives and Terms of Reference B. Fishery Operation C. Management 3. Review of Stock Assessment Update 4. Questions to presenters 5. Panel discussions (closed) August 12, 2015—9 a.m.-4 p.m. 6. Panel discussions, continued (closed) 7. Present results of review and recommendations 8. Adjourn Schedule and Agenda for the 120th SSC Meeting September 16, 2015—1 p.m.-5 p.m. 1. Introductions 2. Approval of Draft Agenda and Assignment of Rapporteurs 3. Insular Fisheries A. Report on the Tier 3 Panel Review of the Bottomfish Stock Assessment Updates for American Samoa, Guam, and CNMI B. Report on the final Bottomfish Stock Assessment Updates for American Samoa, Guam, and CNMI C. Public Comment D. SSC Discussion and Recommendations 4. Other Business A. 121st SSC Meeting 5. Summary of SSC Recommendations to the Council Schedule and Agenda for the P* Working Group Meeting September 23, 2015—1 p.m.-5 p.m. 1. Introductions 2. Recommendations from previous Council meetings 3. Overview of the P* process 4. State of the Science for the Territory Bottomfish A. Report on the Tier 3 panel review comments B. Report on 2015 draft Territorial Bottomfish stock assessment updates 5. Review of the P* Dimensions and Criteria A. Assessment information B. Uncertainty characterization C. Stock status D. Productivity and susceptibility 6. Public comment September 24, 2015—1 p.m.-5 p.m. 7. Working group re-scoring session A. Assessment information B. Uncertainty characterization C. Stock status D. Productivity and susceptibility 8. Discussion on potential changes to the P* dimensions and criteria 9. General Discussion 10. Public comment 11. Summary of scores and P* recommendations

    Although non-emergency issues not contained in this agenda may come before these groups for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 22, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18322 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE066 Gulf of Mexico Fishery Management Council (Council); Public Meeting AGENCY:

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

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The Gulf of Mexico Fishery Management Council (GMFMC) will hold meetings of the: Joint Administrative Policy and Budget/Personnel, Mackerel, Shrimp, Data Collection, and Reef Fish Management Committees; in conjunction with a meeting of the Full Council. The Council will also hold a formal public comment session.

    DATES:

    The Council meeting will be held August 10-13, 2015. The meeting will begin at 8:30 a.m. on Monday, August 10, 2015 and recess at 5 p.m. The meeting will reconvene at 8:30 a.m. on Tuesday, August 11, 2015 and recess at 5 p.m. The meeting will reconvene at 8:30 a.m. on Wednesday, August 12, 2015 and recess at 5:30 p.m. The meeting will convene on the final day at 8:30 a.m. on Thursday, August 13, 2015 and adjourn by 3 p.m. or when business is complete.

    ADDRESSES:

    Meeting address: The meeting will be held at the Hilton Riverside hotel, Two Poydras Street, New Orleans, LA 70130; telephone: (504) 561-0500.

    Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Douglas Gregory, Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348-1630; fax: (813) 348-1711; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Council items of discussion for each individual management committee, and Council's agenda are as follows:

    Monday, August 10, 2015, 8:30 a.m., Until 5 p.m. 8:30 a.m.-12 noon: Joint Administrative Policy and Budget/Personnel Committees • Discuss Combining Administrative Policy and Budget/Personnel Committees • Discuss Historical Performance of Council Scoping Meetings • Review of Advisory Panel (AP) Staggered Terms • Discuss Procedures for AP Appointments and Fishing Violations • Review of Statement Organization Practices and Procedures (SOPPs) Revisions • Review of Magnuson-Stevens Act (MSA) Reauthorization Bills • Discuss Recent NOAA Essential Fish Habitat (EFH) 5-year Review Budget Enhancement —Recess— 1:30 p.m.-3 p.m.: Mackerel Management Committee • Joint Draft Options Paper for Coastal Migratory Pelagics (CMP) Amendment 26: Modifications to Allocations, Stock Boundaries, and Sale Provisions for Gulf of Mexico and Atlantic Migratory Groups of King Mackerel. • Options Paper for CMP Amendment 28: Separating Permits for Gulf of Mexico and Atlantic Migratory Groups of King Mackerel and Spanish Mackerel. 3 p.m.-4 p.m.: Shrimp Management Committee • Draft Options Paper for Shrimp Amendment 17—Addressing the Expiration of the Shrimp Permit Moratorium • Other Business—Update on Changes in Turtle Excluder Devices (TED) Regulations in Louisiana 4 p.m.-5 p.m.: Data Collection Management Committee • Review of Public Hearing Draft—Joint Electronic Charter Vessel Reporting Amendment —Adjourn for the day— Tuesday, August 11, 2015, 8:30 a.m. Until 5 p.m. 8:30 a.m.-5 p.m.: Reef Fish Management Committee • Review Public Hearing Draft Amendment 39—Regional Management of Recreational Red Snapper • Updated Options Paper—Framework Action to Set Gag Recreational Season and Gag and Black Grouper Minimum Size Limits • Final Action—Amendment 28—Red Snapper Allocation • Final Action—Framework Action to Allow NMFS to Withhold a Portion of the Commercial Red Snapper Quota in 2016 • Draft Framework Action—Modify Gear Restrictions for Yellowtail Snapper • Options Paper—Amendment 42—Federal Reef Fish Headboat Management • Options Paper—Amendment 41—Federal Charter-for-Hire Red Snapper Management • Discussion—Ad Hoc Private Recreational Advisory Panel —Adjourn for the day— Wednesday, August 12, 2015, 8:30 a.m. Until 11 a.m.: Council Session • Call to Order, Announcements, and Introductions • Induction of New Council Members • Adoption of Agenda, Approval of Minutes, and Review of Exempted Fishing Permits (EFPs) Applications—Lionfish Trap Proposal • Summary of the Council Coordination Committee meeting • Review of White Paper Evaluating Potential Artificial Reef Siting Criteria in the Gulf of Mexico • Receive committee report from the Joint Administrative Policy and Budget/Personnel Management Committee —Recess—

    The Council will receive public testimony from 1 p.m.-5:30 p.m.:

    • Final Action on Reef Fish Amendment 28—Red Snapper Allocation • Final Action on Red Snapper Commercial Quota Retention for 2016 • Open Testimony on any Other Fishery Issues or Concerns

    People wishing to speak before the Council should complete a public comment card prior to the comment period.

    —Adjourn for the day— Thursday, August 13, 2015, 8:30 a.m.-3 p.m.: Council Session • The Council will receive reports from the Mackerel, Shrimp, Reef Fish, and Data Collection Management Committees • Vote on Exempted Fishing Permits (EFPs), if any • Other Business • Election of Chair and Vice Chair —Meeting Adjourns—

    The timing and order in which agenda items are addressed may change as required to effectively address the issue. The latest version will be posted on the Council's file server, which can be accessed by going to the Council's Web site at http://www.gulfcouncil.org and clicking on FTP Server under Quick Links. For meeting materials, select the “Briefing Books/Briefing Book 2015-08” folder on Gulf Council file server. The username and password are both “gulfguest”. The meetings will be webcast over the internet. A link to the webcast will be available on the Council's Web site, http://www.gulfcouncil.org.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Gulf Council Office (see ADDRESSES), at least 5 working days prior to the meeting.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18253 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE049 Fisheries of the South Atlantic; South Atlantic Fishery Management Council (SAFMC); Public Meetings AGENCY:

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

    ACTION:

    The South Atlantic Fishery Management Council (Council) will hold a public scoping meeting for Amendment 37 and Regulatory Amendment 23 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region.

    SUMMARY:

    The Council will hold a scoping meeting via webinar on August 10, 2015 to solicit public input on management actions affecting the snapper grouper fishery.

    Snapper Grouper Amendment 37 (Hogfish)

    The Florida Fish and Wildlife Conservation Commission completed a stock assessment for hogfish in 2014 with data through 2012 (SEDAR 37 2014). The assessment took into account recent genetic evidence indicating that hogfish in the South Atlantic comprise two distinct stocks: Georgia through North Carolina (GA-NC) and Florida Keys & East Florida (FLK/EFL). Each assessment was then evaluated with regard to fishing level recommendations. The Council's Scientific and Statistical Committee developed catch level recommendations for the GA-NC stock using the Only Reliable Catch Stocks (ORCS) approach, as outlined in Level 4 of the Council's Acceptable Biological Catch (ABC) control rule. This approach is applied when there are not sufficient data on a stock or species to conduct a formal stock assessment. Consequently the approach relies only on landings data. For the FLK/EFL stock, the SSC considered the stock assessment to represent the best available science and recommended it for use in management. The assessment results indicate the FLK/EFL stock is undergoing overfishing and is overfished and, therefore, in need of a rebuilding plan.

    Amendment 37 would address specifying the boundary between the FLK/EFL stock, managed by the South Atlantic Council, and the West Florida stock, managed by the Gulf of Mexico Council. This demarcation is necessary to manage the stocks separately and to aid in enforcing regulations. Amendment 37 also includes actions to specify Acceptable Biological Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), and Optimum Yield (OY) for both the NC-GA and FLK/EFL stocks, establish a rebuilding plan for the FLK/EFL stock, and implement or modify management measures for both stocks to attain the desired level of harvest.

    Snapper Grouper Regulatory Amendment 23 (Golden Tilefish, Black Sea Bass and the Jacks Complex)

    Regulatory Amendment would include actions pertaining to management of the commercial golden tilefish fishery, recreational management measures for black sea bass, and commercial management measures for the Jacks Complex. The Council has indicated that the following items should be included in the amendment: (1) Modification to the fishing year start date for the hook-and-line component of the commercial golden tilefish fishery; (2) establishment of a commercial trip limit for the Jacks Complex; and (3) adjustment to the bag limit for black sea bass.

    DATES:

    The scoping webinar will be held on Monday, August 10, 2015, beginning at 6 p.m. Registration is required. Information for registration, along with copies of the Scoping Documents for each amendment will be posted on the Council's Web site at www.safmc.net as it becomes available.

    ADDRESSES:

    South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Myra Brouwer, Fishery Biologist, SAFMC; phone: (843) 571-4366 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    During the Webinar, Council staff will present an overview of each amendment and answer questions. Written comments may be mailed to Bob Mahood, Executive Director, SAFMC (see ADDRESSES); emailed to [email protected] (please indicate appropriate amendment in subject line); or faxed (see ADDRESSES). Comments on Amendment 37 and Regulatory Amendment 23 will be accepted until 5 p.m. on August 17, 2015.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 3 days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Dated: July 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18265 Filed 7-24-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD-2015-OS-0070] Privacy Act of 1974; System of Records AGENCY:

    Office of the Secretary of Defense, DoD.

    ACTION:

    Notice to alter a System of Records.

    SUMMARY:

    The Office of the Secretary of Defense proposes to alter a system of records, DWHS E01 DoD, entitled “DoD Federal Docket Management System (DoD FDMS).” The purpose of this system of records is to permit the Department of Defense to identify individuals who have submitted comments in response to DoD rule making documents or notices so that communications or other actions, as appropriate and necessary, can be effected, such as a need to seek clarification of the comment, a direct response is warranted, and for such other needs as may be associated with the rule making or notice process.

    DATES:

    Comments will be accepted on or before August 26, 2015. This proposed action will be effective the date following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    * Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Cindy Allard, Chief, OSD/JS Privacy Office, Freedom of Information Directorate, Washington Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, or by phone at (571) 372-0461.

    SUPPLEMENTARY INFORMATION:

    The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at the Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/.The proposed system report, as required by U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on July 17, 2015, to the House Committee on Oversight and Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: July 21, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. DWHS E01 DoD System name:

    DoD Federal Docket Management System (DoD FDMS) (March 17, 2014, 79 FR 14677)

    Changes:

    Delete entry and replace with “DCMO 01 DoD”

    System location:

    Delete entry and replace with “Primary: U.S. Environmental Protection Agency, Research Triangle Park, Durham, NC 27711-0001.

    Secondary locations:

    Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Washington Headquarters Services, Executive Services Directorate, Directives Division, 4800 Mark Center Drive, Alexandria, VA 22350-3100.

    Defense Acquisition Regulation Systems, 241 18th Street, Suite 200A, Arlington, VA 22202-3409.

    United States Army Corps of Engineers, 441 G Street, Northwest, 3G81, Washington, DC 20314-1000.

    Records also may be located in a designated office of the DoD Component that is the proponent of the rule making or notice. The official mailing address for the Component can be obtained from the DoD FDMS system manager.”

    Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    Delete entry and replace with “In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, the records contained herein may specifically be disclosed outside the DoD as a routine use pursuant to 552a(b)(3) as follows:

    Congressional Inquiries Disclosure Routine Use:

    Disclosure from a system of records maintained by a DoD Component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

    Disclosure to the Department of Justice for Litigation Routine Use:

    A record from a system of records maintained by a DoD Component may be disclosed as a routine use to any component of the Department of Justice for the purpose of representing the Department of Defense, or any officer, employee or member of the Department in pending or potential litigation to which the record is pertinent.

    Disclosure of Information to the National Archives and Records Administration Routine Use:

    A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

    Data Breach Remediation Purposes Routine Use:

    A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defense (OSD) compilation of systems of records notices may apply to this system. A complete list of DoD blanket routine uses can be found online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx_.

    System Manager(s) and Address:

    Delete entry and replace with “Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.”

    Notification Procedure:

    Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Requests should contain full name, address, and telephone number.

    Note:

    FDMS permits an individual, as well as a member of the public, to search the public comments received by the name of the individual submitting the comment. Unless the individual submits the comment anonymously, a name search will result in the comment being displayed for view. If the comment is submitted electronically using the FDMS system, the viewed comment will not include the name of the submitter or any other identifying information about the individual except that which the submitter has opted to include as part of his or her general comments. However, a comment submitted in writing that has been scanned and uploaded into the FDMS system will display the submitter's identifying information that has been included as part of the written correspondence.”

    [FR Doc. 2015-18266 Filed 7-24-15; 8:45 am] BILLING CODE 5001-06-P
    DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sunshine Act Notice AGENCY:

    Defense Nuclear Facilities Safety Board.

    ACTION:

    Notice of public hearing and meeting.

    SUMMARY:

    Pursuant to the provisions of the Government in the Sunshine Act, notice is hereby given of the Defense Nuclear Facilities Safety Board's (Board) public meeting and hearing described below. The Board invites any interested persons or groups to present any comments, technical information, or data concerning safety issues related to the matters to be considered.

    DATES:

    Session I (Hearing): 5:00 p.m.-7:30 p.m., Session II (Meeting): 8:00 p.m.-9:30 p.m., August 26, 2015.

    ADDRESSES:

    Three Rivers Convention Center, 7016 West Grandbridge Boulevard, Kennewick, Washington 99352.

    Status: Open. The Board has determined that an open meeting furthers the public interest underlying both the Government in the Sunshine Act and the Board's enabling legislation. The proceeding is being noticed as both a meeting under the Government in the Sunshine Act and a hearing under the Board's enabling legislation. At the conclusion of Session II, the Board is expected to deliberate and then potentially vote on a staff proposal. Deliberations and voting will proceed in accordance with the Board's operating procedures concerning the conduct of meetings.

    Matters To Be Considered: In the Session I hearing, the Board will receive testimony from senior officials from the Department of Energy (DOE) Headquarters, from the Manager for DOE's Office of River Protection (ORP), and from the Federal Project Director for the Waste Treatment and Immobilization Plant (WTP) regarding the current status of DOE efforts to improve safety culture at WTP. The Board will consider several topics related to safety culture. DOE's Office of Independent Enterprise Assessment will be given the opportunity to discuss the concerns identified in the WTP independent safety culture assessments. DOE's Office of Environmental Management and ORP are expected to discuss actions to strengthen and sustain a healthy safety culture at WTP. Testimony will also address actions taken by DOE to assess the effectiveness of their improvements in safety culture and the tools being used to track future progress. After a brief recess, the Board will convene the Session II meeting. The Board will receive testimony from a senior Board technical staff employee concerning DOE's efforts to improve safety culture at WTP and a staff proposal for possible approaches to closing Recommendation 2011-1, Safety Culture at the Waste Treatment and Immobilization Plant. The Board is then expected to conduct deliberations concerning the staff's proposal.

    FOR FURTHER INFORMATION CONTACT:

    Mark Welch, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 700, Washington, DC 20004-2901, (800) 788-4016. This is a toll-free number.

    SUPPLEMENTARY INFORMATION:

    Public participation in the hearing and meeting is invited. The Board is setting aside time in each Session for presentations and comments from the public. Requests to speak may be submitted in writing or by telephone. The Board asks that commenters describe the nature and scope of their oral presentations. Those who contact the Board prior to close of business on August 21, 2015, will be scheduled to speak at the Session most relevant to their presentations. At the beginning of Session I, the Board will post a schedule for speakers at the entrance to the hearing room. Anyone who wishes to comment or provide technical information or data may do so in writing, either in lieu of, or in addition to, making an oral presentation. The Board Members may question presenters to the extent deemed appropriate. Documents will be accepted at the hearing or may be sent to the Board's Washington, DC office. The Board will hold the hearing record open until September 26, 2015, for the receipt of additional materials. The meeting record will close when the meeting adjourns. The hearing and meeting will be presented live through Internet video streaming. A link to the presentation will be available on the Board's Web site (www.dnfsb.gov). A transcript of the hearing and meeting, along with a DVD video recording, will be made available by the Board for inspection and viewing by the public at the Board's Washington office and at DOE's public reading room at the DOE Federal Building, 1000 Independence Avenue SW., Washington, DC 20585. The Board specifically reserves its right to further schedule and otherwise regulate the course of the hearing and meeting, to recess, reconvene, postpone, or adjourn the hearing and meeting, conduct further reviews, and otherwise exercise its power under the Atomic Energy Act of 1954, as amended.

    Dated: July 22, 2015. Jessie H. Roberson, Vice Chairman.
    [FR Doc. 2015-18405 Filed 7-23-15; 11:15 am] BILLING CODE 3670-01-P
    DEPARTMENT OF EDUCATION [Docket ID ED-2015-OESE-0047] Final Waiver and Extension of the Project Period; Territories and Freely Associated States Education Grant Program [Catalog of Federal Domestic Assistance (CFDA) Number: 84.256A.] AGENCY:

    Office of Elementary and Secondary Education, Department of Education.

    ACTION:

    Final waiver and extension of the project period.

    SUMMARY:

    For the 36-month projects funded in fiscal year (FY) 2012 under the Territories and Freely Associated States Education Grant (T&FASEG) program, the Secretary waives the requirement that prohibits the extension of project periods involving the obligation of additional Federal funds. The Secretary also extends the project period of these grants for up to an additional 24 months. The waiver and extension enables the five current T&FASEG grantees to continue to receive Federal funding annually for project periods through FY 2016 and possibly through FY 2017. In addition, during this period, the Pacific Regional Educational Laboratory (Pacific REL) will continue to receive funds set aside for technical assistance under the T&FASEG program. Further, the waiver and extension mean that we will not announce a new competition or make new awards in FY 2015.

    DATES:

    The waiver and extension of the project period are effective July 27, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Collette Fisher. Telephone: (202) 401-0039 or by email at: [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 April 23, 2015, we published a notice in the Federal Register (80 FR 22729) proposing an extension of the project period for up to an additional 24 months and a waiver of the requirement in 34 CFR 75.261(c)(2) that prohibits the extension of project periods involving the obligation of additional Federal funds in order to—

    (1) Enable the five current T&FASEG grantees to continue to receive Federal funding annually for project periods through FY 2016 and possibly through FY 2017; and

    (2) Allow the Pacific REL to continue to receive funds set aside for technical assistance under the T&FASEG program.

    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 notice of proposed waiver and extension of the project period, we received two comments.

    Analysis of Comments and Changes: An analysis of the comments received in response to the proposed waiver and extension of the project period follows.

    Comments: The comments expressed support for the proposed waiver and extension of the project period. The commenters supported a continuation of service that allows for sustaining the work of the grant projects and building upon current services that have improved schools and local educational agency (LEA) infrastructure.

    Discussion: We appreciate the commenters' support and note the importance of the assistance provided by the T&FASEG program to the five current grantees in the U.S. Territories and the Republic of Palau for teacher training, curriculum development, and general school improvement and reform. We agree that it would be more effective to maintain the continuity of current projects without disruption than to hold a new competition at this time.

    Changes: None.

    Background

    The T&FASEG program is authorized under section 1121(b) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). Under this program, the Secretary is authorized to award grants, on a competitive basis, to LEAs in the U.S. Territories—American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands—and one eligible Freely Associated State, the Republic of Palau. Through these grants, the T&FASEG program supports projects to raise student achievement through direct educational services.

    T&FASEG program grant funds may be used for activities authorized under the ESEA, including teacher training, curriculum development, development or acquisition of instructional materials, and general school improvement and reform. More specifically, under the T&FASEG program, grant funds may be used to—

    (a) Conduct activities consistent with the programs described in the ESEA, including the types of activities authorized under—

    (1) Title I—Improving the Academic Achievement of the Disadvantaged;

    (2) Title II—Preparing, Training, and Recruiting Highly-Quality Teachers and Principals;

    (3) Title III—Language Instruction for Limited English Proficient and Immigrant Students;

    (4) Title IV—21st Century Schools; and

    (5) Title V—Promoting Informed Parental Choice and Innovative Programs; and

    (b) Provide direct educational services that assist all students with meeting challenging State academic content standards.

    In addition, section 1121(b)(3)(d) of the ESEA authorizes the Secretary to provide up to five percent of the amount reserved for T&FASEG program grants to pay the administrative costs of the Pacific REL, which provides technical assistance to grant recipients regarding the administration and implementation of their projects.

    On April 30, 2012, we published in the Federal Register (77 FR 25452) a notice inviting applications for new awards under the FY 2012 T&FASEG program competition (2012 Notice Inviting Applications).

    In FY 2012, the Department made three-year awards to five T&FASEG projects. The project period for these T&FASEG program grants is currently scheduled to end on September 30, 2015.

    We have concluded that it is not in the public interest to incur a disruption in the services associated with holding a new T&FASEG competition in FY 2015. Rather, it will be more effective to maintain the continuity of current projects by allowing grantees the opportunity to continue to provide high-quality direct educational services in support of the Secretary's priorities to students and teachers in the U.S. Territories and the Republic of Palau without interruption. Consistent with the scope, goals, and objectives of the current projects, grantees will continue to support initiatives on standards and assessments, effective teachers and leaders, and projects that are designed to improve student achievement or teacher effectiveness through the use of high-quality digital tools or materials. Such initiatives and projects include preparing teachers to use technology to improve instruction, as well as developing, implementing, and evaluating digital tools and materials. Moreover, we believe that a longer project period will better enable grantees to carry out project objectives and anticipate providing for longer project periods in future competitions. Additionally, given that all eligible applicants currently receive grant awards under the T&FASEG program, this waiver and extension will have limited impact on those entities.

    For these reasons, for the five current T&FASEG grant recipients, the Secretary waives the requirement in 34 CFR 75.261(c)(2), which prohibits the extension of project periods involving the obligation of additional Federal funds, and extends the project period for these grant recipients for up to 24 months. This will allow the grantees to continue to receive Federal funding annually for project periods through FY 2016 and possibly FY 2017.

    We will fund the extended project period by using funds Congress appropriates under the current statutory authority, including FY 2014 funds available for awards made in FY 2015 and, if the grants are extended for two years, FY 2015 funds available for awards made in FY 2016.

    Under this waiver and extension of the project period—

    (1) Current grantees will be authorized to receive T&FASEG continuation awards annually for up to two years through FY 2017;

    (2) We will not announce a new T&FASEG competition or make new T&FASEG grant awards in FY 2015;

    (3) During the extension period, any activities carried out would be consistent with, or a logical extension of, the scope, goals, and objectives of each grantee's approved application from the 2012 T&FASEG program competition;

    (4) The requirements established in the program regulations and the 2012 Notice Inviting Applications will continue to apply to each grantee that receives a continuation award; and

    (5) All requirements applicable to continuation awards for current T&FASEG grantees and the requirements in 34 CFR 75.253 will apply to any continuation awards received by current T&FASEG grantees.

    We will make decisions regarding annual continuation awards based on grantee performance as demonstrated through program narratives, budgets and budget narratives, and performance reports, and based on the regulations in 34 CFR 75.253. We intend to award continuation grants based on information provided to us annually by each grantee, indicating that it is making substantial progress performing its T&FASEG program activities based on substantial performance and progress.

    Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the activities required to support additional years of funding will not have a significant economic impact on a substantial number of small entities. The only entities that will be affected by this waiver and extension are the five current T&FASEG program grantees receiving Federal funds. There are no other potential applicants.

    The Secretary certifies that this 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

    This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program.

    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 the contact person 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 the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Delegation of Authority: The Secretary of Education has delegated authority to Ann Whalen, Senior Advisor to the Secretary, to perform the functions and duties of the Assistant Secretary for the Office of Elementary and Secondary Education.

    Program Authority:

    20 U.S.C. 6331.

    Dated: July 22, 2015. Ann Whalen, Senior Advisor to the Secretary.
    [FR Doc. 2015-18414 Filed 7-24-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 803-106] Pacific Gas and Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Application: Application for Temporary Variance of Minimum Flow Requirements.

    b. Project No.: 803-106.

    c. Date Filed: June 25, 2015.

    d. Applicant: Pacific Gas and Electric Company (licensee).

    e. Name of Project: DeSabla-Centerville Project.

    f. Location: Butte Creek, West Branch Feather River, and tributaries in Butte County, California.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: Mr. Matthew Joseph, License Coordinator, Pacific Gas and Electric Company, Mail Code: N13E, P.O. Box 770000, San Francisco, CA 94177, Phone: (415) 973-8616.

    i. FERC Contact: Mr. John Aedo, (415) 369-3335, or [email protected].

    j. Deadline for filing comments, motions to intervene, protests, and recommendations is 15 days from the issuance date of this notice by the Commission (August 5, 2015). The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project numbers (P-803-106) on any comments, motions to intervene, protests, or recommendations filed.

    k. Description of Request: The licensee requests a temporary variance of the minimum flow requirements in the West Branch Feather River below Hendricks Head Dam (gage BW40) and in Butte Creek below Butte Head Dam (gage BW98). The licensee requests that the instantaneous dry year minimum flow requirement of 7 cubic feet per second (cfs) at both locations be temporarily modified to a 7 cfs, 48-hour average minimum flow. The licensee states that the temporary variance would eliminate the need to release additional buffer flows of 4 to 5 cfs and instead, allocate those flows to the lower reaches of Butte Creek, where spring-run Chinook salmon are currently holding. The licensee requests the variance until the natural resource agencies determine that it is no longer necessary to support the spring-run Chinook salmon.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of proposed action. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: July 21, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-18300 Filed 7-24-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-527-000] Transcontinental Gas Pipe Line Company, LLC; Notice of Application

    Take notice that on July 8, 2015, Transcontinental Gas Pipe Line Company, LLC (Transco), filed in Docket No. CP15-527-000 an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA) requesting authorization to construct and operate its New York Bay Expansion Project. Transco proposes to: (i) Add a total of 15,740 horsepower at three existing compressor stations in Middlesex and Essex Counties, New Jersey and Chester County, Pennsylvania; (ii) modify three meter and regulating stations in Middlesex County, New Jersey, Richmond County, New York, and Chester County, Pennsylvania; (iii) replace approximately 0.25 miles of pipe in Middlesex County, New Jersey; and (iv) install related appurtenances. The project is designed to deliver 115,000 dekatherms per day of firm transportation capacity to Brooklyn Union Gas Company, d/b/a National Grid NY in New York City. Transco estimates the cost of the project to be approximately $112 million, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions concerning these applications may be directed to Marg Camardello, Regulatory Analyst, Lead, Transcontinental Gas Pipe Line Company, LLC, P.O. Box 1396, Houston, Texas 77251-1396, by telephone at (713) 215-3380.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit seven copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on July August 11, 2015.

    Dated: July 21, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-18297 Filed 7-24-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Western Area Power Administration Pick-Sloan Missouri Basin Program—Eastern Division—Rate Order No. WAPA-170 AGENCY:

    Western Area Power Administration, DOE.

    ACTION:

    Notice of Final Transmission and Ancillary Services Formula Rates.

    SUMMARY:

    The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-170 and Rate Schedules WAUGP-ATRR, WAUGP-AS1, WAUW-AS3, WAUW-AS4, WAUW-AS5, WAUW-AS6 and WAUW-AS7. Through this notice, the Western Area Power Administration (Western), places formula transmission and ancillary services rates for Western's Pick-Sloan Missouri Basin Program—Eastern Division (P-SMBP—ED) into effect on an interim basis. The provisional rates will be in effect until the Federal Energy Regulatory Commission (FERC) confirms, approves, and places them into effect on a final basis, or until they are superseded. The provisional formula rates will provide sufficient revenue to pay all associated annual costs, including interest expense, and repay required investment within the allowable periods.

    DATES:

    Formula rates for Transmission and Ancillary Services under Rate Schedules WAUGP-ATRR, WAUGP-AS1, WAUW-AS3, WAUW-AS4, WAUW-AS5, WAUW-AS6 and WAUW-AS7 are effective on the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-Upper Great Plains Region (Western-UGP) transmission facilities to Southwest Power Pool, Inc. (SPP) and will remain in effect until September 30, 2020, pending approval by FERC on a final basis or until superseded. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Lloyd Linke, Operations Manager, Upper Great Plains Region, Western Area Power Administration, 1330 41st Street, Watertown, SD 57201; telephone: (605) 882-7500; email: [email protected]; or Ms. Linda Cady-Hoffman, Rates Manager, Upper Great Plains Region, Western Area Power Administration, 2900 4th Avenue North, Billings, MT 59101-1266; telephone: (406) 255-2920; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Western published a Federal Register Notice on November 3, 2014, (79 FR 65205) announcing the proposed formula rates for transmission service, initiating a public consultation and comment period, and setting forth the dates and locations of public information and public comment forums. Western held a public information forum in Omaha, Nebraska on November 19, 2014, and a public information forum in Fargo, North Dakota, on November 20, 2014. Western explained the proposed formula rates, answered questions, and provided Rate Brochures and presentation handouts. Western held a public comment forum in Omaha, Nebraska, on December 17, 2014, and a public comment forum in Fargo, North Dakota, on December 18, 2014. These forums provided the public with opportunity to comment for the record.

    On December 19, 2014, Western notified all P-SMBP—ED customers and interested parties of an updated Rate Brochure that was available on the Web site at www.wapa.gov/ugp/rates/default.htm. This Web site also contained information about this formula rate adjustment process.

    Western followed the Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions, 10 CFR part 903, as described above, in developing these formula rates. No individuals commented at either of the public comment forums, and Western received no comments during the consultation and comment period.

    Western-UGP has signed a Membership Agreement with SPP. Upon achieving final FERC approval of membership within SPP, Western will transfer functional control of Western-UGP's P-SMBP—ED eligible transmission facilities located in the Upper Missouri Zone (UMZ or Zone 19) to SPP. Western-UGP will then merge its Western Area Power Administration, Upper Great Plains East Balancing Authority Area (WAUE) in the Eastern Interconnection into SPP's Balancing Authority Area and place its transmission system located in the Eastern Interconnection into SPP's Integrated Marketplace. Western-UGP will retain operation of its Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW) in the Western Interconnection as the Balancing Authority, and will not place its transmission system located in the Western Interconnection into SPP's Integrated Marketplace. Even though SPP's Integrated Marketplace will not extend into the Western Interconnection, Western-UGP's eligible transmission facilities in the Western Interconnection will be included under SPP's Tariff to allow SPP to provide transmission service over all of Western-UGP's eligible transmission facilities in the UMZ regardless of whether they are located in the Eastern or Western Interconnection. The UMZ is a single SPP rate zone that includes Western-UGP's transmission facilities located in the Eastern and Western Interconnections. Therefore, one formula rate schedule WAUGP-ATRR will calculate the Annual Transmission Revenue Requirement (ATRR) for all of Western-UGP's eligible transmission facilities that are transferred to the functional control of SPP and used by SPP to provide transmission service under the SPP Tariff. For 2015, the Western-UGP estimated ATRR is $123,816,622 based on facilities that Western-UGP has proposed to be included per Attachment AI of SPP's Tariff and feedback from SPP regarding Attachment AI qualifying criteria. The list of Western-UGP facilities proposed for inclusion is available on the Web site at www.wapa.gov/ugp/rates/default.htm.

    Western-UGP has also developed a formula rate schedule WAUGP-AS1 for Scheduling, System Control, and Dispatch Service (SSCD), which will include Western-UGP's costs associated with providing this service in the UMZ, and formula rate schedules to calculate charges for ancillary services associated with WAUW. These ancillary services formula rate schedules are necessary because the Western-UGP transmission facilities in WAUW are not included within SPP's Integrated Marketplace, and SPP's standard market-based ancillary services will not be available. As a result, when SPP provides transmission service in the WAUW, the associated ancillary services will need to be provided by Western-UGP as the Balancing Authority, if it is capable of doing so. These ancillary service formula rate schedules include WAUW-AS3 for Regulation and Frequency Response Service, WAUW-AS4 for Energy Imbalance Service, WAUW-AS5 for Operating Reserve—Spinning Reserve Service, WAUW-AS6 for Operating Reserve—Supplemental Reserve Service and WAUW-AS7 for Generator Imbalance Service.

    The provisional transmission and ancillary service rate schedules contain formula-based rates that will be recalculated annually and submitted to SPP to provide and bill for services under the SPP Tariff. The formulas in these rate schedules use estimates for the upcoming year to calculate revenue requirements and have a true-up to actual costs in a subsequent year.

    By Delegation Order No. 00-037.00A, effective October 25, 2013, the Secretary of Energy delegated: (1) The authority to develop power and transmission rates to Western's Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to FERC. Existing Department of Energy procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985.

    Under Delegation Order Nos. 00-037.00A and 00-001.00E, and in compliance with 10 CFR part 903 and 18 CFR part 300, I hereby confirm, approve, and place Rate Order No. WAPA-170 and the proposed formula rates for transmission and ancillary services into effect on an interim basis. The new Rate Schedules WAUGP-ATRR, WAUGP-AS1, WAUW-AS3, WAUW-AS4, WAUW-AS5, WAUW-AS6 and WAUW-AS7 will be submitted promptly to FERC for confirmation and approval on a final basis.

    Dated: July 17, 2015. Elizabeth Sherwood-Randall, Deputy Secretary of Energy. DEPARTMENT OF ENERGY DEPUTY SECRETARY

    In the matter of: Western Area Power Administration, Rate Adjustment for the Pick-Sloan, Missouri Basin Program—Eastern Division

    Rate Order No. WAPA-170 ORDER CONFIRMING, APPROVING, AND PLACING THE PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION TRANSMISSION AND ANCILLARY SERVICES FORMULA RATES INTO EFFECT ON AN INTERIM BASIS

    These transmission and ancillary services formula rates are established in accordance with section 302 of the Department of Energy (DOE) Organization Act (42 U.S.C. 7152). This Act transferred to and vested in the Secretary of Energy the power marketing functions of the Secretary of the Department of the Interior and the Bureau of Reclamation under the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), and other Acts that specifically apply to the project involved.

    By Delegation Order No. 00-037.00A, effective October 25, 2013, the Secretary of Energy delegated: (1) the authority to develop power and transmission rates to Western's Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Federal Energy Regulatory Commission (FERC). Existing DOE procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985.

    Acronyms and Definitions

    As used in this Rate Order, the following acronyms and definitions apply:

    $/MW-year: Annual charge for capacity (i.e., $ per megawatt (MW) per year). A&GE: Administrative and General Expense. ATRR: Annual Transmission Revenue Requirement. Balancing Authority (BA): The responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balance within a designated area, and supports interconnection frequency in real-time. Balancing Authority Area: An electric system or systems, bounded by interconnection metering and telemetry, capable of controlling generation to maintain its interchange schedule with other Balancing Authorities and contributing to frequency regulation of the Interconnection. Basin Electric: Basin Electric Power Cooperative. Capacity: The electric capability of a generator, transformer, transmission circuit, or other equipment, expressed in kilowatts (kW). Corps: U.S. Army Corps of Engineers. DOE: United States Department of Energy. Eastern Interconnection: A major alternating-current electrical grid in North America. The Eastern Interconnection reaches from Central Canada eastward to the Atlantic coast (excluding Quebec), south to Florida, and back west to the foot of the Rockies (excluding most of Texas). Energy: Power produced or delivered over a period of time. Measured in terms of the work capacity over a period of time. It is expressed in kilowatt hours. Energy Imbalance Service: A service that provides energy correction for any hourly mismatch between a Southwest Power Pool Transmission Customer's energy supply and the demand served. FERC: Federal Energy Regulatory Commission. FRN: Federal Register notice. Generator Imbalance Service: A service that provides energy correction for any hourly mismatch between generator output and a delivery schedule from that generator to another Balancing Authority Area or to a load within the same Balancing Authority Area. Heartland: Heartland Consumers Power District. Integrated System (IS): Transmission system combining assets of Western-UGP, Basin Electric, and Heartland prior to Western-UGP's integration into SPP. Intermittent Resource: An electric generator that is not dispatchable and cannot store its fuel source and, therefore, cannot respond to changes in demand or respond to transmission security restraints. Kilowatt (kW): Electrical unit of capacity that equals 1,000 watts. Kilowatt hour (kWh): Electrical unit of energy that equals 1,000 watts in 1 hour. Load: The amount of electric power or energy delivered or required at any specified point(s) on a system. Megawatt (MW): The electrical unit of capacity that equals 1 million watts or 1,000 kilowatts. NEPA: National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). Open Access Same-Time Information System (OASIS): An electronic posting system that a service provider maintains for transmission access data that allows all customers to view information simultaneously. O&M: Operation and Maintenance. P-SMBP: Pick-Sloan Missouri Basin Program. P-SMBP ED: Pick-Sloan Missouri Basin Program—Eastern Division. Provisional Rate: A rate that has been confirmed, approved, and placed into effect on an interim basis by the Deputy Secretary of Energy. Rate Brochure: A document prepared for public distribution explaining the rationale and background for the rate proposal contained in this rate order. Regulation and Frequency Response Service: A service that provides for following the moment-to-moment variations in the demand or supply in a Balancing Authority Area and maintaining scheduled interconnection frequency. Reserve Services: Spinning Reserve Service and Supplemental Reserve Service. Revenue Requirement: The revenue required to recover annual expenses (such as O&M, purchase power, transmission service expenses, interest expense, and deferred expenses) and repay Federal investments, and other assigned costs. Schedule: An agreed-upon transaction size (megawatts), beginning and ending ramp times and rate, and type of service required for delivery and receipt of power between the contracting parties and the Balancing Authority(ies) involved in the transaction. Scheduling, System Control and Dispatch Service: A service that provides for (a) scheduling, (b) confirming and implementing an interchange schedule with other balancing authorities, including intermediary balancing authorities providing transmission service, and (c) ensuring operational security during the interchange transaction. Southwest Power Pool, Inc. (SPP): A Regional Transmission Organization. SPP's Integrated Marketplace (Integrated Marketplace): The SPP Energy and Operating Reserve Markets and the Transmission Congestion Rights Markets. Spinning Reserve Service: Generation capacity needed to serve load immediately in the event of a system contingency. Spinning Reserve Service may be provided by generating units that are on-line and loaded at less than maximum output. Supplemental Reserve Service: Generation capacity needed to serve load in the event of a system contingency; however, it is not available immediately to serve load but rather within a short period of time. Supplemental Reserve Service may be provided by generation units that are on-line but unloaded, by quick start generation or by interruptible load. System: An interconnected combination of generation, transmission and/or distribution components comprising an electric utility, independent power producer(s) (IPP), or group of utilities and IPP(s). SPP Tariff: Southwest Power Pool, Open Access Transmission Tariff, approved by FERC. SPP Transmission Customer: Any eligible customer (or its designated agent) that receives transmission service under the SPP Tariff. Transmission Provider: Any utility that owns, operates, or controls facilities used to transmit electric energy in interstate commerce. SPP is the Transmission Provider under the SPP Tariff. Transmission System: The facilities owned, controlled, or operated by the transmission owner or Transmission Provider that are used by the Transmission Provider to provide transmission service. Upper Missouri Zone (UMZ): Multi-owner zone in SPP in which Western-UGP will participate as a Transmission Owner; also defined as Zone 19 under the SPP Tariff. The UMZ includes transmission facilities located in both the Eastern and Western Interconnections. WAUE: Western Area Power Administration, Upper Great Plains East Balancing Authority Area. WAUE is located in the Eastern Interconnection, and will cease to exist when it is merged into the SPP Balancing Authority Area. WAUW: Western Area Power Administration, Upper Great Plains West Balancing Authority Area. WAUW is located in the Western Interconnection. Watertown Operations Office: Western Area Power Administration, Upper Great Plains Region, Operations Office, 1330 41st Street SE., Watertown, South Dakota. Western: United States Department of Energy, Western Area Power Administration. Western Interconnection: A major alternating current power grid in North America. The Western Interconnection stretches from Western Canada south to Baja California in Mexico, reaching eastward over the Rockies to the Great Plains. Western Interconnection is comprised of the states of Washington, Oregon, California, Idaho, Nevada, Utah, Arizona, Colorado, Wyoming, portions of Montana, South Dakota, Nebraska, New Mexico and Texas in the United States, the Provinces of British Columbia and Alberta in Canada, and a portion of the Comisión Federal de Electricidad's system in Baja California in Mexico. Western-UGP: United States Department of Energy, Western Area Power Administration, Upper Great Plains Region. Western-UGP is the definition for Western's Upper Great Plains Region in the SPP Tariff. Effective Date

    Rate Schedules WAUGP-ATRR, WAUGP-AS1, WAUW-AS3, WAUW-AS4, WAUW-AS5, WAUW-AS6, and WAUW-AS7 are effective on the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and will remain in effect until September 30, 2020, pending approval by FERC on a final basis or until superseded. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Public Notice and Comment

    Western followed the Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions, 10 CFR part 903, in developing these formula rates. The steps Western took to involve interested parties in the rate process were:

    1. A FRN was published on November 3, 2014, (79 FR 65205) announcing the proposed rates for transmission service, initiating a public consultation and comment period, and setting forth the dates and locations of public information and public comment forums.

    2. On November 3, 2014, Western notified all P-SMBP—ED customers and interested parties of the proposed rates and provided a copy of the published FRN.

    3. On November 19, 2014, Western held a public information forum in Omaha, Nebraska; and on November 20, 2014, Western held a public information forum in Fargo, North Dakota. Western explained the proposed rates, answered questions, and provided Rate Brochures and presentation handouts.

    4. On December 17, 2014, Western held a public comment forum in Omaha, Nebraska; and on December 18, 2014, Western held a public comment forum in Fargo, North Dakota. This provided the public with opportunity to comment for the record. No individuals commented at either of these forums.

    5. On December 19, 2014, Western notified all P-SMBP—ED customers and interested parties of an updated Rate Brochure that was available on the Web site at www.wapa.gov/ugp/rates/default.htm.

    6. Western did not receive any oral or written comments during the consultation and comment period.

    7. Western provided a Web site for information about this rate adjustment process. The Web site is located at www.wapa.gov/ugp/rates/default.htm.

    Comments

    No oral or written comments were received during the consultation and comment period.

    Project Description

    The initial stages of the Missouri River Basin Project were authorized by section 9 of the Flood Control Act of 1944 (58 Stat. 887, 890, Pub. L. 78-534). It was later renamed the P-SMBP. The P-SMBP is a comprehensive program with the following authorized functions: Flood control, navigation improvement, irrigation, municipal and industrial water development, and hydroelectric production for the entire Missouri River Basin. Multipurpose projects have been developed on the Missouri River and its tributaries in Colorado, Montana, Nebraska, North Dakota, South Dakota, and Wyoming.

    Western-UGP markets significant quantities of Federally-generated hydroelectric power from the P-SMBP—ED. This power is generated by eight power plants located in Montana, North Dakota, and South Dakota. Western-UGP owns and operates from its Watertown Operations Office an extensive system of high-voltage transmission facilities that Western-UGP uses to market approximately 2,400 MW of capacity from Federal projects within the Missouri River Basin to customers located within the P-SMBP—ED. This marketing area includes Montana, east of the Continental Divide, all of North and South Dakota, eastern Nebraska, western Iowa, and western Minnesota.

    Historically, the Western-UGP transmission facilities in the P-SMBP—ED have been integrated with transmission facilities of Basin Electric and Heartland to provide transmission services over the IS. The IS included approximately 9,848 miles of transmission lines, with transmission and ancillary services provided under Western's Open Access Transmission Tariff, and Western-UGP serving as the IS administrator. The IS included transmission facilities located in both the Eastern and Western Interconnections separated by the Miles City direct current (DC) tie and the Fort Peck Power Plant substation. Western-UGP also has operated two Balancing Authority Areas within the IS—WAUW and WAUE—that were also separated by the Miles City DC tie and the Fort Peck Power Plant substation. Western-UGP's historic rate schedules for the IS consisted of separate rates for firm and non-firm transmission service and ancillary services rates for the transmission facilities in the P-SMBP—ED.

    On November 1, 2013, Western published a Notice of Recommendation to Pursue Regional Transmission Organization Membership (78 FR 65641). Subsequently, Western-UGP has signed a Membership Agreement with SPP. Upon achieving final FERC approval of membership within SPP, Western-UGP will transfer functional control of all eligible Western-UGP P-SMBP—ED facilities in the Eastern and Western Interconnections, which include nearly 100 substations and 7,800 miles of transmission lines, to SPP. Subsequently, P-SMBP—ED transmission and ancillary services will no longer be available on the IS under Western's Open Access Transmission Tariff, but instead will be available from SPP as the Transmission Provider under SPP's Tariff.

    P-SMBP—ED Transmission and Ancillary Services Rate Study

    Existing IS Rate Schedules UGP-NT1, UGP-FPT1, UGP-NFPT1, UGP-AS1, UGP-AS2, UGP-AS3, UGP-AS4, UGP-AS5, UGP-AS6, UGP-AS7, and UGP-TSP1 were approved under Rate Order Nos. WAPA-144 and WAPA-148 for a 5-year period beginning on January 1, 2010, and ending December 31, 2014. These rates were extended through December 31, 2016, under Rate Order No. WAPA-168. When Western-UGP transfers functional control of its eligible P-SMBP—ED facilities to SPP, the existing Rate Schedules UGP-NT1, UGP-FPT1, UGP-NFPT1, UGP-AS1, UGP-AS2, UGP-AS3, UGP-AS4, UGP-AS5, UGP-AS6, UGP-AS7, and UGP-TSP1 will not be applicable.

    When Western-UGP transfers functional control of P-SMBP—ED eligible transmission facilities located in the Upper Missouri Zone (UMZ or Zone 19) to SPP, Western-UGP will merge its WAUE in the Eastern Interconnection into SPP's Balancing Authority Area and place its transmission system located in the Eastern Interconnection into SPP's Integrated Marketplace. Western-UGP will retain operation of its WAUW in the Western Interconnection as the Balancing Authority, and will not place its transmission system located in the Western Interconnection into SPP's Integrated Marketplace. Even though SPP's Integrated Marketplace will not extend into the Western Interconnection, Western-UGP's eligible transmission facilities in the Western Interconnection will be included under SPP's Tariff to allow SPP to provide transmission service over all of Western-UGP's eligible transmission facilities in the UMZ regardless of whether they are located in the Eastern or Western Interconnection. The UMZ is a single SPP rate zone that includes Western-UGP's transmission facilities located in the Eastern and Western Interconnections. Therefore, one formula rate schedule, WAUGP-ATRR, will calculate the Annual Transmission Revenue Requirement (ATRR) for all of Western-UGP's eligible transmission facilities that are transferred to the functional control of SPP and used by SPP to calculate charges for transmission service under the SPP Tariff. Western-UGP will utilize a formula template to calculate its ATRR.

    Western-UGP has also developed formula rate schedule WAUGP-AS1 for Scheduling, System Control, and Dispatch Service (SSCD), which will include Western-UGP's costs associated with providing this service in the UMZ, and formula rate schedules to calculate charges for ancillary services associated with its WAUW. These ancillary services formula rate schedules are necessary because the Western-UGP transmission facilities in its WAUW are not included within SPP's Integrated Marketplace, and SPP's standard market-based ancillary services will not be available. Therefore, when SPP provides transmission service in the WAUW, the associated ancillary services will need to be provided by Western-UGP as the Balancing Authority. These ancillary service formula rate schedules include WAUW-AS3 for Regulation and Frequency Response Service, WAUW-AS4 for Energy Imbalance Service, WAUW-AS5 for Operating Reserve—Spinning Reserve Service, WAUW-AS6 for Operating Reserve—Supplemental Reserve Service and WAUW-AS7 for Generator Imbalance Service.

    The provisional formula rates for use under SPP's Tariff include Transmission and Ancillary Service Rates as described in Rate Schedules WAUGP-ATRR, WAUGP-AS1, WAUW-AS3, WAUW-AS4, WAUW-AS5, WAUW-AS6, and WAUW-AS7. These rates will be submitted to SPP as the Transmission Provider in order for SPP to bill SPP Transmission Customers for transmission and ancillary services that SPP provides over Western-UGP's transmission facilities under the SPP Tariff. The costs under the formulas in these rate schedules will be recalculated annually and those utilizing estimates for the upcoming year to calculate revenue requirements will include a true-up to actual costs in a subsequent year. The annual revenue requirements include O&M expenses, A&GE, interest expense, and depreciation expense and are offset by appropriate estimated revenue credits. Annual audited financial data will be used to true-up the cost estimates and credit estimates used to project these forward-looking rates to the actual expenses and credits. Western-UGP will true-up the estimates it used in the calculation of its calendar year 2013, 2014, and 2015 IS rate charges that were in place prior to joining SPP when calculating these true-up rates. This IS true-up will only include Western-UGP's portion of the IS revenue requirement, and these provisional formula rates for use under the SPP Tariff will only include Western-UGP's IS true-up, if applicable. The IS true-up, if any, associated with the other IS owners' portion of the IS revenue requirement is outside the scope of this rate process, and would be addressed by other IS owners.

    Western prepared Transmission and Ancillary Services rates studies to ensure that the formula rates are based on the cost of service of the Western-UGP eligible transmission facilities that will be transferred to the functional control of SPP and the associated operation of the WAUW. These studies included all applicable expenses and associated offsetting revenues.

    Provisional Rates

    The revenue requirements for 2015 for the individual services are outlined in the following table.

    Provisional Western-UGP Transmission and Ancillary Services Formula Rates Service Rate schedule No. Provisional 2015 annual revenue requirement 1 Transmission WAUGP-ATRR 2 $123,816,622 Scheduling, System Control, and Dispatch WAUGP-AS1 2 11,384,293 Regulation and Frequency Response WAUW-AS3 294,308 Operating Reserves—Spinning and Supplemental Reserves WAUW-AS5 and WAUW-AS6 232,291 Energy Imbalance WAUW-AS4 N/A Generator Imbalance WAUW-AS7 N/A 1 The new provisional formula rates and rate schedules will take effect on the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP. 2 ATRR estimate based upon facilities that Western-UGP has proposed to be included per Attachment AI of SPP's Tariff and feedback from SPP regarding Attachment AI qualifying criteria. The list of Western-UGP facilities proposed for inclusion is available on the Web site at www.wapa.gov/ugp/rates/default.htm. Certification of Rates

    Western's Administrator certified that the provisional formula rates for Transmission and Ancillary Services are the lowest possible rates consistent with sound business principles. The provisional formula rates were developed following administrative policies and applicable laws.

    Transmission Rate Discussion Formula Rate for Transmission Service

    Western-UGP will recover its transmission system related expenses and investments on a forward-looking basis by using projections to estimate transmission costs for the upcoming year, with a true-up in a subsequent year. For transmission service provided by SPP as the Transmission Provider under SPP's Tariff, Western-UGP will provide its ATRR to SPP for determination of charges. SPP will use zonal and regional load and other applicable information, including additional annual transmission revenue requirements from other transmission owners with transmission facilities in the multi-owner UMZ to determine the applicable charges for SPP transmission service in the UMZ. The ATRR is derived by annualizing Western-UGP's transmission investment and adding transmission-related annual costs, which consist of O&M, interest expense, and depreciation. Western-UGP cost data will be submitted to SPP in standard revenue requirement templates. The annual costs are reduced by revenue credits received by Western-UGP under the SPP Tariff.

    Data used in the annual recalculation of the costs under the formula for WAUGP-ATRR effective on January 1 each year will be made available to SPP and interested parties for review and comment on or shortly after September 1 each preceding year. Data used and the revenue requirement resulting from using these formulas will be posted on the applicable SPP Web site and/or SPP OASIS. Western-UGP will provide interested parties the opportunity to discuss and comment on the recalculated WAUGP-ATRR on or before October 31, 2015, and October 31 of subsequent years. This procedure will ensure that interested parties are aware of the data used to calculate the WAUGP-ATRR. This will also provide interested parties the opportunity to comment before the costs are collected through the formula rate.

    Formula Rate for Scheduling, System Control, and Dispatch Service

    Western-UGP will use a formula-based rate methodology to calculate its annual revenue requirement for SSCD on a forward-looking basis by using projections to estimate applicable transmission-related costs associated with SSCD for the upcoming year, with a true-up in a subsequent year, to be provided to SPP for inclusion in Schedule 1 under the SPP Tariff. A single SSCD rate applies for Western-UGP's costs associated with providing SSCD in both the Eastern and Western Interconnections under the SPP Tariff. Western-UGP's annual revenue requirement for SSCD will be used by SPP to determine the regional SPP Schedule 1 rate for SPP through and out transactions, and also to determine the zonal SPP Schedule 1 rate for the UMZ. SSCD is required to schedule the movement of power through, out of, within, or into the SPP Balancing Authority Area and/or the WAUW. Therefore, Western's SSCD will also be charged by SPP for transmission service within the Western Interconnection. Western-UGP's annual revenue requirement for SSCD is derived by calculating Western-UGP's applicable transmission-related annual costs associated with SSCD service, including O&M, interest expense, A&GE, and depreciation.

    Western-UGP will true-up the cost estimates with Western-UGP's actual costs. Revenue collected in excess of Western-UGP's actual net revenue requirement will be returned through a credit in a subsequent year. Actual revenues that are less than the net revenue requirement would likewise be recovered in a subsequent year. The true-up procedure will ensure that Western-UGP will recover no more and no less than the actual costs for the year.

    Formula Rate for Regulation and Frequency Response Service

    Western-UGP will use a formula-based rate methodology for Regulation and Frequency Response Service for the WAUW as described below. Given the SPP Integrated Marketplace will not be extended into the Western Interconnection, Western-UGP as the BA will need to provide Regulation and Frequency Response Service in the WAUW, which will be billed by SPP, as the Transmission Provider, to a SPP Transmission Customer along with the associated transmission service provided by SPP under the SPP Tariff. Regulation and Frequency Response Service in the WAUW is provided primarily by Corps facilities. The Corps' generation calculated fixed charge rate (in percent) is applied to the net plant investment of the Corps generation to derive an annual Corps generation cost. This cost is divided by the capacity at the plants to derive a dollar-per-megawatt amount for Corps installed capacity ($/MW-year). This dollar-per-megawatt amount is applied to the capacity of Corps generation reserved for Regulation and Frequency Response Service in the WAUW, producing the annual Corps generation cost for this service. Western-UGP's annual revenue requirement for Regulation and Frequency Response Service is then determined by taking the annual Corps generation cost to provide this service and adding costs associated with the purchase of power resources to provide Regulation and Frequency Response Service to support intermittent renewable resources as described below. Western-UGP's annual revenue requirement will be recovered under the SPP Tariff under Rate Schedule WAUW-AS3.

    Western-UGP will true-up the cost estimates with Western-UGP's actual costs. Revenue collected in excess of Western-UGP's actual net revenue requirement will be returned through a credit in a subsequent year. Actual revenues that are less than the net revenue requirement would likewise be recovered in a subsequent year. The true-up procedure will ensure that Western-UGP will recover no more and no less than the actual costs for the year.

    Western-UGP supports the installation of renewable sources of energy but recognizes that certain operational constraints exist in managing the significant fluctuations that are a normal part of their operation. Western-UGP has marketed the maximum practical amount of power from each of its projects, leaving little or no flexibility for provision of additional power services. Consequently, provided that Western-UGP is able to purchase additional power resources delivered into WAUW to provide Regulation and Frequency Response Service to intermittent renewable generation resources serving load within the WAUW, costs for these regulation resources will become part of Western-UGP's Regulation and Frequency Response Service. However, Western-UGP will not regulate for the difference between the output of an Intermittent Resource located within the WAUW and a delivery schedule from that generator serving load located outside of the WAUW. Intermittent Resources serving load outside the WAUW will be required to be pseudo-tied or dynamically scheduled to another Balancing Authority Area.

    Formula Rate for Energy Imbalance Service

    Energy Imbalance Service is provided when a difference occurs between the scheduled and the actual delivery of energy to a load located within the WAUW over a single hour. Given the SPP Integrated Marketplace will not be extended into the Western Interconnection, Western-UGP as the BA will need to provide Energy Imbalance Service in the WAUW, which will be billed by SPP, as the Transmission Provider, to a SPP Transmission Customer along with the associated transmission service provided by SPP under the SPP Tariff. Western-UGP will offer this service, if it is capable of doing so, from its own resources or from resources available to it when transmission service is provided by SPP and used to serve load within the WAUW. The SPP Transmission Customer must either purchase this service from SPP or make alternative comparable arrangements pursuant to the SPP Tariff to satisfy its Energy Imbalance Service obligation. A SPP Transmission Customer may incur a charge for either hourly energy imbalances under this Rate Schedule, WAUW-AS4, or hourly generator imbalances under Rate Schedule WAUW-AS7 for imbalances occurring during the same hour, but not both, unless the imbalances aggravate rather than offset each other.

    The rate for service within the WAUW will be based on deviation bands as follows: (i) deviations within ± 1.5 percent (with a minimum of 2 MW) of the scheduled transaction to be applied hourly to any energy imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be netted on a monthly basis and settled financially, at the end of the month, at 100 percent of the average incremental cost for the month; (ii) deviations greater than ± 1.5 percent up to 7.5 percent (or greater than 2 MW up to 10 MW) of the scheduled transaction(s) to be applied hourly to any energy imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled financially, at the end of each month, at 110 percent of incremental cost when energy taken by the SPP Transmission Customer in a schedule hour is greater than the energy scheduled or 90 percent of incremental cost when energy taken by a SPP Transmission Customer in a schedule hour is less than the scheduled amount; and (iii) deviations greater than ± 7.5 percent (or 10 MW) of the scheduled transaction to be applied hourly to any energy imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled financially, at the end of each month, at 125 percent of the highest incremental cost that occurs that day for energy taken by the SPP Transmission Customer in a schedule hour that is greater than the energy scheduled, or 75 percent of the lowest incremental cost that occurs that day when energy taken by a SPP Transmission Customer is less than the scheduled amount.

    Western-UGP's incremental cost will be based on a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's OASIS at least 30 days before use for determining the Western-UGP incremental cost and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index.

    Formula Rates for Operating Reserves Service—Spinning and Supplemental

    Given the SPP Integrated Marketplace will not be extended into the Western Interconnection, Western-UGP as the BA will need to provide Operating Reserve—Spinning Reserve Service and Operating Reserve—Supplemental Reserve Service (together referred to as Reserve Services) in the WAUW, which will be billed by SPP, as the Transmission Provider, to a SPP Transmission Customer along with the associated transmission service provided by SPP under the SPP Tariff. Western-UGP will offer these services under the formula-based rate methodologies for Spinning Reserve Service and Supplemental Reserve Service and will use the reserve requirement of the reserve sharing program under which Western-UGP is currently a member for its transmission system in the Western Interconnection.

    Western-UGP's annual cost of generation for Reserve Services is determined by multiplying the Corps' generation fixed charge rate (in percent) by the net plant investment of the Corps generation producing an annual Corps generation cost. This cost is divided by the capacity at the plants to derive a dollar-per-megawatt amount for Corps installed capacity ($/MW-year). This dollar-per-megawatt amount is then applied to the capacity of Corps generation reserved for Reserve Services in the WAUW, producing the annual Corps generation cost to provide this service. Western-UGP's annual revenue requirement for Reserve Services is derived by taking the annual Corps generation cost to provide this service and adding costs associated with the current reserve sharing program. Western-UGP's annual revenue requirement will be recovered under the SPP Tariff under Rate Schedules WAUW-AS5 and WAUW-AS6.

    Western-UGP will true-up the cost estimates with Western-UGP's actual costs. Revenue collected in excess of Western-UGP's actual net revenue requirement will be returned through a credit in a subsequent year. Actual revenues that are less than the net revenue requirement would likewise be recovered in a subsequent year. The true-up procedure will ensure that Western-UGP will recover no more and no less than the actual costs for the year.

    Western-UGP has no long-term reserves available beyond its own internal requirements. At SPP's request as the Transmission Provider, and if it is capable of doing so, Western-UGP will acquire needed resources and pass the costs, plus an amount for administration, on to SPP for the requesting SPP Transmission Customer. The SPP Transmission Customer is responsible to provide the transmission to deliver these reserves. In the event that Reserve Services are called upon for emergency use, the SPP Transmission Customer will be assessed a charge for energy used at the prevailing market energy rate in the WAUW. The prevailing market energy rate will be based on a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's OASIS at least 30 days prior to use for determining the prevailing market energy rate and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index.

    Formula Rate for Generator Imbalance Service

    Generator Imbalance Service is provided when a difference occurs between the output of a generator located within the WAUW and a delivery schedule from that generator to: (1) another Balancing Authority Area or (2) a load within the WAUW over a single hour. Given the SPP Integrated Marketplace will not be extended into the Western Interconnection, Western-UGP as the BA must provide Generator Imbalance Service in the WAUW, which will be billed by SPP, as the Transmission Provider, to a SPP Transmission Customer along with the associated transmission service provided by SPP under the SPP Tariff. Western-UGP will offer this service, if it is capable of doing so, from its own resources or from resources available to it, when SPP transmission service is used to deliver energy from a generator located within the WAUW. The SPP Transmission Customer must either purchase this service from SPP, or make alternative comparable arrangements pursuant to the SPP Tariff, to satisfy its Generator Imbalance Service obligation. A SPP Transmission Customer may incur a charge for either hourly generator imbalances under this Rate Schedule, WAUW-AS7, or hourly energy imbalances under Rate Schedule WAUW-AS4 for imbalances occurring during the same hour, but not both, unless the imbalances aggravate rather than offset each other.

    Western-UGP supports the installation of renewable sources of energy but recognizes that certain operational constraints exist in managing the significant fluctuations that are a normal part of their operation. Western-UGP has marketed the maximum practical amount of power from each of its projects, leaving little or no flexibility for provision of additional power services. Consequently, Western-UGP will not regulate for the difference between the output of an Intermittent Resource located within the WAUW and a delivery schedule from that generator serving load located outside of the WAUW. Intermittent Resources serving load outside the WAUW will be required to be pseudo-tied or dynamically scheduled to another Balancing Authority Area.

    The rate for service within the WAUW will be based on deviation bands as follows: (i) deviations within ± 1.5 percent (with a minimum of 2 MW) of the scheduled transaction to be applied hourly to any generator imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be netted on a monthly basis and settled financially, at the end of the month, at 100 percent of the average incremental cost; (ii) deviations greater than ± 1.5 percent up to 7.5 percent (or greater than 2 MW up to 10 MW) of the scheduled transaction to be applied hourly to any generator imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled financially, at the end of each month. When energy delivered in a schedule hour from the generation resource is less than the energy scheduled, the charge is 110 percent of incremental cost. When energy delivered from the generation resource is greater than the scheduled amount, the credit is 90 percent of the incremental cost; and (iii) deviations greater than ± 7.5 percent (or 10 MW) of the scheduled transaction to be applied hourly to any generator imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled at 125 percent of Western-UGP's highest incremental cost for the day when energy delivered in a schedule hour is less than the energy scheduled or 75 percent of Western-UGP's lowest daily incremental cost when energy delivered from the generation resource is greater than the scheduled amount. An Intermittent Resource will be exempt from this deviation band and will pay the deviation band charges for all deviations greater than the larger of 1.5 percent or 2 MW.

    Deviations from scheduled transactions in order to respond to directives by SPP as the Transmission Provider, a Balancing Authority, or a reliability coordinator shall not be subject to the deviation bands identified above and, instead, shall be settled financially at the end of the month at 100 percent of incremental cost. Such directives may include instructions to correct frequency decay, respond to a reserve sharing event, or change output to relieve congestion.

    Western-UGP's incremental cost will be based on a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's OASIS at least 30 days before use for determining the Western-UGP incremental cost and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index.

    Availability of Information

    All documents related to this action are available for inspection and copying at the Upper Great Plains Regional Office, located at 2900 4th Avenue North, Billings, Montana. These documents are also available on Western's Web site located at http://www.wapa.gov/ugp/rates.

    RATEMAKING PROCEDURE REQUIREMENTS Environmental Compliance

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347); the Council on Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500-1508), and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western has determined that this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. A copy of the categorical exclusion determination is available on Western-UGP's Web site located at http://www.wapa.gov/ugp/Environment.

    Determination Under Executive Order 12866

    Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required.

    Submission to the Federal Energy Regulatory Commission

    The formula rates herein confirmed, approved, and placed into effect on an interim basis, together with supporting documents, will be submitted to FERC for confirmation and final approval.

    ORDER

    In view of the foregoing and under the authority delegated to me, I confirm and approve on an interim basis, effective on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, formula rates for Transmission and Ancillary Services under Rate Schedules WAUGP-ATRR, WAUGP-AS1, WAUW-AS3, WAUW-AS4, WAUW-AS5, WAUW-AS6 and WAUW-AS7 for the Pick-Sloan Missouri Basin Program—Eastern Division Project of the Western Area Power Administration. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register. The rate schedules shall remain in effect on an interim basis, pending the Federal Energy Regulatory Commission's confirmation and approval of the rate schedules or substitute rates on a final basis through September 30, 2020, or until the rate schedules are superseded.

    Dated: July 17, 2015 Elizabeth Sherwood-Randall Deputy Secretary of Energy Rate Schedule WAUGP-ATRR October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION ANNUAL TRANSMISSION REVENUE REQUIREMENT FOR TRANSMISSION SERVICE Effective

    On the first full day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    Western Area Power Administration-Upper Great Plains Region's (Western-UGP) formula based Annual Transmission Revenue Requirement (ATRR) for its eligible transmission related facilities included under the Southwest Power Pool, Inc. (SPP) Tariff shall be calculated using the formula outlined below.

    Formula Rate Define: A = Operation & Maintenance allocated to transmission ($) B = Depreciation allocated to transmission ($) C = Interest Expense allocated to transmission ($) D = Revenue Credits ($) E = Scheduling, System Control, and Dispatch costs ($) F = Prior Period True-up ($) ATRR = A + B + C−D−E + F

    Note: Western-UGP will identify any portion of the ATRR eligible for SPP Region-wide cost sharing pursuant to the SPP Tariff in its Rate Formula Template submitted under Attachment H of the SPP Tariff.

    A recalculated annual revenue requirement will go into effect every January 1 based on the above formula and updated financial data. Western-UGP will annually notify SPP and make data and information available to interested parties for review and comment related to the recalculated annual revenue requirement on or shortly after September 1 of the preceding year. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP Open Access Same-Time Information System.

    Rate Schedule WAUGP-AS1 October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION SCHEDULING, SYSTEM CONTROL, AND DISPATCH SERVICE Effective

    On the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    Scheduling, System Control, and Dispatch Service (SSCD) is required to schedule the movement of power through, out of, within, or into the Southwest Power Pool, Inc. (SPP) Balancing Authority Area and/or the Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW). Western Area Power Administration-Upper Great Plains Region's (Western-UGP) annual revenue requirement for SSCD will be used by SPP to calculate the regional SPP Schedule 1 rate for SPP through and out transactions, and also to calculate the zonal SPP Schedule 1 rate for the Upper Missouri Zone (UMZ or Zone 19). This rate will also be charged by SPP for SPP Transmission Service provided within the Western Interconnection.

    Formula Rate Define: A = Operation & Maintenance for SSCD ($) B = Administrative and General Expense for SSCD ($) C = Depreciation for SSCD ($) D = Taxes Other than Income Taxes for Transmission ($) E = Allocation of General Plant for SSCD ($) F = Cost of Capital for SSCD ($) G = SSCD Revenue from non-Transmission facilities ($) H = Prior Period True-up ($) SSCD Annual Revenue Requirement = A + B + C + D + E + F—G + H

    A recalculated annual revenue requirement will go into effect every January 1 based on the above formula and updated financial data. Western-UGP will annually notify SPP and make data and information available to interested parties for review and comment related to the recalculated annual revenue requirement on or shortly after September 1 of the preceding year. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP Open Access Same-Time Information System.

    Rate Schedule WAUW-AS3 October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION REGULATION AND FREQUENCY RESPONSE SERVICE—WAUW Effective

    On the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    This Rate Schedule applies to the Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW). Regulation and Frequency Response Service (Regulation) is necessary to provide for the continuous balancing of resources, generation, and interchange with load and for maintaining scheduled interconnection frequency at 60 cycles per second (60 Hz). Regulation is accomplished by committing on-line generation whose output is raised or lowered, predominantly through the use of automatic generating control equipment, as necessary, to follow the moment-by-moment changes in load. The obligation to maintain this balance between resources and load lies with the Western Area Power Administration-Upper Great Plains Region (Western-UGP) as the WAUW operator. The SPP Transmission Customer must either purchase this service from SPP or make alternative comparable arrangements pursuant to the SPP Tariff to satisfy its Regulation obligation. Western-UGP's annual revenue requirement for Regulation (outlined below) will be used by SPP to calculate the WAUW charges for Regulation.

    Western-UGP supports the installation of renewable sources of energy but recognizes that certain operational constraints exist in managing the significant fluctuations that are a normal part of their operation. When Western-UGP purchases power resources to provide Regulation to intermittent resources serving load within Western-UGP's WAUW, costs for these regulation resources will become part of Western's Regulation revenue requirement, which will be billed by SPP, as the Transmission Provider, to a SPP Transmission Customer along with the associated transmission service provided by SPP under the SPP Tariff. However, Western-UGP will not regulate for the difference between the output of an intermittent resource located within Western-UGP's WAUW and a delivery schedule from that generator serving load located outside of Western-UGP's WAUW. Intermittent resources serving load outside Western-UGP's WAUW will be required to be pseudo-tied or dynamically scheduled to another Balancing Authority Area.

    An intermittent resource, for the limited purpose of this Rate Schedule, is an electric generator that is not dispatchable and cannot store its fuel source and, therefore, cannot respond to changes in demand or respond to transmission security constraints.

    Formula Rate Define: A = U.S. Army Corps of Engineers (Corps) Fixed Charge Rate (%) B = Corps Generation Net Plant Costs ($) C = Plant Capacity (kW) D = Capacity Used for Regulation (kW-year) E = Capacity Purchases for Regulation ($) F = Prior Period True-up Regulation Annual Revenue Requirement = (A * B/C) * D + E + F

    A recalculated revenue requirement will go into effect every January 1 based on the above formula and updated financial data. Western-UGP will annually notify SPP and make data and information available to interested parties for review and comment related to the recalculated annual revenue requirement on or shortly after September 1 of the preceding year. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP Open Access Same-Time Information System.

    Rate Schedule WAUW-AS4 October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION ENERGY IMBALANCE SERVICE—WAUW Effective

    On the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    This Rate Schedule applies to the Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW). Energy Imbalance Service is provided when a difference occurs between scheduled and actual delivery of energy to a load located within Western Area Power Administration-Upper Great Plains Region's (Western-UGP) WAUW over a single hour. Given the Southwest Power Pool, Inc. (SPP) Integrated Marketplace will not be extended into the Western Interconnection, Western-UGP, as the Balancing Authority, will offer to provide Energy Imbalance Service in the WAUW, if it is capable of doing so, from its own resources or from resources available to it, at the request of SPP, as the Transmission Provider, when transmission service is provided by SPP and used to serve load within the WAUW. Energy Imbalance Service in the WAUW will be billed by SPP to the SPP Transmission Customer along with the associated transmission service provided by SPP. The SPP Transmission Customer must either purchase this service from SPP, or make alternative comparable arrangements pursuant to the SPP Tariff to satisfy its Energy Imbalance Service obligation.

    The SPP Transmission Customer will incur a charge for either hourly energy imbalances under this Schedule, WAUW-AS4, or hourly generator imbalances under Rate Schedule WAUW-AS7 for imbalances occurring during the same hour, but not both, unless the imbalances aggravate rather than offset each other.

    Formula Rate

    For deviations within ± 1.5 percent (with a minimum of 2 MW) of the scheduled transaction to be applied hourly to any energy imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be netted on a monthly basis and settled financially, at the end of the month, at 100 percent of the average incremental cost.

    Deviations greater than ± 1.5 percent up to 7.5 percent (or greater than 2 MW up to 10 MW) of the scheduled transaction to be applied hourly to any energy imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled financially, at the end of each month. When energy taken in a schedule hour is greater than the energy scheduled, the charge is 110 percent of incremental cost. When energy taken is less than the scheduled amount, the credit is 90 percent of the incremental cost.

    Deviations greater than ± 7.5 percent (or 10 MW) of the scheduled transaction to be applied hourly to any energy imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled at 125 percent of Western-UGP's incremental cost when energy taken in a schedule hour is greater than the energy scheduled or 75 percent of Western-UGP's incremental cost when energy taken by a SPP Transmission Customer is less than the scheduled amount.

    Western-UGP's incremental cost will be based upon a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's Open Access Same-Time Information System (OASIS) at least 30 days before use for determining the Western-UGP incremental cost and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index.

    The pricing and charge for deviations in the above deviation bandwidths is as specified above. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP OASIS.

    Rate Schedule WAUW-AS5 October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION OPERATING RESERVE—SPINNING RESERVE SERVICE—WAUW Effective

    On the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    This Rate Schedule applies to the Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW). Operating Reserve-Spinning Reserve Service (Spinning Reserves) is needed to serve load immediately in the event of a system contingency. Spinning Reserves may be provided by generating units that are on-line and loaded at less than maximum output. Given the Southwest Power Pool, Inc. (SPP) Integrated Marketplace will not be extended into the Western Interconnection, Western Area Power Administration-Upper Great Plains Region (Western-UGP), as the Balancing Authority, will offer to provide Spinning Reserves, if available, at the request of SPP as the Transmission Provider in the WAUW. Operating Reserve-Spinning Reserve Service in the WAUW will be billed by SPP to the SPP Transmission Customer along with the associated transmission service provided by SPP. The SPP Transmission Customer must either purchase this service from SPP or make alternative comparable arrangements pursuant to the SPP Tariff to satisfy its Spinning Reserves obligation. Western-UGP's annual revenue requirement for Spinning Reserves (outlined below) will be utilized by SPP to calculate the WAUW charges for Spinning Reserves.

    Formula Rate Define: A = U.S. Army Corps of Engineers (Corps) Fixed Charge Rate (%) B = Corps Generation Net Plant Costs ($) C = Plant Capacity (kW) D = Maximum Load in the WAUW (kW) E = Maximum Generation in the WAUW (kW) F = Reserve Sharing Program Requirement based upon Load (%)—See Note 1 G = Reserve Sharing Program Requirement based upon Generation (%)—See Note 2 H = Prior Period True-up

    Note 1: Currently 3% in the Northwest Power Pool (NWPP) Reserve Sharing Program

    Note 2: Currently 3% in the NWPP Reserve Sharing Program

    Spinning Reserves Annual Revenue Requirement = (A * B/C) * ((D * F) + (E * G)) + H

    A recalculated revenue requirement will go into effect every January 1 based on the above formula and updated financial, load/generation, and Reserve Sharing Program requirements data. Western-UGP will annually notify SPP and make data and information available to interested parties for review and comment related to the recalculated annual revenue requirement on or shortly after September 1 of the preceding year. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP Open Access Same-Time Information System (OASIS).

    If resources are not available from a Western-UGP resource, Western-UGP, at the request of SPP as the Transmission Provider, will offer to purchase the Spinning Reserves and pass through the costs, plus an amount for administration, to SPP for the SPP Transmission Customer.

    In the event that Spinning Reserves are called upon for emergency use, the SPP Transmission Customer will be assessed a charge for energy used at the prevailing market energy rate in the WAUW. The prevailing market energy rate will be based upon a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's OASIS at least 30 days before use for determining the prevailing market energy rate and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index. The SPP Transmission Customer would be responsible for providing transmission service to get the Spinning Reserves to its destination.

    Rate Schedule WAUW-AS6 October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION OPERATING RESERVE—SUPPLEMENTAL RESERVE SERVICE—WAUW Effective

    On the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    This Rate Schedule applies to the Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW). Operating Reserve-Supplemental Reserve Service (Supplemental Reserves) is needed to serve load in the event of a system contingency: however, it is not available immediately to serve load but rather within a short period of time. Supplemental Reserves may be provided by generating units that are on-line but unloaded, by quick-start generation, or by interruptible load. Given the Southwest Power Pool, Inc. (SPP) Integrated Marketplace will not be extended into the Western Interconnection, Western Area Power Administration-Upper Great Plains Region (Western-UGP), as the Balancing Authority, will offer to provide Supplemental Reserves, if available, at the request of SPP as the Transmission Provider, in the WAUW. Operating Reserve-Supplemental Reserve Service in the WAUW will be billed by SPP to the SPP Transmission Customer along with the associated transmission service provided by SPP. The SPP Transmission Customer must either purchase this service from SPP or make alternative comparable arrangements pursuant to the SPP Tariff to satisfy its Supplemental Reserves obligation. Western-UGP's annual revenue requirement for Supplemental Reserves (outlined below) will be utilized by SPP to calculate the WAUW charges for Supplemental Reserves.

    Formula Rate Define: A = U.S. Army Corps of Engineers (Corps) Fixed Charge Rate (%) B = Corps Generation Net Plant Costs ($) C = Plant Capacity (kW) D = Maximum Load in the WAUW (kW) E = Maximum Generation in the WAUW (kW) F = Reserve Sharing Program Requirement based upon Load (%)—See Note 1 G = Reserve Sharing Program Requirement based upon Generation (%)—See Note 2 H = Prior Period True-up

    Note 1: Currently 3% in the Northwest Power Pool (NWPP) Reserve Sharing Program

    Note 2: Currently 3% in the NWPP Reserve Sharing Program

    Supplemental Reserves Annual Revenue Requirement = (A * B/C) * ((D * F) + (E * G)) + H

    A recalculated revenue requirement will go into effect every January 1 based on the above formula and updated financial, load/generation, and Reserve Sharing Program requirements data. Western-UGP will annually notify SPP and make data and information available to interested parties for review and comment related to the recalculated annual revenue requirement on or shortly after September 1 of the preceding year. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP Open Access Same-Time Information System (OASIS).

    If resources are not available from a Western-UGP resource, Western-UGP, at the request of SPP as the Transmission Provider, will offer to purchase the Supplemental Reserves and pass through the costs, plus an amount for administration, to SPP for the SPP Transmission Customer.

    In the event Supplemental Reserves are called upon for emergency use, the SPP Transmission Customer will be assessed a charge for energy used at the prevailing market energy rate in the WAUW. The prevailing market energy rate will be based upon a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's OASIS at least 30 days before use for determining the prevailing market energy rate and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index. The SPP Transmission Customer would be responsible for providing transmission service to get the Supplemental Reserves to its destination.

    Rate Schedule WAUW-AS7 October 1, 2015 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION UPPER GREAT PLAINS REGION PICK-SLOAN MISSOURI BASIN PROGRAM—EASTERN DIVISION GENERATOR IMBALANCE SERVICE—WAUW Effective

    On the first day of the first full billing period beginning on or after October 1, 2015, upon transfer of functional control of eligible Western-UGP facilities to SPP, and shall remain in effect through September 30, 2020, or until superseded by another rate schedule, whichever occurs earlier. Notification of the transfer of functional control and the effective date of the formula rates will be published in the Federal Register.

    Applicable

    This Rate Schedule applies to the Western Area Power Administration, Upper Great Plains West Balancing Authority Area (WAUW). Generator Imbalance Service is provided when a difference occurs between the output of a generator located within Western Area Power Administration-Upper Great Plains Region's (Western-UGP) WAUW and a delivery schedule from that generator to (1) another Balancing Authority Area or (2) a load within Western-UGP's WAUW over a single hour. Western-UGP, as the Balancing Authority, will offer to provide this service, if it is capable of doing so, from its own resources or from resources available to it, at the request of the Southwest Power Pool, Inc. (SPP) as the Transmission Provider, when transmission service is used to deliver energy from a generator located within the WAUW. Generator Imbalance Service in the WAUW will be billed by SPP to the SPP Transmission Customer along with the associated transmission service provided by SPP. The SPP Transmission Customer must either purchase this service from SPP or make alternative comparable arrangements pursuant to the SPP Tariff, to satisfy its Generator Imbalance Service obligation. The SPP Transmission Customer will incur a charge for either hourly generator imbalances under this Schedule, WAUW-AS7, or hourly energy imbalances under Rate Schedule WAUW-AS4 for imbalances occurring during the same hour, but not both, unless the imbalances aggravate rather than offset each other.

    Western-UGP supports the installation of renewable sources of energy but recognizes that certain operational constraints exist in managing the significant fluctuations that are a normal part of their operation. Western-UGP has marketed the maximum practical amount of power from each of its projects, leaving little or no flexibility for provision of additional power services. Consequently, Western-UGP will not regulate for the difference between the output of an intermittent resource located within the WAUW and a delivery schedule from that generator serving load located outside of the WAUW. Intermittent resources serving load outside Western-UGP's WAUW will be required to be pseudo-tied or dynamically scheduled to another Balancing Authority Area.

    An intermittent resource, for the limited purpose of this Rate Schedule, is an electric generator that is not dispatchable and cannot store its fuel source and, therefore, cannot respond to changes in demand or respond to transmission security constraints.

    Formula Rate

    For deviations within ± 1.5 percent (with a minimum of 2 MW) of the scheduled transaction to be applied hourly to any generator imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be netted on a monthly basis and settled financially, at the end of the month, at 100 percent of the average incremental cost.

    Deviations greater than ± 1.5 percent up to 7.5 percent (or greater than 2 MW up to 10 MW) of the scheduled transaction to be applied hourly to any generator imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled financially, at the end of each month. When energy delivered in a schedule hour from the generation resource is less than the energy scheduled, the charge is 110 percent of incremental cost. When energy delivered from the generation resource is greater than the scheduled amount, the credit is 90 percent of the incremental cost.

    Deviations greater than ± 7.5 percent (or 10 MW) of the scheduled transaction to be applied hourly to any generator imbalance that occurs as a result of the SPP Transmission Customer's scheduled transaction(s) will be settled at 125 percent of Western-UGP's highest incremental cost for the day when energy delivered in a schedule hour is less than the energy scheduled or 75 percent of Western-UGP's lowest daily incremental cost when energy delivered from the generation resource is greater than the scheduled amount. As an exception, an intermittent resource will be exempt from this deviation band and will pay the deviation band charges for all deviations greater than the larger of 1.5 percent or 2 MW.

    Deviations from scheduled transactions responding to directives by the Transmission Provider, a Balancing Authority, or a reliability coordinator shall not be subject to the deviation bands identified above and, instead, shall be settled financially, at the end of the month, at 100 percent of incremental cost. Such directives may include instructions to correct frequency decay, respond to a reserve sharing event, or change output to relieve congestion.

    Western-UGP's incremental cost will be based upon a representative hourly energy index or combination of indexes. The index to be used will be posted on the applicable SPP Web site and/or SPP's Open Access Same-Time Information System (OASIS) at least 30 days before use for determining the Western-UGP incremental cost and will not be changed more often than once per year unless Western-UGP determines that the existing index is no longer a reliable price index.

    The pricing and charge for deviations in the deviation bandwidths is as specified above. Data used and the charges resulting from using this formula will be posted on the applicable SPP Web site and/or SPP OASIS.

    [FR Doc. 2015-18240 Filed 7-24-15; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2004-0019; FRL-9931-21-OW] Request for Scientific Views: Draft Recommended Aquatic Life Ambient Water Quality Chronic Criterion for Selenium—Freshwater 2015 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of availability.

    SUMMARY:

    The Environmental Protection Agency (EPA) is opening the comment period for the Agency's draft recommended aquatic life water quality chronic criterion for selenium in freshwater. EPA released a previous draft entitled “External Peer Review Draft Aquatic Life Ambient Water Quality Criterion for Selenium—Freshwater, 2014” for public comment on May 14, 2014. EPA received scientific views from the public and stakeholders, and convened a contractor-led expert external peer review. EPA considered the results from the expert peer review and scientific views and comments from the public and stakeholders to develop the current draft document, which is now available for comment. Following closure of this public comment period, EPA will consider scientific views from the public on this draft document as well as any new data or information received. EPA will then publish Federal Register notice(s) announcing the availability of the final selenium criterion.

    DATES:

    Comments must be received on or before September 25, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2004-0019, by one of the following methods:

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

    Email: [email protected] Attention Docket No. EPA-HQ-OW-2004-0019.

    Fax: 202-566-1140.

    Mail: EPA Water Docket, Environmental Protection Agency, Mailcode 2822-IT 1200 Pennsylvania Ave. NW., Washington, DC 20640, Attention Docket No. EPA-HQ-OW-2004-0019. Please include a total of two copies (including references).

    Hand Delivery: EPA Water Docket, EPA Docket Center, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004, Docket No. EPA-HQ-OW-2004-0019. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. [EPA-HQ-2004-0019]. 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 protected] The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    FOR FURTHER INFORMATION CONTACT:

    Kathryn Gallagher, Ph.D., Office of Water, Health and Ecological Criteria Division (4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564-1398; fax: 202-566-1140, or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    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 EPA-HQ-OW-2004-0019 Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The 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 EPA-HQ-OW-2004-0019 is (202) 566-2426. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    GENERAL INFORMATION:

    I. What are recommended water quality criteria?

    EPA's recommended water quality criteria are scientifically derived numeric values that protect aquatic life or human health from the deleterious effects of pollutants in ambient water. Section 304(a)(1) of the Clean Water Act (CWA) requires EPA to develop and publish and, from time to time, revise, criteria for protection of aquatic life and human health that accurately reflect the latest scientific knowledge. Water quality criteria developed under section 304(a) are based solely on data and scientific judgments on the relationship between pollutant concentrations and environmental and human health effects. Section 304(a) criteria do not reflect consideration of economic impacts or the technological feasibility of meeting pollutant concentrations in ambient water.

    EPA's recommended section 304(a) criteria provide technical information to states and authorized tribes in adopting water quality standards (WQS) that ultimately provide a basis for assessing water body health and controlling discharges or releases of pollutants. Under the CWA and its implementing regulations, states and authorized tribes are to adopt water quality criteria to protect designated uses (e.g., public water supply, aquatic life, recreational use, or industrial use). EPA's recommended water quality criteria do not substitute for the CWA or regulations, nor are they regulations themselves. EPA's recommended criteria do not impose legally binding requirements. States and authorized tribes have the discretion to adopt, where appropriate, other scientifically defensible water quality criteria that differ from these recommendations.

    II. What is Selenium and why is EPA concerned about it?

    Selenium is a naturally occurring chemical element that is nutritionally essential in small amounts, but toxic at higher concentrations. Selenium can be released to the environment by a number of anthropogenic sources, such as coal mining, coal-fired power plants (fly ash), irrigated agriculture, and phosphate mining. Selenium is a bioaccumulative pollutant. Fish and other aquatic organisms are exposed to and accumulate selenium primarily through their diet, and not directly through water. Selenium toxicity in fish occurs primarily through maternal transfer to the eggs and subsequent reproductive effects. Consequently, EPA is updating its national recommended chronic aquatic life criterion for selenium in freshwater to reflect the latest scientific information, which indicates that selenium toxicity to aquatic life is primarily driven by organisms consuming selenium-contaminated food rather than by being directly exposed to selenium dissolved in water.

    III. Information on the Draft Aquatic Life Ambient Water Quality Criterion for Selenium—Freshwater 2015

    EPA prepared a draft aquatic life criterion document for selenium based on the latest scientific information and current EPA policies and methods, including EPA's Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses (1985) (EPA/R-85-100) and Guidelines for Ecological Risk Assessment (1998) (EPA/630/R-95/002F). Toxicity data and other information on the effects of selenium were obtained from reliable sources and subjected to both internal and, in some cases, external peer review. EPA considered public comments previously collected in response to EPA's 2004 notice of availability (published on December 17, 2004 at 69 FR 75541) and new toxicity data for selenium developed in response to those comments (EPA-822-F-08-005) in the development of the external peer review draft criterion document. EPA also considered information submitted in 2014 during the external peer review and public comment on the “External Peer Review Draft,” including additional toxicity data, in developing the current draft criterion.

    The draft criterion has four elements (Table 1), consisting of two fish tissue-based and two water column-based elements. The draft criterion document contains a recommendation that states and authorized tribes adopt into their WQS a selenium criterion that includes all four elements. Because fish tissue-based concentration is a more direct measure of selenium toxicity to aquatic life than water column concentrations, EPA recommends that fish tissue elements be given precedence over the water column elements when both types of data are available, except in certain situations.

    The available data indicate that freshwater aquatic life would be protected from the toxic effects of selenium by applying the following four-element criterion:

    1. The concentration of selenium in the eggs or ovaries of fish does not exceed 15.8 mg/kg, dry weight;

    2. The concentration of selenium (a) in whole-body of fish does not exceed 8.0 mg/kg dry weight, or (b) in muscle tissue of fish (skinless, boneless fillet) does not exceed 11.3 mg/kg dry weight;

    3. The 30-day average concentration of selenium in water does not exceed 3.1 µg/L in lotic (flowing) waters and 1.2 µg/L in lentic (standing) waters more than once in three years on average;

    4. The intermittent concentration of selenium in water does not exceed

    EN27JY15.034 EN27JY15.035

    The draft criterion document does not include a draft acute criterion (based on water-only exposure) because selenium is bioaccumulative and toxicity primarily occurs through dietary exposure. EPA will consider the public comments, revise the document as necessary, and issue a final updated selenium criterion document. This draft criterion document does not represent and should not be construed to represent any final EPA policy, viewpoint, or determination.

    IV. What is the relationship between the Draft Chronic Water Quality Criterion and Your State or Tribal Water Quality Standards?

    As part of the WQS triennial review process defined in section 303(c)(1) of the CWA, the states and authorized tribes are responsible for maintaining and revising WQS. Standards consist of designated uses, water quality criteria to protect those uses, a policy for antidegradation, and may include general policies for application and implementation. Section 303(c)(1) requires states and authorized tribes to review and modify, if appropriate, their WQS at least once every three years.

    States and authorized tribes must adopt water quality criteria that protect designated uses. Protective criteria are based on a sound scientific rationale and contain sufficient parameters or constituents to protect the designated uses. Criteria may be expressed in either narrative or numeric form. States and authorized tribes have four options when adopting water quality criteria for which EPA has published section 304(a) criteria. They can:

    (1) Establish numerical values based on recommended section 304(a) criteria;

    (2) Adopt section 304(a) criteria modified to reflect site-specific conditions;

    (3) Adopt criteria derived using other scientifically defensible methods; or

    (4) Establish narrative criteria where numeric criteria cannot be established or to supplement numerical criteria (40 CFR 131.11(b)).

    It is important for states and authorized tribes to consider any new or updated section 304(a) criteria as part of their triennial review to ensure that state or tribal WQS reflect current science and protect applicable designated uses. The recommendations in the draft selenium criterion document may change based on scientific views shared in response to this notice. Upon finalization, the updated selenium criterion would supersede EPA's previous 304(a) freshwater criteria for selenium.

    Consistent with 40 CFR 131.21, new or revised water quality criteria adopted into law or regulation by states and authorized tribes on or after May 30, 2000 are in effect for CWA purposes only after EPA approval.

    To support EPA's upcoming CWA section 304(a) ambient water quality criteria recommendations for selenium, EPA is developing informational materials to aid state and tribal adoption. These informational materials will be released when the final selenium criterion is published.

    V. Solicitation of Scientific Views

    EPA is soliciting additional scientific views, data, and information regarding the science and technical approach used by the Agency in the derivation of this draft freshwater chronic criterion for selenium. The Agency has identified two particular issues (detailed below), for which additional data and information are solicited.

    1. Request for Additional Data and Information Related to the Sensitivity of Cyprinids (Minnow Species) to Selenium

    During the 2014 public comment process, EPA received comments that included data on zebrafish (Danio rerio) toxicity testing with selenium. (Public comment EPA-HQ-OW-2004-0019-0354; http://www.regulations.gov/). The commenters suggested that the data be used by the EPA in its revision of the egg-ovary criterion element, since the zebrafish study was a maternal transfer study similar to those used in the external peer review draft. In response to the comments, EPA solicited the study and all underlying data from the authors of the study referenced by the commenters (Thomas and Janz, 2014). EPA undertook a comprehensive data review of the study and data.

    During its review, EPA identified concerns regarding the concentration response curve of the zebrafish toxicity test compared to the other fish species toxicity tests that EPA used in derivation of the 2014 draft criterion. The zebrafish data showed an anomalously shallow concentration response curve compared to data from all other tested fish species. Further, high control mortality (47%) at the end of the study raised concerns about the study design as well as the health of the fish at the time of testing. In addition, since the zebrafish is a non-native cyprinid species, EPA assessed the information available on zebrafish sensitivity to selenium compared to the sensitivity of native cyprinid (minnow) species across the United States (Appendix D in the criteria document), including several studies where native cyprinids were investigated in selenium-impacted waters. Data from these studies suggest that native cyprinids are likely less sensitive to selenium than the currently available non-native zebrafish data suggest. The results of the study, particularly a comparison of the concentration response relationships of zebrafish vs. all of the other fish species for which we have similar data, raises a concern.

    Given these concerns, EPA has not used the zebrafish data quantitatively in the derivation of the revised criterion. EPA seeks additional information on cyprinid taxa sensitivity to selenium, and particularly additional data on zebrafish. These studies should be submitted to the docket in similar fashion as scientific views on the criterion document. EPA will then consider this information in finalizing the selenium criterion document.

    2. Request for Additional Data and Information on the Dynamics of Selenium Equilibrium in Lentic and Lotic Waters Related to New or Increased Selenium Inputs

    EPA's draft selenium water quality criterion recommends that elements based on fish tissue (egg-ovary, whole body, and/or muscle) data should override the criterion elements based on selenium water column data. The criterion is structured this way because fish tissue concentrations generally provide the most robust and direct information on potential selenium effects in fish. However, because selenium concentrations in fish tissue are a result of selenium bioaccumulation via dietary exposure, there are specific circumstances where the fish tissue concentrations are not expected to fully represent potential effects on fish and the aquatic ecosystem: Waters with new or increased selenium inputs, prior to equilibrium within the food web; and “fishless waters” (waters where fish have been extirpated or where physical habitat and/or flow regime cannot sustain fish).

    For the purposes of EPA's draft recommendations, EPA considers new inputs to be new activities resulting in selenium being released into a lentic or lotic waterbody. Increased inputs are increases from a current activity in which selenium is being released into a lentic or lotic waterbody. New or increased inputs of selenium into the water and hence into the food web, likely will result in increased bioaccumulation of selenium in fish over a period of time until the selenium from the new or increased selenium release achieves a quasi-“steady state” balance within the food web. EPA estimates that concentrations of selenium in fish tissue will not represent a “steady state” for up to several months in lotic systems, and longer time periods (e.g., 2 to 3 years) in lentic systems, dependent upon the size and bathymetry of a given system; the location of the selenium input related to the shape and internal circulation of the waterbody, particularly in reservoirs with multiple riverine inputs; and the particular food web. EPA recommends that in implementing a selenium water quality criterion to protect aquatic life, fish tissue concentrations of selenium not override water column concentrations until sufficient time has passed to allow equilibrium to be attained in the food web of lotic and lentic systems. Estimates of steady state under new or increased selenium input situations are expected to be site dependent. Local information should be used to better refine an estimate of time to steady state for a particular waterbody. EPA seeks data and information that EPA can include in its final recommendations on time intervals during which fish tissue concentrations should not override water column concentrations.

    SUPPLEMENTARY INFORMATION:

    EPA will make the external peer review and public comments, as well as Agency responses to these comments on the previously published External Peer Review Draft Aquatic Life Ambient Water Quality Criterion for Selenium—Freshwater 2014 (EPA 822-P-14-001) (External Peer Review Draft), available in the docket with the revised draft selenium criteria document at www.regulations.gov.

    Dated: July 17, 2015. Kenneth J. Kopocis, Deputy Assistant Administrator, Office of Water.
    [FR Doc. 2015-18348 Filed 7-24-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0101; FRL-9930-21-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Polyvinyl Chloride and Copolymers Production (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Polyvinyl Chloride and Copolymers Production (40 CFR part 63, subpart HHHHHHH) (Renewal)” (EPA ICR No. 2432.03, OMB Control No. 2060-0666), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through July 31, 2015. Public comments were previously requested via the Federal Register (79 FR 30117) on May 27, 2014, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before August 26, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0101, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected]. Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected].

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is: 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: The affected entities are subject to the General Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes, or additions to the General Provisions, which are specified at 40 CFR part 63, subpart HHHHHHH. Owners or operators of the affected facilities must submit an initial notification report, performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

    Form Numbers: None.

    Respondents/affected entities: Polyvinyl chloride and copolymer production facilities that are major sources of HAP.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, Subpart HHHHHHH).

    Estimated number of respondents: 17 (total).

    Frequency of response: Initially, occasionally, and semiannually.

    Total estimated burden: 378,000 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $43,150,000 (per year), includes $5,150,000 in annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the estimated burden as currently identified in the OMB Inventory of Approved Burdens. In consulting with the Vinyl Institute during the renewal of this ICR, EPA received comprehensive comments on the burden associated with specific reporting and recordkeeping requirements, including, but not limited to, performance test, monitor installation, resin and wastewater sampling, equipment leak and process vent monitoring. We have updated the burden items to more accurately reflect the costs incurred by the industry. The update results in a substantial increase in the respondent labor hours, labor costs, and capital/O&M costs. There is also an increase in the number of responses as we have updated the number of subject major sources from 15 to 17 based on data provided by the Vinyl Institute.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-18243 Filed 7-24-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 11, 2015.

    A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Happy Bancshares, Inc., Employee Stock Ownership Plan with 401(k) Provisions, Vicki Wilmarth, Trustee, Amarillo, Texas; to acquire voting shares of Happy Bancshares, Inc., Canyon, Texas, and thereby indirectly acquire voting shares of Happy State Bank, Happy, Texas.

    Board of Governors of the Federal Reserve System, July 22, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-18310 Filed 7-24-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 21, 2015.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Heartland Financial USA, Inc., Dubuque, Iowa; to acquire 100 percent of the voting shares of Premier Valley Bank, Fresno, California.

    B. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Stearns Financial Services, Inc., Employee Stock Ownership Plan, Saint Cloud, Minnesota, to retain and acquire additional voting shares, for a total up to 32.48 percent of the voting shares of Stearns Financial Services, Inc., Saint Cloud, Minnesota, and thereby indirectly increase its control of Stearns Bank National Association, Saint Cloud, Minnesota, Stearns Bank of Upsala, National Association, Upsala, Minnesota, and Stearns Bank of Holdingford, National Association, Holdingford, Minnesota.

    Board of Governors of the Federal Reserve System, July 22, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-18312 Filed 7-24-15; 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 August 21, 2015.

    A. Federal Reserve Bank of Boston (Prabal Chakrabarti, Senior Vice President) 600 Atlantic Avenue, Boston, Massachusetts 02210-2204:

    1. South Shore Mutual Holding Company, Weymouth, Massachusetts; to acquire Satuit MHC, and indirectly acquire Scituate Federal Savings Bank, both in Scituate, Massachusetts, and thereby engage in operating a savings and loan association, pursuant to section 225.28(b)(4)(ii).

    Board of Governors of the Federal Reserve System, July 22, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-18311 Filed 7-24-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60 Day-15-15AWV; Docket No. CDC-2015-0060] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on an information collection pertaining to the collection of tuberculosis-related information from United States Panel Physicians.

    DATES:

    Written comments must be received on or before September 25, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0060 by any of the following methods:

    Federal eRulemaking Portal: Regulation.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.

    Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Information Collection for Tuberculosis Data from Panel Physicians—An Existing Collection in Use Without an OMB Control Number—National Center for Emerging and Zoonotic Infections Diseases (NCEZID), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The Centers for Disease Control and Prevention's (CDC), National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Division of Global Migration and Quarantine (DGMQ), Immigrant, Refugee, and Migrant Health Branch (IRMH), requests approval for a new information collection to request quarterly reports on certain tuberculosis data from U.S. panel physicians.

    The respondents are panel physicians. More than 760 panel physicians perform overseas pre-departure medical examinations in accordance with requirements, referred to as technical instructions, provided by the Centers for Disease Control and Prevention's Division of Global Migration and Quarantine, Quality Assessment Program (QAP). The role of QAP is to assist and guide panel physicians in the implementation of the Technical Instructions; evaluate the quality of the overseas medical examination for U.S.-bound immigrants and refugees; assess potential panel physician sites; and provide recommendations to the U.S. Department of State in matters of immigrant medical screening.

    To achieve DGMQ's mission, the Immigrant, Refugee and Migrant Health branch (IRMH) works with domestic and international programs to improve the health of U.S.-bound immigrants and refugees to protect the U.S. public by preventing the importation of infectious disease. These goals are accomplished through IRMH's oversight of medical exams required for all U.S.-bound immigrants and refugees who seek permanent residence in the U.S. IRMH is responsible for assisting and training the international panel physicians with the implementation of medical exam Technical Instructions (TI). Technical Instructions are detailed requirements and national policies regarding the medical screening and treatment of all U.S.-bound immigrants and refugees.

    Screening for tuberculosis (TB) is a particularly important component of the immigration medical exam and allows panel physicians to diagnose active TB disease prior to arrival in the United States. As part of the Technical Instructions requirements, panel physicians perform chest x-rays and laboratory tests that aid in the identification of tuberculosis infection (Class B1 applicants) and diagnosis of active tuberculosis disease (Class A, inadmissible applicants). CDC uses these classifications to report new immigrant and refugee arrivals with a higher risk of developing TB disease to U.S. state and local health departments for further follow-up. Some information that panel physicians collect as part of the medical exam is not reported on the standard Department of State forms (DS-forms), thereby preventing CDC from evaluating TB trends in globally mobile populations and monitoring program effectiveness.

    Currently, CDC is requesting this data to be sent by panel physicians once per year. The consequences of reducing this frequency would be the loss of monitoring program impact and TB burdens in mobile populations and immigrants and refugees coming to the United States on an annual basis. There is no cost to the respondents other than their time.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden
  • per response
  • (in hours)
  • Total burden hours
    International Panel Physicians (All sites) TB Indicators Excel Spreadsheet 353 1 7.5 2,648 TOTAL 2,648
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-18301 Filed 7-24-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-N-0987] Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Generic Clearance for the Collection of Qualitative Data on Tobacco Products and Communications AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that a collection of information entitled, “Generic Clearance for the Collection of Qualitative Data on Tobacco Products and Communications” has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

    FOR FURTHER INFORMATION CONTACT:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    On December 10, 2014, the Agency submitted a proposed collection of information entitled, “Generic Clearance for the Collection of Qualitative Data on Tobacco Products and Communications” to OMB for review and clearance under 44 U.S.C. 3507. 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. OMB has now approved the information collection and has assigned OMB control number 0910-0796. The approval expires on June 30, 2018. A copy of the supporting statement for this information collection is available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: July 22, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-18295 Filed 7-24-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-D-0103] Analytical Procedures and Methods Validation for Drugs and Biologics; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled “Analytical Procedures and Methods Validation for Drugs and Biologics.” This guidance supersedes the draft of the same name that published on February 19, 2014, and replaces the 2000 draft guidance for industry on “Analytical Procedures and Methods Validation” and the 1987 FDA guidance for industry on “Submitting Samples and Analytical Data for Methods Validation.” This guidance discusses how to submit analytical procedures and methods validation data to support the documentation of the identity, strength, quality, purity, and potency of drug substances and drug products.

    DATES:

    Submit either electronic or written comments on Agency guidances at any time.

    ADDRESSES:

    Submit written requests for single copies of this guidance to the Office of Communications, Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Bldg., 4th Floor, Silver Spring, MD 20993, or to the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 240-402-7800. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Lucinda Buhse, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 2130, Silver Spring, MD 20993-0002, 240-402-4595, or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

    SUPPLEMENTARY INFORMATION: I. Background

    FDA is announcing the availability of a guidance for industry entitled “Analytical Procedures and Methods Validation for Drugs and Biologics.” This guidance supersedes the draft of the same name that published on February 19, 2014, and replaces the 2000 draft guidance for industry on “Analytical Procedures and Methods Validation” and the 1987 FDA guidance for industry on “Submitting Samples and Analytical Data for Methods Validation.” It discusses how to submit analytical procedures and methods validation data to support the documentation of the identity, strength, quality, purity, and potency of drug substances and drug products, and how to assemble information and present data to support analytical methodologies. The recommendations in this guidance apply to new drug applications, abbreviated new drug applications, biologics license applications, and supplements to these applications. The principles in this guidance also apply to Type II drug master files. This guidance does not address investigational new drug application (IND) methods validation specifically, but the principles being discussed may be helpful to sponsors preparing INDs.

    This guidance complements the International Conference on Harmonisation guidance “Q2(R1) Validation of Analytical Procedures: Text and Methodology.”

    In the Federal Register of February 19, 2014 (79 FR 9467), this guidance was published as a draft guidance. We have carefully reviewed and considered the comments that were received on the draft guidance and have made changes for clarification.

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on analytical procedures and methods validation. 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. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 211, 21 CFR part 314, and 21 CFR part 601 have been approved under OMB control numbers 0910-0139, 0910-0001, and 0910-0338.

    III. Comments

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

    IV. 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/default.htm, or http://www.regulations.gov.

    Dated: July 21, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-18270 Filed 7-24-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Statement of Organization, Functions and Delegations of Authority

    This notice amends part R of the Statement of Organization, Functions and Delegations of Authority of the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA) (60 FR 56605, as amended November 6, 1995; as last amended at 80 FR 37639-37640 dated July 1, 2015).

    This notice reflects organizational changes in the Health Resources and Services Administration (HRSA), Maternal and Child Health Bureau (RM). Specifically, this notice: (1) Establishes the Office of Policy and Planning (RMA); (2) transfers the current Office of Policy Coordination (RM10) function to the newly established Office of Policy and Planning (RMA); and (3) abolishes the Office of Policy and Coordination (RM10).

    Chapter RM—Maternal and Child Health Bureau Section RM—00, Mission

    To provide national leadership, in partnership with key stakeholders, to improve the physical and mental health, safety and well-being of the maternal and child health (MCH) population which includes all of the nation's women, infants, children, adolescents, and their families, including fathers and children with special health care needs.

    Section RM-10, Organization

    Delete the organization for the Maternal and Child Health Bureau (RM) in its entirety and replace with the following:

    The Maternal and Child Health Bureau (RM) is headed by the Associate Administrator, who reports directly to the Administrator, Health Resources and Services Administration. The Maternal and Child Health Bureau includes the following components:

    (1) Office of the Associate Administrator (RM);

    (2) Office of Operations and Management (RM1);

    (3) Office of Policy and Planning (RMA);

    (4) Division of Services for Children with Special Health Needs (RM2);

    (5) Division of Child, Adolescent and Family Health (RM3);

    (6) Division of MCH Workforce Development (RM4);

    (7) Division of Healthy Start and Perinatal Services (RM5);

    (8) Division of State and Community Health (RM6);

    (9) Division of Home Visiting and Early Childhood Systems (RM8); and

    (10) Office of Epidemiology and Research (RM9).

    Section RM-20, Functions

    This notice reflects organizational changes in the Health Resources and Services Administration (HRSA), Maternal and Child Health Bureau (RM). Specifically, this notice: (1) Establishes the Office of Policy and Planning (RMA); (2) transfers the Office of Policy Coordination (RM10) function to the newly established Office of Policy and Planning (RMA); and (3) abolishes the Office of Policy and Coordination (RM10).

    Delete the function for the Office of Policy Coordination (RM10), and replace in its entirety.

    Office of Policy and Planning (RMA)

    The Office of Policy and Planning (OPP) serves as the Maternal and Child Health Bureau (MCHB) focal point for the development of MCHB policy and program planning. Specifically, the Office: (1) Supports the Office of the Associate Administrator in identifying, planning, and implementing policy and program priorities across MCHB; (2) works closely with the Office of the Associate Administrator to develop strategic plans, facilitate program alignment, and support special initiatives; (3) advises and assists in the development, coordination and management of program and policy documents, and responses to departmental and HRSA initiatives; and (4) coordinates with other components within HRSA and HHS, federal agencies, state and local governments, and other public and private organizations on issues affecting MCHB programs and policies.

    Delegations of Authority

    All delegations of authority and re-delegations of authority made to HRSA officials that were in effect immediately prior to this reorganization, and that are consistent with this reorganization, shall continue in effect pending further re-delegation.

    This reorganization is effective upon date of signature.

    Dated: July 15, 2015. James Macrae, Acting Administrator.
    [FR Doc. 2015-18415 Filed 7-24-15; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in 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 of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel Validation of Pediatric Patient Reported Outcomes in Chronic Diseases.

    Date: August 13-14, 2015

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015.

    Contact Person: Kan Ma, Ph.D., Scientific Review Officer, Scientific Review Branch, National Institute of Arthritis, Musculoskeletal and Skin Diseases, NIH, 6701 Democracy Boulevard, Suite 814, Bethesda, MD 20892, 301-451-4838, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)
    Dated: July 21, 2015. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-18244 Filed 7-24-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; 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 of Neurological Disorders and Stroke Special Emphasis Panel; E01 Parkinson's Disease Biomarker Samples.

    Date: July 30, 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, (Telephone Conference Call).

    Contact Person: Joel A. Saydoff, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Boulevard, Suite 3205, MSC 9529, Bethesda, MD 20892-9529, 301-435-9223, [email protected].

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; K99/R00 Review.

    Date: July 31, 2015.

    Time: 2:00 p.m. to 4:00 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: Elizabeth A Webber, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Boulevard, Suite 3208, MSC 9529, Bethesda, MD 20892-9529, 301-496-1917, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: July 21, 2015. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-18245 Filed 7-24-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Drug Abuse; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council on Drug Abuse.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public 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/or contract proposals 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 and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council on Drug Abuse.

    Date: September 1-2, 2015.

    Closed: September 1, 2015, 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications and/or proposals.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.

    Open: September 2, 2015, 8:00 a.m. to 2:00 p.m.

    Agenda: This portion of the meeting will be open to the public for announcements and reports of administrative, legislative, and program developments in the drug abuse field.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.

    Contact Person: Susan R.B. Weiss, Ph.D., Director, Division of Extramural Research, Office of the Director, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Boulevard, NSC, Room 5274, MSC 9591, Rockville, MD 20892, 301-443-6487, [email protected].

    Any member of the public interested in presenting oral comments to the committee may notify the Contact Person listed on this notice at least 10 days in advance of the meeting. Interested individuals and representatives of organizations may submit a letter of intent, a brief description of the organization represented, and a short description of the oral presentation. Only one representative of an organization may be allowed to present oral comments and if accepted by the committee, presentations may be limited to five minutes. Both printed and electronic copies are requested for the record. In addition, any interested person may file written comments with the committee by forwarding their statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    Information is also available on the Institute's/Center's home page: www.drugabuse.gov/NACDA/NACDAHome.html, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)
    Dated: July 21, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-18242 Filed 7-24-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Environmental Health Sciences; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Environmental Health Sciences Special Emphasis Panel; Support for the National Institute of Environmental Health Sciences (NIEHS) Clinical Research Program.

    Date: August 20-21, 2015.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate contract proposals.

    Place: Hilton Garden Inn Durham Southpoint, 7007 Fayetteville Road, Durham, NC 27713.

    Contact Person: RoseAnne M. McGee, Scientific Review Officer, Scientific Review Branch, Division of Extramural Research and Training, Nat. Institute of Environmental Health Sciences, P.O. Box 12233, MD EC-30, Research Triangle Park, NC 27709, (919) 541-0752, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS)
    Dated: July 21, 2015. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-18250 Filed 7-24-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Extension of the Air Cargo Advance Screening (ACAS) Pilot Program and Reopening of Application Period for Participation AGENCY:

    U.S. Customs and Border Protection, DHS.

    ACTION:

    General notice.

    SUMMARY:

    On October 24, 2012, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register that announced the formalization and expansion of the Air Cargo Advance Screening (ACAS) pilot program that would run for six months. CBP subsequently published several notices extending the pilot period and/or reopening the application period to new participants for limited periods. The most recent notice extended the pilot period through July 26, 2015. This document announces that CBP is extending the pilot period for an additional year and reopening the application period for new participants for 90 days. The ACAS pilot is a voluntary test in which participants submit a subset of required advance air cargo data to CBP at the earliest point practicable prior to loading of the cargo onto the aircraft destined to or transiting through the United States.

    DATES:

    CBP is extending the ACAS pilot program through July 26, 2016, and reopening the application period to accept applications for new ACAS pilot participants through October 26, 2015. Comments concerning any aspect of the announced test may be submitted at any time during the test period.

    ADDRESSES:

    Applications to participate in the ACAS pilot must be submitted via email to [email protected] In the subject line of the email, please use “ACAS Pilot Application”. Written comments concerning program, policy, and technical issues may also be submitted via email to [email protected] In the subject line of the email, please use “Comment on ACAS pilot”.

    FOR FURTHER INFORMATION CONTACT:

    Craig Clark, Cargo and Conveyance Security, Office of Field Operations, U.S. Customs & Border Protection, via email at [email protected]

    SUPPLEMENTARY INFORMATION: Background

    On October 24, 2012, CBP published a general notice in the Federal Register (77 FR 65006, corrected in 77 FR 65395 1 ) announcing that CBP is formalizing and expanding the ACAS pilot to include other eligible participants in the air cargo environment. The notice provides a description of the ACAS pilot, sets forth eligibility requirements for participation, and invites public comments on any aspect of the test. In brief, the ACAS pilot revises the time frame for pilot participants to transmit a subset of mandatory advance electronic information for air cargo. CBP regulations implementing the Trade Act of 2002 specify the required data elements and the time frame for submitting them to CBP. Pursuant to title 19, Code of Federal Regulations (19 CFR) 122.48a, the required advance information for air cargo must be submitted no later than the time of departure of the aircraft for the United States (from specified locations) or four hours prior to arrival in the United States for all other locations.

    1 This Federal Register notice, published on October 26, 2012, corrected the email address under the ADDRESSES heading for submitting applications or comments. The correct email address is [email protected]

    The ACAS pilot is a voluntary test in which participants agree to submit a subset of the required 19 CFR 122.48a data elements (ACAS data) at the earliest point practicable prior to loading of the cargo onto the aircraft destined to or transiting through the United States. The ACAS data is used to target high-risk air cargo. CBP is considering possible amendments to the regulations regarding advance information for air cargo. The results of the ACAS pilot will help determine the relevant data elements, the time frame within which data must be submitted to permit CBP to effectively target, identify and mitigate any risk with the least impact practicable on trade operations, and any other related procedures and policies.

    Extension of the ACAS Pilot Period and Reopening of the Application Period

    The October 2012 notice announced that the ACAS pilot would run for six months. The notice provided that if CBP determined that the pilot period should be extended, CBP would publish another notice in the Federal Register. The October 2012 notice also stated that applications for new ACAS pilot participants would be accepted until November 23, 2012. CBP subsequently published several notices extending the pilot period and/or reopening the application period to new participants for limited periods. On December 26, 2012, CBP published a notice in the Federal Register (77 FR 76064) reopening the application period for new participants until January 8, 2013. On January 3, 2013, the Federal Register published a correction (78 FR 315) stating that the correct date of the close of the reopened application period was January 10, 2013. On April 23, 2013, CBP published a notice in the Federal Register (78 FR 23946) extending the ACAS pilot period through October 26, 2013, and reopening the application period through May 23, 2013. On October 23, 2013, CBP published a notice in the Federal Register (78 FR 63237) extending the ACAS pilot period through July 26, 2014, and reopening the application period through December 23, 2013. Finally, on July 28, 2014, CBP published a notice in the Federal Register (79 FR 43766) extending the ACAS pilot period through July 26, 2015, and reopening the application period through September 26, 2014.

    Each extension of the pilot period and reopening of the application period has allowed for a significant increase in the diversity and number of pilot participants. CBP continues to receive a number of requests to participate in the pilot. CBP would like to extend the pilot further and reopen the application period for participants in order to provide sufficient opportunity to the broader air cargo community to participate and prepare for a potential regulatory regime in a pilot environment. CBP would also like to ensure continuity in the flow of advance air cargo security information as the rulemaking process progresses.

    For these reasons, CBP is extending the ACAS pilot period through July 26, 2016, and reopening the application period through October 26, 2015.

    Anyone interested in participating in the ACAS pilot should refer to the notice published in the Federal Register on October 24, 2012, for additional application information and eligibility requirements.

    Dated: July 21, 2015. Todd C. Owen, Assistant Commissioner, Office of Field Operations.
    [FR Doc. 2015-18287 Filed 7-24-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0064] Agency Information Collection Activities: Importer ID Input Record 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: Importer ID Input Record (CBP Form 5106). CBP is proposing that this information collection be revised with a change to the burden hours, a change of the form's name to read, “Create/Update Importer Identity Form,” and a change to the information collected on Form 5106. This is a proposed revision of an information collection that was previously approved. This document is published to obtain comments from the public and affected agencies.

    DATES:

    Written comments should be received on or before August 26, 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 (79 FR 61091) on October 9, 2014, allowing for a 60-day comment period. CBP received 27 comment letters in response to the 60-day notice. 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: Importer ID Input Record.

    OMB Number: 1651-0064.

    Form Number: CBP Form 5106.

    Abstract: The collection of the information on the Importer ID Input Record (CBP Form 5106) is the basis for establishing bond coverage, release and entry of merchandise, liquidation, and the issuance of bills and refunds. Each person, business firm, government agency, or other organization that intends to file an import entry shall file CBP Form 5106 with the first formal entry or request for services that will result in the issuance of a bill or a refund check upon adjustment of a cash collection. This form is also filed for the ultimate consignee for whom an entry is being made.

    CBP proposes to revise the CBP Form 5106 by changing the name of this form to be clearer as to its intended purpose, and by gathering additional information about the company and its officers. This will enhance CBP's ability to make an informative assessment of risk prior to the initial importation, and will provide CBP with improved awareness regarding the company and its officers who have chosen to conduct business with CBP. CBP is also requesting that the company officers whose information will be submitted on this form have importing and financial business knowledge of the company, and that they have the legal authority to make decisions on behalf of the company.

    The revised form will capture more detailed company information which is in alignment with other U.S. Government data standards and business standards. In addition to collecting information about the business structure and its officers, this detailed information will provide CBP with a greater knowledge about the company and its previous business practices. The new data elements that CBP proposes to collect are:

    If you are an importer, how many entries do you plan on filing in a year? How will the identification number be utilized? Program Code (Indicates membership in ISA or C-TPAT) Type of address (for mailing address) Type of address (for physical location) Phone Number and extension Fax number Email address Web site A brief business description. The 6-digit North American Industry Classification System (NAICS) code for this business. The D-U-N-S Number for the Importer. The filer code if submitting as a broker/self-filer. Year established Primary Banking Institution Certificate or Articles of Incorporation—(Locator I.D.) Certificate or Articles of Incorporation—(Reference Number) Business Structure/Company Officers Company Position Title Name Direct Phone Number and extension Direct Email Social Security Number Passport Number Passport Country of Issuance Passport Expiration Date Passport Type Broker Name Broker Telephone Number

    CBP also proposes to rename this form “Create/Update Importer Identity Form” to make the form's purpose clearer to respondents.

    Based on public comments received on the 60-day Federal Register Notice (79 FR 61091) of October 9, 2014, CBP also made the following changes to the proposed, new version of Form 5106:

    (1) The estimated average time to complete this form was increased from 30 minutes to 45 minutes.

    (2) The Quick Response (QR) Code was placed in the upper left corner of the document to provide users with a quick link to the form on the Internet.

    (3) In the Type of Action section of the form, the statement, “If a continuous bond is on file, a rider must accompany this change document” was removed because it is no longer necessary with e-Bonds.

    (4) In section 1E of Form 5106 which involves CBP-Assigned numbers, the instructions were clarified to include the statement, “If you have elected to request a CBP-Assigned Number in lieu of your SSN, you must provide your SSN in Section 3J of this form.”

    (5) In section 1I of Form 5106, which involves how the identification number will be utilized, a statement was added in the instructions to clarify that if the role of the party is not listed, respondents can select “Other” and then list the specific role for the party. (ex., Transportation carrier, Licensed Customs Brokerage Firm, Container Freight Station, Commercial Warehouse/Foreign Trade Zone Operator, Container Examination Station or Deliver to Party).

    (6) In section 1J thru 1M (Program Codes) of Form 5106, a statement was added in the instructions to clarify that current, active participants in CBP Partnership Program(s) (C-TPAT, ISA, etc.) must provide the program code in Block 1J thru Block 1M, and the information that is contained in section 3 will not be required.

    (7) In section 3, Company Information, the instructions were amended to clarify that the following fields are optional:

    • In section 3C DUNS Number for the Importer;

    • In section 3F Related Business Information- the IRS number is optional if this number is not available;

    • In section 3J Business Structure/Beneficial Owner/Company Officers, the following fields are optional:

    Social Security Number Passport Number Country Issuance Expiration Date Passport Types

    Since the publication of the 60-day FRN, CBP also made the following revisions:

    (1) Added an extension for all telephone numbers that are requested on the form.

    (2) In section 3J, added “Beneficial Owner” to title of that section to make it now “Business Structure/Beneficial Owner/Company Officers” Also, the instructions for section 3J were amended to clarify what information is needed.

    CBP Form 5106 is authorized by 19 U.S.C. 1484 and provided for by 19 CFR 24.5. The current version of this form is accessible at: http://www.cbp.gov/sites/default/files/documents/CBP%20Form%205106%20%2805-13%29.pdf. The proposed new version of this form, the public comments that were received, and a summary and response to these comments may be viewed at: http://www.cbp.gov/trade/trade_community/cbp-publishes-federal-register-notice-proposing-revisions-cbp-form-5106.

    Current Actions: CBP proposes to revise the information being collected by adding data elements to CBP Form 5106. This revision will result in an increase in the estimated time to complete this form, from 15 minutes to 45 minutes, and will also increase the burden hours from 75,000 to 225,000. CBP also proposes to rename this form “Create/Update Importer Identity Form” and to make the changes described above in the “Abstract” section.

    Type of Review: Revision.

    Affected Public: Businesses and Individuals.

    Estimated Number of Respondents: 300,000.

    Estimated Time per Respondent: 45 minutes.

    Estimated Total Annual Burden Hours: 225,000.

    Dated: July 21, 2015. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection.
    [FR Doc. 2015-18306 Filed 7-24-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

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

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 25, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive
  • officer of community
  • Community map repository Effective date of modification Community
  • No.
  • Connecticut: New Haven (FEMA Docket No.: B-1473) Town of Branford (15-01-0490P) Mr. James B. Cosgrove, First Selectman, Town of Branford, 1019 Main Street, Branford, CT 06405 1019 Main Street, Branford, CT 06405 April 22, 2015 090073 Illinois: Adams (FEMA Docket No.: B-1473) City of Quincy (14-05-9049P) The Honorable Kyle Moore, Mayor, City of Quincy, 730 Main Street, Quincy, IL 62301 730 Main Street, Quincy, IL 62301 May 22, 2015 170003 Adams (FEMA Docket No.: B-1473) Unincorporated Areas of Adams County (14-05-9049P) The Honorable Les Post, Chairman, Adams County, 101 North 54th Street, Quincy, IL 62305 101 North 54th Street, Quincy, IL 62305 May 22, 2015 170001 Kane (FEMA Docket No.: B-1473) City of Elgin (14-05-4054P) The Honorable Dave Kaptain, Mayor, City of Elgin, 150 Dexter Court, Elgin, IL 60120 150 Dexter Court, Elgin, IL 60120 May 6, 2015 170087 Indiana: Clark (FEMA Docket No.: B-1473) City of Jefferson (14-05-9401P) The Honorable Mike Moore, Mayor, City of Jeffersonville, 500 Quartermaster Court, Suite 250, Jeffersonville, IN 47130 500 Quartermaster Court, Jeffersonville, IN 47130 April 17, 2015 180027 Clark (FEMA Docket No.: B-1473) Town of Utica (14-05-9401P) The Honorable Hank Dorman, Board President, Town of Utica, 736 Utica Charlestown Road, Utica, IN 47130 736 Utica Charlestown Road, Utica, IN 47130 April 17, 2015 180487 Clark (FEMA Docket No.: B-1473) Unincorporated Areas of Clark County (14-05-9401P) The Honorable Jack Coffman, President, County Commissioners, 501 East Court Avenue, Room 404, Jeffersonville, IN 47130 501 East Court Avenue, Jeffersonville, IN 47130 April 17, 2015 180426 Missouri: Jasper (FEMA Docket No.: B-1473) City of Joplin (14-07-0736P) The Honorable Michael Seibert, Mayor, City of Joplin, 602 South Main Street, Joplin, MO 64801 602 South Main Street, Joplin, MO 64801 May 26, 2015 290183 Ohio: Delaware (FEMA Docket No.: B-1473) Unincorporated Areas of Delaware County (14-05-3856P) The Honorable Gary Merrell, President, Delaware County, Board of Commissioners, 101 North Sandusky Street, Delaware, OH 43015 101 North Sandusky Street, Delaware, OH 43015 May 13, 2015 390146 Franklin (FEMA Docket No.: B-1473) City of Columbus (15-05-0192X) The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, 2nd Floor, Columbus, OH 43215 90 West Broad Street, Columbus, OH 43215 May 14, 2015 390170 Marion (FEMA Docket No.: B-1473) Unincorporated Areas of Marion County (14-05-3856P) The Honorable Daniel L. Russell, Marion County Board of Commissioners, 222 West Center Street, Marion, OH 43302 222 West Center Street, Marion, OH 43302 May 13, 2015 390774 Oregon: Washington (FEMA Docket No.: B-1473) City of Hillsboro (14-10-1501P) The Honorable Jerry Willey, Mayor, City of Hillsboro, 150 East Main Street, Hillsboro, OR 97123 150 East Main Street, Hillsboro, OR 97123 May 18, 2015 410243 Washington (FEMA Docket No.: B-1473) Unincorporated Areas of Washington County (14-10-1501P) The Honorable Andy Duyck, Chairman, Board of Directors, Washington County, 155 North 1st Avenue, Suite 300, Hillsboro, OR 97124 155 North 1st Avenue, Hillsboro, OR 97124 May 18, 2015 410238 Wisconsin: Portage (FEMA Docket No.: B-1473) City of Stevens Point (14-05-4844P) The Honorable Gary Wescott, Mayor, City of Steven Point, 1515 Strongs Avenue, Stevens Point, WI 54481 1515 Strongs Avenue, Stevens Point, WI 54481 May 15, 2015 550342
    [FR Doc. 2015-18281 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

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

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 25, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive officer of
  • community
  • Community map repository Effective date of
  • modification
  • Community No.
    Oregon: Baker (FEMA Docket No.: B-1503) City of Baker (15-10-0084P) The Honorable Kim Mosier, Mayor, City of Baker, P.O. Box 650, 1655 First Street Baker, OR 97814 City Hall, 1655 1st Street Baker, OR 97814 May 26, 2015 410002 Baker (FEMA Docket No.: B-1503) Unincorporated areas of Baker County (15-10-0084P) The Honorable Bill Harvey, Commission Chair, Baker County, 1995 Third Street, Baker, OR 97814 Court House, 1995 3rd Street, Baker, OR 97814 May 26, 2015 410001 Virginia: Loudoun. (FEMA Docket No.: B-1503) Unincorporated areas of Loudoun County (15-03-0229P) Mr. Scott K. York, Chairman, Board of Supervisors, P.O. Box 7000, 1 Harrison Street, S.E., 5th Floor, Leesburg, VA 20177 Loudoun County Building, Building and Development Department, 1 Harrison Street, S.E., Leesburg, VA 20177 May 15, 2015 510090
    [FR Doc. 2015-18280 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4228-DR; Docket ID FEMA-2015-0002] Louisiana; Major Disaster and Related Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of the Presidential declaration of a major disaster for the State of Louisiana (FEMA-4228-DR), dated July 13, 2015, and related determinations.

    DATES:

    Effective Date: July 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated July 13, 2015, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), as follows:

    I have determined that the damage in certain areas of the State of Louisiana resulting from severe storms and flooding during the period of May 18 to June 20, 2015, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Louisiana.

    In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

    You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.

    Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, William J. Doran III, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of Louisiana have been designated as adversely affected by this major disaster:

    Bossier, Caddo, Grant, Natchitoches, and Red River Parishes for Public Assistance.

    All areas within the State of Louisiana are eligible for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2015-18271 Filed 7-24-15; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

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

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 25, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive officer of community Community map repository Effective date of modification Community No. Maine: Cumberland (FEMA Docket No.: B-1465) Town of Harpswell (14-01-3296P) Ms. Elinor Multer, Chair, Board of Selectmen, Town of Harpswell, P.O. Box 39, Harpswell, ME 04079 Code Enforcement Building, 263 Mountain Road, Harpswell, ME 04079 June 3, 2015 230169 Oregon: Jackson (FEMA Docket No.: B-1503) City of Medford (15-10-0236X) The Honorable Gary Wheeler, Mayor, City of Medford, 411 West 8th Street, Medford, OR 97501 Building Department, 200 South Ivy Street, Medford, OR 97301 June 4, 2015 410096
    [FR Doc. 2015-18267 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

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

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 25, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive officer of community Community map repository Effective date of modification Community No. Alabama: Shelby (FEMA Docket No.: B-1505) Unincorporated areas of Shelby County (14-04-A927P) The Honorable Rick Shepherd, Chairman, Shelby County Board of Commissioners, 200 West College Street, Columbiana, AL 35051 Shelby County Engineer's Office, 506 Highway 70, Columbiana, AL 35051 June 1, 2015 010191 Colorado: Douglas (FEMA Docket No.: B-1508) Unincorporated areas of Douglas County (14-08-0892P) The Honorable Jill Repella, Chair, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104 Douglas County Public Works Department, Engineering Division, 100 3rd Street, Castle Rock, CO 80104 June 12, 2015 080049 Ouray (FEMA Docket No.: B-1505) Town of Ridgway (14-08-1315P) The Honorable John Clark, Mayor, Town of Ridgway, P.O. Box 10, Ridgway, CO 81432 Town Hall, 201 North Railroad Street, Ridgway, CO 81432 May 29, 2015 080138 Florida Manatee (FEMA Docket No.: B-1505) Unincorporated areas of Manatee County (14-04-8724P) The Honorable Larry Bustle, Chairman, Manatee County Board of Commissioners, 1112 Manatee Avenue West, 9th Floor, Bradenton, FL 34205 Manatee County Building and Development Services Department, 1112 Manatee Avenue, West Bradenton, FL 34205 June 5, 2015 120153 Monroe (FEMA Docket No.: B-1508) City of Key West (14-04-A505P) The Honorable Craig Cates, Mayor, City of Key West, 3126 Flagler Avenue, Key West, FL 33040 Planning Department, 605A Simonton Street, Key West, FL 33040 June 5, 2015 120168 Georgia: Columbia (FEMA Docket No.: B-1505) Unincorporated areas of Columbia County (15-04-1887P) The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 Columbia County Planning Department, 603 Ronald Reagan Drive, Building B, 1st Floor, Evans, GA 30809 May 28, 2015 130059 Kentucky: Scott (FEMA Docket No.: B-1505) City of Georgetown (14-04-4874P) The Honorable Everett Varney, Mayor, City of Georgetown, 100 Court Street, Georgetown, KY 40324 Planning Commission, 230 East Main Street, Georgetown, KY 40324 May 29, 2015 210208 Scott (FEMA Docket No.: B-1505) Unincorporated areas of Scott County (14-04-4874P) The Honorable George Lusby, Scott County Judge, 101 East Main Street, Georgetown, KY 40324 Scott County Building Inspections Department, 100 Court Street, Georgetown, KY 40324 May 29, 2015 210207 Louisiana: Rapides (FEMA Docket No.: B-1509) City of Alexandria (14-06-4775P) The Honorable Jacques M. Roy, Mayor, City of Alexandria, P.O. Box 71, Alexandria, LA 71309 City Hall, 915 3rd Street, Alexandria, LA 71301 May 21, 2015 220146 Montana: Ravalli (FEMA Docket No.: B-1505) Unincorporated areas of Ravalli County (15-08-0109P) The Honorable Jeff Burrows, Chairman, Ravalli County Board of Commissioners, 215 South 4th Street, Suite A, Hamilton, MT 59840 Floodplain Map Repository, 215 South 4th Street, Suite A, Hamilton, MT 59840 June 8, 2015 300061 New Mexico: Bernalillo (FEMA Docket No.: B-1509) Unincorporated areas of Bernalillo County (14-06-0924P) The Honorable Maggie Hart Stebbins, Chair, Bernalillo County Board of Commissioners, 1 Civic Plaza Northwest, Albuquerque, NM 87102 Bernalillo County Planning and Development Division, 111 Union Square Southeast, Suite 100, Albuquerque, NM 87102 May 12, 2015 350001 North Carolina: Cabarrus (FEMA Docket No.: B-1505) City of Harrisburg (14-04-6011P) The Honorable Steve Sciascia, Mayor, Town of Harrisburg, 4100 Mail Street, Harrisburg, NC 28075 Planning Department, 4100 Main Street, Harrisburg, NC 28075 February 26, 2015 370038 Durham (FEMA Docket No.: B-1505) City of Durham (14-04-4200P) The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701 Public Works Department, 101 City Hall Plaza, Durham, NC 27701 February 17, 2015 370086 Guilford (FEMA Docket No.: B-1508) City of Greensboro (14-04-9100P) The Honorable Nancy Vaughan, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402 Central Library, 219 North Church Street, Greensboro, NC 27401 June 26, 2015 375351 Iredell (FEMA Docket No.: B-1464) Town of Mooresville (14-04-4151P) The Honorable Miles Atkins, Mayor, Town of Mooresville, 413 North Main Street, Mooresville, NC 28115 Planning Department, 413 North Main Street, Mooresville, NC 28115 March 5, 2015 370314 Union (FEMA Docket No.: B-1508) Town of Weddington (14-04-7777P) The Honorable Bill Deter, Mayor, Town of Weddington, 1924 Weddington Road, Weddington, NC 28104 Planning Department, 1924 Weddington Road, Weddington, NC 28104 June 22, 2015 370518 Union (FEMA Docket No.: B-1508) Unincorporated areas of Union County (14-04-7777P) The Honorable Richard Helms, Chairman, Union County Board of Commissioners, 500 North Main Street, Room 921, Monroe, NC 28112 Union County Planning Department, 500 Main Street, Monroe, NC 28112 June 22, 2015 370234 Ohio: Franklin (FEMA Docket No.: B-1509) City of Columbus (14-05-8003P) The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, 2nd Floor, Columbus, OH 43215 Department of Public Utilities, 1250 Fairwood Avenue, Columbus, OH 43206 April 22, 2015 390170 Franklin (FEMA Docket No.: B-1509) City of Hilliard (14-05-8003P) The Honorable Don Schonhardt, Mayor, City of Hilliard, 5171 Northwest Parkway, Hilliard, OH 43026 City Hall, 3800 Municipal Way, Hilliard, OH 43026 April 22, 2015 390175 Franklin (FEMA Docket No.: B-1509) Unincorporated areas of Franklin County (14-05-8003P) The Honorable Marilyn Brown, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215 Franklin County Economic Development and Planning Department, 150 South Front Street, Suite 10, Columbus, OH 43215 April 22, 2015 390167 South Carolina: Beaufort (FEMA Docket No.: B-1505) Town of Bluffton (15-04-2707P) The Honorable Lisa Sulka, Mayor, Town of Bluffton, 20 Bridge Street, Bluffton, SC 29910 Growth Management Customer Service Center, 20 Bridge Street, Bluffton, SC 29910 June 5, 2015 450251 Charleston (FEMA Docket No.: B-1505) Town of Mount Pleasant (15-04-0360P) The Honorable Linda Page Mayor, Town of Mount Pleasant, 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Town Hall, 100 Ann Edwards Lane, Mount Pleasant, SC 29464 June 1, 2015 455417 Texas: Bexar (FEMA Docket No.: B-1506) City of San Antonio (14-06-0780P) The Honorable Ivy R. Taylor, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204 May 6, 2015 480045 Bexar (FEMA Docket No.: B-1506) City of San Antonio (15-06-0882X) The Honorable Ivy R. Taylor, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204 May 6, 2015 480045 Dallas (FEMA Docket No.: B-1506) City of Lancaster (14-06-3046P) The Honorable Marcus E. Knight, Mayor, City of Lancaster, P.O. Box 940, Lancaster, TX 75146 City Hall, 211 North Henry Street, Lancaster, TX 75146 June 1, 2015 480182 Denton (FEMA Docket No.: B-1506) City of Frisco (14-06-3421P) The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034 City Hall, 6101 Frisco Square Boulevard, Frisco, TX 75034 May 4, 2015 480134 Denton (FEMA Docket No.: B-1506) Town of Little Elm (14-06-3421P) The Honorable David Hillock, Mayor, Town of Little Elm, 100 West Eldorado Parkway, Little Elm, TX 75068 Town Hall, 100 West Eldorado Parkway, Little Elm, TX 75068 May 4, 2015 481152 Caldwell (FEMA Docket No.: B-1506) City of Martindale (13-06-3462P) The Honorable Doyle Mosier, Mayor, City of Martindale, P.O. Box 365, Martindale, TX 78655 City Hall, 409 Main Street, Martindale, TX 78655 May 15, 2015 481587 Caldwell (FEMA Docket No.: B-1506) Unincorporated areas of Caldwell County (13-06-3462P) The Honorable Ken Schawe, Caldwell County Judge, 110 South Main Street, Room 201, Lockhart, TX 78644 Caldwell County, Emergency Management Office, 110 South Main Street, Lockhart, TX 78644 May 15, 2015 480094 Guadalupe (FEMA Docket No.: B-1506) Unincorporated areas of Guadalupe County (13-06-3462P) The Honorable Kyle Kutscher, Guadalupe County Judge, 211 West Court Street, Seguin, TX 78155 Guadalupe County, Emergency Management Office, 415 East Donegan Street, Seguin, TX 78155 May 15, 2015 480266 Harris (FEMA Docket No.: B-1506) Unincorporated areas of Harris County (15-06-0108P) The Honorable Ed M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County, Emergency Management Office, 1001 Preston Street, Houston, TX 77002 May 18, 2015 480287 Tarrant (FEMA Docket No.: B-1506) City of Fort Worth (14-06-4247P) The Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 Public Works Department, 1000 Throckmorton Street, Fort Worth, TX 76102 May 22, 2015 480596 Tarrant (FEMA Docket No.: B-1506) City of Keller (14-06-4310P) The Honorable Mark Mathews, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244 Public Works Department, 1100 Bear Creek Parkway, Keller, TX 76248 June 6, 2015 480602 Utah: Davis (FEMA Docket No.: B-1508) City of Fruit Heights (14-08-1211P) The Honorable Don Carroll, Mayor, City of Fruit Heights, 910 South Mountain Road, Fruit Heights, UT 84037 City Hall, 910 South Mountain Road, Fruit Heights, UT 84307 June 5, 2015 490045 Davis (FEMA Docket No.: B-1508) City of Kaysville (14-08-1178P) The Honorable Steve A. Hiatt, Mayor, City of Kaysville, 23 East Center Street, Kaysville, UT 84037 City Hall, 23 East Center Street, Kaysville, UT 84037 June 5, 2015 490046 Davis (FEMA Docket No.: B-1508) City of Kaysville (14-08-1211P) The Honorable Steve A. Hiatt, Mayor, City of Kaysville, 23 East Center Street, Kaysville, UT 84037 City Hall, 23 East Center Street, Kaysville, UT 84037 June 5, 2015 490046 Virginia: Albemarle (FEMA Docket No.: B-1506) Unincorporated areas of Albemarle County (14-03-0864P) The Honorable Thomas C. Foley, Albemarle County Executive, 401 Mclntire Road, Charlottesville, VA 22902 Albemarle County Department of Community Development, 401 Mclntire Road, Charlottesville, VA 22902 June 3, 2015 510006 Fairfax (FEMA Docket No.: B-1506) Unincorporated areas of Fairfax County (15-03-0079P) The Honorable Edward L. Long, Jr., Fairfax County Executive, 12000 Government Center Parkway, Fairfax, VA 22035 Fairfax County, Stormwater Planning Division, 12000 Government Center Parkway, Fairfax, VA 22035 June 5, 2015 510525 Frederick (FEMA Docket No.: B-1506) City of Winchester (14-03-2926P) The Honorable Eden Freeman, Manager, City of Winchester, 15 North Cameron Street, Winchester, VA 22601 Department of Public Services, 15 North Cameron Street, Winchester, VA 22601 May 21, 2015 510173 Loudoun (FEMA Docket No.: B-1506) Town of Leesburg (14-03-1706P) The Honorable Kristen C. Umstattd, Mayor, Town of Leesburg, 25 West Market Street, Leesburg, VA 20176 Town Hall, 25 West Market Street, Leesburg, VA 20176 May 14, 2015 510091 Loudoun (FEMA Docket No.: B-1506) Unincorporated areas of Loudoun County (14-03-1706P) The Honorable Scott K. York, Chairman-at-Large, Loudoun County Board of Supervisors, P.O. Box 7000, Leesburg, VA 20177 Loudoun County Building and Development, Department 1 Harrison Street Southeast, Leesburg, VA 20175 May 14, 2015 510090
    [FR Doc. 2015-18283 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1510] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency; DHS.

    ACTION:

    Notice; correction.

    SUMMARY:

    On May 6, 2015, FEMA published in the Federal Register a proposed flood hazard determination notice that contained erroneous tables. This notice provides corrections to those tables, to be used in lieu of the information published at 80 FR 26068-26070. The tables provided here represent the proposed flood hazard determinations and communities affected for Lee County, Florida, and Incorporated Areas and San Patricio County, Texas, and Incorporated Areas.

    DATES:

    Comments are to be submitted on or before October 26, 2015.

    ADDRESSES:

    The Preliminary Flood Insurance Rate Map (FIRM), and where applicable, the Flood Insurance Study (FIS) report for each community are available for inspection at both the online location and the respective Community Map Repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1510, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064 or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed in the table below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP may only be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.

    The communities affected by the flood hazard determinations are provided in the table below. Any request for reconsideration of the revised flood hazard determinations shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations will also be considered before the FIRM and FIS report are made final.

    Correction

    In the proposed flood hazard determination notice published at 80 FR 26068-26070 in the May 6, 2015, issue of the Federal Register, FEMA published tables titled “Lee County, Florida, and Incorporated Areas” and “San Patricio County, Texas, and Incorporated Areas”. These tables contained inaccurate information as to the community name for the Unincorporated Areas of Lee County and the community map repository address for the City of San Patricio. In this document, FEMA is publishing the tables containing the accurate information. The information provided below should be used in lieu of that previously published.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: July 17, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Lee County, Florida, and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 14-04-A039S Preliminary Date: December 15, 2014 City of Fort Myers Development Department, 1825 Hendry Street, Suite 101, Fort Myers, FL 33901. Unincorporated Areas of Lee County Lee County Community Development Department, 1500 Monroe Street, Second Floor, Fort Myers, FL 33901. San Patricio County, Texas, and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 07-06-0112S Preliminary Dates: August 29, 2014 and January 16, 2015 City of Aransas Pass City Hall, 600 West Cleveland Boulevard, Aransas Pass, TX 78336. City of Gregory City Hall, 204 West 4th Street, Gregory, TX 78359. City of Ingleside City Hall Annex, 2665 San Angelo Street, Ingleside, TX 78362. City of Ingleside On The Bay Ingleside On The Bay City Hall, 475 Starlight Drive, Ingleside, TX 78362. City of Lake City City Hall, 132 Cox Drive, Lake City, TX 78368. City of Lakeside Community Center, 101 Weber Lane, Lakeside, TX 78368. City of Mathis City Hall, 411 East San Patricio Avenue, Mathis, TX 78368. City of Odem City Hall, 514 Voss Avenue, Odem, TX 78370. City of Portland Public Works, 1101 Moore Drive, Portland, TX 78374. City of San Patricio City Hall, 4516 Main Street, San Patricio, TX 78368. City of Sinton City Hall, 301 East Market Street, Sinton, TX 78387. City of Taft City Hall, 501 Green Avenue, Taft, TX 78390. Unincorporated Areas of San Patricio County San Patricio County Civic Center, 219 West 5th Street, Sinton, TX 78387.
    [FR Doc. 2015-18279 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA-2015-0010; OMB No. 1660-0070] Agency Information Collection Activities: Submission for OMB Review; Comment Request; National Fire Department Census AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Emergency Management Agency, 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 a proposed extension, without change, of a currently approved collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the use of a form to collect data for the development and continuation of the National Fire Department Census.

    DATES:

    Comments must be submitted on or before August 26, 2015.

    ADDRESSES:

    Submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the Desk Officer for the Department of Homeland Security, Federal Emergency Management Agency, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection should be made to Director, Records Management Division, 500 C Street SW., Washington, DC 20472-3100, or email address [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposed information collection previously published in the Federal Register on May 6, 2015 at 80 FR 26071 with a 60 day public comment period. No comments were received. The purpose of this notice is to notify the public that FEMA will submit the information collection abstracted below to the Office of Management and Budget for review and clearance.

    Collection of Information

    Title: National Fire Department Census.

    Type of information collection: Extension, without change, of a currently approved information collection.

    OMB Number: 1660-0070.

    Form Titles and Numbers: FEMA Form 070-0-0-1, National Fire Department Census.

    Abstract: This collection seeks to identify fire departments in the United States to compile and update a database related to their demographics, capabilities, and activities. The database is used to guide programmatic decisions and provide information to the public and the fire service.

    Affected Public: State, Local, or Tribal Government.

    Estimated Number of Respondents: 8,280.

    Estimated Total Annual Burden Hours: 2,093 hours.

    Estimated Cost: The estimated annual cost to respondents for the hour burden is $10,072. The estimated annual cost to respondents operations and maintenance costs for technical services is $0. There are no annual start-up or capital costs. The cost to the Federal government is $88,866.

    Dated: July 16, 2015. Janice Waller, Acting, Director, Records Management Division, Mission Support Bureau, Federal Emergency Management Agency, Department of Homeland Security.
    [FR Doc. 2015-18273 Filed 7-24-15; 8:45 am] BILLING CODE 9111-45-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2015-0001] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

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

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 25, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive officer of community Community map repository Effective date of modification Community No. Arizona: Maricopa (FEMA Docket No.: B-1505) City of Phoenix (14-09-3346P) The Honorable Greg Stanton, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003 Street Transportation Department, 200 West Washington Street, 5th Floor, Phoenix, AZ 85003 May 28, 2015 040051 Maricopa (FEMA Docket No.: B-1474) City of Surprise (14-09-4439P) The Honorable Sharon Wolcott, Mayor, City of Surprise, 16000 North Civic Center Plaza, Surprise, AZ 85374 Community Development Services, 12425 West Bell Road, Suite D-100, Surprise, AZ 85374 April 24, 2015 040053 Maricopa (FEMA Docket No.: B-1474) Unincorporated areas of Maricopa County (14-09-4439P) The Honorable Denny Barney, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, AZ 85003 Maricopa County Flood Control District, 2801 West Durango Street, Phoenix, AZ 85009 April 24, 2015 040037 Mojave (FEMA Docket No.: B-1505) City of Bullhead City (14-09-3576P) The Honorable Tom Brady, Mayor, City of Bullhead City, 2355 Trane Road, Bullhead City, AZ 86442 Emergency Management Department, 1255 Marina Boulevard, Bullhead City, AZ 86442 May 14, 2015 040125 Pinal (FEMA Docket No.: B-1474) City of Maricopa (14-09-3623P) The Honorable Christian Price, Mayor, City of Maricopa, 39700 West Civic Center Plaza, Maricopa, AZ 85139 City Hall, 44624 West Garvey Avenue, Maricopa, AZ 85239 April 27, 2015 040052 Yavapai (FEMA Docket No.: B-1505) Town of Clarkdale (14-09-3026P) The Honorable Doug Von Gausig, Mayor, Town of Clarkdale, P.O. Box 308, Clarkdale, AZ 86324 Public Works Department, 890 Main Street, Clarkdale, AZ 86324 May 14, 2015 040095 Yavapai (FEMA Docket No.: B-1505) Unincorporated areas of Yavapai County (14-09-3026P) The Honorable Rowle P. Simmons, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305 Yavapai County Flood Control District, 500 South Marina Street, Prescott, AZ 86303 May 14, 2015 040093 California: Contra Costa (FEMA Docket No.: B-1474) City of Orinda (14-09-0967P) The Honorable Sue Severson, Mayor, City of Orinda, 22 Orinda Way, Orinda, CA 94563 Public Works Department, 22 Orinda Way, Orinda, CA 94563 April 23, 2015 060722 Riverside (FEMA Docket No.: B-1505) Unincorporated areas of Riverside County (14-09-2663P) The Honorable Marion Ashley, Chairman, Riverside County Board of Supervisors, 4080 Lemon Street, 5th Floor, Riverside, CA 92501 Riverside County Flood Control and Water Conservation District, 1995 Market Street, Riverside, CA 92501 May 28, 2015 060245 Sacramento (FEMA Docket No.: B-1505) City of Folsom (15-09-0527P) The Honorable Andy Morin, Mayor, City of Folsom, 50 Natoma Street, Folsom, CA 95630 Public Works Department, 50 Natoma Street, Folsom, CA 95630 May 28, 2015 060263 San Joaquin (FEMA Docket No.: B-1474) Unincorporated areas of San Joaquin County (14-09-2962P) The Honorable Bob Elliott, Chairman, San Joaquin County Board of Supervisors, 44 North San Joaquin Street, Suite 627, Stockton, CA 95202 San Joaquin County Department of Public Works, 1810 East Hazelton, Avenue, Stockton, CA 95205 May 7, 2015 060299 Santa Clara (FEMA Docket No.: B-1474) City of Santa Clara (15-09-0127P) The Honorable Jamie L. Matthews, Mayor, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, CA 95050 Planning and Inspection Department, 1500 Warburton Avenue, Santa Clara, CA 95050 April 16, 2015 060350 Solano (FEMA Docket No.: B-1474) City of Dixon (14-09-2494P) The Honorable Jack Batchelor, Jr., Mayor, City of Dixon, 600 East A Street, Dixon, CA 95620 Engineering Department, 600 East A Street, Dixon, CA 95620 April 2, 2015 060369 Nevada: Douglas (FEMA Docket No.: B-1505) Unincorporated areas of Douglas County (14-09-4114P) The Honorable Doug N. Johnson, Chairman, Douglas County Board of Commissioners, P.O. Box 218, Minden, NV 89423 Douglas County Public Works Department, 1615 8th Street, Minden, NV 89423 May 28, 2015 320008 Washoe (FEMA Docket No.: B-1474) Unincorporated areas of Washoe County (14-09-2693P) The Honorable David Humke, Chairman, Washoe County Board of Commissioners, P.O. Box 11130, Reno, NV 89512 Washoe County, Public Works Department, 1001 East 9th Street, Reno, NV 89512 April 27, 2015 320019
    [FR Doc. 2015-18282 Filed 7-24-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4227-DR; Docket ID FEMA-2015-0002] Wyoming; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Wyoming (FEMA-4227-DR), dated July 7, 2015, and related determinations.

    DATES:

    Effective Date: July 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of Wyoming is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of July 7, 2015.

    Albany and Platte Counties for Public Assistance.

    Johnson and Niobrara Counties for Public Assistance (already designated for Individual Assistance).

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2015-18268 Filed 7-24-15; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS-2015-0040] Privacy Act of 1974; Department of Homeland Security Office of the Inspector General-002 Investigative Records System of Records AGENCY:

    Department of Homeland Security, Privacy Office.

    ACTION:

    Notice of Privacy Act System of Records.

    SUMMARY:

    In accordance with the Privacy Act of 1974 the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, “Department of Homeland Security/Office of Inspector General-002 Investigative Records System of Records.” This system of records was previously titled, “Department of Homeland Security Office of Inspector General-002 Investigations Data Management System of Records.” As a result of a biennial review of this system and changes to the application software, the Department of Homeland Security is proposing changes to the system name, category of individuals, and category of records in the system. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. There will be no change to the Privacy Act exemptions currently in place for this system of records. This updated system will be included in the Department of Homeland Security's inventory of record systems.

    DATES:

    Submit comments on or before August 26, 2015. This updated system will be effective August 26, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket Number DHS-2015-0040, by one of the following methods:

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

    Fax: 202-343-4010.

    Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    Instructions: All submissions received must include the agency name and docket number for this notice. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For general questions please contact: Melinda D. Holliday McDonald, Esq. (202) 254-4284, Department of Homeland Security, Office of Inspector General, Mail Stop 2600, 245 Murray Drive SW., Building 410, Washington, DC 20528; or by facsimile (202) 254-4299. For privacy issues please contact: Karen L. Neuman (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    SUPPLEMENTARY INFORMATION: I. Background

    The Department of Homeland Security (DHS) Office of Inspector General (OIG) is revising a system of records under the Privacy Act of 1974 (5 U.S.C. 552a), for its investigative files.

    The DHS Inspector General is responsible for conducting and supervising independent and objective audits, inspections, and investigations of the programs and operations of DHS. The OIG promotes economy, efficiency, and effectiveness within the Department and prevents and detects employee corruption, fraud, waste, and abuse in its programs and operations. The OIG's Office of Investigations (OI) investigates allegations of criminal, civil, and administrative misconduct involving DHS employees, contractors, grantees, and Departmental programs and activities. These investigations can result in criminal prosecutions, fines, civil monetary penalties, and administrative sanctions. Additionally, OI provides oversight and monitors the investigative activity of DHS's various internal affairs offices.

    The DHS/OIG-002 Investigative Records System of Records assists the OIG with receiving and processing allegations of violations of criminal and civil law as well as administrative policies and regulations relating to DHS employees, contractors, grantees, and other individuals and entities associated with DHS. The system includes both paper complaint and investigation-related files as well as the Enterprise Data System (EDS). The OIG uses EDS to: Manage information received concerning allegations (i.e., complaints) provided during the course of its investigations; create records showing dispositions of allegations; audit actions taken by DHS management regarding employee misconduct; audit legal actions taken following referrals to the U.S. Department of Justice (DOJ) for criminal prosecution or civil action; calculate and report statistical information; manage OIG investigators' training; and manage Government-issued investigative property and other resources used in investigative activities. This system of records notice makes several changes to the existing system of records. DHS/OIG is updating this system of records notice to: (1) Rename this system of records notice “DHS/OIG-002 Investigative Records System of Records” and (2) include DHS OIG employees as a category of individuals covered by the system.

    Consistent with DHS's information sharing mission, information stored in the DHS/OIG-002 Investigative Records System of Records may be shared with other DHS Components that have a need to know the information to carry out their national security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, information may be shared with appropriate federal, state, local, tribal, territorial, foreign, or international government agencies consistent with the routine law enforcement related uses set forth in this system of records notice.

    In accordance with the Privacy Act of 1974, DHS proposes to revise a system of records titled, Department of Homeland Security Office of Inspector General-002 Investigations Data Management System of Records and rename the system of records DHS/OIG-002 Investigative Records System of Records. There will be no change to the Privacy Act exemptions currently in place for this system of records. This revised system will be included in DHS's inventory of record systems.

    II. Privacy Act

    The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which Federal Government agencies collect, maintain, use, and disseminate individuals' records. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass United States citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals when systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors.

    Below is the description of the DHS/OIG-002 Investigative Records System of Records.

    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this revised system of records to the Office of Management and Budget and to Congress.

    System of Records

    Department of Homeland Security (DHS)/Office of the Inspector General (OIG)-002

    System name:

    DHS/OIG-002 Investigative Records System of Records.

    Security classification:

    Classified, sensitive, unclassified.

    System location:

    Records are maintained at the OIG Headquarters in Washington, DC and in OIG offices nationwide. Generally, OIG maintains electronic records in EDS.

    Categories of individuals covered by the system:

    Categories of individuals in this system include:

    • Individuals filing complaints of criminal, civil, or administrative violations, including, employee corruption, fraud, waste, or mismanagement;

    • Individuals alleged to have been involved in such violations;

    • Individuals identified as having been adversely affected by matters investigated by the OIG;

    • Individuals who have been identified as possibly relevant to, or who are contacted as part of, an OIG investigation, including:

    • Current and former employees of DHS, other federal agencies, and DHS contractors, grantees, and persons whose association with current and former employees relate to alleged violations under investigation; and

    • Witnesses, complainants, sources of information, suspects, defendants, or parties who have been identified by DHS OIG, other DHS Components, other agencies, or members of the general public in connection with authorized OIG audits, inspections, and/or investigations.

    Categories of records in the system:

    Categories of records in this system include:

    • Individual's name and aliases;

    • Date of birth;

    • Social Security number;

    • Telephone and cell phone numbers;

    • Physical and mailing addresses;

    • Electronic mail addresses;

    • Physical description;

    • Citizenship;

    • Biometrics;

    • Photographs;

    • Education;

    • Medical history;

    • Travel history including passport information;

    • Financial data;

    • Criminal history;

    • Work experience;

    • Relatives and associates;

    • Any other personal information relevant to the subject matter of an OIG investigation;

    • Investigative files containing allegations and complaints; witness statements; transcripts of electronic monitoring; subpoenas and legal opinions and advice; reports of investigation; reports of criminal, civil, and administrative actions taken as a result of the investigation; and other relevant evidence;

    • Training records and firearms qualification records of employees responsible for performing investigative functions; and

    • Government owned and issued investigative property records.

    Authority for maintenance of the system:

    5 U.S.C. 301; 6 U.S.C. 113(b); the Inspector General Act of 1978, as amended.

    Purpose(s):

    DHS OIG uses records and information collected and maintained in this system to receive and adjudicate allegations of violations of criminal, civil, and administrative laws and regulations relating to DHS programs, operations, and employees, as well as contractors and other individuals and entities associated with DHS; monitor complaint and investigation assignments, status, disposition, and results; manage investigations and information provided during the course of such investigations; audit actions taken by DHS management regarding employee misconduct and other allegations; audit legal actions taken following referrals to DOJ for criminal prosecution or litigation; provide information relating to any adverse action or other proceeding that may occur as a result of the findings of an investigation; and provide a system for calculating and reporting statistical information.

    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, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    A. To DOJ, including Offices of the U.S. Attorneys, or other federal agency conducting litigation or in proceedings before any court, adjudicative, or administrative body, when it is relevant or necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

    1. DHS or any Component thereof;

    2. Any employee or former employee of DHS in his/her official capacity;

    3. Any employee or former employee of DHS in his/her individual capacity when DOJ or DHS has agreed to represent the employee; or,

    4. the United States or any agency thereof.

    B. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.

    C. To the National Archives and Records Administration or General Services Administration pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

    D. To an agency or organization for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

    E. To appropriate agencies, entities, and persons when:

    1. DHS suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

    2. The Department has determined that as a result of the suspected or confirmed compromise, there is a risk of identity theft or fraud, harm to economic or property interests, harm to an individual, or harm to the security or integrity of this system or other systems or programs (whether maintained by DHS or another agency or entity) that rely upon the compromised information; and

    3. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with DHS's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to DHS officers and employees.

    G. To an appropriate federal, state, tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.

    H. To a federal, state, or local agency, or other appropriate entity or individual, or through established liaison channels to selected foreign governments, in order to provide intelligence, counterintelligence, or other information for the purposes of intelligence, counterintelligence, or antiterrorism activities authorized by U.S. law, Executive Order, or other applicable national security directive when the security of the borders which DHS is tasked with maintaining are at risk of being compromised.

    I. To international and foreign governmental authorities in accordance with law and formal or informal international agreements.

    J. To an appropriate federal, state, local, tribal, foreign, or international agency, pursuant to a request, if the information is relevant and necessary to a requesting agency's decision concerning the hiring or retention of an individual or issuance of a security clearance, license, contract, grant, or other benefit, or if the information is relevant and necessary to a DHS decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit and when disclosure is appropriate to the proper performance of the official duties of the person making the request.

    K. To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate to the proper performance of the official duties of the officer making the disclosure.

    L. To the Council of the Inspectors General on Integrity and Efficiency (CIGIE) and other federal agencies, as necessary, if the records respond to an audit, investigation, or review conducted pursuant to an authorizing law, rule, or regulation, and in particular those conducted at the request of the CIGIE's Integrity Committee pursuant to statute.

    M. To complainants and victims to the extent necessary to provide such persons with information and explanations concerning the progress or results of the investigation arising from the matters of which they complained or of which they were a victim.

    N. To the news media and the public, with the approval of the Chief Privacy Officer in consultation with counsel, when there exists a legitimate public interest in the disclosure of the information or when disclosure is necessary to preserve confidence in the integrity of DHS, or is necessary to demonstrate the accountability of DHS's officers, employees, or individuals covered by the system, except to the extent the Chief Privacy Officer determines that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

    Disclosure to consumer reporting agencies:

    None.

    Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage:

    DHS OIG stores records in this system electronically or on paper in secure facilities in a locked drawer behind a locked door. The electronic records are stored on magnetic disc, tape, digital media, and CD-ROM.

    Retrievability:

    DHS OIG retrieves paper media alphabetically by name of subject or complainant, by complaint or investigation number, or by investigator's name and/or employee identifying number. DHS OIG retrieves electronic media by the name or identifying number for a complainant, subject, victim, or witness; by case complaint or investigation number; by investigator's name or other personal identifier; or by investigating office designation.

    Safeguards:

    DHS OIG safeguards information in this system in accordance with applicable laws, rules, and policies, including all applicable DHS automated systems security and access policies. DHS imposes strict controls to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

    Retention and disposal:

    Complaint and investigative record files that involve substantive information relating to national security or allegations against senior DHS officials, that attract national media or congressional attention, or that result in substantive changes in DHS policies or procedures are permanent and are transferred to the National Archives and Records Administration 20 years after completion of the investigation and all actions based thereon. All other complaint and investigative record files are destroyed 20 years after completion of the investigation and all actions based thereon. Government issued investigative property records and management reports are destroyed when no longer needed for business purposes.

    System manager(s) and address:

    The System Manager is the Policy Specialist, Office of Investigations, DHS OIG, Mail Stop 2600, 245 Murray Drive SW., Building 410, Washington, DC 20528.

    Notification procedure:

    The Secretary of Homeland Security has exempted this system from the notification, access, and amendment procedures of the Privacy Act because it is a law enforcement system. However, the Office of Inspector General will consider individual requests to determine whether or not information may be released. Thus, individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its content may submit a request in writing to the Headquarters or Office of Inspector General's FOIA Officer, whose contact information can be found at http://www.dhs.gov/foia under “Contacts.” If an individual believes more than one component maintains Privacy Act records concerning him or her, the individual may submit the request to the Chief Privacy Officer and Chief Freedom of Information Act Officer, Department of Homeland Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 20528-0655.

    When seeking records about yourself from this system of records or any other Departmental system of records your request must conform with the Privacy Act regulations set forth in 6 CFR part 5. You must first verify your identity, meaning that you must provide your full name, current address, and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the following:

    • An explanation of why you believe the Department would have information on you;

    • Identify which Component(s) of the Department you believe may have the information about you;

    • Specify when you believe the records would have been created; and

    • Provide any other information that will help the FOIA staff determine which DHS component agency may have responsive records. If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records.

    Without this bulleted information the Component(s) may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations.

    Record access procedures:

    See “Notification Procedure” above.

    Contesting record procedures:

    See “Notification procedure” above.

    Record source categories:

    Records are obtained from sources including the individual record subjects; DHS officials and employees; employees of federal, state, local, and foreign agencies; and other persons and entities.

    Exemptions claimed for the system:

    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act, subject to the limitations set forth in 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); (f); and (g). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), has exempted this system from the following provisions of the Privacy Act, subject to the limitations set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and (f).

    Dated: July 10, 2015. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2015-18385 Filed 7-24-15; 8:45 am] BILLING CODE 9110-9B-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2015-0031] President's National Security Telecommunications Advisory Committee AGENCY:

    National Protection and Programs Directorate, Department of Homeland Security (DHS).

    ACTION:

    Committee Management; Notice of an Open Federal Advisory Committee Meeting.

    SUMMARY:

    The President's National Security Telecommunications Advisory Committee (NSTAC) will meet via teleconference on Wednesday, August 12, 2015. The meeting will be open to the public.

    DATES:

    The NSTAC will meet on Wednesday, August 12, 2015, from 2:00 p.m. to 2:45 p.m. Please note that the meeting may close early if the committee has completed its business.

    ADDRESSES:

    The meeting will be held via conference call. For access to the conference call bridge, information on services for individuals with disabilities, or to request special assistance to attend, please email [email protected] by 5:00 p.m. on Friday, August 7, 2015.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the committee as listed in the SUPPLEMENTARY INFORMATION section below. Associated briefing materials that will be discussed at the meeting will be available at www.dhs.gov/nstac for review as of Friday, August 7, 2015. Comments may be submitted at any time and must be identified by docket number DHS-2015-0031. Comments may be submitted by one of the following methods:

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

    Email: [email protected] Include the docket number in the subject line of the email message.

    Fax: 703-235-5962, Attn: Julia Madison.

    Mail: Designated Federal Officer, Stakeholder Engagement and Critical Infrastructure Resilience Division, National Protection and Programs Directorate, Department of Homeland Security, 245 Murray Lane, Mail Stop 0604, Arlington, VA 20598-0604.

    Instructions: All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at www.regulations.gov, including any personal information provided.

    Docket: For access to the docket and comments received by the NSTAC, go to www.regulations.gov and enter docket number DHS-2015-0031.

    A public comment period will be held during the conference call on Wednesday, August 12, 2015, from 2:35 p.m. to 2:45 p.m. Speakers who wish to participate in the public comment period must register in advance by no later than Monday, August 10, 2015, at 5:00 p.m. by emailing NSTAC at [email protected] Speakers are requested to limit their comments to three minutes and will speak in order of registration. Please note that the public comment period may end before the time indicated, following the last request for comments.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Helen Jackson, NSTAC Designated Federal Officer, Department of Homeland Security, telephone (703) 235-5321.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix. The NSTAC advises the President on matters related to national security and emergency preparedness telecommunications policy.

    Agenda: In February 2015, the Executive Office of the President requested that the NSTAC examine how the utilization of Big Data Analytics could enhance National Security/Emergency Preparedness functions for the Nation. During the conference call, the NSTAC members will discuss their recent scoping phase on big data analytics and their approach or methodology for the research phase of the study. Following the discussion, the members will deliberate and vote on the Big Data Analytics Scoping Report.

    Dated: July 21, 2015. Helen Jackson, Designated Federal Officer for the NSTAC.
    [FR Doc. 2015-18383 Filed 7-24-15; 8:45 am] BILLING CODE 9110-9P-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/A0A501010.999900 253G] Pascua Yaqui Tribe of Arizona—2015 Liquor Control Ordinance AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice publishes the Pascua Yaqui Tribe of Arizona's 2015 Liquor Control Ordinance. The ordinance regulates and controls the possession, sale and consumption of liquor within the Pascua Yaqui Tribe of Arizona's Indian country. This ordinance allows for the possession and sale of alcoholic beverages within the jurisdiction of the Pascua Yaqui Tribe of Arizona, will increase the ability of the tribal government to control the distribution and possession of liquor within their Indian country, and at the same time, will provide an important source of revenue, the strengthening of the tribal government, and the delivery of tribal services.

    DATES:

    Effective Date: This law is effective August 27, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Sharlot Johnson, Tribal Government Services Officer, Western Regional Office, Bureau of Indian Affairs, 2600 North Central Avenue, Phoenix, AZ 85004; Phone: (602) 379-6786; Fax: (602) 379-379-4100, or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-7641.

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. Pascua Yaqui Tribal Council duly adopted this law by Resolution No. C06-103-15 on June 10, 2015.

    This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Pascua Yaqui Tribe of Arizona duly adopted the 2015 Liquor Control Ordinance 07-15 by Resolution No. C06-103-15 on June 10, 2015.

    Dated: July 21, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.

    The Pascua Yaqui Liquor Control Ordinance of 2015 shall read as follows:

    Section 10 Short Title: Codification (8 PYTC § 6-5-10)

    (A) This Ordinance is an Ordinance of the Pascua Yaqui Tribe of Arizona, and shall be known as the Pascua Yaqui Liquor Control Ordinance of 2015.

    (B) This Ordinance shall be codified pursuant to the Pascua Yaqui Tribe Codification Ordinance as Title 8, Part VI, Chapter 6-5.

    Section 20 General (8 PYTC § 6-5-20)

    (A) This Ordinance is for the purpose of regulating the sale, possession and use of alcoholic liquor on the Pascua Yaqui Reservation and adjacent Trust Lands held by the United States for the benefit of the Pascua Yaqui Tribe of Arizona. The enactment of this Ordinance will enable the Pascua Yaqui Tribe of Arizona and its Tribal Government to regulate liquor distribution and possession on the Pascua Yaqui Reservation, as defined in Subsection 8 PYTC § 6-5-30 (C) below.

    (B) Subject to certain limitations, Article VI, Sections 1(l), 1(0) 1(t), and 1(w) of the Constitution of the Pascua Yaqui Tribe of Arizona, adopted on January 26, 1988 and approved by the Secretary of the Interior on February 8, 1988 pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), vests the Pascua Yaqui Tribal Council with legislative and executive authority, including the authority to adopt this Ordinance.

    (C) Jurisdiction. This Ordinance is adopted in accordance with the 18 U.S.C.§ 1161, and conforms with all requisite laws of the State of Arizona in accordance with the requirements of 18 U.S.C.§ 1161.

    Section 30 Definitions (8 PYTC § 6-5-30)

    To the extent that definitions are consistent with tribal or federal laws, terms used herein shall have the same meaning as defined in Arizona Revised Statutes (“ARS”) Title 4, and as defined in Administrative Rules of the Arizona Department of Liquor Licenses and Control to administer ARS, Title 4.

    (A) “Alcoholic Liquor” shall mean any alcoholic beverage containing more than one-half of one percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol and capable of being consumed by a human being.

    (B) “Land Assignment” means a Land Assignment as defined in the Pascua Yaqui Tribal Code.

    (C) “Pascua Yaqui Reservation” shall mean all lands held in trust by the United States for the Pascua Yaqui Tribe of Arizona or its members. It also includes any roads or rights-of-way located within the external boundaries of the Pascua Yaqui Reservation.

    (D) Whenever the words “sell” or “to sell” refer to anything forbidden by this Chapter and related to alcoholic liquor, they include:

    (1) To solicit or receive and order;

    (2) To keep or expose for sale;

    (3) To deliver for value or in any way other than purely gratuitously;

    (4) To peddle;

    (5) To keep with intent to sell;

    (6) To traffic in;

    (7) To engage in a transaction for any consideration or promise obtained directly or indirectly under any pretext or by any means or to procure or allow to be procured for any other person;

    (8) The word “sale” includes every act of selling as defined in this Subsection (D) of Section 8 PYTC § 6-5-30;

    (9) The word “person” includes a human being or any entity that is recognized by law as having the rights and/or duties of a human being.

    (E) “Tribal” refers to the Pascua Yaqui Tribe of Arizona.

    (F) “Tribe” shall mean the Pascua Yaqui Tribe of Arizona.

    Section 40 Civil Violation (8 PYTC § 6-6-40)

    Any of the following shall be a civil violation in prosecutable in the Pascua Yaqui Tribal Court under this Ordinance:

    (A) For any person to sell, trade or manufacture any alcoholic liquor on the Pascua Yaqui Reservation, except as provided for in this Ordinance.

    (B) For any business establishment or person on the Pascua Yaqui Reservation to possess, transport or keep with intent to sell, barter or trade to another, any liquor, except for those commercial liquor establishments on the Pascua Yaqui Reservation licensed by the Arizona Department of Liquor Licenses and Control and approved by the Pascua Yaqui Tribal Council by resolution, provided however that a person may transport liquor from a licensed establishment consistent with the terms of the license.

    (C) For any person to consume alcoholic liquor on a public road on the Pascua Yaqui Reservation.

    (D) For any person to publicly consume any alcoholic liquor at any community function, or at or near any place of business, celebration grounds, recreational areas, including ballparks, Tribal government facilities, and any other public area where minors gather for meetings or recreation, except within a licensed establishment where alcohol is sold.

    (E) For any person under the age of 21 years to buy, attempt to buy or to misrepresent their age in attempting to buy alcoholic liquor.

    (F) For any person under the age of 21 years to transport, possess or consume any alcoholic liquor on the Pascua Yaqui Reservation, or to be under the influence of alcohol or to be at an established commercial liquor establishment, except as authorized under this Ordinance.

    (G) For any person to sell or furnish alcoholic liquor to any person under 21 years of age.

    (H) For alcoholic liquor to be given as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind.

    Section 50 Criminal Violations (8 PYTC § 6-5-50)

    (A) Except as set forth in subsections (B), (C), and (D) below, it shall be a violation of 18 U.S.C. § 1154(a) for any person not having a license issued by the State of Arizona for the sale alcohol on the Pascua Yaqui Reservation to sell or distribute alcohol on the Pascua Yaqui Reservation, and the criminal penalties therefore shall be as established in 18 U.S.C. § 1154(a).

    (B) It shall be permissible, and shall not be a criminal violation of 18 U.S.C. § 1154(a), for a person who is 21 years of age or older to distribute, but not sell, alcohol to any other person 21 years of age or older, who are both lawfully present on a residential Land Assignment of the Pascua Yaqui Tribe with the consent of the Land Assignment holder.

    (C) It shall be permissible, and shall not be a criminal violation of 18 U.S.C. § 1154(a), for a person who is 21 years of age or older to distribute, but not sell, alcohol to any other person 21 years of age or older, who are both lawfully present at a rental residence, or its surrounding land, owned by the Pascua Yaqui Tribe with the consent of the authorized tenant.

    (D) It shall be permissible, and shall not be a criminal violation of 18 U.S.C. § 1154(a), for a person or entity having a liquor license issued by the State of Arizona for sale of liquor on the Pascua Yaqui Reservation, or for any employee of a person or entity having a liquor license issued by the State of Arizona for sale of liquor on the Pascua Yaqui Reservation, to sell or distribute alcohol on the Pascua Yaqui Reservation.

    Section 60 Licensing Procedure (8 PYTC § 6-5-60)

    (A) Requests, issuances of, and renewals of, licenses under this Ordinance shall be made to the State of Arizona in accordance with the standards set forth by the State of Arizona in ARS Title 4 and the regulations established by the Arizona Liquor License Control Board to administer ARS Title 4.

    (B) The Pascua Yaqui Tribal Council shall be the “local governing body,” as set out in ARS § 4-201, for license applications, issuances, and renewals for locations on the Pascua Yaqui Reservation.

    (C) Licensees shall not conduct operations under those licenses, nor activities related thereto, on Tribal Land Assignments or rental properties, which are reserved for residential purposes only.

    (D) Licenses may be terminated by the Arizona Department of Liquor Licenses and Control and/or Arizona Liquor License Control Board in accordance with their respective laws, regulations, policies and procedures. The laws, rules and regulations of the Arizona Department of Liquor Licenses and Control and/or the Arizona Liquor License Control Board with regard to liquor license enforcement, review, and revocation proceedings shall be applicable to Liquor Licenses on the Pascua Yaqui Reservation.

    Section 70 Warning Signs Required (8 PYTC § 6-5-70)

    Licensees on the Pascua Yaqui Reservation shall comply with the requirements of ARS § 4-261, and shall post the signs required by that section in accordance with the requirements of that section.

    Section 80 Jurisdiction & Violations of this Ordinance (8 PYTC § 6-5-80)

    (A) The Pascua Yaqui Tribal Court shall have exclusive jurisdiction over enforcement of all provision of this Ordinance, except for violations of 8 PYTC § 6-5-50 (A) committed by non-Indians. This shall not preclude any of the United States of America, the Arizona Department of Liquor Licenses and Control and/or the Arizona Liquor License Control Board from administering and enforcing their respective laws, regulations, policies and procedures, including, but not limited to, unlawful distribution of alcohol, licensing requirements, the issuance of liquor licenses, liquor license violations, licensee disciplinary proceedings, and license revocation proceedings.

    (B) Any person present on the Pascua Yaqui Reservation shall be deemed to have consented to the civil jurisdiction of the Pascua Yaqui Tribal Court, and any Indian present on the Pascua Yaqui Reservation shall be deemed to have consented to criminal jurisdiction of the Pascua Yaqui Tribal Court, and may be subject to a civil or criminal penalty as applicable in the Pascua Yaqui Tribal Court for a civil or criminal violations of this Ordinance. The Indian Civil Rights Act shall be applicable to Indians charged with criminal violations of this Ordinance.

    (C) For any violation of 8 PYTC § 6-6-40 the Pascua Yaqui Tribal Court may impose a civil penalty in an amount not to exceed $1,000 per violation.

    (D) The Pascua Yaqui Prosecutor's Office shall bring enforcement actions of alleged violations of 8 PYTC § 6-6-40.

    (E) The burden of proof for alleged violations of 8 PYTC § 6-6-40 shall be a preponderance of the evidence.

    (F) There shall be no right of jury trial or court-appointed legal counsel for alleged violations of 8 PYTC § 6-6-40.

    (G) Alleged violations of 8 PYTC § 6-6-40 above may be brought jointly with a criminal violation of Pascua Yaqui Tribal law, or may be brought separately.

    (H) The Tribal Council hereby specifically finds that civil penalties imposed for violations of 8 PYTC § 6-6-40 are payable to the Pascua Yaqui Tribe, and are reasonably necessary and related to the expense of governmental administration necessary in maintaining law and order and public safety, and in managing, protecting and developing the natural resources on the Reservation. It is the legislative intent of the Tribal Council that all violations of 8 PYTC § 6-6-40, whether committed by tribal members, non-member Indians, or non-Indians, shall be considered civil in nature, rather than criminal.

    Section 90 Severability (8 PYTC § 6-5-90)

    If a court of competent jurisdiction finds any provision of this Ordinance to be invalid or illegal under applicable Federal or Tribal law, such provision shall be severed from the Ordinance and the remainder of this Ordinance shall remain in full force and effect.

    Section 100 Compliance with 18 U.S.C. 1154(a) and 18 U.S.C. 1161 (8 PYTC § 6-5-100)

    The Tribe will comply with 18 U.S.C. § 1154(a) and 18 U.S.C. 1161, and other laws of the United States regarding distribution of alcohol on the Pascua Yaqui Reservation, and will comply with the laws and regulations of the State of Arizona regarding licenses to sell alcohol to the extent they are applicable to the Tribe under 18 U.S.C. 1161, other laws of the United States, or the laws of the State of Arizona.

    Section 110 Effective Date (8 PYTC § 6-5-110)

    This Ordinance shall be effective on the THIRTY FIRST DAY AFTER approval by the Secretary of Interior, and publication in the Federal Register as provided by 18 U.S.C. 1161.

    Section 120 Sovereign Immunity (8 PYTC § 6-5-120)

    Nothing in this Ordinance either waives or shall be deemed or construed as a waiver of the sovereign immunity of the Tribe, nor any of its elected officials, officers, directors, employees or governmental enterprises, entities, departments or components and any respective officers, directors or employees thereof.”

    [FR Doc. 2015-18286 Filed 7-24-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [15XL LLIDB00100 LF1000000.HT0000 LXSS024D0000 241A 4500081550] Notice of Public Meeting: Resource Advisory Council to the Boise District, Bureau of Land Management, U. S. Department of the Interior AGENCY:

    Bureau of Land Management.

    ACTION:

    Notice of Public Meeting.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Boise District Resource Advisory Council (RAC), will hold a meeting as indicated below.

    DATES:

    The meeting will be held August 19, 2015, at the Boise District Office, 3948 Development Avenue, Boise, Idaho 83705 beginning at 9:00 a.m. and adjourning at 3:00 p.m. Members of the public are invited to attend. A public comment period will be held at 11:00 a.m.

    FOR FURTHER INFORMATION CONTACT:

    Marsha Buchanan, Supervisory Administrative Specialist and RAC Coordinator, BLM Boise District, 3948 Development Ave., Boise, Idaho 83705, Telephone (208) 384-3364.

    SUPPLEMENTARY INFORMATION:

    The 15-member Council advises the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management in southwestern Idaho. During the August meeting the Boise District Council will receive updates on the Bruneau Owyhee Sage-grouse Habitat Project (BOSH) and Tri-State planning process. New members will be introduced and the RAC will organize for the upcoming term, to include election of Council leadership. BLM staff will update RAC members on the travel plan process and upcoming landscape projects. Agenda items and location may change due to unforeseen circumstances. The public may present written or oral comments to members of the Council. At each full RAC meeting, time is provided in the agenda for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance should contact the BLM Coordinator as provided above. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    Jenifer L. Arnold, Acting District Manager.
    [FR Doc. 2015-18305 Filed 7-24-15; 8:45 am] BILLING CODE 4310-GG-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR0810000, 15XR0680A1, RY.1541CH20.1430001] Announcement of Requirements and Registration for a Prize Competition Seeking: New Concepts for Remote Fish Detection AGENCY:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Reclamation, in collaboration with other Federal agencies (U.S. Geological Survey, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration-National Marine Fisheries Service, and U.S. Army Corps of Engineers) are announcing a prize competition looking for detailed concepts for the next generation of fish tracking methods, beyond what is available and in the literature today. Emphasis is on accurate tracking of many fish, ease of use, longevity, and low cost.

    DATES:

    Listed below are the specific dates pertaining to this prize competition:

    1. Submission period begins on July 27, 2015.

    2. Submission period ends on August 26, 2015.

    3. Judging period ends on October 26, 2015.

    4. Winners announced by November 9, 2015.

    ADDRESSES:

    The New Concepts for Remote Fish Detection Prize Competition will be posted on the following crowd-sourcing platforms where Solvers can register for this prize competition:

    1. The Water Pavilion located at the InnoCentive Challenge Center: https://www.innocentive.com/ar/challenge/browse.

    2. U.S. Federal Government Challenge Platform: www.Challenge.gov.

    3. The Nature Open Innovation Pavilion at http://www.nature.com/openinnovation/index.html.

    4. The Scientific American Citizen Science Center at http://www.scientificamerican.com/citizen-science/.

    InnoCentive, Inc. is administering this challenge under a challenge support services contract with the Bureau of Reclamation. These Web sites will re-direct the Solver community to the InnoCentive Challenge Center as the administrator for this prize competition. Additional details for this prize competition, including the Challenge Agreement specific for this prize competition, can be accessed through any of these prize competition web addresses. The Challenge Agreement contains more details of the prize competition rules and terms that Solvers must agree with to be eligible to compete.

    FOR FURTHER INFORMATION CONTACT:

    Challenge Manager: Dr. Levi Brekke, Chief, Research and Development, Bureau of Reclamation, (303) 445-2494, [email protected]; Mr. Chuck Hennig, (303) 445-2134, [email protected]

    SUPPLEMENTARY INFORMATION:

    The Bureau of Reclamation is announcing the following prize competition in compliance with 15 U.S. Code 3719, Prize Competitions. The ability to track individual or groups of fish is central to efforts to recover threatened and endangered fish species, and to reduce impacts to at-risk species. Reliable, affordable detection and tracking provides vital information about how many fish are present, where and why mortality occurs, and where and why species thrive. This enables fish recovery program managers to pursue targeted and more effective actions that can reduce mortality rates, improve habitat, and increase survival rates while continuing to meet the mission of the agency—delivery of water and power in the case of Reclamation. A successful solution will significantly reduce costs and dramatically increase the effectiveness and efficiency of various fish recovery efforts led by Federal, state, local, and/or other organizations.

    Challenge Summary: There are a number of methods in use today to track fish. Common electronic methods include use of acoustic tags, radio-telemetry tags, and passive integrated transponder (PIT) tags. Different technologies have pros and cons. Tags accurate over long distances are often costly and need to be surgically implanted in the fish. Low cost tags have long lifetimes, but work over short distances and signals are subject to electromagnetic interference, which may result in no or inaccurate detections. Since there is no universal or “best” method, the option that best meets the specific needs of the fish tracking program objectives is typically selected (e.g. accuracy, lifetime of the study, working environments, species being tagged, number of and size of fish, available funding, etc.). Current methods rely on capture and handling of fish to implant or attach tags, with subsequent recaptures or resightings involving elaborate capture or corralling methods, which can be complex, costly, and stressful to the fish.

    The goal of this Challenge is to generate new concepts for tracking fish that advance technologies that meet fish recovery program management needs at a reasonable cost. A solution is being pursued through a prize competition because the Bureau of Reclamation and the collaborating Federal agencies view it beneficial to seek innovative solutions from those beyond the usual sources of potential solvers and experts that commonly work in the fish recovery management domain. We find ourselves often wondering if somebody, somewhere may know a better way of tracking and monitoring fish for our purposes than the methods we currently use. The prize competition approach enables us to reach a new source of potential Solvers to generate new and timely solutions that would not likely be accomplished by standard contractual methods.

    This is an Ideation Challenge, which has the following unique features:

    • There is a guaranteed award. The awards will be paid to the best submission(s) as solely determined by the Bureau of Reclamation (The Seeker). The total payout will be $20,000, with at least one award being no smaller than $5,000 and no award being smaller than $2,500.

    • ALL INTELLECTUAL PROPERTY RIGHTS, IF ANY, IN THE IDEA OR CONCEPT DEMONSTRATED BY THE PROPOSED SOLUTION WILL REMAIN WITH THE SOLVER. UPON SUBMISSION OF A PROPOSED SOLUTION TO THIS CHALLENGE, EACH SOLVER AGREES TO GRANT TO THE SEEKER A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE LICENSE TO USE BY OR ON-BEHALF OF THE U.S. FEDERAL GOVERNMENT ANY INFORMATION INCLUDED IN THIS PROPOSAL IN ANY FORUM, OR SUBSEQUENT EFFORTS TO FURTHER DEVELOP THE CONCEPT INTO A VIABLE SOLUTION AND TO ALLOW OTHERS TO DO SO. NOTWITHSTANDING GRANTING THE SEEKER A PERPETUAL, NON-EXCLUSIVE LICENSE FOR THE PROPOSED SOLUTION, THE SOLVER RETAINS OWNERSHIP OF THE IDEA OR CONCEPT DEMONSTRATED BY THE PROPOSED SOLUTION.

    • The Seeker believes there might be a potential for future collaboration with awarded Solver(s), although such collaboration is not guaranteed. The Seeker may also encourage Solver(s) to further develop and test their winning submissions through subsequent round(s) of competition. Solvers should make it clear if they have the ability for subsequent design and development phases and would be willing to consider future collaborations and/or subsequent competitions.

    Background: The Bureau of Reclamation and other Federal and non-Federal resource managers require the ability to identify and monitor fish and other aquatic animals. Fish, in particular, use different habitats, from small streams to deep fast-flowing rivers, and large lakes and oceans. A common challenge faced by fish recovery managers is the need to monitor movements of free-swimming individual fish without repeated capture and handling.

    Telemetry systems currently used to detect and/or track individual fish include PIT tag systems (or radio frequency identification) and two types of active (battery powered) systems: radio tag and acoustic tag.

    • PIT tag systems are limited to detecting fish at short distances (generally <40 inches for 12 mm tags) and they require antennas that must withstand large hydraulic forces. These systems transmit and receive very rapidly (e.g. 10-25 milliseconds, depending on the system), which means that they are able to detect fish traveling quickly (i.e., >40 feet/second) through or over stationary antennas in dams, fish ladders, canals, and streams. PIT tags are relatively inexpensive (~ $2.00/fish) and can be inserted in fish as small as 2 inches in length. Because PIT tags do not have a battery and are glass-encapsulated, they can function and persist throughout the lifetime of long-lived fish (10-100 years or more).

    • Radio and acoustic telemetry systems have the ability to detect fish over large distances (100 feet-1 mile), but transmitters are expensive (>$150 each) and most but not all require surgical procedures to implant. The battery within the telemetry system determines both their size and lifetime. Transmission rate is a function of technology—some acoustic tags transmit unique codes in <0.1 seconds, while others take close to 10 seconds. Radio tags typically transmit codes of 0.2 seconds duration. The duration of codes, combined with battery size and power output, limit the life expectancy of the tag. This, combined with the greater broadcast range, can make it difficult to observe rapid or fine-scale fish movements using these tags. In addition, radio and acoustic tags are generally limited by environmental conditions, e.g., water depth of tag location, salinity, ambient noise from entrained air bubbles, sediment in water, and other water quality conditions.

    Information is easily found on the internet concerning state of the art fish tagging techniques. A few references are provided in the prize competition posting for your information; however, please realize this is what is known today, and that the Seeker is looking for new ideas and mechanisms beyond the known literature.

    The Challenge: New technology is needed to enable resource managers to address important problems at a reasonable cost. Our Challenge is to find the next fish monitoring and tracking system. The Solver is not limited to the mechanical and physical systems described above. The answer could be biological, chemical, physical, mechanical, etc.

    A successful solution significantly reduces costs and dramatically increases the effectiveness and efficiency of fish detecting and tracking efforts. For the sake of clarity and simplicity, we will designate the rainbow trout (Oncorhynchus mykiss) as the representative fish species for this Challenge. If the Solvers need to make assumptions about a generalized fish, they can use data for this particular representative fish, which can be found on the internet.

    The question is not, “How do we track a single fish for its lifetime”, but “How do we track thousands of individually identifiable fish for extended periods of time cheaply and effectively”. Note that there are many criteria that need to be considered for tracking fish such as:

    • Lifetime of a tag or device (longer is better)

    • Size and invasiveness (smaller is better)

    • Detection distance (longer is better)

    • Quality of detection (high accuracy and high speed is better)

    • Cost (low is better)

    Solvers need not meet every technical requirement with one new concept. Concepts that meet some requirements, but not all, will still be eligible for competing for an award. New and novel approaches to the tracking of individual identifiable aquatic organisms will be given special consideration.

    Things to avoid:

    1. The Seeker is not interested in marginal improvements to current fish tagging techniques such as PIT tags, acoustic and radio tags as well as other known marking methods, but novel and major improvement in any of these would be of interest.

    2. The Seeker is not looking for a review article on fish tagging. Only new methods/techniques/technology will be considered that are not currently in use for fish tagging.

    Submissions should try to meet the following Technical Requirements:

    1. The best device/method/technique would be able to:

    a. Be used for freshwater fish as small as 4 inches in total length (if a physical tag is used, it must be less than 5% of the fish's body weight).

    b. Detect and identify individual fish from a minimum of 30 feet away from detector device throughout the entire water column (up to 30 feet in depth or laterally).

    c. Detect and identify rapidly moving individual fish with detection efficiency