Federal Register Vol. 80, No.144,

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44829-45049
FR Document

80_FR_144
Current View
Page and SubjectPDF
80 FR 45011 - Notice of Final Federal Agency Actions on the Route 624 Bridge Replacement Project in VirginiaPDF
80 FR 44992 - Draft Resource Management Plan Revisions and Draft Environmental Impact Statement for Western Oregon; Notice of Reopening of Comment PeriodPDF
80 FR 45008 - Sunshine Act MeetingPDF
80 FR 45009 - Kentucky Disaster Number KY-00052PDF
80 FR 44961 - Sunshine Act MeetingPDF
80 FR 45018 - Departmental Offices; Change in the Calculation of Interest Rate Paid on Cash Deposited To Secure U.S. Immigration and Customs Enforcement Immigration BondsPDF
80 FR 44940 - Proposed Collection; Comment RequestPDF
80 FR 44992 - Notice of Filing of Plats of Survey; MontanaPDF
80 FR 44953 - Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide RegistrationsPDF
80 FR 45006 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rules Related to Obvious ErrorsPDF
80 FR 44993 - Notice of Intent and Notice of Scoping Meetings for the Long-Term Recapture and Recirculation of San Joaquin River Restoration Program Flows Environmental Impact StatementPDF
80 FR 44892 - Energy Conservation Program: Energy Conservation Standards for Commercial Refrigeration EquipmentPDF
80 FR 44947 - Environmental Management Site-Specific Advisory Board, Oak Ridge ReservationPDF
80 FR 44863 - Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-Phase 2; Notice of Public Hearings and Comment PeriodPDF
80 FR 44952 - Defense Programs Advisory CommitteePDF
80 FR 44947 - Environmental Management Site-Specific Advisory Board, PaducahPDF
80 FR 44948 - Agency Information Collection ExtensionPDF
80 FR 45015 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 44882 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance YearPDF
80 FR 45017 - Proposed Collection: Comment Request for Regulation ProjectPDF
80 FR 45016 - Proposed Collection; Comment Request for Revenue Procedure 97-22PDF
80 FR 44846 - Addition of Certain Persons to the Entity List; and Removal of Certain Persons From the Entity List Based on Removal RequestsPDF
80 FR 44988 - Announcement of Funding Awards, Indian Community Development Block Grant Program, Fiscal Year 2014PDF
80 FR 45018 - Proposed Collection; Comment Request for Form 8811PDF
80 FR 44987 - 30-Day Notice of Proposed Information Collection: Service Coordinators in Multifamily HousingPDF
80 FR 45013 - Agency Requests for Comments of a Previously Approved Information Collection: Maritime Administration Service Obligation Compliance Annual ReportPDF
80 FR 45012 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PARAISO; Invitation for Public CommentsPDF
80 FR 45014 - Agency Requests for Renewal of a Previously Approved Information Collection(s): Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S. Citizen-Owned DocumentedPDF
80 FR 45011 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TAURI; Invitation for Public CommentsPDF
80 FR 45014 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SORTILEGE; Invitation for Public CommentsPDF
80 FR 45013 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BAYADERE; Invitation for Public CommentsPDF
80 FR 44951 - Combined Notice of FilingsPDF
80 FR 44950 - Combined Notice of Filings #1PDF
80 FR 44949 - Combined Notice of Filings #2PDF
80 FR 45017 - Proposed Collection; Comment Request for Form 8832PDF
80 FR 44949 - Combined Notice of Filings #1PDF
80 FR 44925 - Forest Resource Coordinating Committee MeetingPDF
80 FR 45003 - ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2PDF
80 FR 45011 - 60-Day Notice of Proposed Information Collection: Petition To Classify Special Immigrant Under INA 203(b)(4) as Employee or Former Employee of the U.S. Government AbroadPDF
80 FR 45010 - 60-Day Notice of Proposed Information Collection: Contact Information and Work History for Nonimmigrant Visa ApplicantPDF
80 FR 45009 - Texas Disaster Number TX-00448PDF
80 FR 45010 - Oklahoma Disaster Number OK-00081PDF
80 FR 45009 - Texas Disaster Number TX-00447PDF
80 FR 45002 - Uranerz Energy Corporation; Nichols Ranch ISR ProjectPDF
80 FR 45010 - Texas Disaster Number TX-00447PDF
80 FR 44961 - General Services Administration Acquisition Regulation (GSAR; Submission for OMB Review; Environmental Conservation, Occupational Safety, and Drug-Free WorkplacePDF
80 FR 45008 - Oklahoma Disaster Number OK-00092PDF
80 FR 44986 - Renewal of the Generalized System of Preferences and Retroactive Application for Certain Liquidations and Reliquidations Under the GSPPDF
80 FR 44852 - Special Local Regulation; Annual Marine Events on the San Diego Bay, Within the San Diego Captain of the Port ZonePDF
80 FR 44852 - Special Local Regulations and Safety Zones; Recurring Events Held in the Coast Guard Sector Northern New England Captain of the Port ZonePDF
80 FR 44965 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 44964 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
80 FR 44939 - Marine Mammals; File No. 14296PDF
80 FR 44938 - Marine Mammals; File No. 19590PDF
80 FR 44939 - Marine Mammals; File No. 18786PDF
80 FR 44930 - Authorization of Production Activity; Foreign-Trade Subzone 37D; Xylem Water Systems USA LLC; (Centrifugal and Submersible Pumps) Auburn, New YorkPDF
80 FR 44936 - Application(s) for Duty-Free Entry of Scientific InstrumentsPDF
80 FR 45001 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 44973 - Request for Quality Metrics; Notice of Draft Guidance Availability and Public Meeting; Request for CommentsPDF
80 FR 45019 - Special Medical Advisory Group; Notice of MeetingPDF
80 FR 45015 - BNSF Railway Company-Abandonment Exemption-in Kane County, Ill.PDF
80 FR 44979 - Meeting of the Presidential Advisory Council on HIV/AIDSPDF
80 FR 44977 - Meeting of the Chronic Fatigue Syndrome Advisory CommitteePDF
80 FR 44978 - Public Meeting of the Presidential Commission for the Study of Bioethical IssuesPDF
80 FR 44952 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Miscellaneous Metal Parts and Products (Renewal)PDF
80 FR 44970 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 44992 - Indian GamingPDF
80 FR 44946 - Agency Information Collection Activities; Comment Request; Natural Experiments and Model Career-Focused Schools: An Environmental ScanPDF
80 FR 44993 - Record of Decision for Wilderness Management Plan, Lake Mead National Recreation Area, Nevada and ArizonaPDF
80 FR 44930 - Agenda and Notice of Public Meeting of the Maine Advisory CommitteePDF
80 FR 44883 - Western and Central Pacific Fisheries for Highly Migratory Species; 2015 Bigeye Tuna Longline Fishery ClosurePDF
80 FR 44942 - 36(b)(1) Arms Sales NotificationPDF
80 FR 44884 - Atlantic Highly Migratory Species; North Atlantic Swordfish FisheryPDF
80 FR 44970 - Administration for Native Americans; Notice of MeetingPDF
80 FR 44981 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 44982 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 44944 - Proposed Collection; Comment RequestPDF
80 FR 45006 - New Postal ProductPDF
80 FR 44921 - Procedures Related to Commission ViewsPDF
80 FR 44966 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
80 FR 44940 - National Commission on the Future of the Army; Notice of Federal Advisory Committee MeetingPDF
80 FR 44981 - Center for Scientific Review; Notice of Closed MeetingPDF
80 FR 44980 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 44983 - Test To Collect Biometric Information at Up to Ten U.S. Airports (“Be-Mobile Air Test”)PDF
80 FR 44924 - Submission for OMB Review; Comment RequestPDF
80 FR 44971 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments and Listing of Ingredients in Tobacco ProductsPDF
80 FR 45005 - Information Collection: Request for Information Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights From the Fukushima Dai-ichi EventPDF
80 FR 44959 - Notice of Appointment of Chairman and New FASAB MembersPDF
80 FR 44960 - Federal Advisory Committee Act; Technological Advisory CouncilPDF
80 FR 44960 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
80 FR 44942 - Submission for OMB Review; Comment RequestPDF
80 FR 44996 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change, of a Previously Approved Collection; National Standards To Prevent, Detect, and Respond to Prison RapePDF
80 FR 44910 - Safety Zone; Turritella FPSO, Walker Ridge 551, Outer Continental Shelf on the Gulf of MexicoPDF
80 FR 44925 - Inviting Rural Business Development Grant Program Applications for Grants To Provide Technical Assistance for Rural Transportation SystemsPDF
80 FR 44887 - Fisheries Off West Coast States; Highly Migratory Species Fisheries; Recreational Fishing Restrictions for Pacific Bluefin TunaPDF
80 FR 44998 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Notification of Change of Mailing or Premise AddressPDF
80 FR 44995 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Transactions Among Licensees/Permittees and Transactions Among Licensees and Holders of User PermitsPDF
80 FR 45000 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Notification to Fire Safety Authority of Storage of Explosive MaterialsPDF
80 FR 44997 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Certification of CompliancePDF
80 FR 44998 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Application for an Amended Federal Firearms LicensePDF
80 FR 44999 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Firearms Transaction Record, Part I, Over-the-CounterPDF
80 FR 44997 - Notice of Lodging of Proposed Modification to Consent Decree Under the Clean Air ActPDF
80 FR 44961 - Notice to All Interested Parties of the Termination of the Receivership of 10454, The Royal Palm Bank of Florida, Naples, FLPDF
80 FR 44980 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
80 FR 44962 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 44946 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Graduate Assistance in Areas of National Need (GAANN) Performance ReportPDF
80 FR 45000 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Request for Earnings Information ReportPDF
80 FR 44945 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Program for International Student Assessment 2012 (PISA:2012) Validation Study 2015 Field Test and Main Study Additional Module AmendmentPDF
80 FR 44922 - Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality OrdinancePDF
80 FR 44870 - Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality OrdinancePDF
80 FR 44873 - Approval and Promulgation of Implementation Plans and Designation of Areas; North Carolina; Redesignation of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to AttainmentPDF
80 FR 44868 - Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for Gaston and Mecklenburg CountiesPDF
80 FR 44842 - Amendment of Class E Airspace; Campbellsville, KYPDF
80 FR 44843 - Amendment of Class E Airspace; Greenville, SCPDF
80 FR 44841 - Establishment of Class E Airspace; Headland, ALPDF
80 FR 44895 - Proposed Establishment of Class E Airspace; Hart/Shelby, MIPDF
80 FR 44896 - Proposed Amendment of Class D and Class E Airspace, Revocation of Class E Airspace; Mountain Home, IDPDF
80 FR 44844 - Amendment of Class E Airspace; Dyersburg, TNPDF
80 FR 44859 - Update to NFPA Standards, Incorporation by ReferencePDF
80 FR 44967 - Medicare, Medicaid, and Children's Health Insurance Programs: Announcement of the Extended Temporary Moratoria on Enrollment of Ambulance Suppliers and Home Health Agencies in Designated Geographic LocationsPDF
80 FR 44930 - Order Renewing Order Temporarily Denying Export PrivilegesPDF
80 FR 44892 - Airworthiness Directives; Viking Air Limited AirplanesPDF
80 FR 44949 - Solar Star Colorado III, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 45022 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Adopting New Equity Trading Rules Relating to Orders and Modifiers and the Retail Liquidity Program To Reflect the Implementation of Pillar, the Exchange's New Trading Technology PlatformPDF
80 FR 44864 - [EPA-R10-OAR-2015-0322; FRL-9931-13-Region 10] Approval and Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon Monoxide Limited Maintenance PlanPDF
80 FR 44923 - Approval and Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon Monoxide Limited Maintenance PlanPDF
80 FR 44829 - Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsPDF
80 FR 44832 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 44839 - Airworthiness Directives; Turbomeca S.A. Turboshaft EnginesPDF
80 FR 44829 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
80 FR 44898 - Public Access to InformationPDF
80 FR 44913 - Schedule for Rating Disabilities; Dental and Oral ConditionsPDF
80 FR 44835 - Airworthiness Directives; The Boeing Company AirplanesPDF

Issue

80 144 Tuesday, July 28, 2015 Contents Agriculture Agriculture Department See

Forest Service

See

Rural Business-Cooperative Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44924-44925 2015-18416 2015-18417
Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44940 2015-18543 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44962-44967 2015-18357 2015-18424 2015-18455 2015-18456 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare, Medicaid, and Children's Health Insurance Programs: Announcement of the Extended Temporary Moratoria on Enrollment of Ambulance Suppliers and Home Health Agencies in Designated Geographic Locations, 44967-44970 2015-18327 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44970 2015-18440 Meetings: Administration for Native Americans, Tribal Consultation, 44970-44971 2015-18430 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 44930 2015-18434 Coast Guard Coast Guard RULES Special Local Regulations and Safety Zones: Recurring Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone, 44852-44859 2015-18457 Special Local Regulations: Annual Marine Events on the San Diego Bay, within the San Diego Captain of the Port Zone, 44852 2015-18458 PROPOSED RULES Safety Zones: Turritella FPSO, Walker Ridge 551, Outer Continental Shelf on the Gulf of Mexico, 44910-44913 2015-18397 Commerce Commerce Department See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

RULES Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 44829 2015-18196
Defense Department Defense Department See

Army Department

See

Navy Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44942 2015-18401 Arms Sales, 44942-44944 2015-18432 Meetings: National Commission on the Future of the Army, 44940-44942 2015-18423
Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Graduate Assistance in Areas of National Need Performance Report, 44946 2015-18356 Natural Experiments and Model Career-Focused Schools—An Environmental Scan, 44946-44947 2015-18438 Program for International Student Assessment 2012 Validation Study 2015 Field Test and Main Study Additional Module Amendment, 44945-44946 2015-18350 Energy Department Energy Department See

Energy Information Administration

See

Federal Energy Regulatory Commission

See

National Nuclear Security Administration

PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Commercial Refrigeration Equipment, 44892 2015-18530 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 44947-44948 2015-18528 Environmental Management Site-Specific Advisory Board, Paducah, 44947 2015-18525
Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44948-44949 2015-18524 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Revisions to Linn County Air Quality Ordinance, 44870-44873 2015-18346 North Carolina; Non-interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for Gaston and Mecklenburg Counties, 44868-44870 2015-18343 North Carolina; Redesignation of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to Attainment, 44873-44882 2015-18345 Oregon; Grants Pass Carbon Monoxide Limited Maintenance Plan, 44864-44868 2015-18220 Allocations of Cross-State Air Pollution Rule Allowances from New Unit Set-Asides for the 2015 Compliance Year, 44882-44883 2015-18516 Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2, 44863-44864 2015-18527 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Revisions to Linn County Air Quality Ordinance, 44922-44923 2015-18347 Oregon; Grants Pass Carbon Monoxide Limited Maintenance Plan, 44923 2015-18219 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Miscellaneous Metal Parts and Products, 44952-44953 2015-18441 Requests to Voluntarily Cancel Certain Pesticide Registrations, 44953-44959 2015-18541 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Appointment of Chairman and New Members, 44959-44960 2015-18407 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 44829-44832 2015-17975 The Boeing Company Airplanes, 44832-44838 2015-15851 2015-18156 Turbomeca S.A. Turboshaft Engines, 44839-44841 2015-18051 Amendment of Class E Airspace: Campbellsville, KY, 44842-44843 2015-18342 Dyersburg, TN, 44844-44845 2015-18337 Greenville, SC, 44843-44844 2015-18341 Establishment of Class E Airspace: Headland, AL, 44841-44842 2015-18340 PROPOSED RULES Airworthiness Directives: Viking Air Limited Airplanes, 44892-44895 2015-18304 Proposed Amendment of Class D and Class E Airspace, Revocation of Class E Airspace: Mountain Home, ID, 44896-44898 2015-18338 Proposed Establishment of Class E Airspace: Hart/Shelby, MI, 44895-44896 2015-18339 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44960-44961 2015-18403 Meetings: Technological Advisory Council, 44960 2015-18404 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 44961 2015-18547 Terminations of Receiverships: Royal Palm Bank of Florida, Naples, FL, 44961 2015-18360 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 44949-44952 2015-18489 2015-18496 2015-18497 2015-18498 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Solar Star Colorado III, LLC, 44949 2015-18299 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on the Route 624 Bridge Replacement Project in Virginia, 45011 C1--2015--17569 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments and Listing of Ingredients in Tobacco Products, 44971-44973 2015-18410 Meetings: Request for Quality Metrics, 44973-44977 2015-18448 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Xylem Water Systems USA LLC; Subzone 37D, Auburn, NY, 44930 2015-18451 Forest Forest Service NOTICES Meetings: Forest Resource Coordinating Committee, 44925 2015-18486 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Environmental Conservation, Occupational Safety, and Drug-Free Workplace, 44961-44962 2015-18461 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Meetings: Chronic Fatigue Syndrome Advisory Committee, 44977-44978 2015-18444 Presidential Advisory Council on HIV/AIDS, 44979-44980 2015-18445 Presidential Commission for the Study of Bioethical Issues, 44978-44979 2015-18443
Homeland Homeland Security Department See

Coast Guard

See

U.S. Customs and Border Protection

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Service Coordinators in Multifamily Housing, 44987-44988 2015-18507 Funding Awards: Indian Community Development Block Grant Program Fiscal Year 2014, 44988-44991 2015-18510 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Tribal-State Class II Gaming Compact, 44992 2015-18439 Industry Industry and Security Bureau RULES Addition of Certain Persons to the Entity List; and Removal of Certain Persons from the Entity List Based on Removal Requests, 44846-44852 2015-18511 NOTICES Denial of Export Privileges: Mahan Airways, et al., 44930-44936 2015-18316 Interior Interior Department See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

See

Reclamation Bureau

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45015-45018 2015-18491 2015-18508 2015-18512 2015-18514 2015-18522 International Trade Adm International Trade Administration NOTICES Applications for Duty-Free Entry of Scientific Instruments, 44936-44938 2015-18450 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for an Amended Federal Firearms License, 44998 2015-18374 Certification of Compliance, 44997-44998 2015-18375 Firearms Transaction Record, Part I, Over-the-Counter, 44999-45000 2015-18373 National Standards to Prevent, Detect, and Respond to Prison Rape, 44996 2015-18400 Notification of Change of Mailing or Premise Address, 44998-44999 2015-18378 Notification to Fire Safety Authority of Storage of Explosive Materials, 45000 2015-18376 Transactions Among Licensees/Permittees and Transactions Among Licensees and Holders of User Permits, 44995-44996 2015-18377 Consent Decrees under the Clean Air Act; Modifications, 44997 2015-18369 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Earnings Information Report, 45000-45001 2015-18355 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Western Oregon, 44992 2015-18605 Plats of Surveys: Montana, 44992-44993 2015-18542 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maritime Administration Service Obligation Compliance Annual Report, 45013-45014 2015-18506 Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S. Citizen-Owned Documented, 45014 2015-18503 Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BAYADERE, 45013 2015-18499 Vessel PARAISO, 45012-45013 2015-18505 Vessel SORTILEGE, 45014-45015 2015-18500 Vessel TAURI, 45011-45012 2015-18501 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45001-45002 2015-18449 National Highway National Highway Traffic Safety Administration RULES Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2, 44863-44864 2015-18527 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 44980-44981 2015-18420 2015-18421 National Heart, Lung, and Blood Institute, 44980 2015-18358 National Nuclear National Nuclear Security Administration NOTICES Meetings: Defense Programs Advisory Committee, 44952 2015-18526 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: North Atlantic Swordfish Fishery: General Commercial Permit Retention Limit Adjustment for Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean Regions, 44884-44887 2015-18431 Fisheries Off West Coast States: Highly Migratory Species Fisheries; Pacific Bluefin Tuna; Recreational Fishing Restrictions, 44887-44891 2015-18380 International Fisheries: Western and Central Pacific Fisheries for Highly Migratory Species; Bigeye Tuna Longline Fishery Closure, 44883-44884 2015-18433 NOTICES Permits: Marine Mammals; File No. 14296, 44939-44940 2015-18454 Marine Mammals; File No. 18786, 44939 2015-18452 Marine Mammals; File No. 19590, 44938-44939 2015-18453 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Wilderness Management Plan, Lake Mead National Recreation Area, Nevada and Arizona, 44993 2015-18436 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44944-44945 2015-18427 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Event, 45005-45006 2015-18408 Exemptions: ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2, 45003-45005 2015-18474 License Transfers: Uranerz Energy Corp., Nichols Ranch ISR Project, 45002-45003 2015-18463 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Procedures Related to Commission Views, 44921-44922 2015-18425 NOTICES New Postal Products, 45006 2015-18426 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Long-term Recapture and Recirculation of San Joaquin River Restoration Program Flows, 44993-44995 2015-18536 Rural Business Rural Business-Cooperative Service NOTICES Inviting Rural Business Development Grant Program Applications for Grants to Provide Technical Assistance for Rural Transportation Systems, 44925-44930 2015-18391 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 45008 2015-18571 2015-18599 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 45006-45008 2015-18538 NYSE Arca, Inc., 45022-45049 2015-18277 Small Business Small Business Administration NOTICES Disaster Declarations: Kentucky; Amendment 2, 45009 2015-18555 Oklahoma; Amendment 6, 45010 2015-18465 Oklahoma; Amendment 8, 45008-45009 2015-18460 Texas; Amendment 10, 45009 2015-18464 Texas; Amendment 4, 45009 2015-18466 Texas; Amendment 9, 45010 2015-18462 State Department State Department PROPOSED RULES Public Access to Information, 44898-44910 2015-17856 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contact Information and Work History for Nonimmigrant Visa Applicant, 45010-45011 2015-18471 Petition to Classify Special Immigrant as an Employee or Former Employee of the U.S. Government Abroad, 45011 2015-18472 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44981-44983 2015-18428 2015-18429 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: BNSF Railway Co., Kane County, IL, 45015 2015-18446 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Maritime Administration

See

National Highway Traffic Safety Administration

See

Surface Transportation Board

Treasury Treasury Department See

Internal Revenue Service

NOTICES Change in the Calculation of Interest Rate Paid on Cash Deposited to Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 45018-45019 2015-18545
Customs U.S. Customs and Border Protection NOTICES Renewal of the Generalized System of Preferences and Retroactive Application for Certain Liquidations and Reliquidations under the GSP, 44986-44987 2015-18459 Test to Collect Biometric Information: BE-Mobile Air Test, 44983-44986 2015-18418 Veteran Affairs Veterans Affairs Department RULES Update to National Fire Protection Association Standards, Incorporation by Reference, 44859-44863 2015-18332 PROPOSED RULES Schedule for Rating Disabilities: Dental and Oral Conditions, 44913-44921 2015-17266 NOTICES Meetings: Special Medical Advisory Group, 45019 2015-18447 Separate Parts In This Issue Part II Securities and Exchange Commission, 45022-45049 2015-18277 Reader Aids

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

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80 144 Tuesday, July 28, 2015 Rules and Regulations DEPARTMENT OF COMMERCE Office of the Secretary 2 CFR Part 1327 15 CFR Parts 14 and 24 [Docket No.: 150320288-5547-02] RIN 0605-AA34 Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards AGENCY:

Office of the Secretary, Department of Commerce.

ACTION:

Final rule.

SUMMARY:

The Department of Commerce publishes this rule to adopt as a final rule, without change, a joint interim final rule published with the Office of Management and Budget (OMB) for all Federal award-making agencies that implemented guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). This rule is necessary to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB for the Department of Commerce.

DATES:

This rule is effective August 27, 2015.

FOR FURTHER INFORMATION CONTACT:

John Geisen at 202-482-0602 or [email protected]

SUPPLEMENTARY INFORMATION:

On December 19, 2014, OMB issued an interim final rule that implemented for all Federal award-making agencies the final guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). In that interim final rule, Federal awarding agencies, including the Department of Commerce, joined together to implement the Uniform Guidance in their respective chapters of title 2 of the CFR, and, where approved by OMB, implemented any exceptions to the Uniform Guidance by including the relevant language in their regulations. Where applicable, agencies provided additional language beyond that included in 2 CFR 200, consistent with their existing policy, to provide more detail with respect to how they intend to implement the policy, where appropriate.

In addition, the interim final rule made technical corrections to the Uniform Guidance, where needed, to ensure that particular language in the final guidance matched with the Council on Financial Assistance Reform's intent and to avoid any erroneous implementation of the guidance. The interim final rule went into effect on December 26, 2014. The public comment period for the interim final rule closed on February 17, 2015.

The Department of Commerce publishes this final rule to adopt the provisions of the interim final rule. The Department did not request any exceptions to the Uniform Guidance and did not provide any language beyond what was included in 2 CFR 200. The Department did not receive any public comments on its regulations. Accordingly, the Department makes no changes to the interim final rule.

Classification Paperwork Reduction Act

This rule contains no collections of information subject to the requirements of the Paperwork Reduction Act (44 U.S.C. Ch. 3506). Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number.

Regulatory Flexibility Act

Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared.

Executive Order 12866

Pursuant to Executive Order 12866, OMB has determined this final rule to be not significant.

Barry Berkowitz, Director of Acquisition Management, U.S. Department of Commerce.

Accordingly, the interim rule amending 2 CFR part 1327, and 15 CFR parts 14 and 24, which was published at 79 FR 75867 on December 19, 2014, is adopted as a final rule without change.

[FR Doc. 2015-18196 Filed 7-27-15; 8:45 am] BILLING CODE 3510-17-M
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2463; Directorate Identifier 2015-NM-086-AD; Amendment 39-18216; AD 2015-15-07] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2015-10-01 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2015-10-01 required inspection for correct assembly of the main landing gear (MLG) alternate extension system reservoir lid, and corrective action if necessary. This new AD revises the applicability. This AD was prompted by the discovery of two errors in the applicability of AD 2015-10-01. We are issuing this AD to, in the event of a failure of the primary MLG extension system, prevent failure of the alternate MLG extension system to fully extend the MLG into a down-and-locked position, which could result in collapse of both left-hand and right-hand MLG sides during touchdown.

DATES:

This AD becomes effective August 12, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 14, 2015 (80 FR 32449, June 9, 2015).

We must receive comments on this AD by September 11, 2015.

ADDRESSES:

You may send comments by any of the following methods:

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

Fax: 202-493-2251.

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

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

For Bombardier service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com. For Parker service information identified in this AD, contact Parker Aerospace, 14300 Alton Parkway, Irvine, CA 92618; telephone: 949-833-3000; Internet: http://www.parker.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2463.

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-2015-2463; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Discussion

On May 1, 2015, we issued AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015). AD 2015-10-01 applied to certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2015-10-01 was prompted by reports of hydraulic fluid loss from the reservoir of the MLG alternate extension system. AD 2015-10-01 required inspection for correct assembly of the MLG alternate extension system reservoir lid, and corrective action if necessary. We issued AD 2015-10-01 to, in the event of a failure of the primary MLG extension system, prevent failure of the alternate MLG extension system to fully extend the MLG into a down-and-locked position, which could result in collapse of both left-hand and right-hand MLG sides during touchdown.

AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), corresponds to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-15, dated June 6, 2014. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2463.

Since we issued AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), we have discovered two inadvertent errors in the identification of the affected airplane models in the applicability of AD 2015-10-01. Paragraph (c) of AD 2015-10-01 omitted Bombardier Model DHC-8-400 airplanes and erroneously referred to a model (DHC-8-403) that is not identified on the U.S. type certificate. However, the serial numbers identified in paragraph (c) of AD 2015-10-01 were correct. We have also revised the estimated number of U.S.-registered airplanes affected by this AD. The number of airplanes is less than we originally estimated.

FAA's Determination and Requirements of This AD

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

FAA's Determination of the Effective Date

We are superseding AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), to correct two errors in the applicability in paragraph (c) of AD 2015-10-01, which inadvertently omitted a certain airplane model affected by the unsafe condition, and included a model that is not identified on the U.S. type certificate. We have made no other changes to the requirements published in AD 2015-10-01. Also, there are currently no Bombardier Inc. Model DHC-8-400 airplanes (the omitted airplane model) on the U.S. Register. Therefore, we determined that notice and opportunity for public comment before issuing this AD are unnecessary.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-2463; Directorate Identifier 2015-NM-086-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.

Related Service Information Under 1 CFR Part 51

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

Costs of Compliance

We estimate that this AD affects 78 airplanes of U.S. registry.

The actions required by AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), and retained in this AD take about 4 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2015-10-01 is $340 per product.

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

The new requirements of this AD add no additional economic burden.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), and adding the following new AD: 2015-15-07 Bombardier, Inc.: Amendment 39-18216. Docket No. FAA-2015-2463; Directorate Identifier 2015-NM-086-AD. (a) Effective Date

This AD becomes effective August 12, 2015.

(b) Affected ADs

This AD replaces AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015).

(c) Applicability

This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes, certificated in any category, serial numbers 4001 through 4424 inclusive.

(d) Subject

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

(e) Reason

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

(f) Compliance

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

(g) Retained Inspection and Corrective Action, With No Changes

This paragraph restates the requirements of AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), with no changes. Within 2,000 flight hours or 12 months after July 14, 2015 (the effective date of AD 2015-10-01), whichever occurs first: Do a general visual inspection of the MLG alternate extension system reservoir lid for correct assembly, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-29-34, dated May 9, 2013, and with the attached Parker Service Bulletin 82910012-29-431, dated October 22, 2012, as referenced in Bombardier Service Bulletin 84-29-34, dated May 9, 2013. Do all applicable corrective actions within 2,000 flight hours or 12 months after July 14, 2015, whichever occurs first.

(h) Retained Credit for Previous Actions, With No Changes

This paragraph restates the provisions of paragraph (h) of AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), with no changes. This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before July 14, 2015 (the effective date of AD 2015-10-01), using Bombardier All Operator Message 543, dated October 17, 2012, which is not incorporated by reference in this AD.

(i) Other FAA AD Provisions

The following provisions also apply to this AD:

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

(i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(ii) AMOCs approved previously for AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), are approved as AMOCs for the corresponding provisions of this AD.

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

(j) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-15, dated June 6, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2463.

(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(4) and (k)(6) of this AD.

(k) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on July 14, 2015 (80 FR 32449, June 9, 2015).

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

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

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

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

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

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

Issued in Renton, Washington, on July 13, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-17975 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0778; Directorate Identifier 2014-NM-095-AD; Amendment 39-18220; AD 2015-15-11] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This AD was prompted by reports of skin cracks and subsequent findings of hidden corrosion found on the mating surfaces between certain skin and stringers at circumferential skin splices. This AD requires general visual inspections of the fuselage skin at certain lower circumferential splices for the presence of existing external doublers, repetitive inspections of the fuselage skin, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct hidden corrosion due to compromised fillet seals, which can result in skin cracking and consequent loss of capability to support limit loads.

DATES:

This AD is effective September 1, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 1, 2015.

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.You may view this referenced service information at the FAA, Transport Airplane Directorate,

1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0778.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0778; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Bill Ashforth, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6432; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. The NPRM published in the Federal Register on November 28, 2014 (79 FR 70799). The NPRM was prompted by reports of skin cracks and subsequent findings of hidden corrosion found on the mating surfaces between certain skin and stringers at circumferential skin splices. The NPRM proposed to require general visual inspections of the fuselage skin at certain lower circumferential splices for the presence of existing external doublers, repetitive inspections of the fuselage skin, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct hidden corrosion due to compromised fillet seals, which can result in skin cracking and consequent loss of capability to support limit loads.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 70799, November 28, 2014) and the FAA's response to each comment.

Concurrence With NPRM (79 FR 70799, November 28, 2014)

United Airlines stated that it concurs with the proposed requirements specified in the NPRM (79 FR 70799, November 28, 2014).

Request To Clarify What Prompted the AD Action and Clarify the Unsafe Condition

Boeing requested that we clarify the unsafe condition and revise various locations of the NPRM (79 FR 70799, November 28, 2014) to indicate that corrosion was discovered only after a skin crack was reported. Boeing explained the hidden corrosion between the skin and stringer was not visibly detectable and was discovered only after a skin crack was reported.

We agree to revise the sentences that specify the unsafe condition and that specify what prompted the AD action. We have revised the SUMMARY of this final rule, as well as the Discussion and paragraph (e) of this AD, by adding the phrase “hidden corrosion due to” to the sentences that specify the unsafe condition, and by adding the phrase “skin cracks and subsequent findings of hidden” to the sentences that discuss what prompted the AD action.

Request To Clarify Requirements Based on Presence of Doubler Repair

Boeing requested that we revise paragraph (g) of the NPRM (79 FR 70799, November 28, 2014) to clarify the proposed requirements for surface low frequency eddy current (LFEC) inspections for areas with and without repair doublers.

We agree to revise paragraph (g) of this AD to clarify configurations of areas with and without repair doublers. We have revised paragraph (g)(1) and added new paragraph (g)(2) to this AD to specify configurations having “an external repair doubler” and where “no existing repair doubler” exists.

Request To Add Required High Frequency Eddy Current (HFEC) Inspections

Boeing requested that we revise paragraphs (g)(2) and (h)(2)(i) of the NPRM (79 FR 70799, November 28, 2014) by adding HFEC inspections as a required action.

We disagree with specifying HFEC inspections as requested in this AD because this AD already requires compliance with all applicable “related investigative actions,” which include applicable HFEC inspections. The terminology for the proposed AD requirements was addressed by the NPRM (79 FR 70799, November 28, 2014). Our standard practice is to specify actions that are related to the primary action and actions that further investigate the nature of any condition found as “related investigative actions.” No change has been made to this AD in this regard.

Request To Reference Correct Service Information

UPS requested that the correct eddy current inspection procedure be referenced in the NPRM (79 FR 70799, November 28, 2014). UPS stated that Boeing Information Notice 747-53A2861 IN 01, dated April 24, 2014, was issued to inform operators that Paragraph 3.B, Part 2, Step 1, of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, should refer to “747 Nondestructive test (NDT) Manual Part 6, 53-30-00, Procedure 5,” instead of “747 NDT Manual Part 6, 51-00-00, Procedure 8,” as the correct inspection procedure of the fuselage skin. UPS stated that adding this information would prevent the need for requests for alternative methods of compliance (AMOCs) related to this error.

We find that clarification is needed. To clarify this information, we have added a new exception to include the correct source of service information for this inspection. New paragraph (i)(3) of this AD refers to “747 NDT Manual Part 6, 53-30-00, Procedure 5,” as the appropriate source of service information for the eddy current inspection of the fuselage skin. We have also added a reference to paragraph (i)(3) of this AD in paragraphs (g) and (h) of this AD.

Request To Exclude Location From Required Inspections

UPS requested that the NPRM (79 FR 70799, November 28, 2014) be revised to exclude a certain location from the inspection requirements, or that the proposed AD provide an inspection procedure that is adequate for that location. UPS stated that Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, specifies that external surface LFEC inspections for corrosion of the fuselage skin be done using “747 NDT Manual Part 6, 51-00-00, Procedure 5 or Procedure 12,” which are appropriate for skins with a specified thickness. UPS stated Table 2 of Appendix C of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, contains an error. Skin panels having part number 65B23792-XX are chem milled with a thickness that exceeds the specification listed in Table 2 of Appendix C of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014. Therefore, the NDT procedures are not valid for those skin panels at this location. UPS stated that since action is identified as “Required for Compliance,” by Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, no deviations are allowed without AMOC approval.

We disagree with the request. Agreeing with the request would delay the issuance of the AD and we find that delaying this action would be inappropriate in light of the identified unsafe condition. Boeing is aware of the discrepancy with the NDI instructions, and is actively working on a global AMOC for operators to correct the error by means of a validated procedure. Operators have the option of proposing their own procedure in accordance with paragraph (j) of this AD.

Since chem milling affects the ability to accomplish Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, and the corrective action is not clear in the service information, we have added an exception to new paragraph (i)(4) of this AD to specify where Paragraph 3.B, Part 3, Step 1, of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, specifies doing external surface LFEC inspections in accordance with “747 NDT Manual Part 6, 51-00-00, Procedure 5 or Procedure 12,” and the skin panels are chem milled with a thickness that exceeds the specification listed in Table 2 of Appendix C of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, this AD requires using an AMOC per paragraph (j) of this AD. We have added a reference to paragraph (i)(4) of this AD in paragraphs (g) and (h) of this AD. Operators may request approval of an AMOC under the provisions of paragraph (j) of this AD, for procedures that would help them meet the NDT test requirements.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (79 FR 70799, November 28, 2014) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 70799, November 28, 2014).

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

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014. The service information describes procedures for inspections of the fuselage skin at certain lower circumferential splices for the presence of existing external doublers, inspections of the fuselage skin for cracking and corrosion, and corrective actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this final rule.

Costs of Compliance

We estimate that this AD affects 165 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection Up to 121 work-hours × $85 per hour = $10,285 $0 Up to $10,285 Up to $1,697,025.

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

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-15-11  The Boeing Company: Amendment 39-18220; Docket No. FAA-2014-0778; Directorate Identifier 2014-NM-095-AD. (a) Effective Date

This AD is effective September 1, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to The Boeing Company Model 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes; certificated in any category, as identified in Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014.

(d) Subject

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

(e) Unsafe Condition

This AD was prompted by reports of skin cracks and subsequent findings of hidden corrosion found on the mating surfaces between certain skin and stringers at circumferential skin splices. We are issuing this AD to detect and correct hidden corrosion due to compromised fillet seals, which can result in skin cracking and consequent loss of capability to support limit loads.

(f) Compliance

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

(g) Inspections and Repair for Group 1 Airplanes

For airplanes identified as Group 1 in Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014: At the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, except as provided by paragraph (i)(1) of this AD, do external general visual inspections for the presence of external doublers on the fuselage skin, and do the applicable actions specified in paragraphs (g)(1) and (g)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, except as required by paragraphs (i)(2), (i)(3), and (i)(4) of this AD. Do all applicable repetitive inspections of the fuselage skin thereafter at the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014.

(1) For each affected area with an external repair doubler: Before further flight, do a surface low frequency eddy current (LFEC) inspection for skin cracks of the external lower lobe repair doubler, and do all applicable related investigative and corrective actions. Do all applicable related investigative and corrective actions before further flight.

(2) For any affected area with no external repair doubler: Before further flight, do a surface LFEC inspection for corrosion of the external lower lobe skin surface, and do all applicable related investigative and corrective actions. Do all applicable related investigative and corrective actions before further flight.

(h) Inspections and Repair for Group 2 Airplanes

For airplanes identified as Group 2 in Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014: At the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, except as provided by paragraph (i)(1) of this AD, do external general visual inspections for the presence of external doublers on the fuselage skin, and do the applicable actions specified in paragraphs (h)(1) and (h)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, except as required by paragraphs (i)(2), (i)(3), and (i)(4) of this AD.

(1) For affected areas with any existing repair doubler: Before further flight, do inspections and applicable repairs using a method approved in accordance with the procedures specified by paragraph (j) of this AD.

(2) For affected areas with no existing repair doubler, do the applicable actions specified in paragraph (h)(2)(i) and (h)(2)(ii) of this AD.

(i) Before further flight, do a surface LFEC inspection for corrosion of the external lower lobe doubler, a surface LFEC inspection for skin cracks of the external lower lobe doubler, a detailed inspection for cracks of the external lower lobe skin, and do all applicable related investigative and corrective actions. Do all applicable related investigative and corrective actions before further flight.

(ii) Do all applicable repetitive inspections of the fuselage skin thereafter at the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014.

(i) Exceptions to Service Information Specifications

(1) Where Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, specifies a compliance time “after the original issue date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

(2) Although Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, specifies to contact Boeing for repair data, and specifies that action as “RC” (Required for Compliance), this AD requires repair before further flight using a method approved in accordance with the procedures specified in paragraph (j) of this AD.

(3) Where Paragraph 3.B, Part 2, Step 1, of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, incorrectly identifies “747 NDT Manual Part 6, 51-00-00, Procedure 8,” associated with the LFEC inspection for skin cracks of the external lower lobe repair doubler, the correct reference is “747 NDT Manual Part 6, 53-30-00, Procedure 5.”

(4) Where Paragraph 3.B, Part 3, Step 1, of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, specifies doing external surface LFEC inspections in accordance with “747 NDT Manual Part 6, 51-00-00, Procedure 5 or Procedure 12,” and the skin panels are chem milled with a thickness that exceeds the specification listed in Table 2 of Appendix C of Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014, this AD requires using a method approved in accordance with the procedures specified in paragraph (j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

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

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

(3) Except as required by paragraph (i) of this AD: Some steps in the Work Instructions are labeled as Required for Compliance (RC). If this service bulletin is mandated by an AD, then the steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures. Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

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

(k) Related Information

For more information about this AD, contact Bill Ashforth, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6432; fax: 425-917-6590; email: [email protected]

(l) Material Incorporated by Reference

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

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

(i) Boeing Alert Service Bulletin 747-53A2861, dated April 1, 2014.

(ii) Reserved.

(3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

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

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

Issued in Renton, Washington, on July 16, 2015. Suzanne Masterson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-18156 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0921; Directorate Identifier 2014-NM-073-AD; Amendment 39-18193; AD 2015-13-06] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2013-14-05 for certain The Boeing Company Model 747-400 and 747-400F series airplanes. AD 2013-14-05 required repetitive inspections of the longeron extension fittings for cracking, and related investigative and corrective actions if necessary. This new AD would continue to require the actions specified in AD 2013-14-05, and would add new repetitive high frequency eddy current (HFEC) inspections of any modified, repaired, or replaced longeron extension fitting for cracking, and applicable related investigative and corrective actions if necessary. This AD was prompted by reports of cracking in the outboard flange of the longeron extension fittings, and our determination that more work is necessary on airplanes on which a permanent repair, longeron extension fitting replacement, or modification was accomplished. We are issuing this AD to detect and correct cracks in the longeron extension fittings, which can become large and adversely affect the structural integrity of the airplane.

DATES:

This AD is effective September 1, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 1, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of August 26, 2013 (78 FR 43763, July 22, 2013).

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA 2014-0921.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014 0921; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6428; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013). AD 2013-14-05 applied to certain The Boeing Company Model 747-400 and 747-400F series airplanes. The NPRM published in the Federal Register on December 15, 2014 (79 FR 74038). The NPRM was prompted by reports of cracking in the outboard flange of the longeron extension fittings, and our determination that more work is necessary on airplanes on which a permanent repair, longeron extension fitting replacement, or modification was accomplished, as required by AD 2013-14-05. The NPRM proposed to continue to require the actions specified in AD 2013-14-05, and to add new repetitive high frequency eddy current (HFEC) inspections of any modified, repaired, or replaced longeron extension fitting for cracking, and applicable related investigative and corrective actions if necessary. We are issuing this AD to detect and correct cracks in the longeron extension fittings, which can become large and adversely affect the structural integrity of the airplane.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 74038, December 15, 2014) and the FAA's response to each comment.

Support for the NPRM (79 FR 74038, December 15, 2014)

United Airlines expressed that the NPRM (79 FR 74038, December 15, 2014) affects 13 of its Boeing Model 747-400 series airplanes, and that it concurs with the NPRM.

Boeing expressed that it concurs with the NPRM (79 FR 74038, December 15, 2014).

Request To Include the Effective Date

Atlas Air requested that we revise the NPRM (79 FR 74038, December 15, 2014) to include a new paragraph (k)(3) to list the effective date of AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013), or that we include the effective date of AD 2013-14-05 in paragraph (g) of the NPRM. Atlas Air pointed out that the compliance time in paragraph (g) of the NPRM references the “Compliance” section of the service information, which is based on the effective date of AD 2013-14-05, and once AD 2013-14-05 is replaced, the effective date of AD 2013-14-05 will no longer exist.

We disagree with the commenter's request to add a new paragraph (k)(3) to this AD, or to add the effective date of AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013), to paragraph (g) of this AD. The effective date of AD 2013-14-05 (August 26, 2013) is specified in the first sentence under paragraph 1.E., “Compliance,” of the referenced service information. Therefore, no change is needed for this AD in this regard.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (79 FR 74038, December 15, 2014) for correcting the unsafe condition; and

• do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 74038, December 15, 2014).

Related Service Information Under 1 CFR part 51

We reviewed Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014. The service information describes procedures for repetitive HFEC inspections of any modified, repaired, or replaced longeron extension fitting for cracking, and applicable related investigative and corrective actions if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

Costs of Compliance

We estimate that this AD affects 41 airplanes of U.S. registry

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators HFEC inspection [retained action from AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013)] 32 work-hours × $85 per hour = $2,720 per inspection cycle $0 $2,720 per inspection cycle $111,520 per inspection cycle Terminating action for certain inspections [retained action from AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013)] 479 work-hours × $85 per hour = $40,715 $0 $40,715 $1,669,315 HFEC inspection [new action] 32 work-hours × $85 per hour = $2,720 per inspection cycle $0 $2,720 per inspection cycle $111,520 per inspection cycle

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

On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement 464 work-hours × $85 per hour = $39,440 $0 $39,440

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013), and adding the following new AD: 2015-13-06 The Boeing Company: Amendment 39-18193 ; Docket No. FAA-2014-0921; Directorate Identifier 2014-NM-073-AD. (a) Effective Date

    This AD is effective September 1, 2015.

    (b) Affected ADs

    This AD replaces AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013).

    (c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400F series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by reports of cracking in the outboard flange of the longeron extension fittings, and our determination that more work is necessary on airplanes on which a permanent repair, longeron extension fitting replacement, or modification was accomplished, as required by AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013). We are issuing this AD to detect and correct cracks in the longeron extension fittings, which can become large and adversely affect the structural integrity of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections

    At the applicable time specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014: Do surface high frequency eddy current (HFEC) inspections for cracking of the left and right longeron extension fittings, and all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, except as required by paragraph (k)(2) of this AD. Do all applicable corrective actions at the applicable time specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014. If no cracking is found, repeat the inspection thereafter at the intervals specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, until a terminating action specified in paragraph (h) of this AD is done.

    (h) Terminating Actions for the Inspections Required by Paragraph (g) of This AD

    (1) Doing the permanent repair, longeron extension fitting replacement, or preventative modification before the effective date of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012, terminates the repetitive inspections required by paragraph (g) of this AD. Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012, was incorporated by reference in AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013) and continues to be incorporated by reference in this AD. After accomplishing the actions specified in this paragraph, the actions specified in paragraph (i) of this AD must be done at the times specified in paragraph (i) of this AD.

    (2) Doing the repair (PART 4 of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014), longeron extension fitting replacement, or modification on or after the effective date of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, except as required by paragraph (k)(2) of this AD, terminates the repetitive inspection requirements of paragraph (g) of this AD. After accomplishing the actions specified in this paragraph, the actions specified in paragraph (i) of this AD must be done at the times specified in paragraph (i) of this AD.

    (i) Post-Modification/Repair/Replacement Inspections

    For airplanes on which any action identified in paragraph (h) of this AD has been accomplished (including if the action is done as a corrective action required by paragraph (g) or (j) of this AD): At the applicable time specified in table 3 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, except as required by paragraph (k)(1) of this AD, do a surface HFEC inspection of the left and right longeron extension fittings for cracking, as applicable, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014. Do all applicable corrective actions at the applicable time specified in table 3 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, except as required by paragraph (k)(2) of this AD. If no cracking is found, repeat the inspection thereafter at the interval specified in table 3 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014.

    (j) Inspection of Temporary Repair and Corrective Actions

    For airplanes on which a temporary repair specified in Boeing Alert Service Bulletin 747-53A2860 has been done: At the times specified in table 2 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, do a surface HFEC inspection of the temporary repair of the longeron extension fittings for cracking, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, except as required by paragraph (k)(2) of this AD. Do all applicable corrective actions before further flight.

    (k) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, specifies a compliance time “after the Revision 1 date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (2) Where Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014, specifies to contact Boeing for repair information: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (m) of this AD.

    (l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in paragraphs (g) and (j) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012, which was incorporated by reference in AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013).

    (m) Alternative Methods of Compliance (AMOCs)

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

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

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

    (4) AMOCs approved previously for AD 2013-14-05, Amendment 39-17510 (78 FR 43763, July 22, 2013), are approved as AMOCs for the corresponding provisions of paragraphs (g), (h), and (j) of this AD.

    (n) Related Information

    For more information about this AD, contact Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6428; fax: 425-917-6590; email: [email protected]

    (o) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on September 1, 2015.

    (i) Boeing Alert Service Bulletin 747-53A2860, Revision 1, dated March 18, 2014.

    (ii) Reserved.

    (4) The following service information was approved for IBR on August 26, 2013 (78 FR 43763, July 22, 2013).

    (i) Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012.

    (ii) Reserved.

    (5) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on June 19, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-15851 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0164; Directorate Identifier 2014-NE-02-AD; Amendment 39-18191; AD 2015-13-04] RIN 2120-AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding airworthiness directive (AD) 2014-19-05 for all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2 turboshaft engines. AD 2014-19-05 required an initial one-time vibration check of the engine accessory gearbox (AGB) on certain Arriel 1 and Arriel 2 model engines, and repetitive vibration checks for all Arriel 1 and Arriel 2 engines. This AD was prompted by our determination that we incorrectly identified technical references in AD 2014-19-05. We are issuing this AD to prevent failure of the engine AGB, which could lead to in-flight shutdown and damage to the engine, which may result in damage to the aircraft.

    DATES:

    This AD is effective September 1, 2015.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 1, 2015.

    The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of November 5, 2014 (79 FR 59091, October 1, 2014).

    ADDRESSES:

    For service information identified in this AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 0 5 59 74 40 00; telex: 570 042; fax: 33 0 5 59 74 45 15. You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0164.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0164; 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 mandatory continuing airworthiness information, regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7758; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2014-19-05, Amendment 39-17973 (79 FR 59091, October 1, 2014), (“AD 2014-19-05”). AD 2014-19-05 applied to the specified products. The NPRM published in the Federal Register on February 4, 2015 (80 FR 6017). The NPRM proposed to continue to require an initial one-time vibration check of the engine AGB on certain higher risk Arriel 1 and Arriel 2 model engines. That NPRM also proposed to continue to require repetitive vibration checks of the engine AGB for all Arriel 1 and Arriel 2 engines at every engine shop visit.

    We gave the public the opportunity to participate in developing this AD. We considered the comments received.

    Request To Allow Sufficient Compliance Time

    One commenter requested that sufficient time be allowed to comply with this AD to account for the availability of the vibration test equipment and Turbomeca technical representatives. The commenter indicated that the initial one-time vibration check of the engine AGB requires use of Turbomeca-specified vibration test equipment and is performed by Turbomeca technical personnel.

    We do not agree. The compliance times in the AD provide sufficient time for the operator to perform the required maintenance. Operators can also procure the required vibration test equipment to perform the test. We did not change this AD.

    Request To Revise Definition of Shop Visit

    One commenter requested that we revise the AD to make the definition of “shop visit” consistent with EASA AD 2014-0036. The EASA AD specifies that the repetitive vibration check of the engine AGB be performed during a “qualifying shop visit,” which is when the engine is “overhauled or repaired in a qualified Repair Center.” The commenter indicated that because of the modularity of the Arriel engine, it is possible to separate a major mating flange during “Level 2” or “Level 1 maintenance.”

    We do not agree. We do not find specific criteria in EASA AD 2014-0036's definition of “engine shop visit” for when the repetitive AGB vibration check should be conducted. We did not change this AD.

    Request To Eliminate Repetitive Vibration Check

    One commenter requested that the repetitive vibration check required by this AD be eliminated. The commenter indicated that this vibration check is already incorporated in Turbomeca Level 4 maintenance, and in subsequent test requirements, so it will always be done. Further, adding this requirement to the AD only adds to the cost and paperwork requirements for operators.

    We do not agree. The repetitive vibration checks of the engine AGB are required to prevent failure of the AGB. We did not change this AD.

    Revisions To Service Information References

    Turbomeca S.A. updated the service bulletins (SBs) referenced in this AD. We reviewed the updated SBs and found they adequately addressed the unsafe condition. Therefore, we revised this AD to reference the updated versions of the SBs. This AD now references Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 292 72 0839, Version C, dated June 18, 2014, and Turbomeca S.A. MSB No. 292 72 2849, Version C, dated June 18, 2014. We also revised compliance paragraph (e) of this AD to refer to the corresponding paragraphs used in these updated MSBs to require the vibration checks.

    Conclusion

    We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

    Related Service Information Under 1 CFR Part 51

    We reviewed Turbomeca S.A. MSB No. 292 72 0839, Version C, dated June 18, 2014; and Turbomeca S.A. MSB No. 292 72 2849, Version C, dated June 18, 2014. The service information describes procedures for vibration checks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    Costs of Compliance

    We estimate that this AD affects 1,268 engines installed on aircraft of U.S. registry. We also estimate that it will take about 4 hours per engine to comply with the inspection requirement in this AD. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $431,120.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    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) 2014-19-05, Amendment 39-17973 (79 FR 59091, October 1, 2014), and adding the following new AD: 2015-13-04 Turbomeca S.A.: Amendment 39-18191; Docket No. FAA-2014-0164; Directorate Identifier 2014-NE-02-AD. (a) Effective Date

    This AD is effective September 1, 2015

    (b) Affected ADs

    This AD supersedes AD 2014-19-05, Amendment 39-17973 (79 FR 59091, October 1, 2014).

    (c) Applicability

    This AD applies to all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2 turboshaft engines.

    (d) Unsafe Condition

    This AD was prompted by reports of uncommanded in-flight shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2 engines following rupture of the 41-tooth gear forming part of the 41/23-tooth bevel gear located in the engine accessory gearbox (AGB). We are issuing this AD to prevent failure of the engine AGB, which could lead to in-flight shutdown and damage to the engine, which may result in damage to the aircraft.

    (e) Compliance

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

    (1) For all Turbomeca S.A. Arriel 1B, 1D, 1D1, 2B, and 2B1 turboshaft engines, perform a one-time vibration check of the AGB 41/23-tooth bevel gear meshing within 32 months of the effective date of this AD, as follows:

    (i) For all Turbomeca S.A. Arriel 1B, 1D, and 1D1 engines, except those engines with an AGB installed with a serial number (S/N) listed in the figure under paragraph 2.2. of Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 292 72 0839, Version C, dated June 18, 2014, use paragraph 2.3.1. through 2.3.3. of Turbomeca S.A. MSB No. 292 72 0839, Version C, dated June 18, 2014, to perform the vibration check.

    (ii) You must also use Turbomeca S.A. Arriel 1 Technical Instruction (TI) No. 292 72 0839 and Turbomeca S.A. Arriel 1 TI No. 292 72 0840 to do the vibration check.

    (iii) For all Turbomeca S.A. Arriel 2B and 2B1 engines, except those engines with an AGB installed with an S/N listed in the figure under paragraph 2.2. of Turbomeca S.A. MSB No. 292 72 2849, Version C, dated June 18, 2014, use paragraphs 2.3.1. through 2.3.3. of Turbomeca S.A. MSB No. 292 72 2849, Version C, dated June 18, 2014, to perform the vibration check. Turbomeca S.A. MSB No. 292 72 2849 refers to Turbomeca S.A. Arriel 2 TI No. 292 72 2849 and to Turbomeca S.A. Arriel 2 TI No. 292 72 2850, which you must also use to do the vibration check.

    (iv) The reporting requirements in paragraphs 2.3.1.1.3., 2.3.2.1.3., and the requirement to return module M01 (AGB) to a Repair Center in paragraph 2.3.2.2.2. in Turbomeca S.A. MSB No. 292 72 0839, Version C, dated June 18, 2014, and in Turbomeca S.A. MSB No. 292 72 2849, Version C, dated June 18, 2014, are not required by this AD.

    (2) For all affected Turbomeca S.A. engines, during each engine shop visit after the effective date of this AD, perform a vibration check of the AGB 41/23-tooth bevel gear meshing.

    (3) If the AGB does not pass the vibration check required by paragraphs (e)(1) or (e)(2) of this AD, replace the AGB with a part eligible for installation.

    (f) Credit for Previous Action

    If you performed a vibration check of the AGB before the effective date of this AD using Turbomeca S.A. MSB No. 292 72 0839, Version A, dated September 9, 2013, or Version B, dated November 25, 2013, or MSB No. 292 72 2849, Version A, dated September 9, 2013, or Version B, dated November 25, 2013; or during an engine shop visit per paragraph (e)(2) of this AD, you met the initial inspection requirement of paragraph (e)(1) of this AD.

    (g) Definition

    For the purpose of this AD, an “engine shop visit” is the induction of an engine into the shop for maintenance involving the separation of pairs of major mating engine flanges. The separation of engine flanges solely for the purpose of transportation without subsequent engine maintenance does not constitute an engine shop visit.

    (h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: [email protected]

    (i) Related Information

    (1) For more information about this AD, contact Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7758; fax: 781-238-7199; email: [email protected]

    (2) Refer to MCAI European Aviation Safety Agency AD 2014-0036, dated February 11, 2014, for related information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0164-0003.

    (3) Turbomeca S.A. Engine Test Bed Acceptance Test Specifications CCT No. 0292009400, Version T; CCT No. 0292019400, Version R; CCT No. 0292019690, Version I; CCT No. 0292019530, Version K; CCT No. 0292019610, Version K; CCT No. 0292029450, Version J; CCT No. 0292029490, Version I; CCT No. 0292029440, Version I; CCT No. 0292029480, Version K; CCT No. 0292029520, Version H; CCT No. 0292029410, Version L; CCT No. 0292029530, Version H; or Turbomeca ID No. 383952; or Turbomeca RTD No. X 292 65 327 2, provide information on performing a vibration check during an engine shop visit. These service documents can be obtained from Turbomeca S.A. using the contact information in paragraph (j)(5) of this AD.

    (j) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on September 1, 2015.

    (i) Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 292 72 0839, Version C, dated June 18, 2014.

    (ii) Turbomeca S.A. MSB No. 292 72 2849, Version C, dated June 18, 2014.

    (4) The following service information was approved for IBR on November 5, 2014 (79 FR 59091, October 1, 2014).

    (i) Turbomeca S.A. MSB No. 292 72 0839, Version B, dated November 25, 2013.

    (ii) Turbomeca S.A. MSB No. 292 72 2849, Version B, dated November 25, 2013.

    (iii) Turbomeca S.A. Arriel 1 Technical Instruction (TI) No. 292 72 0839, Version E, dated February 20, 2014.

    (iv) Turbomeca S.A. Arriel 1 TI No. 292 72 0840, Version A, dated November 29, 2013.

    (v) Turbomeca S.A. Arriel 2 TI No. 292 72 2849, Version E, dated February 20, 2014.

    (vi) Turbomeca S.A. Arriel 2 TI No. 292 72 2850, Version A, dated November 29, 2013.

    (5) For Turbomeca S.A. service information identified in this AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 0 5 59 74 40 00; telex: 570 042; fax: 33 0 5 59 74 45 15.

    (6) You may view this service information at FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

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

    Issued in Burlington, Massachusetts, on July 16, 2015. Robert J. Ganley, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2015-18051 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-0046; Airspace Docket No. 14-ASO-23] Establishment of Class E Airspace; Headland, AL AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E Airspace at Headland, AL, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Headland Municipal Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

    DATES:

    Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace at Headland Municipal Airport, Headland, AL.

    History

    On April 24, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace extending upward from 700 feet above the surface at Headland Municipal Airport, Headland, AL (80 FR 22946). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Y dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 to establish Class E airspace extending upward from 700 feet above the surface at Headland Municipal Airport, Headland, AL, providing the controlled airspace required to support the new RNAV (GPS) standard instrument approach procedures for Headland Municipal Airport. Controlled airspace extending upward from 700 feet above the surface within a 7-mile radius of the airport would be established for IFR operations.

    Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal.

    Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for Part 71 continues to read as follows:

    Authority:

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASO AL E5 Headland, AL [New] Headland Municipal Airport, AL (Lat. 31°21′51″ N., long. 85°18′45″ W.)

    That airspace extending upward from 700 feet above the surface within a 7-mile radius of Headland Municipal Airport.

    Issued in College Park, Georgia, on July 20, 2015. Gerald E. Lynch, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2015-18340 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-0458; Airspace Docket No. 15-ASO-2] Amendment of Class E Airspace; Campbellsville, KY AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action amends Class E Airspace at Campbellsville, KY as the Taylor County NDB has been decommissioned, requiring airspace redesign at Taylor County Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    DATES:

    Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

    ADDRESSES:

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

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC, 29591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace at Taylor County Airport, Campbellsville, KY.

    History

    On April 24, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to amend Class E airspace extending upward from 700 feet above the surface at Taylor County Airport, Campbellsville, KY. (80 FR 22950). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Y dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E airspace extending upward from 700 feet above the surface within a 7.7-mile radius of Taylor County Airport, Campbellsville, KY, with a segment extending from the 7.7-mile radius to 11.3 miles northeast of Taylor County Airport.

    Airspace reconfiguration is necessary due to the decommissioning of the Taylor County NDB and cancellation of the NDB approach, and for continued safety and management of IFR operations at the airport.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

    Adoption of the Amendment:

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ASO KY E5 Campbellsville, KY [Amended] Taylor County Airport, KY (lat. 37°21′30″ N., long. 85°18′34″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.7-mile radius of Taylor County Airport, and within 4 miles each side of the 050° bearing of the airport extending from the 7.7-mile radius to 11.3 miles northeast of the airport.

    Issued in College Park, Georgia, on July 20, 2015. Gerald E. Lynch, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2015-18342 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-0044; Airspace Docket No. 15-ASO-3] Amendment of Class E Airspace; Greenville, SC AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action amends Class E Airspace at Greenville, SC as new Standard Instrument Approach Procedures have been developed at Greenville Downtown Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) ope rations at the airport. This action also updates the geographic coordinates of airport.

    DATES:

    Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

    ADDRESSES:

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

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC, 29591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace at Greenville Downtown Airport, Greenville, SC.

    History

    On April 24, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to amend Class E airspace extending upward from 700 feet above the surface at Greenville Downtown Airport, Greenville, SC. (80 FR 22952). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Y dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E airspace extending upward from 700 feet above the surface within a 9.3-mile radius of Greenville Downtown Airport, Greenville, SC. Airspace reconfiguration is necessary to support new Standard Instrument Approach Procedures developed at Greenville Downtown Airport, and for continued safety and management of IFR operations at the airport. The geographic coordinates of the airport are adjusted to coincide with the FAAs aeronautical database.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASO SC E5 Greenville, SC [Amended] Greenville Downtown Airport, SC (Lat.34°50′53″ N., long. 82°21′00″ W.) Greenville-Spartanburg International Airport, SC (Lat. 34°53′44″ N., long. 82°13′08″ W.) Donaldson Center Airport (Lat. 34°45′30″ N., long. 82°22′35″ W.) DYANA NDB (Lat. 34°41′28″ N., long. 82°26′37″ W.)

    That airspace extending upward from 700 feet above the surface within a 9.3-mile radius of Greenville Downtown Airport, and within a 10-mile radius of Greenville-Spartanburg International Airport, and within a 6.7-mile radius of Donaldson Center Airport and within 4 miles northwest and 8 miles southeast of the 224° bearing from the DYANA NDB extending from the 6.7-mile radius to 16 miles southwest of Donaldson Center Airport.

    Issued in College Park, Georgia, on July 20, 2015. Gerald E. Lynch, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2015-18341 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-0968; Airspace Docket No. 14-ASO-17] Amendment of Class E Airspace; Dyersburg, TN AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action amends Class E Airspace at Dyersburg, TN as the Dyersburg VORTAC has been decommissioned, requiring airspace redesign at Dyersburg Regional Airport, formerly Dyersburg Municipal Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport.

    DATES:

    Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

    ADDRESSES:

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

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC, 29591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace at Dyersburg Regional Airport, Dyersburg, TN.

    History

    On March 20, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to amend Class E airspace extending upward from 700 feet above the earth at Dyersburg Regional Airport, Dyersburg, TN (80 FR 14876). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Y dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E airspace extending upward from 700 feet above the surface within a 7.1-mile radius of Dyersburg Regional Airport, Dyersburg, TN.

    Airspace reconfiguration is necessary due to the decommissioning of the Dyersburg VORTAC and cancellation of the VOR approach, and for continued safety and management of IFR operations at the airport. This action also recognizes the airport's name change from Dyersburg Municipal Airport, to Dyersburg Regional Airport and updates the geographic coordinates of the airport to be in concert with the FAAs aeronautical database.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ASO TN E5 Dyersburg, TN [Amended] Dyersburg Regional Airport, TN (Lat. 35°59′53″ N., long. 89°24′24″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.1-mile radius of Dyersburg Regional Airport.

    Issued in College Park, Georgia, on July 20, 2015. Gerald E. Lynch, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2015-18337 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 150427401-5401-01] RIN 0694-AG61 Addition of Certain Persons to the Entity List; and Removal of Certain Persons From the Entity List Based on Removal Requests AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    This rule amends the Export Administration Regulations (EAR) by adding ten persons to the Entity List. The ten persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These ten persons will be listed on the Entity List under the destinations of China and South Korea.

    This final rule also removes four persons from the Entity List, as the result of requests for removal submitted by these persons, a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).

    DATES:

    This rule is effective July 28, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected].

    SUPPLEMENTARY INFORMATION: Background

    The Entity List (Supplement No. 4 to Part 744) notifies the public about entities that have engaged in activities that could result in an increased risk of the diversion of exported, reexported or transferred (in-country) items to weapons of mass destruction (WMD) programs. Since its initial publication, grounds for inclusion on the Entity List have expanded to include activities sanctioned by the State Department and activities contrary to U.S. national security or foreign policy interests. Certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require licenses from BIS and are usually subject to a policy of denial. The availability of license exceptions in such transactions is very limited. The license review policy for each entity is identified in the license review policy column on the Entity List and the availability of license exceptions is noted in the Federal Register notices adding persons to the Entity List. BIS places entities on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.

    The ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote.

    ERC Entity List Decisions Additions to the Entity List

    This rule implements the decision of the ERC to add ten persons to the Entity List. These ten persons are being added on the basis of § 744.11 (License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States) of the EAR. The ten entries added to the Entity List consist of eight entries in China and two entries in South Korea.

    The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in making the determination to add these ten persons to the Entity List. Under that paragraph, persons for whom there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such persons may be added to the Entity List. Paragraphs (b)(1) through (b)(5) of § 744.11 include an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States.

    Pursuant to § 744.11 of the EAR, the ERC determined that the following eight persons under the destination of China and two persons under the destination of South Korea be added to the Entity List for actions contrary to the national security or foreign policy interests of the United States.

    Specifically, for the eight additions under the destination of China, there is reasonable cause to believe, based on specific and articulable facts, that these eight persons have violated U.S. export laws by illicitly procuring sensitive U.S. items for unauthorized end use in China and Iran. For the two additions under the destination of South Korea, there is reasonable cause to believe, based on specific and articulable facts that these two persons have violated U.S. export laws by supporting the illicit procurement efforts of ballistic-missile related parties in Iran since at least 2011.

    Pursuant to § 744.11(b)(5) of the EAR, the ERC determined that the conduct of these ten persons raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of items subject to the EAR involving these persons, and the possible imposition of license conditions or license denials on shipments to the persons, will enhance BIS's ability to prevent violations of the EAR.

    For the ten persons recommended for addition on the basis of § 744.11, the ERC specified a license requirement for all items subject to the EAR and a license review policy of presumption of denial. The license requirements apply to any transaction in which items are to be exported, reexported, or transferred (in-country) to any of the persons or in which such persons act as purchaser, intermediate consignee, ultimate consignee, or end-user. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule.

    This final rule adds the following ten persons to the Entity List:

    China

    (1) Beijing FJR Optoelectronic Technology Company Ltd, a.k.a, the following three aliases:

    —FJIR Optoelectronic Technology Company Ltd.; —Beijing Fu Jerry; and —Fu Jirui. No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg. 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; and Beijing Shunyi district airport into 25-4, Huiyuan, 25th floor, 100028, Beijing; and 25-4 Yuhua Rd, 25th Floor, Shunyi District, Beijing, China 101318;

    (2) Beijing Opto-Electronics Technology Company, a.k.a., the following one alias:

    —BOET. No. 4, Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015;

    (3) BOP Opto-Electronics Technology Company, a.k.a., the following one alias

    —Beijing BOP Electro-Optics. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015;

    (4) China Electronic Technology Group Corporation No. 11 Research Institute, a.k.a, the following three aliases, and including the named subordinate institutions:

    —North China Research Institute of Electro-Optics (NCRIEO); —China North Research Institute of Electro-Optics; and —CETC 11th Research Institute (CETC 11th RI).

    Subordinate institution Beijing Laiyin Company Ltd, a.k.a., the following one alias,

    —Beijing North China Lai Yin Opto-Electronics Technology Company;

    Subordinate institution China Electronics Technology Corporation (CETC) Infrared Engineering and Technology Company, a.k.a., the following one alias:

    —CETC Infrared or CETC IR. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; and Electronic City of Zhong Guan Cun Technical Zone, Beijing, China, 100015.

    (5) China National Commercial New Tone Trading Company Ltd, Room 616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801;

    (6) Fuyuan Huang, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085;

    (7) Yin Zhao, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; and

    (8) Yiwu Tianying Optical Instrument Company, Room 301, 1 Unit, 18 Building, Houcheng Yi Qu, Jiangdong Street, Yiwu City, Zhejiang, China, 322000.

    South Korea

    (1) Korea Automation Industry (KAI),

    D-304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, Incheon, South Korea 406-840; and 4F Miejeong B/D, 405-216, MOK 1-Dong, Yangcheon-Ku, Seoul, South Korea; and Number 102-704, Daewoo 2nd, 925-7 Dongchundong, Yeonsu-Ku, Incheon, South Korea; and (2) Joseph Choi, aka Yo-so'p Ch'oe, D-304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, Incheon, South Korea 406-840; and 4F Miejeong B/D, 405-216, MOK 1-Dong, Yangcheon-Ku, Seoul, South Korea. Removals From the Entity List

    This rule implements a decision of the ERC to remove four persons, Shanghai Hengtong Optics Technology Limited, located in China; and Zener Electrical & Electronics, Zener Electronics Services, and Zener Navcom, located in the United Arab Emirates (UAE), from the Entity List on the basis of removal requests submitted by these listed persons. Based upon a review of the information provided in the removal requests in accordance with § 744.16 (Procedure for requesting removal or modification of an Entity List entity) and further review conducted by the ERC, the ERC determined that these four persons should be removed from the Entity List.

    For the first ERC approved removal, Shanghai Hengtong Optics Technology Limited was added to the Entity List on May 1, 2014 (79 FR 24563) pursuant to § 744.11(b)(2) and (b)(5) of the EAR. The ERC's decision to remove Shanghai Hengtong from the Entity List was based on information provided by the company in its appeal request pursuant to § 744.16, forthcoming information provided by Shanghai Hengtong in subsequent cooperative exchanges, and further reviews conducted by the ERC.

    For the three ERC approved removals for Zener Electronics Services, Zener Electrical & Electronics, and Zener Navcom, these persons were added to the Entity List on June 5, 2014 (79 FR 32441), pursuant to § 744.11(b)(1), (b)(2) and (b)(4) of the EAR. The ERC's decision to remove Zener Electronics Services, Zener Electrical & Electronics, and Zener Navcom from the Entity List was based on the information provided by the companies in their appeal request, forthcoming information by the companies in subsequent cooperative exchanges, and further reviews conducted by the ERC.

    The Zeneer related entity removals in this rule are limited to the three entities specified in this rule. This rule does not remove any of the other Zener related entities currently on the Entity List (Zener Marine, Zener One Net located in the UAE, and Zener Lebanon located in Lebanon), which were also added to the Entity List on June 5, 2014 (79 FR 32441) and are still subject to the Entity List-based license requirements.

    In accordance with § 744.16(c), the Deputy Assistant Secretary for Export Administration has sent written notification to these four persons, informing these persons of the ERC's decision to remove these persons from the Entity List.

    This final rule implements the decision to remove the following four persons located in China and the UAE from the Entity List:

    China

    (1) Shanghai Hengtong Optics Technology Limited, a.k.a., the following two aliases:

    —Shanghai Hengtong Group; and —Shanghai Hengtong Optic-Electric Co., Ltd. 12F Tower A, Fareast International Plaza, 319 Xianxia Road, Shanghai, China. United Arab Emirates

    (1) Zener Electrical & Electronics,

    P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Zener Electrical & Electronics Service Building, Liwa Street, Umm al Nar area, Abu Dhabi, U.A.E.;

    (2) Zener Electronics Services,

    Al Sharafi Building, Khalid bin Walid Rd, Dubai, U.A.E.; and P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.; and

    (3) Zener Navcom,

    P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.

    The removal of the four entities referenced above, which was approved by the ERC, eliminates the existing license requirements in Supplement No. 4 to part 744 for exports, reexports and transfers (in-country) to these entities. However, the removal of these four entities from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of an entity from the Entity List nor the removal of Entity List-based license requirements relieves persons of their obligations under General Prohibition 5 in § 736.2(b)(5) of the EAR which provides that, “you may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.” Additionally these removals do not relieve persons of their obligation to apply for export, reexport or in-country transfer licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, “BIS's `Know Your Customer' Guidance and Red Flags,” when persons are involved in transactions that are subject to the EAR.

    Savings Clause

    Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export or reexport, on July 28, 2015, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR).

    Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637.

    Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866.

    2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285.

    3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.

    4. For the ten persons added to the Entity List in this final rule, the provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to protect U.S. national security or foreign policy interests by preventing items from being exported, reexported, or transferred (in-country) to the persons being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, then entities being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, because these parties may receive notice of the U.S. Government's intention to place this entity on the Entity List if a proposed rule is published, doing so would create an incentive for these persons to either accelerate receiving items subject to the EAR to conduct activities that are contrary to the national security or foreign policy interests of the United States, or to take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing on the Entity List once a final rule was published. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.

    5. For the four removals from the Entity List in this final rule, pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), BIS finds good cause to waive requirements that this rule be subject to notice and the opportunity for public comment because it would be contrary to the public interest.

    In determining whether to grant removal requests from the Entity List, a committee of U.S. Government agencies (the End-User Review Committee (ERC)) evaluates information about and commitments made by listed persons requesting removal from the Entity List, the nature and terms of which are set forth in 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b). The information, commitments, and criteria for this extensive review were all established through the notice of proposed rulemaking and public comment process (72 FR 31005 (June 5, 2007) (proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). These four removals have been made within the established regulatory framework of the Entity List. If the rule were to be delayed to allow for public comment, U.S. exporters may face unnecessary economic losses as they turn away potential sales because the customer remained a listed person on the Entity List even after the ERC approved the removal pursuant to the rule published at 73 FR 49311 on August 21, 2008. By publishing without prior notice and comment, BIS allows the applicants to receive U.S. exports immediately since these four applicants already have received approval by the ERC pursuant to 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b).

    The removals from the Entity List granted by the ERC involve interagency deliberation and result from review of public and non-public sources, including sensitive law enforcement information and classified information, and the measurement of such information against the Entity List removal criteria. This information is extensively reviewed according to the criteria for evaluating removal requests from the Entity List, as set out in 15 CFR part 744, Supplement No. 5 and 15 CFR 744.16(b). For reasons of national security, BIS is not at liberty to provide to the public detailed information on which the ERC relied to make the decisions to remove these four entities. In addition, the information included in the removal request is information exchanged between the applicant and the ERC, which by law (section 12(c) of the Export Administration Act), BIS is restricted from sharing with the public. Moreover, removal requests from the Entity List contain confidential business information, which is necessary for the extensive review conducted by the U.S. Government in assessing such removal requests.

    Section 553(d) of the APA generally provides that rules may not take effect earlier than thirty (30) days after they are published in the Federal Register. BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(1) because this rule is a substantive rule which relieves a restriction. This rule's removal of four persons from the Entity List removes a requirement (the Entity-List-based license requirement and limitation on use of license exceptions) on these four persons being removed from the Entity List. The rule does not impose a requirement on any other person for these four removals from the Entity List.

    No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required under the APA or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. As a result, no final regulatory flexibility analysis is required and none has been prepared.

    List of Subject in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows:

    PART 744—[AMENDED] 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015).

    2. Supplement No. 4 to part 744 is amended: a. By adding under China, in alphabetical order, eight Chinese entities; b. By removing under China, one Chinese entity, “Shanghai Hengtong Optics Technology Limited, a.k.a., the following two aliases: —Shanghai Hengtong Group; and —Shanghai Hengtong Optic-Electric Co., Ltd., 12F Tower A, Fareast International Plaza, 319 Xianxia Road, Shanghai, China.”; c. By adding in alphabetical order the destination of South Korea under the Country Column, and two South Korean entities; and d. By removing under United Arab Emirates, three Emerati entities, “Zener Electrical & Electronics, P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Zener Electrical & Electronics Service Building, Liwa Street, Umm al Nar area, Abu Dhabi, U.A.E.”; “Zener Electronics Services, Al Sharafi Building, Khalid bin Walid Rd, Dubai, U.A.E.; and P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.”; and “Zener Navcom, P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.”.

    The additions read as follows:

    Supplement No. 4 to Part 744—Entity List Country Entity License requirement License review policy Federal Register citation *         *         *         *         *         *         * *         *         *         *         *         * CHINA, PEOPLE'S REPUBLIC OF Beijing FJR Optoelectronic Technology Company Ltd, a.k.a, the following three aliases: For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. —FJIR Optoelectronic Technology Company Ltd.; —Beijing Fu Jerry; and —Fu Jirui. No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg. 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; and Beijing Shunyi district airport into 25-4, Huiyuan, 25th floor, 100028, Beijing; and 25-4 Yuhua Rd, 25th Floor, Shunyi District, Beijing, China 101318. *         *         *         *         *         * Beijing Opto-Electronics Technology Company, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER AND DATE]; 7/28/2015. —BOET No. 4, Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015. *         *         *         *         *         * BOP Opto-Electronics Technology Company, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. —Beijing BOP Electro-Optics. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015. *         *         *         *         *         * China Electronic Technology Group Corporation No. 11 Research Institute, a.k.a, the following three aliases, including the named subordinate institutions: For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. —North China Research Institute of Electro-Optics (NCRIEO); —China North Research Institute of Electro-Optics; and —CETC 11th Research Institute (CETC 11th RI). Subordinate institution Beijing Laiyin Company Ltd, a.k.a., the following one alias, —Beijing North China Lai Yin Opto-Electronics Technology Company. Subordinate Institution: China Electronics Technology Corporation (CETC) Infrared Engineering and Technology Company, a.k.a., the following one alias: —CETC Infrared or CETC IR. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; and Electronic City of Zhong Guan Cun Technical Zone, Beijing, China, 100015. *         *         *         *         *         * China National Commercial New Tone Trading Company Ltd, Room 616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. *         *         *         *         *         * Fuyuan Huang, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. *         *         *         *         *         * Yin Zhao, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. Yiwu Tianying Optical Instrument Company, Room 301, 1 Unit, 18 Building, Houcheng Yi Qu, Jiangdong Street, Yiwu City, Zhejiang, China, 322000. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. *         *         *         *         *         *         * SOUTH KOREA Korea Automation Industry (KAI), D-304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, Incheon, South Korea 406-840; and 4F Miejeong B/D, 405-216, MOK 1-Dong, Yangcheon-Ku, Seoul, South Korea; and Number 102-704, Daewoo 2nd, 925-7 Dongchundong, Yeonsu-Ku, Incheon, South Korea. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. Joseph Choi, aka Yo-so'p Ch'oe, D-304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, Incheon, South Korea 406-840; and 4F Miejeong B/D, 405-216, MOK 1-Dong, Yangcheon-Ku, Seoul, South Korea. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. *         *         *         *         *         *         *
    Dated: July 22, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration.
    [FR Doc. 2015-18511 Filed 7-27-15; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2015-0571] Special Local Regulation; Annual Marine Events on the San Diego Bay, Within the San Diego Captain of the Port Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce a marine event special local regulation on the navigable waters of Mission Bay, San Diego, CA in support of the annual San Diego Bayfair from September 18, 2015 to September 20, 2015, from 7 a.m. to 6 p.m. This action is necessary to provide for the safety of the participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

    DATES:

    The special local regulations listed in 33 CFR 100.1101, Table 1, Item 12, will be enforced from 7 a.m. to 6 p.m. from September 18, 2015 to September 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the marine event special local regulation for the annual San Diego Bayfair in 33 CFR 100.1101, Table 1, Item 12 from September 18, 2015 to September 20, 2015, from 7 a.m. to 6 p.m.

    Under the provisions of 33 CFR 100.1101, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area of the Mission Bay unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This document is issued under authority 33 CFR 100.1101 and 5 U.S.C. 552(a). In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and local advertising by the event sponsor.

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

    Dated: July 14, 2015. J. S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego.
    [FR Doc. 2015-18458 Filed 7-27-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG-2014-0865] Special Local Regulations and Safety Zones; Recurring Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement.

    SUMMARY:

    The Coast Guard will enforce the events outlined in Tables 1 and 2 taking place throughout the Sector Northern New England Captain of the Port (COTP) Zone. This action is necessary to protect marine traffic and spectators from the hazards associated with powerboat races, regattas, boat parades, rowing and paddling boat races, swim events, and fireworks displays. During the enforcement period, no person or vessel may enter the special local regulation area or safety zone without permission of the COTP.

    DATES:

    The special local regulations and safety zones listed in 33 CFR 100.120 and 33 CFR 165.171 will be enforced during the dates and times as listed in the SUPPLEMENTARY INFORMATION section of this document. For events occurring before August 1, 2015, actual notice of the safety zone or special local regulation will be provided.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice, call or email Chief Chris Bains, U.S. Coast Guard, Sector Northern New England, Waterways Management Division, via telephone at 207-347-5003 or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the special local regulations and safety zones listed in 33 CFR 100.120 and 33 CFR 165.171. These regulations will be enforced for the duration of each event, on or about the dates indicated in TABLES 1 and 2.

    Table 1 [33 CFR 100.120] JUNE Charlie Begin Memorial Lobster Boat Races • Event Type: Power Boat Race.
  • • Sponsor: Boothbay Harbor Lobster Boat Committee.
  • • Date: June 20, 2015. • Time: 8:00 a.m. to 2:00 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of John's Island within the following points (NAD 83): 43°50′04″ N., 069°38′37″ W. 43°50′54″ N., 069°38′06″ W. 43°50′49″ N., 069°37′50″ W. 43°50′00″ N., 069°38′20″ W. Rockland Harbor Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Rockland Harbor Lobster Boat Race Committee. • Date: June 21, 2015. • Time: 10:00 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of the Rockland Breakwater Light within the following points (NAD 83): 44°05′59″ N., 069°04′53″ W. 44°06′43″ N., 069°05′25″ W. 44°06′50″ N., 069°05′05″ W. 44°06′05″ N., 069°04′34″ W. Windjammer Days Parade of Ships • Event Type: Tall Ship Parade. • Sponsor: Boothbay Region Chamber of Commerce. • Date: June 24, 2015. • Time: 1:00 p.m. to 3:00 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of Tumbler's Island within the following points (NAD 83): 43°51′02″ N., 069°37′33″ W. 43°50′47″ N., 069°37′31″ W. 43°50′23″ N., 069°37′57″ W. 43°50′01″ N., 069°37′45″ W. 43°50′01″ N., 069°38′31″ W. 43°50′25″ N., 069°38′25″ W. 43°50′49″ N., 069°37′45″ W. Bass Harbor Blessing of the Fleet Lobster Boat Race • Event Type: Power Boat Race.
  • • Sponsor: Tremont Congregational Church.
  • • Date: June 28, 2015. • Time: 10:30 a.m. to 1:30 p.m. • Location: The regulated area includes all waters of Bass Harbor, Maine in the vicinity of Lopaus Point within the following points (NAD 83): 44°13′28″ N., 068°21′59″ W. 44°13′20″ N., 068°21′40″ W. 44°14′05″ N., 068°20′55″ W. 44°14′12″ N., 068°21′14″ W. JULY Moosabec Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Moosabec Boat Race Committee. • Date: July 4, 2015. • Time: 10:00 a.m. to 12:30 p.m. • Location: The regulated area includes all waters of Jonesport, Maine within the following points (NAD 83): 44°31′21″ N., 067°36′44″ W. 44°31′36″ N., 067°36′47″ W. 44°31′44″ N., 067°35′36″ W. 44°31′29″ N., 067°35′33″ W. The Great Race • Event Type: Rowing and Paddling Boat Race. • Sponsor: Franklin County Chamber of Commerce. • Date: July 5, 2015. • Time: 9:30 a.m. to 2:00 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Saint Albans Bay within the following points (NAD 83): 44°47′18″ N., 073°10′27″ W. 44°47′10″ N., 073°08′51″ W. Searsport Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Searsport Lobster Boat Race Committee. • Date: July 11, 2015. • Time: 7:00 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Searsport Harbor, Maine within the following points (NAD 83): 44°26′50″ N., 068°55′20″ W. 44°27′04″ N., 068°55′26″ W. 44°27′12″ N., 068°54′35″ W. 44°26′59″ N., 068°54′29″ W. Mayor's Cup Regatta • Event Type: Sailboat Parade. • Sponsor: Plattsburgh Sunrise Rotary. • Date: July 11, 2015. • Time: 10:00 a.m. to 4:00 p.m. • Location: The regulated area includes all waters of Cumberland Bay on Lake Champlain in the vicinity of Plattsburgh, New York within the following points (NAD 83): 44°41′26″ N., 073°23′46″ W. 44°40′19″ N., 073°24′40″ W. 44°42′01″ N., 073°25′22″ W. Stonington Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Stonington Lobster Boat Race Committee. • Date: July 12, 2015. • Time: 9:30 a.m. to 3:30 p.m. • Location: The regulated area includes all waters of Stonington, Maine within the following points (NAD 83): 44°08′55″ N., 068°40′12″ W. 44°09′00″ N., 068°40′15″ W. 44°09′11″ N., 068°39′42″ W. 44°09′07″ N., 068°39′39″ W. The Challenge Race • Event Type: Rowing and Paddling Boat Race. • Sponsor: Lake Champlain Maritime Museum. • Date: July 12, 2015. • Time: 10:30 a.m. to 2:30 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Button Bay State Park within the following points (NAD 83): 44°12′25″ N., 073°22′32″ W. 44°12′00″ N., 073°21′42″ W. 44°12′19″ N., 073°21′25″ W. 44°13′16″ N., 073°21′36″ W. Yarmouth Clam Festival Paddle Race • Event Type: Rowing and Paddling Boat Race.
  • • Sponsor: Maine Island Trail Association.
  • • Date: July 18, 2015. • Time: 12:00 p.m. to 5:00 p.m. • Location: The regulated area includes all waters in the vicinity of the Royal River outlet and Lane's Island within the following points (NAD 83): 43°47′47″ N., 070°08′40″ W. 43°47′50″ N., 070°07′13″ W. 43°47′06″ N., 070°07′32″ W. 43°47′17″ N., 070°08′25″ W. Friendship Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Friendship Lobster Boat Race Committee. • Date: July 19, 2015. • Time: 8:00 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Friendship Harbor, Maine within the following points (NAD 83): 43°57′51″ N., 069°20′46″ W. 43°58′14″ N., 069°19′53″ W. 43°58′19″ N., 069°20′01″ W. 43°58′00″ N., 069°20′46″ W. Tall Ships Visiting Portsmouth • Event Type: Regatta and Boat Parade. • Sponsor: Portsmouth Maritime Commission, Inc. • Date: July 22, 2015. • Time: 5:30 p.m. to 6:30 p.m. • Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire in the vicinity of Castle Island within the following points (NAD 83): 43°03′11″ N., 070°42′26″ W. 43°03′18″ N., 070°41′51″ W. 43°04′42″ N., 070°42′11″ W. 43°04′28″ N., 070°44′12″ W. 43°05′36″ N., 070°45′56″ W. 43°05′29″ N., 070°46′09″ W. 43°04′19″ N., 070°44′16″ W. 43°04′22″ N., 070°42′33″ W. AUGUST Eggemoggin Reach Regatta • Event Type: Wooden Boat Parade. • Sponsor: Rockport Marine, Inc. and Brookline Boat Yard. • Date: August 1, 2015. • Time: 11:00 a.m. to 7:00 p.m. • Location: The regulated area includes all waters of Eggemoggin Reach and Jericho Bay in the vicinity of Naskeag Harbor, Maine within the following points (NAD 83): 44°15′16″ N., 068°36′26″ W. 44°12′41″ N., 068°29′26″ W. 44°07′38″ N., 068°31′30″ W. 44°12′54″ N., 068°33′46″ W. Lake Champlain Dragon Boat Festival • Event Type: Rowing and Paddling Boat Race.
  • • Sponsor: Dragonheart Vermont.
  • • Date: August 2, 2014. • Time: 7:00 a.m. to 6:00 p.m. • Location: The regulated area includes all waters of Burlington Bay within the following points (NAD 83): 44°28′49″ N., 073°13′22″ W. 44°28′41″ N., 073°13′36″ W. 44°28′28″ N., 073°13′31″ W. 44°28′38″ N., 073°13′18″ W. Winter Harbor Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Winter Harbor Chamber of Commerce. • Date: August 8, 2015. • Time: 9:00 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Winter Harbor, Maine within the following points (NAD 83): 44°22′06″ N., 068°05′13″ W. 44°23′06″ N., 068°05′08″ W. 44°23′04″ N., 068°04′37″ W. 44°22′05″ N., 068°04′44″ W. Merritt Brackett Lobster Boat Races • Event Type: Power Boat Race. • Sponsor: Town of Bristol, Maine. • Date: August 16, 2015. • Time: 9:30 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Pemaquid Harbor, Maine within the following points (NAD 83): 43°52′16″ N., 069°32′10″ W. 43°52′41″ N., 069°31′43″ W. 43°52′35″ N., 069°31′29″ W. 43°52′09″ N., 069°31′56″ W. Long Island Lobster Boat Race • Event Type: Power Boat Race. • Sponsor: Long Island Lobster Boat Race Committee. • Date: August 15, 2015. • Time (Approximate): 11:00 a.m. to 7:00 p.m. • Location: The regulated area includes all waters of Casco Bay, Maine in the vicinity of Great Ledge Cove and Dorseys Cove off the north west coast of Long Island, Maine within the following points (NAD 83): 43°41′59″ N., 070°08′59″ W. 43°42′04″ N., 070°09′10″ W. 43°41′41″ N., 070°09′38″ W. 43°41′36″ N., 070°09′30″ W.
    Table 2 [33 CFR 165.171] JUNE Rotary Waterfront Days Fireworks • Event Type: Fireworks Display. • Sponsor: Gardiner Rotary. • Date: June 20, 2015. • Time: 8:30 p.m. to 9:30 p.m. • Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position: 44°13′52″ N, 069°46′08″ W (NAD 83). Windjammer Days Fireworks • Event Type: Fireworks Display. • Sponsor: Boothbay Harbor Region Chamber of Commerce. • Date: June 24, 2015. • Time: 8:30 p.m. to 9:00 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83) JULY Burlington Independence Day Fireworks • Event Type: Fireworks Display.
  • • Sponsor: City of Burlington, Vermont.
  • • Date: July 3, 2015. • Time: 8:30 p.m. to 11:30 p.m. • Location: From a barge in the vicinity of Burlington Harbor, Burlington, Vermont in approximate position: 44°28′31″ N, 073°13′31″ W (NAD 83). Camden 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce. • Date: July 4, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate position:. 44°12′32″ N, 069°02′58″ W (NAD 83). Bar Harbor 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Commerce. • Date: July 4, 2015. • Time: 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position: 44°23′31″ N, 068°12′15″ W (NAD 83). Boothbay Harbor 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Town of Boothbay Harbor. • Date: July 4, 2015. • Time: 8:30 p.m. to 9:00 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83). Eastport 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: July 4, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in approximate position: 44°54′25″ N, 066°58′55″ W (NAD 83). Ellis Short Sand Park Trustee Fireworks • Event Type: Fireworks Display.
  • • Sponsor: William Burnham.
  • • Date: July 4, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of York Beach, Maine in approximate position: 43°10′27″ N, 070°36′26″ W (NAD 83). Jonesport 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Jonesport 4th of July Committee. • Date: July 4, 2015. • Time: 8:45 p.m. to 9:30 p.m. • Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position: 44°31′18″ N, 067°36′43″ W (NAD 83). Portland Harbor 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Department of Parks and Recreation, Portland, Maine. • Date: July 4, 2015. • Rain date: July 5, 2015. • Time: 8:30 p.m. to 11:30 p.m. • Location: In the vicinity of East End Beach, Portland, Maine in approximate position: 43°40′16″ N, 070°14′44″ W (NAD 83). Southwest Harbor 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Southwest Harbor-Tremont Chamber of Commerce. • Date: July 4, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: Southwest Harbor, Maine in approximate position: 44°16′25″ N, 068°19′21″ W (NAD 83). Lubec Bicentennial Fireworks • Event Type: Fireworks Display. • Sponsor: Town of Lubec, Maine. • Date: July 5, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Lubec Public Boat Launch in approximate position: 44°51′52″ N, 066°59′06″ W (NAD 83). Vinalhaven 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Vinalhaven 4th of July Committee. • Date: July 4, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of Grime′s Park, Vinalhaven, Maine in approximate position: 44°02′34″ N, 068°50′26″ W (NAD 83). Main Street Heritage Days 4th of July Fireworks • Event Type: Fireworks Display.
  • • Sponsor: Main Street Inc..
  • • Date: July 5, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position: 43°54′56″ N, 069°48′16″ W (NAD 83). Peaks to Portland Swim • Event Type: Swim Event. • Sponsor: Cumberland County YMCA. • Date: July 18, 2015. • Time: 8:30 a.m.to 12:00 p.m. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83): 43°39′20″ N, 070°11′58″ W 43°39′45″ N, 070°13′19″ W 43°40′11″ N, 070°14′13″ W 43°40′08″ N, 070°14′29″ W 43°40′00″ N, 070°14′23″ W 43°39′34″ N, 070°13′31″ W 43°39′13″ N, 070°11′59″ W Richmond Days Fireworks • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: July 25, 2015. • Time: 9:00 p.m. to 10:30 p.m. • Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position: 44°08′42″ N, 068°27′06″ W (NAD83). Tri for a Cure Swim Clinics and Triathlon • Event Type: Swim Event.
  • • Sponsor: Maine Cancer Foundation.
  • • Dates & Times: June 27, 2015 9:00 a.m. to 10:30 a.m. July 8, 2015 5:30 p.m. to 7:00 p.m. July 12, 2015 9:00 a.m. to 10:30 a.m. July 18, 2015 1:30 p.m. to 3:00 p.m. July 26, 2015 7:00 a.m. to 10:00 a.m. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83):. 43°39′01″ N, 070°13′32″ W 43°39′07″ N, 070°13′29″ W 43°39′06″ N, 070°13′41″ W 43°39′01″ N, 070°13′36″ W August Westerlund′s Landing Party Fireworks • Event Type: Fireworks Display.
  • • Sponsor: Portside Marina.
  • • Date: August 1, 2015. • Time (Approximate): 9:00 p.m. to 9:30 p.m. • Location: In the vicinity of Westerlund′s Landing in South Gardiner, Maine in approximate position: 44°10′19″ N, 069°45′24″ W (NAD 83). York Beach Fire Department Fireworks • Event Type: Fireworks Display.
  • • Sponsor: York Beach Fire Department.
  • • Date: August 2, 2015. • Time (Approximate): 8:00 p.m. to 11:30 p.m. • Location: In the vicinity of Short Sand Cove in York, Maine in approximate position: 43°10′27″ N, 070°36′25″ W (NAD 83). North Hero Air Show • Event Type: Air Show. • Sponsor: North Hero Fire Department. • Date: August 1, 2015. • Time (Approximate): 10:00 a.m.to 5:00 p.m. • Location: In the vicinity of Shore Acres Dock, North Hero, Vermont in approximate position: 44°48′24″ N, 073°17′02″ W 44°48′22″ N, 073°16′46″ W 44°47′53″ N, 073°16′54″ W 44°47′54″ N, 073°17′09″ W Windjammer Weekend Fireworks • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: August 28, 2015. • Time (Approximate): 9:00 p.m. to 10:30 p.m. • Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position: 44°12′10″ N, 069°03′11″ W (NAD 83) SEPTEMBER Eastport Pirate Festival Fireworks • Event Type: Fireworks Display. • Sponsor: Eastport Pirate Festival. • Date: September 5, 2015. • Time (Approximate): 9:00 p.m. to 10:30 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in approximate position:. 44°54′17″ N, 066°58′58″ W (NAD 83) Lake Champlain Swimming Race • Event Type: Swim Event. • Sponsor: Christopher Lizzaraque. • Date: September 13, 2015. • Time (Approximate): 10:30 a.m. to 3 p.m. • Location: Essex Beggs Point Park, Essex, New York, to Charlotte Beach, Charlotte, Vermont. 44°18′32″ N. 073°20′52″ W 44°20′03″ N. 073°16′53″ W

    For events where the date is different from the dates previously published for that event, new Temporary Rules will be issued to enforce limited access areas for the marine event. The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander (PATCOM). The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM.” Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP, Sector Northern New England. For information about regulations and restrictions for waterway use during the effective periods of these events, please refer to 33 CFR 100.120 and 33 CFR 165.171.

    This notice is issued under authority of 33 CFR 100.120, 33 CFR 165.171, 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 this enforcement period via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that the regulated area 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 regulated area.

    Dated: June 29, 2015. M. A. Baroody, Captain, U.S. Coast Guard, Captain of the Port Sector Northern New England.
    [FR Doc. 2015-18457 Filed 7-27-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 17, 51, 52, and 59 RIN 2900-AO90 Update to NFPA Standards, Incorporation by Reference AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) is amending its regulations incorporating by reference the National Fire Protection Association (NFPA) codes and standards. These codes and standards are referenced in VA regulations concerning community residential care facilities, contract facilities for certain outpatient and residential services, Medical Foster Homes, and State home facilities. To ensure the continued safety of veterans in these facilities, VA is continuing to rely upon NFPA codes and standards for VA approval of such facilities. This rulemaking updates our regulations to adhere to more recent NFPA codes and standards.

    DATES:

    This regulation is effective August 27, 2015. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 27, 2015.

    FOR FURTHER INFORMATION CONTACT:

    David Klein, Fire Protection Engineer, (10NA8), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7888. (This is not a toll-free number.)

    SUPPLEMENTARY INFORMATION:

    In a document published in the Federal Register on July 15, 2014, VA proposed to amend its regulations concerning the incorporation by reference of the National Fire Protection Association (NFPA) codes and standards applicable to community residential care facilities, contract facilities for outpatient and residential treatment services for veterans with alcohol or drug dependence or abuse disabilities, Medical Foster Homes, and State home facilities. 79 FR 41153. We stated in the proposed rule that VA's regulations that govern these facilities require that these facilities meet certain provisions of the codes and standards published by NFPA. These codes and standards are reviewed and updated by NFPA on a 3-year cycle. We also stated that 38 CFR 17.1 is the regulation where VA incorporates by reference the NFPA codes and standards cited in §§ 17.63, 17.74, 17.81, and 17.82. The NFPA codes and standards are also referenced in §§ 51.200, 52.200, and 59.130. VA relies on the NFPA codes and standards in order to provide consistency across the country. By adopting the most current editions of these codes and standards, VA works to ensure that veterans reside and receive care in facilities that are safe while ensuring that these facilities maintain high levels of safety by following one set of codes and standards for the design, renovation, and inspection for community facilities used or approved by VA.

    This rulemaking amends § 17.1 to reflect the current edition of NFPA 101, Life Safety Code, and the editions of the NFPA codes and standards that are cited in Chapter 2 of NFPA 101. This rulemaking also amends §§ 51.200, 52.200, and 59.130 to reflect the current editions of NFPA 101, Life Safety Code, and NFPA 99, Health Care Facilities Code. The NFPA codes and standards that have been updated since we published current § 17.1 are NFPA 101, Life Safety Code (2009 edition); NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2008 edition); NFPA 30, Flammable and Combustible Liquids Code (2008 edition); and NFPA 720, Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (2009 edition). The NFPA codes and standards updated from the editions referenced in current §§ 51.200 and 59.130 are NFPA 101 (2009 edition) and NFPA 99, Standard for Health Care Facilities (2005). NFPA codes and standards updated from the edition referenced in current § 52.200 is NFPA 101, Life Safety Code (2000 edition). This final rulemaking updates the references to these NFPA codes and standards in the cited VA regulations to reflect the most recent editions cited in NFPA 101, Life Safety Code (2012 edition). We are also updating cited references within VA regulations to be consistent with the current NFPA codes and standards. In some cases, reorganization of material in the NFPA codes and standards, without change in substance, has affected the citation within VA regulations, and we are making minor amendments to reflect these changes.

    We provided a 60-day comment period, which ended on September 15, 2014. We received one comment on the proposed rule. The commenter supported the proposed rule, but indicated that the 2015 Edition of NFPA 101 became available on September 11, 2014. The commenter suggested that in addition to the changes in the proposed rule, VA adopt the 2015 standards as well. We agree with the commenter, however, prior to adopting the new standards, VA will issue a proposed rulemaking and allow the public to comment on the NFPA 101 standards for 2015 before these changes can become final. VA will address the suggestion in a future rulemaking.

    This final rule is reorganizing § 17.1 by placing the NFPA standards in numerical order. These edits to § 17.1 are technical only. We are not making any edits to the content of § 17.1, other than those already stated in the proposed rulemaking. We are also amending §§ 51.200 and 59.130 by removing the incorporation by reference language from the individual paragraphs where the NFPA codes are referenced and adding a new paragraph that will incorporate by reference all of the NFPA codes currently referenced in each paragraph. The new paragraph in §§ 51.200 and 59.130 adds clarity to each section but does not alter the content. This merely is a technical change.

    In the proposed rulemaking, we stated that we would be adding a new paragraph (c) to § 17.1. This subparagraph was intended to permit fire and safety specialists to determine when upgrades to existing facilities are necessary on a case-by-case basis. The proposed paragraph was intended as an exception to the NFPA codes and standards for Medical Foster Homes. Upon further consideration, we are not going to adopt the new paragraph (c) in § 17.1 because this regulation merely establishes the incorporation by reference of NFPA standards and does not address the enforcement of such standards. The proposed paragraph (c) would have essentially acted as an exception to the NFPA standards, however, this exception is already present in the sections of the NFPA standards that are incorporated by reference in § 17.1. Specifically, the exception that was proposed in paragraph (c) is covered for community residential care facilities, contract facilities for certain outpatient and residential services, and State home facilities through NFPA 101 Chapter 2. The Medical Foster Homes, however, are unique in that they do not fall into any specific occupancy category within NFPA 101 and thus to ensure that the exception will also apply to Medical Foster Homes, we are incorporating the proposed language in § 17.1(c) into current § 17.74(a)(3), which specifically relates to Medical Foster Home owners. The provisions added to § 17.74(a)(3) excepts Medical Foster Home owners from the blanket requirement of having to modify existing fire protection systems to meet the updated installation standards and instead permits fire and safety specialists to determine when upgrades to existing facilities are necessary on a case-by-case basis. This exception will only apply to existing Medical Foster Homes. New homes to the program will be required to meet the updated editions of the fire protection system installation standards. We believe that the non-adoption of the proposed paragraph (c) of § 17.1 and the inclusion of the language in proposed § 17.1(c) in § 17.74(a)(3) is non-substantive and a logical outgrowth of the proposed rulemaking.

    We have revised § 51.200(a) by removing the exception for the application of NFPA 101 (2009 edition) for paragraph 19.3.5.1. This exception was added to delay the enforcement of paragraph 19.3.5.1 until August 13, 2013. Since this date has passed and State homes were on notice that the exception would expire on this date, we are making a technical change to remove the outdated language.

    Based on the rationale set forth in the SUPPLEMENTARY INFORMATION to the proposed rule and in this final rule, VA is adopting the proposed rule as a final rule with the changes stated in the SUPPLEMENTARY INFORMATION of this rulemaking.

    Approval of Incorporations by Reference

    This rulemaking updates the references to the NFPA codes and standards in the cited VA regulations. NFPA 101, Life Safety Code, is the primary source document that establishes the safety requirements for newly constructed and existing facilities. NFPA 101 is unique in that it provides a different set of requirements for the same type of facility based on whether the facility is to be newly constructed or already exists. The provisions of NFPA 25 and 720 used in VA's regulations are generally relied on to establish the requirements for the inspection, testing, and maintenance of already installed existing systems, and the majority of the changes in the updated editions are relatively minor with respect to inspection, testing, and maintenance. We believe that compliance with these minor revisions would not be difficult for the affected facilities. This rulemaking updates NFPA 25 to the 2011 edition and updates NFPA 720 to the 2012 edition. The 2012 edition of NFPA 99, Health Care Facilities Code, revises the fire safety standards to provide for safety standards that are based on the risk of a critical condition and remain relatively unchanged from the previous edition. The standard for NFPA 30, Flammable and Combustible Liquids Code, has not changed; however, the paragraph that contains the definition of safety can has changed in the 2012 edition. We are removing the citation to the specific paragraph and merely referencing the standard to avoid future minor reorganizational changes made by NFPA. The materials for which we are seeking incorporation by reference are available for inspection at the ANSI Incorporation by Reference (IBR) Portal, http://ibr.ansi.org. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-3555.)

    Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this final rulemaking, represents VA's implementation of its legal authority on this subject. Other than future amendments to this regulation or governing statutes, no contrary guidance or procedures are authorized. All existing or subsequent VA guidance must be read to conform with this rulemaking if possible or, if not possible, such guidance is superseded by this rulemaking.

    Paperwork Reduction Act

    This final 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 final rule will 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 final rule updates current fire safety standards and will not require more than a modest capital investment on the part of affected entities. The changes to § 17.1 will likely affect between 50 and 100 of the 1,293 community residential care facilities approved for referral of veterans under the regulations. Medical Foster Homes are small entities, providing between 1 and 3 resident beds to veterans in each Medical Foster Home. The changes to § 17.74 will likely affect fewer than 10 of the 561 Medical Foster Homes approved by VA for referral under the regulations. Any additional costs for compliance with the final rule incurred by either community residential care facilities or Medical Foster Homes will constitute an inconsequential amount of the operational costs of such facilities.

    Where modification is anticipated, such as adding heat detection to unused attic space, the impact is minimal because the costs to comply with the new requirements range from $100.00 to $500.00 dollars, which includes labor costs. In many cases, the adoption of the current NFPA codes and standards provides options that are less restrictive than the prior NFPA codes and standards. The changes to §§ 17.81 and 17.82 will affect only small entities; however, most, if not all, of these entities are already in compliance with the current NFPA codes and, therefore, should not be significantly impacted by this rule. The changes to parts 51, 52, and 59 will affect State homes. The State homes that will be subject to this rulemaking are State government entities under the control of State governments. All State homes are owned, operated and managed by State governments except for a small number operated by entities under contract with State governments. These contractors are not small entities. On this basis, the Secretary certifies that the adoption of this final rule will 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. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from the final regulatory flexibility analysis requirements of 5 U.S.C. 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,” which requires 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 final rule will 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 64.005, Grants to States for Construction of State Home Facilities; 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; 64.013, Veterans Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based Primary Care.

    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 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professions, Health records, Homeless, Incorporation by reference, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans.

    38 CFR Part 51

    Administrative practice and procedure, Claims, Day care, Dental health, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professions, Health records, Incorporation by reference, Mental health programs, Nursing homes, Reporting and recordkeeping requirements, Travel and transportation expenses, Veterans.

    38 CFR Part 52

    Administrative practice and procedure, Claims, Day care, Dental health, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professions, Health records, Incorporation by reference, Mental health programs, Nursing homes, Reporting and recordkeeping requirements, Travel and transportation expenses, Veterans.

    38 CFR Part 59

    Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professions, Health records, Homeless, Incorporation by reference, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Reporting and recordkeeping requirements, Travel and transportation expenses, 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 forth in the preamble, VA amends 38 CFR parts 17, 51, 52, and 59 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.

    2. Revise § 17.1 to read as follows:
    § 17.1 Incorporation by reference.

    (a) Certain materials are incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce an edition of a publication other than that specified in this section, VA will provide notice of the change in a rule in the Federal Register and the material will be made available to the public. All approved materials are available for inspection at the Department of Veterans Affairs, Office of Regulation Policy and Management (02REG), 810 Vermont Avenue NW., Room 1068, Washington, DC 20420, call 202-461-4902, or at the National Archives and Records Administration (NARA). For information on the availability of approved materials at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (b) National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-3555).

    (1) NFPA 10, Standard for Portable Fire Extinguishers (2010 edition), Incorporation by Reference (IBR) approved for §§ 17.63, 17.74, and 17.81.

    (2) NFPA 13, Standard for the Installation of Sprinkler Systems (2010 edition), IBR approved for § 17.74.

    (3) NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes (2010 edition), IBR approved for § 17.74.

    (4) NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies Up To and Including Four Stories in Height (2010 edition), IBR approved for § 17.74.

    (5) NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2011 edition), IBR approved for § 17.74.

    (6) NFPA 30, Flammable and Combustible Liquids Code (2012 edition), IBR approved for § 17.74.

    (7) NFPA 72, National Fire Alarm and Signaling Code (2010 edition), IBR approved for § 17.74.

    (8) NFPA 101, Life Safety Code (2012 edition), IBR approved for §§ 17.63, 17.74 (chapters 1 through 11, 24, and section 33.7), 17.81, and 17.82.

    (9) NFPA 101A, Guide on Alternative Approaches to Life Safety (2010 edition), IBR approved for § 17.63.

    (10) NFPA 720, Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (2012 edition), IBR approved for § 17.74.

    (Authority: 5 U.S.C. 552(a), 38 U.S.C. 501, 1721.)
    3. Amend § 17.74 as follows: a. By revising paragraph (a)(3). b. In paragraph (g)(1), by removing “sections 24.3.4.1 or 24.3.4.2 of NFPA 101 (incorporated by reference, see § 17.1); section 24.3.4.3 of NFPA 101” and adding in its place “sections 24.3.4.1.1 or 24.3.4.1.2 of NFPA 101 (incorporated by reference, see § 17.1); section 24.3.4.1.3 of NFPA 101”. c. In paragraph (o)(2), by removing “section 3.3.44 of”.

    The revision reads as follows:

    § 17.74 Standards applicable to medical foster homes.

    (a)* * *

    (3) Except as otherwise provided in this section, meet the applicable provisions of chapters 1 through 11 and 24, and section 33.7 of NFPA 101 (incorporated by reference, see § 17.1), and the other codes and chapters identified in this section, as applicable. Existing buildings or installations that do not comply with the installation provisions of the codes or standards referenced in paragraph (b)(1) through (5), (b)(8), and (b)(10) of § 17.1 shall be permitted to be continued in service, provided that the lack of conformity with these codes and standards does not present a serious hazard to the occupants.

    PART 51—PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES 4. The authority citation for part 51 continues to read as follows: Authority:

    38 U.S.C. 101, 501, 1710, 1720, 1741-1743; and as stated in specific sections.

    5. Amend § 51.200 by revising paragraphs (a) and (b) and adding paragraph (i) to read as follows:
    § 51.200 Physical environment.

    (a) Life safety from fire. The facility must meet the applicable provisions of NFPA 101, Life Safety Code and NFPA 99, Health Care Facilities Code.

    (b) Emergency power. (1) An emergency electrical power system must be provided to supply power adequate for illumination of all exit signs and lighting for the means of egress, fire alarm and medical gas alarms, emergency communication systems, and generator task illumination.

    (2) The system must be the appropriate type essential electrical system in accordance with the applicable provisions of NFPA 101, Life Safety Code and NFPA 99, Health Care Facilities Code.

    (3) When electrical life support devices are used, an emergency electrical power system must also be provided for devices in accordance with NFPA 99, Health Care Facilities Code.

    (4) The source of power must be an on-site emergency standby generator of sufficient size to serve the connected load or other approved sources in accordance with NFPA 101, Life Safety Code and NFPA 99, Health Care Facilities Code.

    (i)(1) Incorporation by reference of these materials was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials incorporated by reference are available for inspection at the Department of Veterans Affairs, Office of Regulation Policy and Management (02REG), 810 Vermont Avenue NW., Room 1068, Washington, DC 20420, call 202-461-4902, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (2) National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-3555).

    (i) NFPA 99, Health Care Facilities Code, Including all Gas & Vacuum System Requirements, (2012 Edition).

    (ii) NFPA 101, Life Safety Code (2012 edition).

    PART 52—PER DIEM FOR ADULT DAY HEALTH CARE OF VETERANS IN STATE HOMES 6. The authority citation for part 52 continues to read as follows: Authority:

    38 U.S.C. 101, 501, 1741-1743, unless otherwise noted.

    § 52.200 [Amended]
    7. Amend § 52.200(a) by removing “NFPA 101, Life Safety Code, 2000 edition” and add in its place “NFPA 101, Life Safety Code (2012 edition)”.
    PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES 8. The authority citation for part 59 continues to read as follows: Authority:

    38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137.

    9. Amend § 59.130 by revising paragraph (d)(1) and adding paragraph (i) to read as follows:
    § 59.130 General requirements for all State home facilities.

    (d)(1) State homes must meet the applicable provisions of NFPA 101, Life Safety Code, except that the NFPA requirement in paragraph 19.3.5.1 for all buildings containing nursing homes to have an automatic sprinkler system is not applicable until February 24, 2016 for “existing buildings” with nursing home facilities as of June 25, 2001 (paragraph 3.3.36.5 in the NFPA 101 defines an “[e]xisting [b]uilding” as “[a] building erected or officially authorized prior to the effective date of the adoption of this edition of the Code by the agency or jurisdiction”), and NFPA 99, Heath Care Facilities Code.

    (i)(1) Incorporation by reference of these materials was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials, incorporated by reference, are available for inspection at the Department of Veterans Affairs, Office of Regulation Policy and Management (02REG), 810 Vermont Avenue NW., Room 1068, Washington, DC 20420, call 202-461-4902, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (2) National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-3555.)

    (i) NFPA 99, Health Care Facilities Code, Including all Gas & Vacuum System Requirements, (2012 Edition).

    (ii) NFPA 101, Life Safety Code (2012 edition).

    [FR Doc. 2015-18332 Filed 7-27-15; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9, 22, 85, 86, 600, 1033, 1036, 1037, 1039, 1042, 1065, 1066, and 1068 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 512, 523, 534, 535, 537, and 583 [EPA-HQ-OAR-2014-0827; NHTSA-2014-0132; FRL-9931-48-OAR] RIN 2060-AS16; 2127-AL52 Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2; Notice of Public Hearings and Comment Period AGENCY:

    Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA), DOT.

    ACTION:

    Notice of public hearings; extension of comment period.

    SUMMARY:

    The Environmental Protection Agency (EPA) and the National Highway Transportation Safety Administration (NHTSA) are announcing public hearings to be held for the joint proposed rules “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2,” and also for NHTSA's Draft Environmental Impact Statement. The proposed rules were published in the Federal Register on July 13, 2015. The Draft Environmental Impact Statement was published on June 19, 2015, and is available on the NHTSA Web site mentioned below. Two hearings will be held on August 6 and August 18, 2015.

    DATES:

    NHTSA and EPA will jointly hold a public hearing on Thursday, August 6, 2015, beginning at 9:00 a.m. local time, and a second hearing on Tuesday, August 18, 2015, beginning at 9:00 a.m. local time. EPA and NHTSA will make every effort to accommodate all speakers that arrive and register. Each hearing will continue until everyone has had a chance to speak. If you would like to present oral testimony at one of these this public hearings, please contact the person identified under FOR FURTHER INFORMATION CONTACT by August 3, 2015, for the first hearing, or by August 11, 2015, for the second hearing.

    In order to provide commenters 30 days after the last public hearing, the comment period for the proposal is being extended through September 17, 2015.

    ADDRESSES:

    The August 6, 2015 hearing will be held at the Palmer House Hilton Hotel, 17 East Monroe Street, Chicago, Illinois. The location for the August 18, 2015 hearing in the Los Angeles-Long Beach, CA area will be announced in a subsequent Federal Register document. The hearings will be held at sites accessible to individuals with disabilities. Written comments on the proposed rule may also be submitted to EPA and NHTSA electronically, by mail, by facsimile, or through hand delivery/courier. Please refer to the notice of proposed rulemaking for the addresses and detailed instructions for submitting written comments.

    FOR FURTHER INFORMATION CONTACT:

    If you would like to present oral testimony at a public hearing, please contact JoNell Iffland at EPA by the date specified under DATES, at: Office of Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4454; fax number: (734) 214-4050; email address: [email protected] (preferred method for registering). Please provide the following information: Name, affiliation, address, email address, and telephone and fax numbers, and whether you require accommodations such as a sign language interpreter.

    Questions concerning the NHTSA proposed rule or Draft Environmental Impact Statement should be addressed to NHTSA: Ryan Hagen or Analiese Marchesseault, Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992. Questions concerning the EPA proposed rule should be addressed to EPA: Tad Wysor, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4332; fax number: (734) 214-4050; email address: [email protected] You may learn more about the jointly proposed rules by visiting NHTSA's or EPA's Web sites at http://www.nhtsa.gov/fuel-economy or http://www.epa.gov/otaq/climate/regs-heavy-duty.htm or by searching the rulemaking dockets (NHTSA-2014-0132; EPA-HQ-OAR-2014-0827) at www.regulations.gov.

    SUPPLEMENTARY INFORMATION:

    The purpose of the public hearings is to provide the public an opportunity to present oral comments regarding NHTSA and EPA's proposal for “Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2.” These hearings also offer an opportunity for the public to provide oral comments regarding NHTSA's Draft Environmental Impact Statement, accompanying the proposed NHTSA fuel efficiency standards. The proposed rules would establish a second round of standards for the agencies' comprehensive Heavy-Duty National Program, which would further reduce greenhouse gas emissions and increase fuel efficiency for on-road heavy-duty vehicles. These new standards would phase in over time, beginning in the 2018 model year and entering into full effect in model year 2027. NHTSA's proposed fuel consumption standards and EPA's proposed carbon dioxide (CO2) emission standards are tailored to each of four regulatory categories of heavy-duty vehicles: (1) Combination Tractors; (2) Trailers used in combination with those tractors; (3) Heavy-duty Pickup Trucks and Vans; and (4) Vocational Vehicles. The proposal also includes separate fuel efficiency and greenhouse gas standards for the engines that power combination tractors and vocational vehicles.

    The joint proposed rules for which EPA and NHTSA are holding the public hearings were published in the Federal Register on July 13, 2015 (80 FR 40138), and are also available at the Web sites listed above under FOR FURTHER INFORMATION CONTACT. NHTSA's Draft Environmental Impact Statement is available on the NHTSA Web site and in NHTSA's rulemaking docket, both referenced above. Once NHTSA and EPA learn how many people have registered to speak at each public hearing, we will allocate an appropriate amount of time to each participant, allowing time for necessary breaks. In addition, we will reserve a block of time for anyone else in the audience who wants to give testimony. For planning purposes, each speaker should anticipate speaking for approximately five minutes, although we may need to shorten that time if there is a large turnout. We request that you bring two copies of your statement or other material for the EPA and NHTSA panels.

    NHTSA and EPA will conduct the hearings informally, and technical rules of evidence will not apply. We will arrange for a written transcript of each hearing and keep the official record for the proposed rule open for 30 days after the last public hearing to allow speakers to submit supplementary information. Panel members may ask clarifying questions during the oral statements but will not respond to the statements at that time. You may make arrangements for copies of the transcripts directly with the court reporter. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearings. The comment period for the proposed rule will be extended such that the closing date is 30 days after the last public hearing. Therefore, written comments on the proposal must be post marked no later than September 17, 2015.

    Dated: July 22, 2015. Raymond R. Posten, Associate Administrator for Rulemaking, National Highway Traffic Safety Administration. Dated: July 22, 2015. Christopher Grundler, Director, Office of Transportation and Air Quality, Environmental Protection Agency.
    [FR Doc. 2015-18527 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0322; FRL-9931-13-Region 10] Approval and Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon Monoxide Limited Maintenance Plan AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to approve a carbon monoxide Limited Maintenance Plan (LMP) for Grants Pass, submitted by the State of Oregon on April 22, 2015 as a revision to its State Implementation Plan (SIP). In accordance with the requirements of the Clean Air Act (CAA), the EPA is approving this SIP revision because it demonstrates that Grants Pass will continue to meet the carbon monoxide National Ambient Air Quality Standards (NAAQS) for a second 10-year period beyond re-designation, through 2025.

    DATES:

    This rule is effective on September 28, 2015, without further notice, unless the EPA receives adverse comment by August 27, 2015. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R10-OAR-2015-0322, by any of the following methods:

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

    Email: [email protected].

    Mail: Lucy Edmondson, EPA Region 10, Office of Air, Waste and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.

    Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Lucy Edmondson, Office of Air, Waste and Toxics, AWT-150. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-2015-0322. Once submitted, comments cannot be edited or withdrawn. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://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 http://www.regulations.gov or email. The http://www.regulations.gov Web site is an “anonymous access” system, which means the 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 the EPA without going through http://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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the http://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, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

    FOR FURTHER INFORMATION CONTACT:

    Lucy Edmondson at (360) 753-9082, [email protected], or the above EPA, Region 10 address.

    SUPPLEMENTARY INFORMATION:

    Throughout this document wherever “we”, “us” or “our” is used, it is intended to refer to the EPA. Information is organized as follows:

    Table of Contents I. This Action II. Background III. Public and Stakeholder Involvement in Rulemaking Process IV. Evaluation of Oregon's Submittal V. Transportation and General Conformity VI. Final Action VII. Oregon Notice Provision VIII. Statutory and Executive Order Reviews I. This Action

    The EPA is taking direct final action to approve the carbon monoxide (CO) LMP for Grants Pass, Oregon. The Oregon Department of Environmental Quality (ODEQ) submitted this plan as a SIP revision, on April 22, 2015. This CO LMP is designed to keep Grants Pass in attainment with the CO standard for a second 10-year period beyond re-designation, through 2025.

    II. Background

    Under Section 107(d)(1)(c) of the CAA, each CO area designated nonattainment prior to enactment of the 1990 Amendments, such as Grants Pass, was designated nonattainment by operation of law upon enactment of the 1990 Amendments. Under section 186(a) of the CAA, each CO area designated nonattainment under section 107(d) was also classified by operation of law as either “moderate” or “serious” depending on the severity of the area's air quality problem. CO areas with design values between 9.1 and 16.4 parts per million (ppm), such as Grants Pass, were classified as moderate. These nonattainment designations and classifications were codified in 40 CFR part 81. (56 FR 56694) (November 6, 1991).

    In August 2000, the EPA approved the first maintenance plan designed to maintain compliance with the CO standard in Grants Pass, OR through the year 2015 (see 65 FR 52932, August 31, 2000). While the central business district represented the maintenance area, the EPA considered the Urban Growth Boundary (UGB) to be a more representative area of influence for carbon monoxide emissions, and the 1993 emission inventory was prepared for the UGB. In addition to approving ODEQ's maintenance plan for the area, the EPA also approved ODEQ's request to redesignate the Grants Pass area to attainment of the CO standard (see 65 FR 52932, August 31, 2000). On November 5, 1999, Oregon submitted a complete rule renumbering and relabeling package to EPA for approval in the SIP. On January 22, 2003, EPA approved the recodified version of Oregon's rules to remove and replace the outdated numbering system (68 FR 2891).

    Per CAA section 175A(b), Oregon's current SIP submittal provides a second 10-year CO maintenance plan for Grants Pass that will apply until 2025, and fulfill the final planning requirements under the CAA. In addition, the plan is consistent with the elements of a LMP as outlined in an EPA October 6, 1995 memorandum from Joseph Paisie, the Group Leader of the Integrated Policy and Strategies Group, titled, “Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas” (LMP Option). To qualify for the LMP Option, the CO design value for an area, based on the eight consecutive quarters (two years of data) used to demonstrate attainment, must be at or below 7.65 ppm (85 percent of the CO NAAQS). In addition, the control measures from the first CO maintenance plan must remain in place and unchanged. The primary control measure has been the emission standards for new motor vehicles under the Federal Motor Vehicle Control Program. Other control measures have been the New Source Review Program and several residential woodsmoke emission reduction efforts. The EPA has determined that the LMP Option for CO is also available to all states as part of the CAA 175A(b) update to the maintenance plans, regardless of the original nonattainment classification, or lack thereof. Thus, the EPA finds that Grants Pass qualifies for the LMP.

    III. Public and Stakeholder Involvement in Rulemaking Process

    Section 110(a)(2) of the CAA requires that each SIP revision offer a reasonable opportunity for notice and public hearing. This must occur prior to the revision being submitted by the State to the EPA. The State provided notice and an opportunity for public comment from December 16, 2014 until January 26, 2015, with no comments received. ODEQ also held a public hearing on January 22, 2015 in Grants Pass. This SIP revision was submitted by the Governor's designee and was received by the EPA on April 22, 2015. The EPA has evaluated ODEQ's submittal and determined that the State met the requirements for reasonable notice and public hearing under section 110(a)(2) of the CAA.

    IV. Evaluation of Oregon's Submittal

    The EPA has reviewed Oregon's SIP submittal for Grants Pass. The following is a summary of the requirements for a LMP and the EPA's evaluation of how each requirement has been met by the SIP submittal.

    A. Base Year Emissions Inventory

    The maintenance plan must contain an attainment year emissions inventory to identify a level of CO emissions in the area that is sufficient to attain the CO NAAQS. The April 22, 2015 SIP submittal contains a summary of the CO emissions inventory for Grants Pass for the base year 2005. This summary is based on the Grants Pass Inventory Preparation and Quality Assurance Plan for the Grants Pass Urban Growth Boundary Limited Carbon Monoxide Maintenance Plan, adopted March 2014.

    Historically, exceedances of the CO standard in Grants Pass have occurred during the winter months, when cooler temperatures contribute to incomplete combustion, and when CO emissions are trapped near the ground by atmospheric inversions. The UGB was used for the initial 1993 emissions inventory, since it was more representative of the area of influence for carbon monoxide emissions, and used again for the 2005 emission inventory in this LMP. Sources of carbon monoxide in Grants Pass include industry, motor vehicles, non-road mobile sources, (e.g., construction equipment, recreational vehicles, lawn and garden equipment, and area sources (e.g., outdoor burning, woodstoves, fireplaces, and wildfires). The CO season is defined as three consecutive months—December 1 through the end of February. As such, season day emissions in addition to annual emissions are included in the inventory. The unit of measure for annual emissions is in tons per year (tpy), while the unit of measure for season day emissions is in pounds per day (lb/day). In addition, the county-wide emissions inventory data is spatially allocated to the Grants Pass UGB, and to buffers around the UGB, depending on emissions category.

    Because violations of the CO NAAQS are most likely to occur on winter weekdays, the inventory prepared is for a “typical winter day”. The table below shows the estimated tons of CO emitted per winter day by source category for the 2005 base year.

    2005 Emissions Inventory, Main Source Category Subtotals Main source category CO emissions pounds per winter day Stationary Point Sources 1,202 Onroad Mobile Sources 58,120 Non-road Mobile Sources 6,289 Stationary Area Sources 22,244 Total 87,855 B. Demonstration of Maintenance

    The CO NAAQS is attained when the annual second highest 8-hour average CO concentration for an area does not exceed a concentration of 9.0 ppm. The last monitored violation of the CO NAAQS in Grants Pass occurred in 1990, and CO levels have been steadily in decline.

    For areas using the LMP Option, the maintenance plan demonstration requirement is considered to be satisfied when the second highest 8-hour CO concentration is at or below 7.65 ppm (85 percent of the CO NAAQS) for 8 consecutive quarters. The current 8-hour CO Design Value for Grants Pass is 4.0 ppm based on the two most recent years of data (2004-2005), which is significantly below the LMP Option requirement of 7.65 ppm. Therefore, the State has demonstrated that Grants Pass qualifies for the LMP Option.

    With the LMP Option, there is no requirement to project emissions of air quality over the upcoming maintenance period. The EPA believes that if the area begins the maintenance period at, or below, 85 percent of the level of the CO 8-hour NAAQS, the applicability of prevention of significant deterioration requirements, the control measures already in the SIP, and Federal control measures already in place will provide adequate assurance of maintenance over the 10-year maintenance period.

    C. Monitoring Network and Verification of Continued Attainment

    Monitored CO levels in the Grants Pass UGB steadily declined since monitoring began in the area in 1980. CO levels have declined significantly across the nation through motor vehicle emissions controls and fleet turnover to newer, cleaner vehicle models. As CO levels dropped and stayed low, Oregon requested to remove the Grants Pass CO monitor in 2006, and the EPA approved the request on October 19, 2006. ODEQ now uses an alternate method of verifying continued attainment with the CO standard.

    ODEQ calculates CO emissions every three years as part of the Statewide Emissions Inventory and submits the data to the EPA for inclusion in the National Emissions Inventory (NEI). ODEQ commits to review the NEI estimates to identify any increases over the 2005 emission levels and source categories, and report on them in the annual network plan for the applicable year. Since on-road motor vehicles are the predominant source of carbon monoxide in Grants Pass (about 70%), this source category will be the primary focus of this review. ODEQ will annually calculate CO emissions and evaluate any increase in CO emissions to confirm it is not due to a change in emission calculation methodology, an exceptional event, or other factor not representative of an actual emissions increase. Recognizing there could be a minor, insignificant emissions increase, for the purposes of triggering the Contingency Plan described below, an increase of five percent in either the total annual or season day emissions, or in the on-road mobile source category, represents a “significant” emission increase.

    D. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include contingency provisions necessary to ensure prompt correction of any violations of the standard that may occur. In its April 22, 2015 submittal, the State of Oregon included the following contingency measures for this LMP:

    1. If ODEQ's three-year periodic review of CO emissions shows a significant increase in emissions, as described in Section 8 of this plan, ODEQ will then reestablish ambient CO monitoring in Grants Pass.

    2. If the highest measured 8-hour CO concentration in a given year in Grants Pass exceeds the LMP eligibility level of 7.65 ppm (85 percent of the 8-hr standard), ODEQ will evaluate the cause of the CO increase. Within six months of the validated 7.65 ppm CO concentration, ODEQ will determine a schedule of selected strategies to either prevent or correct any violation of the 8-hour CO standard. The contingency strategies that will be considered include, but are not limited to:

    • Improvements to parking and traffic circulation • Aggressive signal retiming program • Funding for transit • Implementation of bicycle and pedestrian networks.

    ODEQ (and the advisory group if needed) may also conduct further evaluation, to determine if other strategies are necessary.

    3. If a violation of the CO standard occurs, in addition to step two above, ODEQ will replace the Best Available Control Technology (BACT) requirement for new and modified stationary sources with the Lowest Achievable Emission Rate (LAER) technology, and reinstate the requirement to offset any new CO emissions. Additional CO emission reduction measures will be considered, as needed.

    V. Transportation and General Conformity

    Federal transportation conformity rules (40 CFR parts 51 and 93) and general conformity rules (58 FR 63214, November 30, 1993) continue to apply under a LMP. However, as noted in the LMP Option memo, these requirements are greatly simplified. An area under a LMP can demonstrate conformity without submitting an emissions budget, and as a result, emissions do not need to be capped nor a regional emissions analysis (including modeling) conducted. Grants Pass is currently meeting the requirements of 40 CFR parts 51 and 93.

    In the June 24, 2015 adequacy finding for the Grants Pass CO LMP, the EPA determined that Grants Pass has met the criteria to be exempt from regional emissions analysis for CO. However, other transportation conformity requirements such as consultation, transportation control measures, and project level conformity requirements would continue to apply to the area. With approval of the LMP, the area continues to be exempt from performing a regional emissions analysis, but must meet project-level conformity analyses as well as the transportation conformity criteria mentioned above.

    VI. Final Action

    In accordance with the requirements of the CAA, the EPA is approving the CO LMP for Grants Pass, Oregon submitted by the State of Oregon on April 22, 2015 as a revision to the Oregon SIP. The State has adequately demonstrated that Grants Pass will maintain the CO NAAQS and meet the requirements of a LMP through the second 10-year maintenance period through 2025.

    The EPA is publishing this action without prior proposal because the EPA views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, the 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 28, 2015 without further notice unless the EPA receives adverse comments by August 27, 2015. If the EPA receives such comments, then the EPA will publish a timely withdrawal of the direct final rule 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. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 28, 2015 and no further action will be taken on the proposed rule.

    VII. Oregon Notice Provision

    Oregon Revised Statute 468.126, prohibits ODEQ from imposing a penalty for violation of an air, water or solid waste permit, unless the source has been provided five days advanced written notice of the violation, and has not come into compliance or submitted a compliance schedule within that five-day period. By its terms, the statute does not apply to Oregon's Title V program or to any program if application of the notice provision would disqualify the program from Federal delegation. Oregon has previously confirmed that, because application of the notice provision would preclude EPA approval of the Oregon SIP, no advance notice is required for violation of SIP requirements.

    VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the 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 this action does not involve technical standards; and

    • does not provide the 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 the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The 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 28, 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 the Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that the 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: July 8, 2015. Dennis J. McLerran, Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart MM—Oregon 2. Section 52.1970, paragraph (e), the table entitled “State of Oregon Air Quality Control Program” is amended by adding an entry after the existing entries under “Section 4” to read as follows:
    § 52.1970 Identification of plan.

    (e) * * *

    State of Oregon Air Quality Control Program SIP citation Title/subject State effective date EPA approval date Explanation *         *         *         *         *         *         * Section 4 *         *         *         *         *         *         * Grants Pass Second 10-Year Carbon Monoxide Limited Maintenance Plan 4/16/2015 7/28/2015, [Insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2015-18220 Filed 7-27-15; 8:45 am] BILLING CODE P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0260; FRL-9931-27-Region 4] Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for Gaston and Mecklenburg Counties AGENCY:

    Environmental Protection Agency.

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving the State of North Carolina's April 16, 2015, revision to its State Implementation Plan (SIP), submitted through the North Carolina Department of Environment and Natural Resources, Division of Air Quality (DAQ), in support of the State's request that EPA change the Federal Reid Vapor Pressure (RVP) requirements for Gaston and Mecklenburg Counties. This RVP-related SIP revision evaluates whether changing the Federal RVP requirements in these counties would interfere with the requirements of the Clean Air Act (CAA or Act). North Carolina's April 16, 2015, RVP-related SIP revision also updates the State's maintenance plan and the associated motor vehicle emissions budgets (MVEBs) related to its redesignation request for the North Carolina portion of the Charlotte-Rock Hill 2008 8-hour ozone nonattainment area (Charlotte Area) to reflect the requested change in the Federal RVP requirements. EPA has determined that North Carolina's April 16, 2015, RVP-related SIP revision is consistent with the applicable provisions of the CAA.

    DATES:

    This rule is effective July 28, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0260. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the Air Planning 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:

    Richard Wong of the Air Regulatory Management Section, in the 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. Mr. Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION: I. What is the background for this final action?

    On May 21, 2012, EPA designated and classified areas for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008, as unclassifiable/attainment or nonattainment for the new 8-hour ozone NAAQS. See 77 FR 30088. The Charlotte Area was designated as nonattainment for the 2008 8-hour ozone NAAQS with a design value of 0.079 ppm. On April 16, 2015, DAQ submitted a redesignation request and maintenance plan for the North Carolina portion of the Charlotte Area for EPA's approval. In that submittal, the State included a maintenance demonstration that estimates emissions using a 7.8 psi RVP requirement for Gaston and Mecklenburg Counties for the 2008 8-hour ozone redesignation request and maintenance plan. EPA proposed action on the aforementioned redesignation request and maintenance plan in a Federal Register document published on May 21, 2015. See 80 FR 29250. The final rule approving the State's redesignation request and maintenance plan was signed on July 17, 2015. The State, in conjunction with its request to redesignate the North Carolina portion of the Charlotte Area to attainment, is also requesting a change of the Federal RVP requirement from 7.8 psi to 9.0 psi.

    On April 16, 2015, to support its request for EPA to change the Federal RVP requirement for Gaston and Mecklenburg Counties, DAQ submitted a SIP revision that contains a noninterference demonstration that included modeling assuming 9.0 psi for RVP for Gaston and Mecklenburg Counties and that updates the maintenance plan submission and associated MVEBs for the North Carolina portion of the Charlotte Area. In a notice of proposed rulemaking (NPR) published on May 21, 2015, EPA proposed to approve the State's noninterference demonstration and the updates to its maintenance plan and the associated MVEBs related to the State's redesignation request for the North Carolina portion of the Charlotte Area, contingent upon EPA approval of North Carolina's redesignation request and maintenance plan for the North Carolina portion of the Charlotte Area. See 80 FR 29230. The details of North Carolina's submittal and the rationale for EPA's actions are explained in the NPR. EPA did not receive any comments on the proposed action.

    II. Final Action

    EPA is taking final action to approve the State of North Carolina's noninterference demonstration, submitted on April 16, 2015, in support of the State's request that EPA change the Federal RVP requirements for Gaston and Mecklenburg Counties from 7.8 psi to 9.0 psi. Specifically, EPA has determined that the change in the RVP requirements for Gaston and Mecklenburg Counties will not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA. North Carolina's April 16, 2015, SIP revision also updates its maintenance plan and the associated MVEBs related to the State's redesignation request for the North Carolina portion of the Charlotte Area to reflect emissions changes for the requested change to the Federal RVP requirements. EPA is approving those changes to update the maintenance plan and the MVEBs.

    EPA has determined that North Carolina's April 16, 2015, RVP-related SIP revision is consistent with the applicable provisions of the CAA for the reasons provided in the NPR. EPA is not taking action today to remove the Federal 7.8 psi RVP requirement for Gaston and Mecklenburg Counties. Any such action would occur in a separate and subsequent rulemaking.

    In accordance with 5 U.S.C. 553(d), EPA finds that there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary because this action approves a noninterference demonstration that will serve as the basis of a subsequent action to relieve the Area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction, and section 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule will serve as a basis for a subsequent action to relieve the Area from certain CAA requirements. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become effective on the date of publication of this action.

    III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submittal that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely 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, October 7, 1999);

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

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

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

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

    In addition, 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 28, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

    List of Subjects in 40 CFR Part 52

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

    Dated: July 17, 2015. Heather McTeer Toney, Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart II—North Carolina 2. In § 52.1770, the table in paragraph (e) is amended by adding a new entry “Supplement Maintenance Plan for the Charlotte Area, NC 2008 8-hour Ozone Maintenance Area and RVP Standard” at the end of the table to read as follows:
    § 52.1770 Identification of plan.

    (e) * * *

    EPA-Approved North Carolina Non-Regulatory Provisions Provision State
  • effective date
  • EPA
  • Approval date
  • Federal Register
  • citation
  • Explanation
    *         *         *         *         *         *         * Supplement Maintenance Plan for the Charlotte Area, NC 2008 8-hour Ozone Maintenance Area and RVP Standard 4/16/2015 7/28/2015 [insert Federal Register citation] Provides the non-interference demonstration for revising the Federal Low-Reid Vapor Pressure requirement for the Charlotte Area, NC.
    [FR Doc. 2015-18343 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0357; FRL-9931-33-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality Ordinance AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the State of Iowa. The purpose of these revisions is to update the Linn County Air Quality Ordinance, Chapter 10. These revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules.

    DATES:

    This direct final rule will be effective September 28, 2015, without further notice, unless EPA receives adverse comment by August 27, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2015-0357, by one of the following methods:

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

    2. Email: [email protected]

    3. Mail or Hand Delivery: Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219.

    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-2015-0357. 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 avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours of business are Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding legal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance.

    FOR FURTHER INFORMATION CONTACT:

    Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219, at 913-551-7039, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” or “our” refer to EPA. This section provides additional information by addressing the following:

    I. What is being addressed in this document? II. Have the requirements for approval of a SIP Revision been met? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is being addressed in this document?

    The State of Iowa has requested EPA approval of revisions to the local agency's rules and regulations, Linn County Air Quality Ordinance, Chapter 10, as a revision to the SIP. In order for the local program's “Air Quality Ordinance” to be incorporated into the Federally-enforceable SIP, on behalf of the local agency, the state must submit the formally adopted regulations and control strategies, which are consistent with the state and Federal requirements, to EPA for inclusion in the SIP. The regulation adoption process generally includes public notice, a public comment period and a public hearing, and formal adoption of the rule by the state authorized rulemaking body. In this case, that rulemaking body is the local agency. After the local agency formally adopts the rule, the local agency submits the rulemaking to the state, and then the state submits the rulemaking to EPA for consideration for formal action (inclusion of the rulemaking into the SIP). EPA must provide public notice and seek additional public comment regarding the proposed Federal action on the state's submission.

    EPA received the request from the state to adopt revisions to the local air agency rules into the SIP on May 4, 2015. The revisions were adopted by the local agency on January 28, 2015, and became effective on January 30, 2015. EPA is approving the requested revisions to the Iowa SIP relating to the following:

    • Chapter 10.1 “Purpose and Ambient Air Quality Standards”;

    • Chapter 10.2 “Definitions”;

    • Chapter 10.5 “Locally Required Permits”;

    • Chapter 10.6 “Permit Fees”;

    • Chapter 10.8 “Emissions from Fuel-Burning Equipment”;

    • Chapter 10.12 “Sulfur Compounds”;

    • Chapter 10.13 “Fugitive Dust,” and,

    • Chapter 10.17 “Testing and Sampling of New and Existing Equipment.”

    II. Have the requirements for approval of a SIP Revision been met?

    The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V.

    III. What action is EPA taking?

    We are taking direct final action to approve the amendments to the Linn County Air Quality Ordinance, Chapter 10. The local agency routinely revises its “Air Quality Ordinance” regulations to be consistent with the Federally-approved Iowa Administrative Code and are revised as follows:

    Chapter 10.1, “Purpose and Ambient Air Quality Standards” is revised to cite the cross reference to state-approved rules at (455B).

    Chapter 10.2, “Definitions” is revised to add “major modification,” “replacement unit,” and to revise the definitions of “regulated New Source Review (NSR) pollutant,” “significant,” and “untreated.” Punctuation and grammar corrections were made to the definitions of “Emissions Unit,” “Responsible Official,” and “Startup.”

    Chapter 10.5, “Locally Required Permits,” includes revisions to 10.5(9), “Exemptions from the Authorization to Install Permit and Permit to Operate Requirements.” For the purposes of this publication, the exemptions are abbreviated but can be found in their entirety in the Technical Support Document included in the rulemaking docket: f. The equipment in laboratories, n. Asbestos demolition and renovation projects, u. Incinerators and pyrolysis cleaning furnaces, dd. Production welding, and ee. Electric hand soldering, wave soldering and electric solder paste reflow ovens. The following exemptions have been added with this rulemaking: mm. Equipment related to research and development activities at a stationary source, and, nn. A non-road diesel fueled engine as defined in 40 CFR 1068.30 and as amended through October 8, 2008.

    Chapter 10.6, “Permit Fees,” is revised for administrative corrections to the fourth paragraph of item 2. “Annual Fee for Permit to Operate.”

    Chapter 10.8, “Emissions from Fuel-Burning Equipment,” “d” has been removed in its entirety as it refers to the State of Iowa Compliance Sampling Manual which is now obsolete.

    Chapter 10.12, “Sulfur Compounds,” item 2, “Other Processes Capable of Emitting Sulfur Dioxide” is revised to add a sentence that the paragraph shall not apply to devices which have been installed for air pollution abatement purposes where it is demonstrated by the owner of the source that the ambient air quality standards are not being exceeded.

    Chapter 10.13, “Fugitive Dust” item 1, “Attainment and Unclassified Areas,” is revised to add that a person shall take reasonable precautions to prevent particulate matter from becoming airborne in quantities sufficient to cause a nuisance as defined in Iowa Code section 657.1 when the person allows, causes or permits any materials to be handled, transported or stored or a building, its appurtenances or a construction haul road to be used, constructed, altered, repaired or demolished. This does not apply to farming operations or dust generated by ordinary travel on unpaved roads. The revision further states what ordinary travel includes, and the public highway authority shall be responsible for taking corrective action in cases where said authority has received complaints.

    Chapter 10.13, “Fugitive Dust” item 2, “Nonattainment Areas” is revised for administrative changes for clarification.

    Chapter 10.17, “Testing and Sampling of New and Existing Equipment,” is revised for administrative, grammar, and punctuation corrections for clarification as follows: Item 1, “Continuous Monitoring of Opacity from Coal-Fired Steam Generating Units,” item 5, “Maintenance of Records of Continuous Monitors,” item 6, “Reporting of Continuous Monitoring Information,” item 7, “Tests by Owner,” item 8, “Tests by Department,” item 9, “Methods and Procedures,” and item 10, “Exemptions from Continuous Monitoring Requirements.”

    Chapter 10.17, item 7, “Tests by Owner” is also revised to clarify when pretest meetings should be conducted and to clarify reporting requirements. Item 9, “Methods and Procedures,” is revised to cite the cross reference to state-approved rules as they apply to permit and compliance demonstration requirements.

    As previously mentioned, additional information on the details of the Linn County Air Quality Ordinance revisions can be found in the Technical Support Document in the docket for this action.

    We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the “Proposed Rules” section of this Federal Register, we are publishing a separate document that will serve as the proposed rule if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

    If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule.

    Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Iowa Regulations for Chapter 10 Linn County Air Quality Ordinance, described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

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

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

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

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

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

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

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

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

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

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

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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register.

    A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 28, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: July 17, 2015. Mark Hague, Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below:

    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 Q—Iowa 2. In § 52.820, the table in paragraph (c) is amended by revising the entry for “Chapter 10” under the heading “Linn County” to read as follows:
    § 52.820 Identification of plan.

    (c) * * *

    EPA-Approved Iowa Regulations Iowa citation Title State effective date EPA approval date Explanation Iowa Department of Natural Resources Environmental Protection Commission [567] *         *         *         *         *         *         * Linn County Chapter 10 Linn County Air Quality Ordinance, Chapter 10 1/30/15 7/28/15 and [Insert Federal Register citation] The following definitions are not SIP-approved in Chapter 10.2; Anaerobic lagoon, Biomass, Chemical processing plants (ethanol production facilities that produce ethanol by natural fermentation included in NAICS code 325193 or 312140 are not included in this definition); Federally Enforceable; Greenhouse gases; Maximum Achievable Control Technology (MACT); MACT floor. The following sections are not SIP approved: 10.4(1), Title V Permits; 10.5(9)“b” Locally Required Permits; Exemptions from the Authorization to Install Permit to Operate Requirements; 10.5(9) “ll”, Exemption for production painting, adhesive or coating units; 10.8(2)“b” Emissions From Fuel-Burning Equipment; Emission Limitation; 10.8(3) Emissions From Fuel-Burning Equipment; Exemptions for Residential Heaters Burning Solid Fuels; 10.8(4) Emissions from Fuel-Burning Equipment; Nuisance Conditions for Fuel Burning Equipment; 10.9(2), NSPS; 10.9(3), Emission Standards for HAPs; 10.9(4), Emission Standards for HAPs for Source Categories; 10.10(4) Variance from rules; 10.11, Emission of Objectionable Odors; 10.15, Variances, 10.17(13) Continuous Emissions Monitoring from Acid Rain Program, and 10.24, Penalty. *         *         *         *         *         *         *
    [FR Doc. 2015-18346 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2015-0275; FRL-9931-28-Region 4] Approval and Promulgation of Implementation Plans and Designation of Areas; North Carolina; Redesignation of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY:

    Environmental Protection Agency.

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking three separate final actions related to a state implementation plan (SIP) revision submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Department of Air Quality (NC DAQ), on April 16, 2015. These final actions are for the North Carolina portion of the bi-state Charlotte-Rock Hill, North Carolina-South Carolina 2008 8-hour ozone nonattainment area (hereinafter referred to as the “bi-state Charlotte Area” or “Area”). The bi-state Charlotte Area consists of Mecklenburg County in its entirety and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties, North Carolina; and a portion of York County, South Carolina. Regarding South Carolina's request to redesignate the South Carolina portion of the Area and its maintenance plan for the 2008 8-hour ozone NAAQS, EPA will address this in a separate action. In the three actions for the North Carolina bi-state Charlotte Area, EPA determines that the bi-state Charlotte Area is attaining the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS); approves and incorporates the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2014 and 2026 sub-area motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the North Carolina portion of this Area into the SIP; and redesignates the North Carolina portion of the bi-state Charlotte Area to attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the 2014 and 2026 sub-area MVEBs for the North Carolina portion of the bi-state Charlotte Area adequate for the purposes of transportation conformity.

    DATES:

    This rule will be effective August 27, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0275. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the Air Planning 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:

    Sean Lakeman of 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. Mr. Lakeman may be reached by phone at (404) 562-9043 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background for Final Actions

    On May 21, 2012, EPA designated areas as unclassifiable/attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008. See 77 FR 30088. The bi-state Charlotte Area was designated as nonattainment for the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment area. On April 16, 2015, NC DAQ requested that EPA redesignate the North Carolina portion of the Area to attainment for the 2008 8-hour ozone NAAQS and submitted a SIP revision containing the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2014 and 2026 MVEBs for NOX and VOC for the North Carolina portion of the bi-state Charlotte Area. In a notice of proposed rulemaking (NPR) published on May 21, 2015, EPA proposed to determine that the bi-state Charlotte Area is attaining the 2008 8-hour ozone NAAQS; to approve and incorporate into the North Carolina SIP the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2014 and 2026 MVEBs for NOX and VOC for the North Carolina potion of the bi-state Charlotte Area; and to redesignate the North Carolina portion of the Area to attainment for the 2008 8-hour ozone NAAQS. See 80 FR 29250. In that document, EPA also notified the public of the status of the Agency's adequacy determination for the subarea NOX and VOC MVEBs for the North Carolina portion of the bi-state Charlotte Area. The details of North Carolina's submittal and the rationale for EPA's actions are further explained in the NPR. See 80 FR 29250 (May 21, 2015).

    II. EPA's Responses to Comments

    EPA received two sets of comments on its May 21, 2015, proposed rulemaking actions. Specifically, EPA received adverse comments from the Sierra Club (“Commenter”) and comments supporting the proposed actions from one member of the general public.1 Full sets of these comments are provided in the docket for this final action. See Docket number EPA-R04-OAR-2015-0275. A summary of the adverse comments and EPA's responses are provided below.

    1 The supporting comments state that the 2012-2014 three-year average “support[s] attainment” and that the “[p]rojected NOX shows decreases in all categories over the next decade, so even if the predicted large projected decreases in on-road NOX are not met the area should still see an overall decrease in ozone levels.”

    Comment 1: The Commenter asserts that North Carolina experienced “abnormally cool weather” during the summers of 2013 and 2014 “that reduced the likelihood of ozone formation” and that the design values for the Area would have exceeded the 2008 8-hour ozone standard “but for the uncharacteristically cool summers in 2013 and 2014.” Therefore, the Commenter believes that EPA “should decline to issue the requested attainment determination for the Area.”

    Response 1: EPA disagrees with the Commenter's position that weather should impact EPA's determination that the area has attained the NAAQS pursuant to CAA section 107(d)(3)(E)(i). That factual determination is based solely on air quality monitoring data and on the Agency's evaluation of that data's compliance with 40 CFR part 50, appendix P. Therefore, weather conditions, including any alleged resulting changes in energy demand, are irrelevant in determining whether an area is factually attaining a NAAQS.

    Under EPA regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is determined by calculating the three-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations at an ozone monitor, also known as a monitor's design value. See 40 CFR part 50, appendix P. When the design value is less than or equal to 0.075 parts per million (ppm) at each monitor within the area, then the area is attaining the NAAQS. The data completeness requirement for evaluating monitoring data for NAAQS attainment is met at each monitor when the average percent of days with valid ambient monitoring data is greater than or equal to 90 percent and no single year has less than 75 percent data completeness as defined in appendix P of 40 CFR part 50. Monitoring data must also be collected and quality-assured in accordance with 40 CFR part 58 and recorded in the EPA's Air Quality System (AQS).

    EPA's analysis of monitoring data in the bi-state Charlotte Area supports its determination under section 107(d)(3)(E)(i) that the Area has attained the 2008 8-hour ozone NAAQS. The design values for each monitor in the Area for the years 2012-2014 are less than or equal to 0.075 ppm, and the data from these monitors during this time period meet the data quality and completeness requirements and are recorded in AQS. Therefore, the bi-state Charlotte Area has attained the 2008 8-hour ozone NAAQS in accordance with 40 CFR part 50, appendix P requirements.

    Comment 2: The Commenter believes that EPA should disapprove North Carolina's redesignation request because “neither EPA nor DAQ has demonstrated that the recording of a design value below 75 ppb [parts per billion] for the years 2012-2014 is `due to permanent and enforceable reductions' ” as required by CAA section 107(d)(3)(E)(iii). According to the Commenter, EPA and NC DAQ cannot make this demonstration because “but for the uncharacteristically cool summers in 2013 and 2014, a design value above 75 ppb would have been recorded.” The Commenter also contends that the “uncharacteristically cool summers in 2013 and 2014” resulted in “unusually low monthly total consumption of electric power” and “starkly lower capacity factors” from Duke Energy's GG Allen and Marshall power plants during those summers and notes that “operation of these plants significantly impacts total NOX emissions and, thus, overall ozone levels.” 2 Despite the alleged decrease in the capacity factors at these two EGUs, the Commenter states that “the plants still tend to run at a significantly higher capacity factor on peak ozone days.”

    2 The GG Allen plant is located in the portion of Gaston County that is included in the nonattainment area. The Marshall plant is located in Catawba County and is not located within the nonattainment area. During the nonattainment designation in 2012, sources in Catawba County were not found to contribute to violations of the 2008 8-hour ozone NAAQS in the bi-state Charlotte Area. See http://www.epa.gov/ozonedesignations/2008standards/documents/R4_Charlotte_TSD_Final.pdf.

    Response 2: Weather effects are not controllable, and weather is just one of the parameters that allow for ozone formation. EPA does not disagree with the Commenter that ozone season temperatures and precipitation are two readily available parameters that can be used to evaluate the potential weather impacts on ozone concentrations. Ozone is more readily formed on warm, sunny days when the air is stagnant. Conversely, ozone production is generally more limited when it is cloudy, cool, rainy, or windy.3 However, although EPA agrees that the Area experienced cooler and wetter weather during some of the relevant time period, EPA disagrees with the Commenter that the improvement in air quality in the bi-state Charlotte Area was solely the result of “aberrant weather.” EPA has examined the weather data presented by the Commenter, and has determined, after conducting its own analysis of the meteorological conditions and the emission reductions occurring during the relevant time period, that the improvement in air quality in the Area was due to those emissions reductions in accordance with CAA section 107(d)(3)(E)(iii).

    3http://www.epa.gov/airtrends/weather.html.

    As noted above, Federal regulations require EPA to use a three-year average to determine attainment of the 2008 8-hour ozone NAAQS. The averaging of values over three years serves to account for some variation in meteorology from year to year. While EPA agrees that 2013 was cooler than the long-term average temperature and may have been less conducive to the formation of ozone, the Agency also notes that the weather conditions in the 2012 ozone season (a season included in the three-year average forming the basis for the attainment determination) were warmer than the long-term average and were more conducive to ozone formation. See Table 1, below.4 Furthermore, temperatures in the summer of 2014 are close to the long-term average temperatures. Given the higher than long-term average 2012 temperatures and the near normal 5 temperatures in 2014, EPA does not agree with the Commenter's conclusion that meteorological conditions during the relevant time period were so unusual or abnormal such that those conditions alone “provide sufficient justification for EPA to reject DAQ's request for the redesignation of the Area from nonattainment to attainment.” To the contrary, the certified data show that the Area attained the 2008 8-hour ozone NAAQS from 2012 to 2014, a time period with varying meteorological conditions. Preliminary monitoring data from 2015 also indicates that the bi-state Charlotte Area continues to attain the 2008 8-hour ozone NAAQS.6

    4 EPA's use of the phrase “long-term average” refers to the 74-year averages identified in Table 1.

    5 EPA's analysis is based on weather data from the National Oceanic and Atmospheric Administration (see below). NOAA defines “normal” as the “long-term average value of a meteorological element for a certain area. For example, `temperatures are normal for this time of year[.]' Usually averaged over 30 years.” See http://www.erh.noaa.gov/er/box/glossary.htm.

    6 This preliminary data is available at EPA's air data Web site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily. The list of monitors in the bi-state Charlotte Area is available under the Designated Area field in Table 5 of the Ozone detailed information file at http://www.epa.gov/airtrends/values.html.

    Table 1 provides temperature and precipitation data for the bi-state Charlotte Area for the ozone seasons (May 1 -September 30) from 2010-2014 obtained from the National Oceanic and Atmospheric Administration's National Centers for Environmental Information (NOAA NCEI).7 Specifically, Table 1 provides overall average and average maximum ozone season temperatures and total ozone season precipitation; deviation from the 74-year average ozone season temperature and precipitation (termed the “anomaly”); and the rank of the given year on the 74-year (1940-2014) recorded history list. A rank of 74 is given to the hottest or wettest year.

    7 Ozone is monitored from April 1 through October 31 in the bi-state Charlotte Area.

    8 EPA obtained this weather data from the NOAA NCEI Web site at http://www.ncdc.noaa.gov/cag/.

    Table 1—Charlotte, North Carolina Temperature and Precipitation Ozone Season (May-September) Data 8 Year Average
  • May-September
  • temperature
  • [degrees F]
  • (anomaly from the long-term average [74.7 degrees F])
  • Rank [since 1940, scale of 1-74] Average maximum May-September temperature
  • [degrees F]
  • (anomaly from the long-term average [84.9 degrees F])
  • Rank [since 1940, scale of 1-74] Precipitation [inches]
  • (anomaly from the long-term average [18.17 inches])
  • Rank [since 1940, scale of 1-74]
    2010 78.0 (+3.3) 73 88.8 (+3.9) 73 17.67 (−0.5) 36 2011 76.2 (+1.5) 64 87.3 (+2.4) 67 22.1 (+3.93) 58 2012 75.3 (+0.6) 52 86.3 (+1.4) 54 18.87 (+0.7) 44 2013 73.9 (−0.8) 21 83.3 (−1.6) 12 22.63 (+4.46) 61 2014 74.5 (−0.2) 32 84.5 (−0.4) 32 19.01 (+0.84) 46

    The data in Table 1 show that both average temperature and precipitation varied significantly from 2010-2014. The rank and anomaly data in Table 1 show that average ozone season temperatures and precipitation were slightly above normal for the year 2012, temperatures were below normal and precipitation was above normal in 2013, and temperatures were near normal and precipitation slightly above normal in 2014. The year 2012 was one of the hottest in the recent past across the Southeast. In fact, a record-setting heat wave occurred in late June through early July 2012, which resulted in high ozone levels measured across the Southeast. Based upon the meteorology analysis, 2012 was hotter, 2013 was cooler, and 2014 was near normal when compared to the long-term average. Therefore, the 2012-2014 period does not appear to be abnormally conducive to low ozone formation and does not undermine EPA's analysis that the attainment in the bi-state Charlotte Area was due to permanent and enforceable reductions.

    EPA also evaluated preliminary ozone data and meteorology for May 2015, which is the beginning of the ozone season in the Area. The Commenter provided data to show that the average maximum temperature in May 2015 is higher than the average maximum May temperature over the previous ten years. EPA agrees that the average maximum temperature in May 2015 was above average; in fact, the average maximum temperature was 84 degrees Fahrenheit, which is 4.2 degrees above average and it ranks 67 out of 75 years of recorded data in the bi-state Charlotte Area. However, even with this abnormally warm month, the May 2015 preliminary ozone data indicates that no exceedances of the 75 ppb ozone standard occurred and that the highest 8-hour average was 72 ppb. This data also indicates that although meteorological conditions were conducive to ozone formation, emissions in the Area were low enough not to support the formation of ozone above a level that would exceed the 2008 8-hour ozone NAAQS. Additionally, preliminary ozone season data available through June 28, 2015, indicate that the 4th Highest Maximum Daily 8-hour Average value for the bi-state Charlotte area monitors from March 1, 2015 through June 28, 2015 is 72 ppb.9

    9 This preliminary data is available at EPA's air data Web site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily. The list of monitors in the bi-state Charlotte Area is available under the Designated Area field in Table 5 of the Ozone detailed information file at http://www.epa.gov/airtrends/values.html.

    The Commenter's focus on meteorological conditions is inconsistent with EPA's analysis of the permanent and enforceable emission reductions that did occur in the area during the relevant time period. Consistent with EPA's longstanding practice and policy, a comparison of nonattainment period emissions with attainment period emissions is a relevant in demonstrating permanent and enforceable emissions reductions. EPA evaluated the ozone precursor emissions data in the Area and found that there were significant reductions in these emissions in multiple source categories from 2011 (a nonattainment year) to 2014 (an attainment year). The emissions data show that from 2011 to 2014, non-road NOX and VOC emissions decreased, point source NOX emissions decreased, and on-road mobile NOX and VOC emissions have decreased substantially. During this time period, mobile source NOX emissions decreased by approximately 54.5 tons per summer day (tpsd) (equating to 79 percent of the total NOX emissions reductions) and mobile source VOC emissions decreased by approximately 26.5 tpsd (equating to 100 percent of the total VOC emissions reductions). It is not necessary for every change in emissions between the nonattainment year and the attainment year to be permanent and enforceable. Rather, the CAA requires that improvement in air quality necessary for the area to attain the relevant NAAQS must be reasonably attributable to permanent and enforceable emission reductions in emissions.

    Table 2—NOX Emissions for the Charlotte 2008 Ozone NAAQS Nonattainment Area [Tons per summer day] Year Point source Area source On-road Non-road Total 2011 47.17 6.68 112.13 28.75 194.73 2014 32.38 11.40 60.15 26.26 130.18 Table 3—VOC Emissions for the Charlotte 2008 Ozone NAAQS Nonattainment Area [Tons per summer day] Year Point source Area source On-road Non-road Total 2011 11.37 46.69 55.35 24.4 137.81 2014 12.03 47.88 34.32 18.89 113.12

    The emissions reductions identified in Tables 2 and 3, above, are attributable to numerous measures implemented during this period, including the permanent and enforceable mobile source measures discussed in the NPR such as the Tier 2 vehicle and fuel standards, the large non-road diesel engines rule,10 heavy-duty gasoline and diesel highway vehicle standards,11 medium and heavy duty vehicle fuel consumption and GHG standards,12 non-road spark-ignitions and recreational standards,13 and the national program for GHG emissions and fuel economy standards. These mobile source measures have resulted in, and continue to result in, large reductions in NOX emissions over time due to fleet turnover (i.e., the replacement of older vehicles that predate the standards with newer vehicles that meet the standards). For example, implementation of the Tier 2 standards began in 2004, and as newer, cleaner cars enter the national fleet, these standards continue to significantly reduce NOX emissions. EPA expects that these standards will reduce NOX emissions from vehicles by approximately 74 percent by 2030, translating to nearly 3 million tons annually by 2030.14 Implementation of the heavy-duty gasoline and diesel highway vehicle standards rule also began in 2004. EPA projects a 2.6 million ton reduction in NOX emissions by 2030 when the heavy-duty vehicle fleet is completely replaced with newer heavy-duty vehicles that comply with these emission standards.15

    10 EPA estimated that compliance with this rule will cut NOX emissions from non-road diesel engines by up to 90 percent nationwide.

    11 Implementation of this rule is expected to achieve a 95 percent reduction in NOX emissions from diesel trucks and buses.

    12 When fully implemented in 2018, this rule is expected to reduce NOX emissions from the covered vehicles by 20 percent.

    13 When fully implemented, the standards will result in an 80 percent reduction in NOX by 2020.

    14 EPA, Regulatory Announcement, EPA420-F-99-051 (December 1999), available at: http://www.epa.gov/tier2/documents/f99051.pdf.

    15 66 FR 5002, 5012 (January 18, 2001).

    The State calculated the on-road and non-road mobile source emissions contained in Tables 2 and 3 using EPA-approved models and procedures that account for the Federal mobile source measures identified above, fleet turnover, and increased population.16 17 Because the model does not include any additional mobile source measures, the large reductions in mobile source emissions quantified in the Area between 2011 and 2014 are the result of the permanent and enforceable mobile source measures listed above and discussed in the NPR.

    16 North Carolina used EPA's MOVES2014 model to calculate on-road emissions factors and EPA's NONROAD 2008a model to quantify off-road emissions.

    17 North Carolina used the interagency consultation process required by 40 CFR part 93 (known as the Transportation Conformity Rule) which requires EPA, the United States Department of Transportation, metropolitan planning organizations, state departments of transportation, and State and local air quality agencies to work together to develop applicable implementation plans. The on-road emissions were generated by an aggregate of the vehicle activity (generated from the travel demand model) on individual roadways multiplied by the appropriate emissions factor from MOVES2014. The assumptions which are included in the travel demand model, such as population, were reviewed through the interagency consultation process.

    Regarding the Commenter's discussion of capacity factors at the GG Allen and Marshall power plants and cooling degree days, the Commenter does not attempt to quantify how any decreases in these parameters translate to decreases in NOX emissions or ozone concentrations; therefore, it is unclear how the changes in capacity factors and cooling degree days support the Commenter's position that EPA cannot redesignate the bi-state Charlotte Area. The data in Table 2, above, demonstrates that the decreases in mobile source NOX emissions from 2011-2014 are much greater than the decreases in point-source NOX emissions.

    In addition, EPA does not believe that the cooling degree and capacity factor data supports the conclusions reached by the Commenter. The Commenter presents data showing cooling degree days for North Carolina for the past ten years and concludes that the cooler summers in 2013 and 2014 have resulted in a lower demand for air conditioning and thus a lower demand for electric power. EPA acknowledges that the number of cooling degree days in 2013 and 2014 and the total consumption of electricity in North Carolina were lower in 2013 and 2014 than during 2010, 2011, and 2012. However, the Commenter ignores the fact that the numbers of cooling degree days in 2010, 2011, and 2012 were significantly above average. In fact, the number of cooling degree days in 2010 ranks the highest in the 120 years of data available for North Carolina and 2011 ranks the third highest out of those 120 years. In contrast, the number of cooling degree days in 2013 and 2014 were close to the 120-year average—2013 is slightly below the average, but the 2014 cooling degree days are actually above the long-term 120-year average. Also, even within the ten years of data presented by the Commenter, the number of cooling degree days in 2014 is on par with the number of cooling degree days in 2006, 2008, and 2009. EPA therefore does not agree with the Commenter that the number of cooling degree days in 2013 and 2014 undermines the Agency's conclusion about the causes of the attainment air quality in the Area.

    EPA also disagrees with the Commenter's characterization of the capacity factor and electric power usage data presented in its comments. For example, the Commenter provides a figure showing total consumption of electric power in North Carolina for each ozone season for only the last five years (2010 through 2014) and concludes that the electric power consumption in 2013 and 2014 was “unusually low” using this limited time period as its reference point. However, as demonstrated by the meteorological analysis provided in Table 1 of this final action, 2010, 2011, and 2012 are warmer than long-term average years. Therefore, it is not appropriate to conclude that levels in 2013 and 2014 were “unusually low” without evaluating consumption data from a larger time period. EPA also notes that the Commenter's conclusion that ozone season capacity factors in 2012-2014 at the GG Allen and Marshall power plants are “starkly lower than preceding years” that “can be attributed, in part to the aberrantly mild summer weather and the resulting decrease in energy demand” ignores the fact that 2012 had warmer than average summer temperatures and still had capacity factors at those same units that were lower than or comparable to 2014. The Commenter's assertion is also based on the limited 2010-2014 time period that is not representative of long-term meteorological conditions. Therefore, the Commenter has not established a causal connection between differences in ozone season meteorological conditions and capacity factors for these EGUs.

    For the reasons discussed above, EPA does not agree with the Commenter that the meteorological data from the relevant time period undermines its analysis and conclusion that the improvement in air quality in the bi-State Charlotte Area is reasonably attributable to the permanent and enforceable emission reductions identified by the State and EPA.

    Comment 3: The Commenter states that “as EPA has acknowledged, global climate change likely will lead to significantly higher summer temperatures in the years to come and hotter summers, in turn, will lead to increased ozone formation.” The Commenter therefore believes that it is “irrational” for EPA to approve the redesignation request based on data from “two outlying uncharacteristically cool summers” that “Charlotte may not experience again.”

    Response 3: EPA agrees that climate change is a serious environmental issue; however, EPA does not agree that the redesignation and maintenance plan at issue are flawed because temperatures may increase in the future. Given the potential wide-ranging impacts of climate change on air quality planning, EPA is developing climate adaptation implementation plans to assess the key vulnerabilities to our programs (including how climate change might affect attainment of national ambient air quality standards) and to identify priority actions to minimize these vulnerabilities.

    With respect to climate impacts on future ozone levels, EPA's Office of Air and Radiation has identified as a priority action the need to adjust air quality modeling tools and guidance as necessary to account for climate-driven changes in meteorological conditions and meteorologically-dependent emissions. However, EPA has not yet made those changes. The broad range of potential future climate outcomes and variability of projected response to these outcomes limits EPA's ability, at this time, to translate a general expectation that average ozone levels will increase with rising temperatures to specific “actionable” SIP policies at any specific location, including the bi-state Charlotte Area. Thus, EPA believes that it is appropriate to rely upon the existing air quality modeling tools and guidance and applicable CAA provisions to ensure that ozone maintenance areas do not violate the NAAQS (as a result of climate change or any other cause).

    As noted above, EPA is currently unable to fully account for the potential impact of climate change on ozone concentrations in the Area. However, there is nothing in the record to suggest that the large emissions reductions of NOX and VOC projected for the Area over the next 10 years would be outpaced by the potential increase in ozone concentrations caused by climate change over the same time period.

    Comment 4: The Commenter contends that EPA should not approve the State's maintenance plan because “DAQ selected 2014 as the base year for the purpose of its maintenance demonstration, which year is not representative of air quality conditions given aberrant weather, and, thus, inappropriately skewed the analysis of future air quality toward an underestimation of future emissions.” According to the Commenter, EPA should “require DAQ to reevaluate the Area's ability to attain and maintain the ozone NAAQS using emissions data from a year (or years) in which summer weather conditions were more typical.”

    Response 4: As discussed in Response 2, EPA does not agree with the Commenter's assertion that the weather in summer 2014 was “unusually cool” when the conditions from that year are viewed in comparison to a larger data set, and therefore does not agree that NC DAQ selected an inappropriate base year for a maintenance demonstration. Furthermore, it is unclear how the Commenter concludes that EPA should disapprove the maintenance plan even if the Agency accepted the Commenter's assertion that the weather in 2014 was “aberrant.” The maintenance demonstration compares base year emissions to future year emissions. If total future year emissions are above total base year emissions, maintenance is not demonstrated. For some source categories, future year emissions are projected using base year emissions; however, for other source categories, future year emissions projections are independent of base year emissions. Projected emissions for source categories that rely on base year emissions will be proportional to base year emissions in the same degree regardless of the base year emissions used. It is therefore more likely that an area will fail to demonstrate maintenance using a comparison of total emissions if the baseline is artificially low. In addition, while emissions from some source categories may vary as a result of weather conditions, the overall NOX and VOC emissions released from year to year across source categories is generally not weather-dependent; therefore, weather does not play a determinative role in the base year to future year emissions comparison.

    Comment 5: The Commenter claims that EPA must disapprove the State's maintenance plan because “it fails to specify emissions reductions that are permanent and enforceable. The proposed plan identifies various state and Federal requirements that may apply to the major stationary sources of air pollution located in and in close proximity to the Charlotte Area, however, it fails to present any assurance that such requirements will result in any reduction in emissions.” In support, the Commenter references three requirements—North Carolina's Clean Smokestacks Act and EPA's Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule (CSAPR). As to these three measures, the Commenter states its belief that they are not permanent and enforceable because they are cap and trade programs that could allow for increased NOX emissions at Duke Energy's GG Allen and Marshall power plants. The Commenter further states that “DAQ should impose enforceable limits on NOX emissions from all EGUs [electricity generating units] that are based on available and demonstrated control technology.”

    Response 5: EPA disagrees with the Commenter. Consistent with EPA guidance, the State's maintenance plan identifies a number of permanent and enforceable requirements, including measures that regulate area, on-road, and off-road sources, and discusses the emissions reductions associated with each measure.18 See 80 FR 29250. In discussing the emissions reductions and status of these measures, the State has provided assurance that these requirements will result in emissions reductions.19

    18See, e.g., Memorandum from John Calcagni, Director, Air Quality Management Division, to Regional Air Directors entitled “Procedures for Processing Requests to Redesignate Areas to Attainment” (September 4, 1992).

    19 See Response 2, above, for further discussion of these permanent and enforceable emissions reductions.

    EPA also disagrees with the Commenter's belief that emission reductions associated with the CSA, CAIR, and CSAPR are not permanent and enforceable simply because the underlying program is an emissions trading program. Cap-and-trade programs provide economic incentives for early reductions in emissions and encourage sources to install controls earlier than required for compliance with future caps on emissions. The flexibility under a cap-and-trade system is not about whether to reduce emissions; rather, it is about how to reduce them at the lowest possible cost. Trading programs require total mass emission reductions by establishing mandatory caps on total emissions to permanently reduce the total mass emissions allowed by sources subject to the programs, validated through rigorous continuous emission monitoring and reporting regimens. The emission caps and associated controls are enforced through the associated SIP rules or federal implementation plans. Any purchase of allowances and increase in emissions by one source necessitates a corresponding sale of allowances and either reduction in emissions or use of banked allowances by another covered source.

    Given the regional nature of ozone, the corresponding NOX emission and/or allowance reduction in one affected area will have an air quality benefit that will compensate, at least in part, for the impact of any emission increase in another affected area. EPA disagrees with any suggestion that only specific emission limits on units can be considered “reductions.” In fact, the information that EPA has evaluated in order to conclude that the bi-State Charlotte Area has met the criteria for redesignation shows that power plant emissions in both the Area and the surrounding region have substantially decreased as a result of cap-and-trade programs, including CAIR. The facts contradict the theoretical concerns raised by the Commenter and show that the emission trading programs, combined with other controls, have improved air quality in the Area.

    Moreover, experience has demonstrated that cap and trade programs do successfully generate lasting emission reductions. For example, the NOX SIP Call and CAIR have successfully reduced transported emissions contributing to ozone nonattainment in areas across the country. Data collected from long-term national air quality monitoring networks demonstrate that these regional cap-and-trade programs have resulted in substantial achievements in air quality caused by emission reductions from power sector sources.20 In 2004, EPA designated 91 areas in the Eastern half of the United States as nonattainment for the 8-hour ozone standard adopted in 1997, using data from 2001-2003. Based on data gathered from 2009-2011, 90 of these original Eastern nonattainment areas show concentrations below the 1997 ozone standard.21

    20See, e.g., EPA, Progress Report 2011—Clean Air Interstate Rule, Acid Rain Program, and Former NOX Budget Trading Program—Environmental and Health Results Report (March 2013), available at: http://www.epa.gov/airmarkets/documents/progressreports/ARPCAIR11_environmental_health.pdf.

    21 Id. at 12.

    Many states have sought and continue to seek redesignation of their nonattainment areas relying in part on the reductions attributable to these cap-and-trade programs. See, e.g., 76 FR 59600, 59607 (September 27, 2011) (proposing to redesignate a portion of the Chicago area for the 1997 8-hour ozone NAAQS), finalized at 76 FR 76302 (December 7, 2011); and 74 FR 63995 (December 7, 2009) (redesignation of Great Smoky Mountain National Park for the 1997 8-hour ozone NAAQS). The Commenter's contention that EPA and North Carolina may not rely on the substantial emission reductions that have already occurred from these rules is based on a faulty and rigid interpretation of the CAA would impose a major obstacle for nonattainment areas across the country that have achieved attainment air quality because of the reductions required by the rules. This would unnecessarily undermine a reasonable, proven, and cost-effective approach to combating regional pollution problems.

    Of the Federally-enforceable rules relied upon by North Carolina in its redesignation request, the Commenter singles out cap-and-trade programs as insufficiently permanent and enforceable to meet the requirements for redesignation. However, as discussed above, a number of other permanent and enforceable measures have helped contribute to the Area's attainment of the 2008 8-hour ozone standard and ensure maintenance of that standard. There is inherent flexibility in nearly all of these measures, including Federal transportation control measures and SIP emission rate limits, also known as “command-and-control” regulations. For example, the rules do not and cannot account for when and where people drive their cars, nor do they dictate that consumers in a certain area invest in newer, lower-emitting cars. Similarly, emission rate limits limit the rate of emissions per unit of fuel consumed, or parts per million of emissions in the exhaust but do not regulate throughput or hours of operation of the regulated sources. It would be unworkable for EPA to disqualify a requirement as “permanent and enforceable” for the purposes of redesignation simply because the requirement did not require the exact same pollutant emission reduction every hour of every day of every year. North Carolina relied on a suite of requirements that, while inherently allowing for some flexibility, has collectively served to bring the Area into, and to maintain, attainment of the NAAQS.

    EPA's position that cap-and-trade programs are permanent and enforceable measures under section 107(d)(3)(E)(iii) was recently upheld by two Federal appellate courts. In the most recent decision, the United States Court of Appeals for the Sixth Circuit rejected Sierra Club's argument that EPA improperly relied on emissions reductions from cap-and-trade programs such as the NOX SIP Call, CAIR, and CSAPR in redesignating the Cincinnati-Hamilton nonattainment area for the 1997 PM2.5 NAAQS. Sierra Club v. EPA, 781 F.3d 299 (6th Cir. 2015). This decision is consistent with the opinion of the United States Court of Appeals for the Seventh Circuit in Sierra Club v. EPA, 774 F.3d 383 (7th Cir. 2014) that EPA could rely on the NOX SIP Call cap-and-trade program as a permanent and enforceable measure in redesignating the Milwaukee-Racine, Greater Chicago, and St. Louis (Illinois portion) nonattainment areas to attainment for the 1997 8-hour ozone NAAQS.

    EPA also notes that North Carolina's maintenance plan provides for verification of continued attainment by performing future reviews of triennial emissions inventories and also for contingency measures to ensure that the NAAQS is maintained into the future if monitored increases in ambient ozone concentrations occur. See 80 FR 29250. For this and the above reasons, EPA disagrees with the Commenter's position that the State failed to identify permanent and enforceable emissions reductions in its maintenance plan.

    Regarding the need for additional controls at the GG Allen and Marshall power plants, EPA has concluded that the Area has attained, and will maintain, the 2008 8-hour ozone NAAQS with the permanent and enforceable measures identified in the State's submission and in EPA's NPR. EPA also notes that the Marshall Steam Plant is not located within the bi-state Charlotte Area nonattainment boundary, and is therefore not included in the emissions comparison portion of the maintenance demonstration. Furthermore, continued nonattainment status for this Area would not require any further emissions controls for either power plant under their current configurations.

    Comment 6: The Commenter believes that redesignating the bi-state Charlotte Area would “eliminate needed additional air quality planning requirements and jeopardize public health by delaying permanent attainment for the area.” According to the Commenter, the Area “consistently records higher asthma rates than the entire state. Moreover, the impacts of ozone pollution have significant environmental justice implications as African Americans carry a disproportionate asthma burden compared with whites in North Carolina.” The Commenter therefore concludes that EPA should not redesignate the Area and that “[b]efore making a final decision on whether or not to approve DAQ's redesignation request, EPA must evaluate the environmental justice implications of such action and, if it still determines that redesignation is justified, must allow for additional public comment on any proposed action.”

    Response 6: As noted in EPA's May 21, 2015 NPR, Executive Order 12898 establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. These final actions do not relax control measures on existing sources and therefore will not cause emissions increases from those sources. Thus, these actions will not have an adverse human health or environmental effect on any individuals, including minority or low-income populations. As discussed above and in EPA's May 21, 2015 NPR, the Area has attained the 2008 8-hour NAAQS through permanent and enforceable measures, emissions in the Area are projected to decline following the redesignation, and the maintenance plan demonstrates that the Area will continue to meet the NAAQS for the next ten years and includes contingency measures to quickly address any NAAQS violations. While the Commenter has expressed a general concern that this action will “eliminate needed additional air quality planning requirements and jeopardize public health by delaying permanent attainment,” the Commenter has not identified any specific requirements of concern or any specific information on the potential emissions impact that would arise if those requirements were not in place. Such future emission impacts are speculative, and to the extent that emissions in fact increase in the future to levels that would impact NAAQS maintenance—which EPA does not think will happen—the Agency could take future action to address actual emissions in the Area.

    III. What are the effects of these actions?

    Approval of North Carolina's redesignation request changes the legal designation of Mecklenburg County in its entirety and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in the North Carolina portion of the bi-state Charlotte Area, found at 40 CFR 81.334, from nonattainment to attainment for the 2008 8-hour ozone NAAQS. Approval of North Carolina's associated SIP revision also incorporates a plan for maintaining the 2008 8-hour ozone NAAQS in the bi-state Charlotte Area through 2026. The maintenance plan establishes NOX and VOC MVEBs for 2014 and 2026 for the North Carolina portion of the bi-state Charlotte Area and includes contingency measures to remedy any future violations of the 2008 8-hour ozone NAAQS and procedures for evaluation of potential violations. The sub-area MVEBs for the North Carolina portion of the bi-state Charlotte Area along with the allocations from the safety margin are provided in the tables below.22

    22 North Carolina has chosen to allocate a portion of the available safety margin to the NOX and VOC MVEBs for 2026. NC DAQ has allocated 2.93 tpd (2650 kg/day) to the 2026 NOX MVEB and 2.83 tpd (2,569 kg/day) to the 2026 VOC MVEB. After allocation of the available safety margin, the remaining safety margin was calculated as 59.72 tpd for NOX and 10.15 tpd for VOC.

    Table 4—Cabarrus Rowan Metropolitan Planning Organization Sub-Area MVEBs [kg/day] 2014 NOX VOC 2026 NOX VOC Base Emissions 11,814 7,173 3,124 3,135 Safety Margin Allocated to MVEB 625 627 Conformity MVEB 11,814 7,173 3,749 3,762 Table 5—Gaston-Cleveland-Lincoln Metropolitan Planning Organization Sub-Area MVEBs [kg/day] 2014 NOX VOC 2026 NOX VOC Base Emissions 10,079 5,916 2,482 2,278 Safety Margin Allocated to MVEB 510 470 Conformity MVEB 10,079 5,916 2,992 2,748 Table 6—Charlotte Regional Transportation Planning Organization—Rocky River Rural Planning Organization Sub-Area MVEBs [kg/day] 2014 NOX VOC 2026 NOX VOC Base Emissions 32,679 18,038 8,426 8,189 Safety Margin Allocated to MVEB 1,515 1,472 Conformity MVEB 32,679 18,038 9,941 9,661 IV. Final Actions

    EPA is taking three separate final actions regarding the bi-state Charlotte Area's redesignation to attainment and maintenance of the 2008 8-hour ozone NAAQS. First, EPA is determining that the bi-state Charlotte Area is attaining the 2008 8-hour ozone NAAQS based on complete, quality-assured and certified monitoring data for the 2012-2014 monitoring period.

    Second, EPA is approving and incorporating the maintenance plan for the bi-state Charlotte Area, including the sub-area NOX and VOC MVEBs for 2014 and 2026, into the North Carolina SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS, and the sub-area budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5).

    Third, EPA is determining that North Carolina has met the criteria under CAA section 107(d)(3)(E) for the North Carolina portion of the bi-state Charlotte Area for redesignation from nonattainment to attainment for the 2008 8-hour ozone NAAQS. On this basis, EPA is approving North Carolina's redesignation request for the 2008 8-hour ozone NAAQS for the North Carolina portion of the bi-state Charlotte Area. As mentioned above, approval of the redesignation request changes the official designation of Mecklenburg County in its entirety and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in the North Carolina portion of the bi-state Charlotte Area for the 2008 8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR part 81.

    EPA is also notifying the public that EPA finds the newly-established sub-area NOX and VOC MVEBs for the bi-state Charlotte Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new sub-area NOX and VOC MVEBs pursuant to 40 CFR 93.104(e).

    V. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the accompanying approval of the maintenance plan under CAA section 107(d)(3)(E) are actions that affect the status of geographical area and do not impose any additional regulatory requirements on sources beyond those required by state law. A redesignation to attainment does not in and of itself impose any new requirements, but rather results in the application of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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, these actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state or Federal law. For these reasons, these actions:

    • Are not a significant regulatory actions 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);

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

    • Are 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.);

    • Do 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);

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

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

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

    • Are 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

    • Will not have disproportionate human health or environmental effects 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 28, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

    List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

    40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: July 17, 2015. Heather McTeer Toney, Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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 II—North Carolina 2. In § 52.1770, the table in paragraph (e) is amended by adding a new entry “2008 8-hour ozone Maintenance Plan for the North Carolina portion of the bi-state Charlotte Area” at the end of the table to read as follows:
    § 52.1770 Identification of plan.

    (e) * * *

    EPA-Approved North Carolina Non-Regulatory Provisions Provision State effective date EPA approval date Federal Register citation Explanation *         *         *         *         *         *         * 2008 8-hour ozone Maintenance Plan for the North Carolina portion of the bi-state Charlotte Area 4/16/2015 7/28/2015 [insert Federal Register citation]
    PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 3. The authority citation for part 81 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    4. In § 81.334, the table entitled “North Carolina—2008 8-Hour Ozone NAAQS (Primary and secondary)” is amended by revising the entries for “Charlotte-Rock Hill, NC-SC,” “Cabarrus County (part),” “Gaston County (part),” “Iredell County (part),” “Lincoln County (part),” “Mecklenburg County,” “Rowan County (part),” and “Union County (part)” to read as follows:
    § 81.334 North Carolina. North Carolina—2008 8-Hour Ozone NAAQS [Primary and secondary] Designated area Designation Date 1 Type Classification Date 1 Type Charlotte-Rock Hill, NC-SC 2 This action is effective 7/28/2015 Attainment Cabarrus County (part) Central Cabarrus Township, Concord Township, Georgeville Township, Harrisburg Township, Kannapolis Township, Midland Township, Mount Pleasant Township, New Gilead Township, Odell Township, Poplar Tent Township, Rimertown Township Gaston County (part) Crowders Mountain Township, Dallas Township, Gastonia Township, Riverbend Township, South Point Township Iredell County (part) Davidson Township, Coddle Creek Township Lincoln County (part) Catawba Springs Township, Ironton Township, Lincolnton Township Mecklenburg County Rowan County (part) Atwell Township, China Grove Township, Franklin Township, Gold Hill Township, Litaker Township, Locke Township, Providence Township, Salisbury Township, Steele Township, Unity Township Union County (part) Goose Creek Township, Marshville Township, Monroe Township, Sandy Ridge Township, Vance Township *         *         *         *         *         *         * 1 This date is July 20, 2012, unless otherwise noted. 2 Excludes Indian country located in each area, unless otherwise noted.
    [FR Doc. 2015-18345 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9931-40-OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance Year AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule; notice of data availability (NODA).

    SUMMARY:

    The Environmental Protection Agency (EPA) is providing notice of emission allowance allocations to certain units under the new unit set-aside (NUSA) provisions of the Cross-State Air Pollution Rule (CSAPR) federal implementation plans (FIPs) and is responding to objections to preliminary calculations. EPA has completed final calculations for the first round of NUSA allowance allocations for the 2015 compliance year and has posted spreadsheets containing the calculations on EPA's Web site. The final allocations are unchanged from the preliminary calculations. EPA will record the allocated allowances in sources' Allowance Management System (AMS) accounts by August 1, 2015.

    DATES:

    July 28, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Questions concerning this action should be addressed to Robert Miller at (202) 343-9077 or [email protected] or to Kenon Smith at (202) 343-9164 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the CSAPR FIPs, a portion of each state budget for each of the four CSAPR emissions trading programs is reserved as a NUSA from which allowances are allocated to eligible units through an annual one- or two-round process. In a NODA published in the Federal Register on June 1, 2015 (80 FR 30988), EPA described the allocation process and provided notice of preliminary calculations for the first-round 2015 NUSA allowance allocations. EPA also described the process for submitting any objections to the preliminary calculations.

    In response to the June 1 NODA, EPA received three timely written objections, two late written objections, and several telephone inquiries. The objections and inquiries all concerned the question of whether EPA is correct to exclude emissions that occurred before a unit's monitor certification deadline from the emissions data used to calculate the NUSA allowance allocations. As explained below, under the regulations such emissions are properly excluded because they are not emissions during a “control period.”

    Under the CSAPR FIPs, an eligible unit's first-round NUSA allowance allocation for a given compliance year is generally based on the unit's emissions “during the immediately preceding control period” (that is, the control period in the year before the compliance year).1 An eligible unit's second-round NUSA allowance allocation for a given compliance year is generally based on the positive difference, if any, between the unit's emissions “during such control period” (that is, the control period in the compliance year) and the unit's first-round NUSA allocation for the compliance year.2 A “control period” is defined as either a calendar year or a May-September period—for the SO2 and NOX annual programs and for the NOX ozone season program, respectively—subject in both cases to an exclusion, for any given unit, of periods before the unit's monitor certification deadline, thereby ensuring that the unit's “control periods” generally represent the periods for which the unit must hold CSAPR allowances equal to its emissions.3 The emissions data used in calculating NUSA allowance allocations under the CSAPR FIPs thus properly exclude any emissions occurring before a unit's monitor certification deadline because such emissions are not emissions “during the immediately preceding control period” or “during such control period.” 4

    1 40 CFR 97.412(a)(4)(i), 97.512(a)(4)(i), 97.612(a)(4)(i), and 97.712(a)(4)(i). First-round NUSA allocations may be affected by first-round NUSA over-subscription and rounding.

    2 40 CFR 97.412(a)(9)(i), 97.512(a)(9)(i), 97.612(a)(9)(i), and 97.712(a)(9)(i). Second-round NUSA allocations occur only if all NUSA allowances were not allocated in the first round and may be affected by second-round NUSA over-subscription and rounding.

    3 40 CFR 97.402, 97.502, 97.602, and 97.702 (definitions of “control period”); see also 40 CFR 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), and 97.706(c)(3) (exclusion of periods before monitor certification deadline).

    4 The CSAPR regulations' exclusion of periods before a unit's monitor certification deadline from “control periods” is explicit with respect to control periods in and after 2015, the first year of obligations to hold CSAPR allowances. The regulations' only operative references to control periods before 2015 are the references in the NUSA allowance allocation provisions to “the immediately preceding control period,” which, in the context of the 2015 compliance year, indicate 2014 “control periods.” EPA interprets the NUSA provisions as intended to operate in the same manner in all compliance years and accordingly interprets the exclusion of periods before a unit's monitor certification deadline as applying to all control periods, including the 2014 “control periods.”

    EPA excluded emissions before units' monitor certification deadlines from the preliminary calculations of first-round 2015 NUSA allowance allocations discussed in the June 1 NODA. In the final calculations, EPA has likewise excluded emissions before units' monitor certification deadlines and has made no other changes to the data used in the preliminary calculations. The final first-round 2015 NUSA allowance allocations are therefore unchanged from the preliminary calculations.

    The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled “CSAPR_NUSA_2015_NOx_Annual_1st_Round_Final_Data”, “CSAPR_NUSA_2015_NOx_OS_1st_Round_Final_Data”, and “CSAPR_NUSA_2015_SO2_1st_Round_Final_Data,” available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html. The three spreadsheets show EPA's final determinations of first-round 2015 NUSA allocations under the CSAPR NOX annual, NOX ozone season, and SO2 (Group 1 and Group 2) trading programs, respectively.

    Pursuant to CSAPR's allowance recordation timing requirements, the allocated NUSA allowances will be recorded in sources' AMS accounts by August 1, 2015. EPA notes that an allocation or lack of allocation of allowances to a given unit does not constitute a determination that CSAPR does or does not apply to the unit. EPA also notes that NUSA allocations are subject to potential correction if a unit to which NUSA allowances have been allocated for a given compliance year is not actually an affected unit as of January 1 (or May 1 in the case of the NOX ozone season program) of the compliance year.5

    5See 40 CFR 97.411(c), 97.511(c), 97.611(c), and 97.711(c).

    (Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), and 97.711(b).) Dated: July 20, 2015. Reid P. Harvey, Director, Clean Air Markets Division.
    [FR Doc. 2015-18516 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 150619537-5615-01] RIN 0648-XE037 Western and Central Pacific Fisheries for Highly Migratory Species; 2015 Bigeye Tuna Longline Fishery Closure AGENCY:

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

    ACTION:

    Temporary rule; fishery closure.

    SUMMARY:

    NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2015 catch limit. This action is necessary to prevent additional fishing pressure on this fish stock.

    DATES:

    Effective August 5, 2015, through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Tom Graham, NMFS Pacific Islands Region, 808-725-5032.

    SUPPLEMENTARY INFORMATION:

    Pelagic longline fishing in the western and central Pacific Ocean is managed, in part, under the Western and Central Pacific Fisheries Convention Implementation Act (Act). Regulations governing fishing by U.S. vessels in accordance with the Act appear at 50 CFR part 300, subpart O.

    NMFS established a calendar year 2015 limit of 3,502 metric tons (mt) of bigeye tuna (Thunnus obesus) that may be caught and retained in the U.S. pelagic longline fishery in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention Area) (80 FR 43634, July 23, 2015; 50 CFR 300.224). NMFS monitored the retained catches of bigeye tuna using logbook data submitted by vessel captains and other available information, and determined that the 2015 catch limit would be reached by August 5, 2015. In accordance with 50 CFR 300.224(e), this rule serves as advance notification to fishermen, the fishing industry, and the general public that the U.S. longline fishery for bigeye tuna in the Convention Area will be closed during the dates provided in the DATES heading. The fishery is scheduled to reopen on January 1, 2016. This rule does not apply to the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, collectively “the territories,” as described below.

    During the closure, a U.S. fishing vessel may not retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except that any bigeye tuna already on board a fishing vessel upon the effective date of the restrictions may be retained on board, transshipped, and landed, provided that they are landed within 14 days of the start of the closure, that is, by August 19, 2015. This 14-day landing requirement does not apply to a vessel that has declared to NMFS, pursuant to 50 CFR 665.803(a), that the current trip type is shallow-setting.

    Longline-caught bigeye tuna may be retained on board, transshipped, and landed if the fish are caught by a vessel with a valid American Samoa longline permit, or landed in the territories. In either case, the following conditions must be met:

    (1) The fish is not caught in the U.S. Exclusive Economic Zone (EEZ) around Hawaii;

    (2) Other applicable laws and regulations are followed; and

    (3) The vessel has a valid permit issued under 50 CFR 660.707 or 665.801.

    Bigeye tuna caught by longline gear during the closure may also be retained on board, transshipped, and/or landed if they are caught by a vessel that is included in a specified fishing agreement under 50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv).

    During the closure, a U.S. vessel is also prohibited from transshipping bigeye tuna caught in the Convention Area by longline gear to any vessel other than a U.S. fishing vessel with a valid permit issued under 50 CFR 660.707 or 665.801.

    The catch limit and this closure do not apply to bigeye tuna caught by longline gear outside the Convention Area, such as in the eastern Pacific Ocean. To ensure compliance with the restrictions related to bigeye tuna caught by longline gear in the Convention Area, however, the following requirements apply during the closure period:

    (1) Longline fishing both inside and outside the Convention Area is not allowed during the same fishing trip. An exception would be a fishing trip that is in progress on August 5, 2015. In that case, the catch of bigeye tuna must be landed by August 19, 2015; and

    (2) If a longline vessel fishes outside the Convention Area and the vessel then enters the Convention Area during the same fishing trip, the fishing gear must be stowed and not readily available for fishing in the Convention Area. Specifically, hooks, branch lines, and floats must be stowed and the mainline hauler must be covered.

    The above two additional prohibitions do not apply to the following vessels:

    (1) Vessels on declared shallow-setting trips pursuant to 50 CFR 665.803(a); and

    (2) Vessels operating in the longline fisheries of the territories. This includes vessels included in a specified fishing agreement under 50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv). This group also includes vessels with valid American Samoa longline permits and vessels landing bigeye tuna in one of the territories, as long as the bigeye tuna were not caught in the EEZ around Hawaii, the fishing was compliant with all applicable laws, and the vessel has a valid permit issued under 50 CFR 660.707 or 665.801.

    Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment on this action, because it would be contrary to the public interest. This rule closes the U.S. longline fishery for bigeye tuna in the western and central Pacific as a result of reaching the applicable bigeye tuna catch limit. The limit is codified in Federal regulations and is based on agreed limits established by the Western and Central Pacific Fisheries Commission. NMFS forecasts that the fishery will reach the 2015 limit by August 5, 2015. Although this is much earlier than in previous years, longline fishermen have been subject to longline bigeye tuna limits in the western and central Pacific since 2009. They have received ongoing, updated information about the 2015 catch and progress of the fishery in reaching the Convention Area limit via the NMFS Web site, social media, and other means. This constitutes adequate advance notice of this fishery closure. Additionally, the publication timing of this rule provides longline fishermen with seven days' advance notice of the closure date, and allows two weeks to return to port and land their catch of bigeye tuna.

    For the reasons stated above, there is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this temporary rule. NMFS must close the fishery as soon as possible to ensure that fishery does not exceed the catch limit. According to NMFS stock-status-determination criteria, bigeye tuna in the Pacific Ocean are currently experiencing overfishing. NMFS implemented the catch limit to reduce the effects of fishing on bigeye tuna and restore the stock to levels capable of producing maximum sustainable yield on a continuing basis. Failure to close the fishery immediately would result in additional fishing pressure on this stock, in violation of Federal law and international obligations.

    This action is required by 50 CFR 300.224 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 6901 et seq.

    Dated: July 23, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18433 Filed 7-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120627194-3657-02] RIN 0648-XE005 Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery AGENCY:

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

    ACTION:

    Temporary rule; Swordfish General Commercial permit retention limit adjustment for Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions.

    SUMMARY:

    NMFS is adjusting the Swordfish (SWO) General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for the remainder of 2015, unless otherwise noticed. The SWO General Commercial permit retention limit in each of these three regions is increased to six SWO per vessel per trip. The SWO General Commercial permit retention limit in the Florida SWO Management Area will remain unchanged at zero SWO per vessel per trip. This adjustment applies to SWO General Commercial permitted vessels and HMS Charter/Headboat permitted vessels when on a non-for-hire trip. This action is based upon consideration of the applicable inseason regional retention limit adjustment criteria.

    DATES:

    The adjusted SWO General Commercial permit retention limits in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are effective July 30, 2015 through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Rick Pearson or Randy Blankinship, 727-824-5399.

    SUPPLEMENTARY INFORMATION:

    Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of North Atlantic SWO by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. North Atlantic SWO quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) into two equal semi-annual directed fishery quotas, an annual incidental catch quota for fishermen targeting other species or taking SWO recreationally, and a reserve category, per the allocations established in the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended, and in accordance with implementing regulations. NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota.

    The 2015 adjusted North Atlantic SWO quota is 3,359.4 mt dw (see FR 80 25609, May 5, 2015). From the adjusted quota, 50 mt dw was allocated to the reserve category for inseason adjustments and research, and 300 mt dw was allocated to the incidental category, which includes recreational landings and landings by incidental SWO permit holders, per § 635.27(c)(1)(i). This resulted in an allocation of 3,009.4 mt dw for the directed fishery, which is split equally (1,504.7 mt dw) between two seasons in 2015 (January through June, and July through December).

    Adjustment of SWO General Commercial Permit Vessel Retention Limits

    The 2015 North Atlantic SWO fishing year, which is managed on a calendar-year basis and divided into two equal semi-annual quotas, began January 1, 2015. Landings attributable to the SWO General Commercial permit are counted against the applicable semi-annual directed fishery quota. Regional default retention limits for this permit have been established and are automatically effective from January 1 through December 31 each year, unless changed based on the inseason regional retention limit adjustment criteria at § 635.24(b)(4)(iv). The default retention limits established for the SWO General Commercial permit are: (1) Northwest Atlantic region—three SWO per vessel per trip; (2) Gulf of Mexico region—three SWO per vessel per trip; (3) U.S. Caribbean region—2 SWO per vessel per trip; and, (4) Florida SWO Management Area—zero SWO per vessel per trip. The default retention limits apply to SWO General Commercial permitted vessels and to HMS Charter/Headboat permitted vessels when fishing on non-for-hire trips. As a condition of these permits, vessels may not possess, retain, or land any more SWO than is specified for the region in which the vessel is located. The retention limits were not adjusted in 2014.

    NMFS has received requests to increase the retention limits in the Northwest Atlantic region and in the Florida SWO Management Area. Under § 635.24(b)(4)(iii), NMFS may increase or decrease the SWO General Commercial permit vessel retention limit in any region within a range from zero to a maximum of six SWO per vessel per trip. Any adjustments to retention limits must be based upon consideration of the relevant criteria provided in § 635.24(b)(4)(iv), which include: The usefulness of information obtained from biological sampling and monitoring of the North Atlantic SWO stock; the estimated ability of vessels participating in the fishery to land the amount of SWO quota available before the end of the fishing year; the estimated amounts by which quotas for other categories of the fishery might be exceeded; effects of the adjustment on accomplishing the objectives of the fishery management plan and its amendments; variations in seasonal distribution, abundance, or migration patterns of SWO; effects of catch rates in one region precluding vessels in another region from having a reasonable opportunity to harvest a portion of the overall SWO quota; and, review of dealer reports, landing trends, and the availability of SWO on the fishing grounds.

    NMFS has considered these criteria, as discussed below, and their applicability to the SWO General Commercial permit retention limit in all regions for the remainder of 2015. Last year, with application of the default SWO General Commercial permit retention limits, total annual directed SWO fishery landings were approximately 1,303 mt dw (39 percent of the 3,303-mt dw total annual adjusted directed fishery quota). This year, through June 30, 2015, directed SWO landings are 481.6 mt dw (36.5 percent of the 1,505 mt dw Jan. to June semi-annual adjusted directed subquota; or 16 percent of the 3,010 mt dw total annual adjusted directed quota).

    Given that SWO directed landings fell well below the available 2014 quota, and that 2015 landings continue to be below the available 2015 directed SWO quota, and considering the regulatory criteria, NMFS has determined that the SWO General Commercial permit vessel retention limit in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions applicable to persons issued a SWO General Commercial permit or HMS Charter/Headboat permit (when on a non-for-hire trip) should be increased from the default levels discussed above.

    A principal consideration is the objective of providing opportunities to harvest the full North Atlantic directed SWO quota without exceeding it based upon the 2006 Consolidated HMS FMP goal: “Consistent with other objectives of this FMP, to manage Atlantic HMS fisheries for continuing optimum yield so as to provide the greatest overall benefit to the Nation, particularly with respect to food production, providing recreational opportunities, preserving traditional fisheries, and taking into account the protection of marine ecosystems.” At the same time, it is also important for NMFS to continue to provide protection to important SWO juvenile areas and migratory corridors.

    After considering all of the relevant criteria, NMFS has determined that this year, increases from the default limits are warranted. With respect to the regulatory criteria, NMFS has examined dealer reports and landing trends, and determined that the information obtained from biological sampling and monitoring of the North Atlantic SWO stock is useful. Recently implemented electronic dealer reporting provides accurate and timely monitoring of landings. This information indicates that sufficient directed SWO quota is available that would warrant an increase in the SWO General Commercial permit retention limit. Regarding the regulatory criterion that NMFS consider “the estimated ability of vessels participating in the fishery to land the amount of SWO quota available before the end of the fishing year,” the directed SWO quota has not been harvested for several years and, based upon current landing trends, is not likely to be harvested or exceeded in 2015. Based upon recent landings rates from dealer reports, an increase in the vessel retention limit for SWO General Commercial permit holders is not likely to cause quotas for other categories of the fishery to be exceeded. Similarly, regarding the criterion that NMFS consider the estimated amounts by which quotas for other categories of the fishery might be exceeded, NMFS expects there to be sufficient SWO quota for the remainder of the year, and thus increased catch rates in one region are not expected to preclude vessels in another region from having a reasonable opportunity to harvest a portion of the overall SWO quota. Landings by vessels issued this permit (and Charter/Headboat permitted vessels on a non-for-hire trip) are counted against the adjusted directed SWO quota. As indicated above, this quota has not been exceeded for several years and, based upon current landing trends, is not likely to be exceeded in 2015. Similarly, NMFS expects that there will be sufficient SWO quota for the remainder of the year, thus increased catch rates in one region are not expected to preclude vessels in another region from having a reasonable opportunity to harvest a portion of the overall SWO quota.

    With regard to SWO abundance, the 2014 report by ICCAT's Standing Committee on Research and Statistics indicated that the North Atlantic SWO stock is not overfished (B2011/Bmsy = 1.14), and overfishing is not occurring (F2011/Fmsy = 0.82). Increasing the retention limit for this U.S. handgear fishery is not expected to affect the SWO stock status determination because any additional landings would be in compliance with the ICCAT recommended U.S. North Atlantic SWO quota allocation.

    Mature SWO are anticipated to migrate to the fishing grounds off the northeast U.S. coast during the summer and fall months. Based upon landings over the last several years, it is highly unlikely that the June through December directed SWO subquota will be filled with the current default retention limits of three SWO per vessel per trip (Northwest Atlantic and Gulf of Mexico), and two SWO per vessel per trip (U.S. Caribbean). For the entire 2014 fishing year, 39 percent of the total adjusted directed SWO quota was filled.

    Increasing the SWO General Commercial permit retention limit to six fish per vessel per trip will increase the likelihood that directed SWO landings will approach, but not exceed, the annual SWO quota, as well as increase the opportunity for catching SWO during the June through December directed subquota period. Increasing opportunity within this subquota period is also important because of the migratory nature and seasonal distribution of SWO, one of the regulatory criteria to be considered when changing the retention limit inseason (variations in seasonal distribution, abundance, or migration patterns of SWO). In a particular geographic region, or waters accessible from a particular port, the amount of fishing opportunity for SWO may be constrained by the short amount of time the SWO are present as they migrate. Dealer reports for Swordfish General Commercial permitted vessels indicate swordfish are available from June through December in both the Northwest Atlantic and Gulf of Mexico regions and are likely to be available in the U.S. Caribbean region during December and January.

    Based upon these considerations, NMFS has determined that a six-fish per vessel per trip SWO General Commercial permit retention limit is warranted in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions through December 31, 2015, for SWO General Commercial permitted vessels and HMS Charter/Headboat permitted vessels when on a non-for-hire trip. It would provide a reasonable opportunity to harvest the U.S. quota of SWO without exceeding it, while maintaining an equitable distribution of fishing opportunities; help achieve optimum yield in the SWO fishery; allow for the collection of data for stock monitoring purposes; and be consistent with the objectives of the 2006 Consolidated HMS FMP, as amended. Therefore, NMFS increases the SWO General Commercial permit retention limit from the default limit to six SWO per vessel per trip in these three regions, effective from July 30, 2015 through December 31, 2015. The regional SWO retention limits will automatically revert back to the default levels on January 1, 2016.

    As indicated above, NMFS has also received requests since publication of the final rule implementing Amendment 8 to the 2006 Consolidated HMS FMP (which established the SWO General Commercial permit) to increase the retention limit of SWO in the Florida SWO Management Area from the default of zero. NMFS has determined that the retention limit will remain at zero SWO per vessel per trip in the Florida SWO Management Area in 2015. As described in Amendment 8 to the 2006 Consolidated HMS FMP, the area off the southeastern coast of Florida, particularly the Florida Straits, contains oceanographic features that make the area biologically unique. It provides important juvenile SWO habitat, and is essentially a narrow migratory corridor containing high concentrations of SWO located in close proximity to high concentrations of people who may fish for them. Public comment on Amendment 8, including from the Florida Fish and Wildlife Conservation Commission, indicated concern about the resultant high potential for the improper rapid growth of a commercial fishery, increased catches of undersized SWO, the potential for larger numbers of fishermen in the area, and the potential for crowding of fishermen, which could lead to gear and user conflicts. These concerns remain valid. NMFS will continue to collect information to evaluate the appropriateness of the retention limit in the Florida SWO Management Area and other regional retention limits.

    These adjustments are consistent with the 2006 Consolidated HMS FMP as amended, ATCA, and the Magnuson-Stevens Act, and are not expected to negatively impact stock health.

    Monitoring and Reporting

    NMFS will continue to monitor the SWO fishery closely through mandatory landings and catch reports. Dealers are required to submit landing reports and negative reports (if no SWO were purchased) on a weekly basis.

    Depending on the level of fishing effort and catch rates of SWO, NMFS may determine that additional retention limit adjustments or closures are necessary to ensure that available quota is not exceeded or to enhance fishing opportunities. Subsequent actions, if any, will be published in the Federal Register. In addition, fishermen may access http://www.nmfs.noaa.gov/sfa/hms/species/swordfish/landings/index.html for updates on quota monitoring.

    Classification

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

    The regulations implementing the 2006 Consolidated HMS FMP, as amended, provide for inseason retention limit adjustments to respond to changes in SWO landings, the availability of SWO on the fishing grounds, the migratory nature of this species, and regional variations in the fishery. Based on available SWO quota, stock abundance, fishery performance in recent years, and the availability of SWO on the fishing grounds, among other considerations, adjustment to the SWO General Commercial permit retention limits from the default levels is warranted. Analysis of available data shows that adjustment to the SWO daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. NMFS provides notification of retention limit adjustments by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the “Atlantic HMS Breaking News” Web site at http://www.nmfs.noaa.gov/sfa/hms/news/breaking_news.html. Delays in temporarily increasing these retention limits would adversely affect those SWO General Commercial permit holders and HMS Charter/Headboat permit holders that would otherwise have an opportunity to harvest more than the default retention limits of three SWO per vessel per trip in the Northwest Atlantic and Gulf of Mexico regions, and two SWO per vessel per trip in the U.S. Caribbean region. Further, any delay could exacerbate the problem of low SWO landings and subsequent quota rollovers. Limited opportunities to harvest the directed SWO quota may have negative social and economic impacts for U.S. fishermen. Adjustment of the retention limits needs to be effective as soon as possible to allow the impacted sectors to benefit from the adjustment during the relevant time period, which would have largely passed by for some fishermen if the action is delayed for notice, and to not preclude fishing opportunities for fishermen who have access to the fishery only during this time period. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under § 635.24(b)(4) and is exempt from review under Executive Order 12866.

    Authority:

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

    Dated: July 23, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-18431 Filed 7-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 150305219-5619-02] RIN 0648-BE78 Fisheries Off West Coast States; Highly Migratory Species Fisheries; Recreational Fishing Restrictions for Pacific Bluefin Tuna AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The National Marine Fisheries Service (NMFS) is issuing regulations to modify the existing Pacific bluefin tuna (PBF) Thunnus orientalis recreational daily bag limit in the Exclusive Economic Zone (EEZ) off California, and to establish filleting-at-sea requirements for any tuna species in the U.S. EEZ south of Point Conception, Santa Barbara County, under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This action is intended to conserve PBF, and is based on a recommendation of the Pacific Fishery Management Council (Council).

    DATES:

    The final rule is effective July 30, 2015.

    ADDRESSES:

    Copies of the Regulatory Impact Review (RIR), Environmental Assessment, and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, identified by “NOAA-NMFS-2015-0029”, or contact the Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070, or [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Craig Heberer, NMFS, 760-431-9440, ext. 303, or [email protected]

    SUPPLEMENTARY INFORMATION: Background

    On April 21, 2015, NMFS published a proposed rule in the Federal Register (80 FR 22156) that would modify and add regulations at 50 CFR 660.721, to reduce the daily bag limits for sport-caught PBF harvested in the EEZ off the coast of California and to promulgate new at-sea fillet regulations applicable south of Point Conception, Santa Barbara County. The public comment period on the proposed rule was open until May 6, 2015, and NMFS received 976 comments, which are summarized and discussed below. This final rule is intended to reduce fishing mortality and aid in rebuilding the PBF stock, which is overfished and subject to overfishing (78 FR 41033, July 9, 2013), and to satisfy the United States' obligation to reduce catches of PBF by sportfishing vessels in accordance with conservation measures adopted by the Inter-American Tropical Tuna Commission (IATTC). This rule is implemented under the authority of the MSA as a conservation measure recommended by the Council during the 2015-2016 biennial management cycle, as established in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) framework provisions for changes to routine management measures.

    The proposed rule contains additional background information, including the basis for the new regulations. Additional information on changes since the proposed rule is included below.

    Modified Daily Bag Limit Regulations

    This final rule reduces the existing bag limit of 10 PBF per day to 2 PBF per day and the maximum multiday possession limit (i.e., for trips of 3 days or more) from 30 PBF to 6 PBF. For fishing trips of less than 3 days, the daily bag limit is multiplied by the number of days fishing to determine the multiday possession limit (e.g., the possession limit for a 1-day trip would be two fish and for a 2-day trip, four fish). The bag limits of this section apply on the basis of each 24-hour period at sea, regardless of the number of trips per day. The final rule does not authorize any person to take and retain more than one daily bag limit of fish during 1 calendar day. The daily bag and multiday possession limits apply to the U.S. EEZ off the coast of California and might be more or less conservative than Mexico's limits. The U.S. recreational limits would not apply to U.S. anglers while in Mexico's waters, but to facilitate enforcement and monitoring, the limits will apply to U.S. vessels in the U.S. EEZ or landing to U.S. ports, regardless of where the fish were harvested.

    New At-Sea Filleting Requirements

    The regulations establish new requirements for filleting tuna at-sea (i.e., each fish must be cut into six pieces placed in an individual bag so that certain diagnostic characteristics are left intact), which will assist law enforcement personnel in accurately identifying the different tuna species. These requirements apply to tuna species caught south of the line running due west true from Point Conception, Santa Barbara County (34°27′ N. lat.). As defined in 50 CFR 660.702, tuna refers to the following species: Yellowfin, Thunnus albacares; bluefin, T. orientalis; bigeye, T. obesus; albacore, T. alalunga; and skipjack tuna, Katsuwonus pelamis.

    Public Comments and Responses

    NMFS received 976 written public comments pertaining to the proposed action.

    NMFS categorized comments by whether they supported a reduced bag limit and/or establishment of new fillet requirements. Summaries of the comments received and NMFS' responses appear below. Some comments were beyond the scope of this rulemaking and are not addressed here. Nonetheless, those comments are valuable; and NMFS will consider them for future management planning.

    Comment 1: Reducing the daily bag limit from 10 PBF per day to 2 PBF per day would result in an 80 percent reduction in catch, which goes beyond the 25-40 percent harvest reduction measure embodied in IATTC Resolution C-14-06.

    Response: A reduction of 80 percent in the daily limit (from 10 PBF per day to 2 PBF per day) does not reflect the actual estimated reduction in catch (harvest), which is the metric for rebuilding the stock of PBF in both domestic and international conservation measures. The alternatives analyzed and presented to the Council, including the preferred alternative of 2 PBF per day, were intended to reduce retained recreational catch of PBF compared to the status quo (i.e., 10 PBF per day). The existing 10 fish per day bag limit for PBF was adopted in 2007 and became effective in 2008. California Passenger Fishing Vessel (CPFV) logbook data for the 2008 to 2013 time period, were analyzed to cover the period when the existing 10 fish bag limit has been in effect. On average, a daily bag limit change from 10 to 4 fish would result in a 5 to 10 percent catch reduction; a daily bag limit of 3 fish would equal a 15 percent reduction; a daily bag limit of 2 fish, a 30 percent reduction; and a daily bag limit of 1 fish, a 50 percent reduction.

    Comment 2: In lieu of a daily bag limit, NMFS should have considered using quota management, including the use of in-season closures if needed. A catch limit (i.e., a quota) of 208 metric tons should be applied, consistent with IATTC scientific staff recommendations for sportfishing harvest reductions needed to rebuild the PBF stock.

    Response: Prior to the IATTC annual meeting in 2014, IATTC scientific staff recommended keeping non-commercial catches in the eastern Pacific Ocean (EPO) below 214 mt based on the same methods, and years, that they used to recommend a commercial limit for the EPO (IATTC-87-03d). IATTC member countries expressed concerns about the appropriateness of these methods for the recreational sector. After additional work, the IATTC scientific staff recommended percentage reductions based on more recent levels of catch, and in lieu of an annual quota. This is reflected in Resolution C-14-06, which states: “Taking into account the IATTC scientific staff's conservation recommendation that a reduction of 20 percent to 45 percent in catches would be beneficial for the stock, provided that these reductions are implemented over the entire range of the stock. . . .” The implementation of a daily bag limit meets the conservation recommendation in Resolution C-14-06 while also allowing U.S. anglers to target PBF throughout the season; a catch limit could result in a retention prohibition on PBF early in the recreational fishing season. This seasonal access is valued by anglers, and also an important component for maintaining the economic viability of sportfishing businesses that depend on fishing throughout the season.

    Comment 3: NOAA should have considered a slot size limit (range of allowable harvest by size) to protect younger, pre-spawning PBF and older, reproductively mature PBF.

    Response: The majority of PBF harvested by U.S. anglers in the EPO are 1-3 year old juvenile fish (average weight 30 pounds) that have not yet reached sexual maturity (i.e., are reproductively inactive). PBF reach sexual maturity at approximately five years of age and roughly 125 pounds. PBF spawn in the western Central Pacific Ocean (WCPO) between central Japan and the northern Philippines, and in the Sea of Japan from April through August (2014 PBF Stock Assessment, International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean). Very few PBF of spawning size are available to U.S. anglers in the EPO therefore a slot limit constraining harvest by size would not be a demonstrably effective measure. In addition, instituting a slot limit management measure would require additional and costly monitoring and compliance resources to effectively implement. Expanded state and Federal monitoring efforts, including increased dockside surveys and at-sea sampling efforts, are being implemented to more accurately track the recreational and commercial harvest of PBF to comply with conservation measures in place.

    Comment 4: Given the severely depressed status of the stock, a 1-fish daily bag limit resulting in a projected harvest impact reduction of 54 percent would be more appropriate to address the harvest reductions embodied in IATTC Resolution C-14-06.

    Response: A 2-fish daily bag limit is consistent with IATTC scientific staff recommendations and Pacific Council recommendations. IATTC Resolution C-14-06 recommends a reduction of 20 percent to 45 percent in PBF catches to assist in the rebuilding of the PBF stock, provided that these reductions are implemented over the entire range of the stock. For the period 2004-2013, the impact of recreational catch of PBF in the EPO (predominantly by California-based recreational vessels) has ranged from 0.4 percent to 24 percent of the total EPO fishery impact and 0.1 percent to 4.7 percent of the stock-wide fishery impact. The implementation of a bag limit of 2 PBF per day is estimated to reduce the U.S. recreational harvest of PBF by 30 percent, as compared to the average U.S. West Coast sport fishing harvest of PBF during the 2008-2013 time frame. The estimated 30 percent reduction is consistent with IATTC scientific staff recommendations and guidance embodied in MSA Section 304(i) for reducing the relative impact of the U.S. fleet on the stock. The percentage of angler bags that would face a reduction increases steeply when considering a reduction from a 2 fish per day bag limit to a 1 fish per day limit, while the reduction in the overall U.S. recreational mortality increases by a relatively smaller amount. Estimated employment impacts also increase sharply with lower bag limits; for instance, job loss in the CPFV industry on the range from 14 to 85 full-time positions, out of an estimated 1,537 total positions, is expected with a bag reduction to one fish per day (Draft Environmental Assessment, Daily Bag Limits, Possession Limits, and At-Sea Processing for Pacific Bluefin Tuna in California Recreational Fisheries. Pacific Fishery Management Council, June 2015). The 2 fish per day bag limit is consistent with MSA National Standards, including Standard 8, which requires consideration of the importance of fishery resources to fishing communities when implementing conservation and management measures.

    Comment 5: A total PBF recreational fishery closure is warranted based on the estimated 96-percent PBF population biomass decrease from the unfished biomass.

    Response: There is no evidence to suggest that a unilateral closure of U.S. recreational fishing for PBF will either end overfishing or have a measurable impact on reducing overfishing because catch of PBF by the U.S.-based recreational fishery represents such a small portion of the total Pacific-wide catch. Furthermore, such a prohibition would economically harm U.S. West Coast fishing communities. Despite the fact that U.S. West Coast-based sport fishermen are not permitted to sell their catch, other positive regional economic impacts generated by recreational fishing activities, as well as the pleasure of recreational fishing, would be negatively impacted by a fishing closure. The Pacific Council considered impacts to recreational fisheries when adopting the measures contained in this rule as part of its biennial management process, and in accordance with responsibilities under MSA section 304(i) to address the relative impact of U.S. fisheries on the PBF stock. During its deliberations, the Pacific Council considered an analysis of the potential impact of recreational bag and possession limit reductions, including a 0-bag limit scenario (i.e., a moratorium on retention of catch), which is similar in nature to closing the fishery. This analysis was based on CPFV logbook data from the 2008 to 2013 fishing seasons and included results indicating that a moratorium on PBF fishing (e.g., reducing the current PBF bag limit from 10 to 0 fish) could lead to a loss of up to $13.8 million in annual trip expenditures and $25.8 million in annual gross sales within the southern California due to a decrease in the number of CPFV trips that target PBF (5,275 angler days in U.S. waters and 56,338 angler days in Mexico waters). Additionally, the 0-bag limit scenario was estimated to generate a potential employment loss in the southern California economy of up to 178 full-time equivalent jobs. In addition to the indirect economic impact of a potential no-retention measure, recreational fishermen would also be deprived of the pleasure of fishing for, and retaining, even small numbers of PBF.

    Comment 6: Given the increased presence and abundance of PBF off the U.S. West Coast over the past few seasons, a bag limit reduction is unnecessary.

    Response: The spawning stock biomass (SSB) of PBF is at historic lows (about 4 percent compared to the SSB if no fishing had taken place) while the amount and rate of PBF harvested each year continues to be high (2014 PBF Stock Assessment, International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean). The U.S. has a statutory obligation under both the MSA and the Tuna Conventions Act (statutory authority to implement IATTC Resolutions) to reduce harvest of PBF. All member nations to the IATTC and the Western and Central Pacific Fisheries Commission (WCPFC) that harvest PBF have committed to harvest reductions that contribute to the rebuilding of the PBF stock.

    Of the tunas, PBF has the broadest geographic range, spanning large expanses of the Pacific Ocean. They spawn in the WCPO between central Japan and the northern Philippines, and in the Sea of Japan from April through August. Based on tag return data, a portion of these fish are known migrate to waters off the U.S. West Coast and Mexico. The exact proportion that migrates is unknown, but it is possible that in the last few years a larger proportion of the juveniles have migrated from the spawning grounds to the U.S. West Coast and Mexico. The migration patterns of PBF are influenced by oceanographic conditions and vary among years. Increases in the number of fish observed locally may be a result of changes in the proportion of fish migrating to the eastern Pacific, and/or conditions along the west coast that may have shifted schools further north.

    Comment 7: The proposed fillet requirements are overly burdensome and unnecessary to adequately identify tuna species; specifically, NMFS should not require fishermen to cut out the collars and the belly flaps.

    Response: The at-sea fillet requirements will assist law enforcement personnel in accurately differentiating among species of tuna, specifically yellowfin and PBF. Personnel from NMFS, the California Department of Fish and Wildlife (CDFW), and key sportfishing industry stakeholders worked with state and Federal law enforcement personnel to design and test the proposed at-sea fillet requirements. The final fillet specifications were derived, in part, from advice provided by regionally recognized tuna species identification specialists and based on a series of filleting demonstrations and simulated identification exercises. One of the key diagnostic characteristics for identifying these two species is the shape and length of the pectoral fin. Another diagnostic characteristic is the thickness of the belly flaps and the shape of the urogenital pore. The belly wall is thicker and the urogenital pore is rounded in PBF versus a thinner belly wall and a more oval-shaped pore in yellowfin tuna. Therefore, to facilitate enforcement, NOAA has a compelling reason for requiring fishermen to leave these characteristics intact (i.e., by keeping pectoral fins attached to the collars, and including the belly flap) when filleting at-sea.

    Comment 8: The fillet requirements would create unsafe conditions at sea, given the difficulty in making the proposed cuts, specifically the collar cuts, while working on unstable and slippery vessel platforms.

    Response: The fillet requirements will only apply south of a line running due west true from Point Conception, Santa Barbara County (34°27′ N. latitude) to the U.S.-Mexico border. If rough seas create a safety risk while filleting, fishermen may choose to not fillet their catch until reaching calmer waters. Individuals may also leave the fish whole or process them in another manner such that the species may be determined. This could include gilling and gutting, a process in which the fish is bled and the gills and/or internal organs are removed, but the rest of the fish remains intact. This type of processing is not considered filleting.

    Comment 9: More should be done to constrain commercial harvests of PBF given the majority of the impacts on the stock have been attributed to commercial fisheries interactions. Domestic regulations are not equitable to measures being implemented internationally to rebuild the stock.

    Response: While this comment was not within the scope of this rulemaking, NMFS notes that considerable effort is being undertaken to constrain commercial harvests of PBF both domestically and internationally. The United States is part of this effort and is obligated under the treaty establishing the IATTC and under the MSA to constrain harvest by U.S. commercial and recreational fleets. All members of the WCPFC and IATTC, including the United States, are obligated to make catch reductions in the interest of rebuilding the stock. Specifically, the WCPFC Conservation and Management Measure 2014-04 stipulates that:

    • All members must reduce their fishing of PBF to below the average amount they fished in 2002 to 2004 in the WCPO; and

    • All members must reduce their catch of PBF smaller than 30 kg (66 lbs) by 50 percent of the average amount fished in 2002 to 2004 in the WCPO.

    Additionally, IATTC Resolution C-14-06 stipulates that:

    • A 20- to 45-percent reduction be made to PBF catches to benefit rebuilding of the stock, provided that these reductions are implemented over the entire range of the stock; and

    • U.S. commercial catches cannot exceed 600 mt in 2015 and 2016 combined; and the total commercial catches by all IATTC Members cannot exceed 6,600 mt in 2015 and 2016 combined in the EPO.

    Comment 10: There is potential for high grading PBF (releasing or discarding smaller fish so that larger fish may be retained within the bag limit); unquantified catch and release mortality could negatively impact the stock.

    Response: While the potential for high grading exists based on the reduced bag and the desire for anglers to retain larger fish, the impact of PBF mortalities due to catch and release is expected to be minimal on a stock-wide basis. As stated above, the U.S. recreational catch of PBF in the EPO (i.e., predominantly by California-based recreational vessels) from 2004 to 2013 has comprised 0.4 percent to 24 percent of the total EPO fishery and 0.1 percent to 4.7 percent of the stock-wide fishery. Limited monitoring of discards in the PBF sport fishery, including the level of catch and release events, will take place in 2015. If it is determined that the mortalities associated with high grading and or discards are impacting the PBF stock recovery and rebuilding schedule, NMFS and the Pacific Council could develop additional management measures, as part of the biennial management measure cycle under the HMS FMP.

    Comment 11: Release all spawning size female PBF and retain only male PBF greater than 15 pounds.

    Response: This management approach, also known as a slot limit, has proven effective in several federally managed fisheries, but the sex of PBF, like all other tuna species, cannot be identified by visual characteristics. Therefore, a slot limit is impractical for this fishery. In addition, the majority of PBF captured in the EPO sport fishery are juvenile, pre-spawning fish.

    Comment 12: Commercial fishing for PBF should be prohibited shoreward of 60 miles to create an exclusion zone that would help to recover the stock and provide more opportunities for sport fishermen to offset the reduced bag limit.

    Response: Restrictions on commercial fisheries are beyond the scope of this rulemaking. Both the U.S. commercial and recreational sectors are contributing to rebuilding of the PBF stock. The U.S. commercial harvest of PBF is limited to 600 mt for 2015 and 2016, combined, with the caveat that harvest cannot exceed 425 mt in any single year (i.e., via a separate rulemaking based on IATTC Resolution C-14-06). Additionally, if the U.S. commercial harvest in 2015 exceeds 300 mt, the harvest for 2016 will be limited to 200 mt. These commercial catch restrictions comport with the recommendation by IATTC scientific staff to reduce the catch of PBF by 20- to 45-percent. The implementation of an additional conservation measure (i.e., requiring the U.S. commercial fleet to fish seaward of 60 miles off the U.S. West Coast) would place an additional economic burden beyond what is required to rebuild the PBF stock. An additional area closure would unduly penalize U.S. commercial fishing interests and jeopardize the economic viability of this seasonal fishery.

    Comment 13: The effective date for the regulations should be tied to the Mexican government reopening the PBF sport fishery in their waters in 2015.

    Response: When a stock has been declared overfished or overfishing is occurring, as is the case with PBF, MSA Section 304(i) requires that the NMFS take action to address the relative impact of U.S. fishing on the stock. That requirement is not contingent on the actions of a foreign government, such as the prohibition on sport harvest of PBF within Mexico's EEZ, therefore NMFS is not tying the effective date of this final rule to the Mexican government's reopening the PBF sport fishery.

    Comment 14: The at-sea fillet requirements for tunas should be contingent on PBF being present in U.S. waters.

    Response: There would need to be a notification methodology designed and put in place that would accurately identify when PBF have moved into U.S. waters to make the at-sea fillet requirements contingent on the presence/absence of PBF in U.S. waters. A reliable and valid methodology is not currently in place, therefore NMFS is not making at-sea filleting requirements contingent on the presence of PBF in U.S. waters.

    Classification

    The Administrator, West Coast Region, NMFS, determined that the regulatory amendment under the HMS FMP is necessary for the conservation and management of the PBF fishery, and that it is consistent with the MSA and other applicable laws.

    Administrative Procedures Act

    There is good cause, under 5 U.S.C. 553(d)(3) to waive the requirement for a 30-day delay in effectiveness, and to implement this rule 7 days after the date of filing with the Office of the Federal Register. NMFS is waiving the 30-day delay in effectiveness because PBF have appeared in California waters earlier than anticipated. The vast majority of U.S. recreational angling trips for PBF are from 1 to 3 days in duration. Seven days would provide enough advanced notice for recreational vessel operators and anglers to be notified of the new regulations if they are out at sea when the rule publishes. At present, there is extensive media coverage of the presence of PBF in U.S. west coast waters, which suggests that fishing effort targeting PBF will remain a focal point for anglers and could potentially intensify if favorable oceanic conditions result in additional PBF entering local waters. If this rule is delayed to allow for a 30-day delay in effectiveness, the level of harvest permitted under current regulations (10 fish per day with a daily possession limit of 30 fish per day) could compromise efforts to rebuild the PBF stock, conform with State of California regulations, and uphold the U.S. obligations to reduce catch agreed to under IATTC Resolution C-14-06.

    There has been considerable and extensive public outreach and education relating to the impending imposition of reduced daily bag and possession limits for PBF that will mitigate the impacts of a shortened delay in effectiveness of this rule. As stated earlier, this rulemaking is based on a recommendation by the Council, which came after several public scoping meetings and extensive opportunities for public input and comment. The State of California and NMFS has kept the regulated public informed with frequent announcements on this action (e.g., California Department of Fish and Wildlife's Marine Management Newsletter and NOAA Fisheries West Coast Recreational Fisheries email listserve, Let's Talk Hookup radio show, San Diego Union Tribune daily newspaper, Western Outdoor News weekly newsletter coverage, and Sportsfishing Association of California (SAC) updates). There is a small fleet of larger U.S. CPFVs that fish longer range trips (3 to18 days) into Mexico's waters from home ports in San Diego. These vessels have constant radio and/or satellite communications contact with their home offices and/or personnel from SAC. When the final rule files with the Office of the Federal Register, notice will be provided to home offices and to SAC to relay to these vessels and their broader membership. Furthermore, since June of 2014, the government of Mexico has prohibited U.S. vessels from catching and landing PBF in their waters. Until that prohibition is lifted there will be no U.S. vessels fishing for PBF in Mexico's waters.

    Executive Order 12866

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

    Paperwork Reduction Act (PRA)

    There are no new collection-of-information requirements associated with this action that are subject to the PRA. Existing collection-of-information requirements associated with the HMS FMP have been approved by the Office of Management and Budget (OMB) under Control Number 0648-0204. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection-of-information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB control number.

    Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. One comment was received regarding this certification questioning the “not likely to adversely impact” determination contained in the Regulatory Flexibility Act (RFA) economic analysis presented for this action. The final rule implements a reduction in recreational bag and possession limits for PBF, and filleting requirements for harvested tuna. These restrictions directly affect only individual recreational anglers. Recreational anglers may not legally sell their catch, and thus are not considered to be a business. Because recreational anglers are not considered to be a small business entity under the RFA, the economic effects of this final rule to anglers are outside the scope of the RFA. Although the CPFV sector of the sport fishery is likely to experience indirect economic impacts due to the imposition of reduced daily bag and possession limits, an RFA analysis of those impacts was not included since CPFV operators are not subject to direct impacts of this final rule, other than to a limited extent if they personally participate in the recreational fishing activity. Indirect impacts on small business entities, such as a potential decline in demand for CPFV trips, are not considered under the scope of RFA analysis. As a result, a regulatory flexibility analysis was not required and none was prepared.

    List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 21, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended as follows:

    PART 660—FISHERIES OFF THE WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.

    2. In § 660.721, revise the section heading, introductory text, and paragraphs (a) introductory text and (b), and add paragraph (e) to read as follows:
    § 660.721 Recreational fishing bag limits and filleting requirements.

    This section applies to recreational fishing for albacore tuna in the U.S. EEZ off the coast of California, Oregon, and Washington and for bluefin tuna in the U.S. EEZ off the coast of California. In addition to individual fishermen, the operator of a U.S. sportsfishing vessel that fishes for albacore or bluefin tuna is responsible for ensuring that the bag and possession limits of this section are not exceeded. The bag limits of this section apply on the basis of each 24-hour period at sea, regardless of the number of trips per day. The provisions of this section do not authorize any person to take and retain more than one daily bag limit of fish during 1 calendar day. Federal recreational HMS regulations are not intended to supersede any more restrictive state recreational HMS regulations relating to federally-managed HMS.

    (a) Albacore Tuna Daily Bag Limit. Except pursuant to a multi-day possession permit referenced in paragraph (c) of this section, a recreational fisherman may take and retain, or possess onboard no more than:

    (b) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take and retain, or possess on board no more than two bluefin tuna during any part of a fishing trip that occurs in the U.S. EEZ off California south of a line running due west true from the California—Oregon border [42°00′ N. latitude].

    (e) Restrictions on Filleting of Tuna South of Point Conception. South of a line running due west true from Point Conception, Santa Barbara County (34°27′ N. latitude) to the U.S.-Mexico border, any tuna that has been filleted must be individually bagged as follows:

    (1) The bag must be marked with the species' common name; and

    (2) The fish must be cut into the following six pieces with all skin attached: the four loins, the collar removed as one piece with both pectoral fins attached and intact, and the belly cut to include the vent and with both pelvic fins attached and intact.

    [FR Doc. 2015-18380 Filed 7-23-15; 11:15 am] BILLING CODE 3510-22-P
    80 144 Tuesday, July 28, 2015 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket Number EERE-2010-BT-STD-0003] RIN 1904-AC19 Energy Conservation Program: Energy Conservation Standards for Commercial Refrigeration Equipment AGENCY:

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

    ACTION:

    Publication of determination.

    SUMMARY:

    The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes that the U.S. Department of Justice (DOJ) make a determination on the impact, if any, on the lessening of competition likely to result from a U.S. Department of Energy (DOE) proposed rule for energy conservation standards and that DOE publish the determination in the Federal Register. DOE published its final rule for energy conservation standards for commercial refrigeration equipment on March 28, 2014, and is publishing DOJ's November 25, 2013 determination on such proposed rule.

    DATES:

    Date of DOJ determination—November 25, 2013.

    FOR FURTHER INFORMATION CONTACT:

    Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-1692. Email: [email protected].

    Ms. Johanna Hariharan, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-6307. Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    On March 28, 2014 (79 FR 17725), DOE published a final rule amending energy conservation standards for commercial refrigeration equipment. Those amended standards were determined by DOE to be technologically feasible and economically justified and would result in the significant conservation of energy. The Energy Conservation and Policy Act of 1975 (42 U.S.C.6291, et seq; “EPCA”), Public Law 94-163, requires that the Attorney General make a determination and analysis of the impact, if any, of any lessening of competition likely to result from a proposed standard, within 60 days of publication. (42 U.S.C. 6295(o)(2)(B)(ii)) EPCA also requires that DOE publish the determination and analysis in the Federal Register. Id.

    DOE received the determination in response to the September 11, 2013 NOPR (78 FR 55781) from the Attorney General and the U.S. Department of Justice (DOJ) on November 25, 2013. DOE is publishing the text of DOJ's November 25, 2013 determination.

    Issued in Washington, DC, on July 21, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. U.S. DEPARTMENT OF JUSTICE Antitrust Division WILLIAM J. BAER Assistant Attorney General RFK Main Justice Building 950 Pennsylvania Avenue NW. Washington, DC 20530-0001 (202) 514-2401/(202) 616-2645 (Fax) November 25, 2013 Eric J. Fygi Deputy General Counsel Department of Energy Washington, DC 20585 Dear Deputy General Counsel Fygi:

    I am responding to your September 24, 2013 letter seeking the views of the Attorney General about the potential impact on competition of proposed energy conservation standards for walk-in coolers and refrigerators. Your request was submitted under Section 325(o)(2)(B)(i)(V) of the Energy Policy and Conservation Act, as amended (ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V), which requires the Attorney General to make a determination of the impact of any lessening of competition that is likely to result from the imposition of proposed energy conservation standards. The Attorney General's responsibility for responding to requests from other departments about the effect of a program on competition has been delegated to the Assistant Attorney General for the Antitrust Division in 28 CFR 0.40(g).

    In conducting its analysis the Antitrust Division examines whether a proposed standard may lessen competition, for example, by substantially limiting consumer choice, by placing certain manufacturers at an unjustified competitive disadvantage, or by inducing avoidable inefficiencies in production or distribution of particular products. A lessening of competition could result in higher prices to manufacturers and consumers, and perhaps thwart the intent of the revised standards by inducing substitution to less efficient products.

    We have reviewed the proposed standards contained in the Notice of Proposed Rulemaking (78 FR 176, September 11, 2013) (NOPR). We have also reviewed supplementary information submitted to the Attorney General by the Department of Energy, including a transcript of the public meeting held on the proposed standards on October 3, 2013. Based on this review, our conclusion is that the proposed energy conservation standards for commercial refrigeration equipment are unlikely to have a significant adverse impact on competition.

    Sincerely, William J. Baer Enclosure
    [FR Doc. 2015-18530 Filed 7-27-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3073; Directorate Identifier 2015-CE-017-AD] RIN 2120-AA64 Airworthiness Directives; Viking Air Limited Airplanes AGENCY:

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

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Viking Air Limited Model DHC-3 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as reports of corrugation cracking found at various wing stations and on the main spar lower cap. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by September 11, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: (202) 493-2251.

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

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

    For service information identified in this proposed AD, contact Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney, British Columbia, Canada, V8L 5V5; Fax: 250-656-0673; telephone: (North America) 1-800-663-8444; email: [email protected]; Internet: http://www.vikingair.com/support/service-bulletins. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3073.You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    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-2015-3073; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Aziz Ahmed, Aerospace Safety Engineer, FAA, New York Aircraft Certification Office (ACO), 1600 Steward Avenue, suite 410, Westbury, New York 11590; telephone: (516) 228-7329; fax: (516) 794-5531; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-3073; Directorate Identifier 2015-CE-017-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    Transport Canada, which is the aviation authority for Canada, has issued AD No. CF-2015-05, dated March 18, 2015 (referred to after this as “the MCAI”), to correct an unsafe condition for Viking Air Limited Model DHC-3 airplanes. The MCAI states:

    An operator found cracks on the upper inner wing skin corrugations emanating from the rib attachment points. As a result, Viking Air Limited released Service Bulletin (SB) V3/0002, Revision NC to inspect for possible corrugation cracking between wing stations 34 and 110. Subsequently, operators discovered additional corrugation cracking at multiple wing stations and on the main spar lower cap.

    These cracks, if not detected and rectified, may compromise the structural integrity of the wing. In order to address this potentially unsafe condition, Viking Air Limited has issued SB V3/0002, Revision C, specifying repetitive internal borescope and visual inspections. This AD is issued to mandate compliance with that SB.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3073. Related Service Information Under 1 CFR Part 51

    We reviewed Viking DHC-3 Otter Service Bulletin No. V3/0002, Revision “C”, dated April 30, 2014; and Viking DHC-3 Otter Service Bulletin 3-STC (03-50)-001, Revision “NC”, dated April 30, 2014. The service information describes procedures for installing additional wing inspection access panels and inspecting the wings using borescope and visual methods. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this NPRM.

    FAA's Determination and Requirements of the Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD will affect 38 products of U.S. registry. We also estimate that it would take about 36 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $5,000 per product.

    Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $306,280, or $8,060 per product.

    The scope of damage found in the required inspection could vary significantly from airplane to airplane. We have no way of determining how much damage may be found on each airplane or the cost to repair damaged parts on each airplane.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: Viking Air Limited: Docket No. FAA-2015-3073; Directorate Identifier 2015-CE-017-AD. (a) Comments Due Date

    We must receive comments by September 11, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Viking Air Limited DHC-3 airplanes, all serial numbers, certificated in any category.

    (d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as reports of corrugation cracking found at various wing stations and on the main spar lower cap. We are issuing this proposed AD to detect cracking and correct as necessary to address the unsafe condition on these products.

    (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs (f)(1) through (f)(5) of this AD:

    (1) Within 30 days after the effective date of this AD, determine the accumulated air time for each wing by contacting Technical Support at Viking Air Limited. You can find contact information for Viking Air Limited in paragraph (h) of this AD.

    (2) Within 30 days after the effective date of this AD, determine all installed supplemental type certificates (STC) or modifications affecting the wings. Based on the accumulated air time determined from paragraph (f)(1) of this AD and before the initial inspection required in paragraph (f)(3) of this AD, install access panels as follows:

    (i) If the airplane is free of STCs or any other modifications affecting the wings, install additional inspection access panels following the Accomplishment Instructions Part A of Viking DHC-3 Otter Service Bulletin No. V3/0002, Revision “C”, dated April 30, 2014.

    (ii) If the airplane is fitted with STC SA2009NY (which can be found on the internet at: http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/F7309B7D9B008C588625734F00730144?OpenDocument&Highlight=sa02009ny), incorporate additional inspection access panels following the Accomplishment Instructions of Viking Air Limited SB 3-STC (03-50)-001, Revision “NC”, dated April 30, 2014.

    Note 1 to paragraph (f)(2)(ii) of this AD:

    STC SA03-50 would be the Canadian equivalent of the United States STC 2A2009NY.

    (iii) If there are other STCs or modifications affecting the wings the operator must contact the FAA to request an FAA-approved alternative method of compliance using the procedures in paragraph (g)(1) of this AD and 14 CFR 39.19. To develop these procedures, we recommend you contact the STC holder for guidance in developing substantiating data.

    (3) Based on the accumulated air time on the wings determined in paragraph (f)(1) of this AD, perform initial and repetitive borescope and visual inspections of both the left-hand and right-hand wing box following Part B of the Accomplishment Instructions of Viking DHC-3 Otter Service Bulletin V3/0002, Revision “C”, dated April 30, 2014, using the inspection schedules specified in Table 1 of paragraph (f)(3) of this AD:

    Table 1 of Paragraph (f)(3) of This AD—Inspection Schedule Effectivity Initial inspection Repetitive inspection If Viking Air Limited SB V3/0002, Revision “A”, dated February 22, 2013; or Viking Air Limited SB V3/0002, Revision “B”, dated July 3, 2013; were complied with prior to the effective date of this AD The initial inspection is not required since the inspection was accomplished while complying with Revision “A” or “B” of Viking Air Limited SB V3/0002 Repetitively inspect not to exceed every 1,600 wing air time hours accumulated after the last inspection or 2,100 flight cycles after the last inspection, whichever occurs first. If, as of the effective date of this AD, the airplane has less than 31,200 wing air time hours Inspect within 800 wing air time hours after the effective date of this AD, or within 6 months after the effective date of this AD, whichever occurs first If, as of the effective date of this AD, the airplane has 31,200 hours wing air time or more but less than 31,600 hours wing air time hours Inspect upon or before accumulating 32,000 wing air time hours or within 6 months after the effective date of this AD, whichever occurs first If, as of the effective date of this AD, the airplane has 31,600 wing air time hours or more Inspect within 400 wing air time hours accumulated after the effective date of this AD or 3 months after the effective date of this AD, whichever occurs first

    (4) If the total flight cycles have not been kept, multiply the total number of airplane hours time-in-service (TIS) by 2 to calculate the cycles. For the purpose of this AD, some examples are below:

    (i) .5 hour TIS x 2 = 1 cycle; and

    (ii) 200 hours TIS x 2 = 400 cycles.

    (5) If any cracks are found, contact Technical Support at Viking Air Limited for an FAA-approved repair and incorporate the repair before further flight. You can find contact information for Viking Air Limited in paragraph (i) of this AD. The FAA-approved repair must specifically reference this AD.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Aziz Ahmed, Aerospace Safety Engineer, FAA, New York Aircraft Certification Office (ACO), 1600 Steward Avenue, suite 410, Westbury, New York 11590; telephone: (516) 228-7329; fax: (516) 794-5531; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

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

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

    (h) Related Information

    Refer to MCAI Transport Canada AD No. CF-2015-05, dated March 18, 2015. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3073. For service information related to this AD, contact Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney, British Columbia, Canada, V8L 5V5; Fax: 250-656-0673; telephone: (North America) 1-800-663-8444; email: [email protected]; Internet: http://www.vikingair.com/support/service-bulletins. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on July 21, 2015. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-18304 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1835; Airspace Docket No. 14-AGL-7] Proposed Establishment of Class E Airspace; Hart/Shelby, MI AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace at Hart/Shelby, MI. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures at Oceana County Airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    DATES:

    Comments must be received on or before September 11, 2015.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2015-1835/Airspace Docket No. 14-AGL-7, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-7740.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish Class E airspace at Oceana County Airport, Hart/Shelby, MI.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-1835/Airspace Docket No. 14-AGL-7.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Central Service Center, 2601 Meacham Blvd., Fort Worth, TX 76137.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

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

    The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by establishing Class E airspace extending upward from 700 feet above the surface within a 6.0-mile radius of Oceana County Airport, Hart/Shelby, MI, to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

    Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal.

    Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth AGL MI E5 Hart/Shelby, MI [New] Oceana County Airport, MI (Lat. 43°38′30″ N., long. 086°19′45″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.0-mile radius of Oceana County Airport.

    Issued in Fort Worth, TX, on June 14, 2015. Humberto Melendez, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2015-18339 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1136; Airspace Docket No. 15-ANM-12] Proposed Amendment of Class D and Class E Airspace, Revocation of Class E Airspace; Mountain Home, ID AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class D airspace, Class E surface area airspace, Class E airspace extending upward from 700 feet above the surface, and remove Class E surface area airspace designated as an extension at Mountain Home AFB, Mountain Home, ID. After reviewing the airspace, the FAA found it necessary to increase the Class D airspace area and reduce the Class E airspace areas for the safety and management of Instrument Flight Rules (IFR) operations for arriving and departing aircraft at the airport. This action also would initiate the use of geographic coordinates as reference points instead of navigation aids to describe the controlled airspace areas, and would update the geographic coordinates of Mountain Home Municipal Airport.

    DATES:

    Comments must be received on or before September 11, 2015.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9826. You must identify FAA Docket No. FAA-2015-1136; Airspace Docket No. 15-ANM-12, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class D and Class E airspace at Mountain Home AFB, Mountain Home, ID.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-1136; Airspace Docket No. 15-ANM-12.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

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

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class D airspace, Class E surface area airspace, Class E airspace extending upward from 700 feet above the surface, and removing Class E surface area airspace as an extension as this airspace is no longer needed, at Mountain Home AFB, Mountain Home, ID. The FAA found additional Class D airspace necessary to protect instrument arrival procedures at the airport. Class D airspace would extend upward from the surface to and including 5,500 feet within a 5-mile radius northeast of Mountain Home AFB, extending to 6.5 miles to the southeast and northwest of the airport. Class E surface area airspace would extend upward from the surface within a 5-mile radius northeast of Mountain Home AFB, extending to 6.5 miles to the southeast and northwest of the airport. Class E airspace extending upward from 700 feet above the surface would be modified to within a 7.7-mile radius northeast of Mountain Home AFB, extending to 12.4 miles to the northeast, and 17.7 miles to the east. This action would also update the geographic coordinates of Mountain Home Municipal Airport.

    Class D and Class E airspace designations are published in paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order.

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

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 5000: Class D Airspace. ANM ID D Mountain Home, ID [Modified] Mountain Home AFB, ID (Lat. 43°02′37″ N., long. 115°52′21″ W.)

    That airspace extending upward from the surface to and including 5,500 feet MSL within a 5-mile radius of the Mountain Home AFB, and within 2 miles each side of the 135° bearing from the airport extending from the 5-mile radius to 6.5 miles southeast of the airport, and within 2 miles each side of the 315° bearing from the airport extending from the 5-mile radius to 6.5 miles northwest of the airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.

    Paragraph 6002 Class E Airspace Designated as Surface Areas. ANM ID E2 Mountain Home, ID [Modified] Mountain Home AFB, ID (Lat. 43°02′37″ N., long. 115°52′21″ W.)

    That airspace extending upward from the surface within a 5-mile radius of the Mountain Home AFB, and within 2 miles each side of the 135° bearing from the airport extending from the 5-mile radius to 6.5 miles southeast of the airport, and within 2 miles each side of the 315° bearing from the airport extending from the 5-mile radius to 6.5 miles northwest of the airport.

    Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area. ANM ID E4 Mountain Home, ID [Removed] Paragraph 6005+Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ANM ID E5 Mountain Home, ID [Modified] Mountain Home AFB, ID (Lat. 43°02′37″ N., long. 115°52′21″ W.) Mountain Home Municipal Airport (Lat. 43°07′54″ N., long. 115°43′50″ W.)

    That airspace extending upward from 700 feet above the surface bounded by a line beginning at lat. 43°06′48″ N., long. 115°28′39″ W.; to lat. 43°02′06″ N., long. 115°31′12″ W.; to lat. 43°03′25″ N., long. 115°36′21″ W.; to lat. 42°54′24″ N., long. 115°48′41″ W.; to lat. 42°54′24″ N., long. 115°56′47″ W.; to lat. 43°00′12″ N., long. 116°04′42″ W.; to lat. 43°06′51″ N., long. 116°01′24″ W.; to lat. 43°09′22″ N., long. 115°57′57″ W.; to lat. 43°12′54″ N., long. 115°42′51″ W., thence to point of beginning.

    That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 43°33′06″ N., long. 116°11′32″ W.; to lat. 42°48′43″ N., long. 115°00′21″ W.; to lat. 42°23′58″ N., long. 115°00′21″ W.; to lat. 42°23′58″ N., long. 115°17′55″ W.; thence clockwise along the 46.0-mile radius of Mountain Home AFB to lat. 43°09′20″ N., long. 116°54′22″ W.; thence to point of beginning.

    Issued in Seattle, Washington, on July 20, 2015. Christopher Ramirez, Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2015-18338 Filed 7-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF STATE 22 CFR Part 171 RIN 1400-AD44 [Public Notice: 9198] Public Access to Information AGENCY:

    Department of State.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Department of State proposes to revise its regulations of November 3, 2004 and October 11, 2007 governing the availability to the public of information that is under the control of the Department. There have been several changes in the law and regulations governing disclosure of such information, including the OPEN Government Act of 2007 and the OPEN FOIA Act of 2009. This proposed rule reflects changes in the FOIA and other statutes and consequent changes in the Department's procedures since the last revision of the Department's regulations on this subject.

    DATES:

    The Department will consider comments from the public that are received within September 28, 2015.

    ADDRESSES:

    You may make comments by any of the following methods, and you must include the RIN in the subject line of your message.

    Mail (paper, disk, or CD-ROM submissions): Director, Office of Information Programs and Services, U.S. Department of State, State Annex 2 (SA-2), 515 22nd Street NW., Washington, DC 20522-8100.

    Fax: (202) 261-8579.

    Hand Delivery or Courier: State Annex 2 (SA-2), 515 22nd Street NW., Washington, DC.

    • Persons with access to the Internet may view this rule and submit comments by going to www.regulations.gov.

    Inspection of public comments: All comments received before the close of the comment period will be available for public inspection, including any personally identifiable or confidential business or financial information that is included in a comment. The Department of State will post all comments received before the close of the comment period at www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Marianne Manheim, FOIA Public Liaison, Office of Information Programs and Services, [email protected], (202) 261-8359, U.S. Department of State, State Annex 2 (SA-2), 515 22nd Street NW., Washington, DC 20522-8100.

    SUPPLEMENTARY INFORMATION:

    This proposed rule updates 22 CFR part 171. Notably, the former subpart C pertaining to declassification of national security information and access to classified information by historical researchers and certain former government personnel has been removed from Part 171 and incorporated into 22 CFR part 9 on National Security Information (See final rule at 79 FR 35935). The former subpart F pertaining to appeals no longer exists, and the information formerly contained within that subpart was added to subparts B and C of Part 171 and 22 CFR part 9. Additionally, the responsibility for responding to requests for public financial disclosure reports has been transferred to the Department of State's Office of the Legal Adviser. Accordingly, any such requests are processed by the Office of the Legal Adviser rather than the Office of Information Programs and Services (see subpart D).

    Regulatory Findings

    Administrative Procedure Act. The Department of State is publishing this proposed rule consistent with the provisions of 5 U.S.C. 553, with a 60-day public comment period.

    Regulatory Flexibility Act. The Department of State, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this regulation and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities.

    Unfunded Mandates Act of 1995. This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

    Small Business Regulatory Enforcement Fairness Act of 1996. This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and import markets.

    Executive Order 12988—Civil Justice Reform. The Department has reviewed this regulation in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Executive Orders 12372 and 13132—Federalism. This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this regulation.

    Executive Order 13175—Consultation and Coordination With Indian Tribal Governments. The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking.

    Executive Orders 12866 and 13563—Improving Regulation and Regulatory Review. The Department has considered this proposed rule in light of these Executive Orders and affirms that this regulation is consistent with the guidance therein. The benefits of this rulemaking for the public include, but are not limited to, providing an up-to-date procedure for requesting information from the Department. The Department is aware of no cost to the public from this rulemaking.

    Paperwork Reduction Act. This rule does not impose or revise any reporting or record-keeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

    List of Subjects in 22 CFR Part 171

    Administrative practice and procedure, freedom of information, privacy.

    For the reasons set forth in the preamble, the Department of State proposes to revise 22 CFR part 171 to read as follows:

    PART 171—PUBLIC ACCESS TO INFORMATION Subpart A—General Policy and Procedures Sec. 171.1 General provisions. 171.2 Types of records maintained. 171.3 Records available on the Department's Web site. 171.4 Requests for information—types and how made. 171.5 Archival records. Subpart B—Freedom of Information Act Provisions 171.10 Purpose and scope. 171.11 Processing requests. 171.12 Business information. 171.13 Appeal of denial of request for records. 171.14 Fees to be charged. 171.15 Miscellaneous fee provisions. 171.16 Waiver or reduction of fees. 171.17 Resolving disputes. 171.18 Preservation of records. Subpart C—Privacy Act Provisions 171.20 Purpose and scope. 171.21 Definitions. 171.22 Request for access to records. 171.23 Request to amend or correct records. 171.24 Request for an accounting of record disclosures. 171.25 Appeals of denial of PA requests and PA amendment requests. 171.26 Exemptions. Subpart D—Process To Request Public Financial Disclosure Reports 171.30 Purpose and scope. 171.31 Requests. Authority:

    22 U.S.C. 2651a; 5 U.S.C. 552, 552a; E.O. 12600 (52 FR 23781); the Ethics in Government Act of 1978, Pub. L. 95-521, 92 Stat. 1824 (codified as amended at 5 U.S.C. app. 101-505); 5 CFR part 2634.

    Subpart A—General Policy and Procedures
    § 171.1 General provisions.

    (a) This subpart contains the rules that the Department of State and the Foreign Service Grievance Board (FSGB), an independent body, follow in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, and the Privacy Act of 1974 (PA), 5 U.S.C. 552a, as amended. Records of the Department shall be made available to the public upon request made in compliance with the access procedures established in this Part, except for any records exempt by law from disclosure. Regulations at 22 CFR 172.1-9 govern, inter alia, the service of subpoenas, court orders, and other demands or requests for official Department information or action, as well as the Department's response to demands or requests for official Department information or action in connection with legal proceedings in the United States to which the Department is not a party.

    (b) Definitions. (1) For purposes of subparts A, B, and D, record means information regardless of its physical form or characteristics—including information created, stored, and retrievable by electronic means—that is created or obtained by the Department and under the control of the Department at the time of the request, including information maintained for the Department by an entity under Government contract for records management purposes. It does not include records that are not already in existence and that would have to be created specifically to respond to a request. Information available in electronic form shall be searched and compiled in response to a request unless such search and compilation would significantly interfere with the operation of the Department's automated information systems.

    (2) For purposes of subparts A, B, C, and D, Department means the United States Department of State, including its field offices and Foreign Service posts abroad.

    § 171.2 Types of records maintained.

    Most of the records maintained by the Department pertain to the formulation and execution of U.S. foreign policy. The Department also maintains certain records that pertain to individuals, such as applications for U.S. passports, applications for visas to enter the United States, records on consular assistance given abroad by U.S. Foreign Service posts to U.S citizens and legal permanent residents, and records on Department employees. Further information on the types of records maintained by the Department may be obtained by reviewing the Department's records disposition schedules, which are available on the Department's Web site at www.foia.state.gov.

    § 171.3 Records available on the Department's Web site.

    Information that is required to be published in the Federal Register under 5 U.S.C. 552(a)(1) is regularly updated by the Department and found on its public Web site: www.state.gov. Records that are required by the FOIA to be made available for public inspection and copying under 5 U.S.C. 552(a)(2) also are available on the Department's public Web site. Included on the Department's FOIA home page, www.foia.state.gov, are links to other sites where Department information may be available, links to the Department's PA systems of records, and the Department's records disposition schedules. Also available on the FOIA Web site are certain records released by the Department pursuant to requests under the FOIA and compilations of records reviewed and released in certain special projects. In addition, see 22 CFR part 173 regarding materials disseminated abroad by the Department.

    § 171.4 Requests for information—types and how made.

    (a) Requests for records made in accordance with subparts A, B, and C must be made in writing and may be made by mail addressed to the Office of Information Programs and Services (IPS), U.S. Department of State, State Annex 2 (SA-2), 515 22nd Street NW., Washington, DC 20522-8100, or by fax to (202) 261-8579, or through the Department's FOIA Web site (www.foia.state.gov). PA requests may be made by mail or fax only. IPS does not accept requests submitted by email.

    (1) Requests for passport records that are covered under PA System of Records Notice 26, including passport records issued from 1925 to present, should be mailed to U.S. Department of State, Law Enforcement Liaison Division, CA/PPT/S/L/LE, 44132 Mercure Cir, P.O. Box 1227, Sterling, VA 20166. Further guidance on obtaining passport records is available on the Department's Web site: travel.state.gov/content/passports/english/passports/services/obtain-copies-of-passport-records.html.

    (2) Requests for records of the Office of Inspector General (OIG) may be submitted to U.S. Department of State, Office of Inspector General, Office of General Counsel, Washington, DC 20520-0308, ATTN: FOIA officer. In addition, FOIA requests seeking OIG records may be submitted via email to [email protected], which is preferred. PA requests are accepted by mail only. Guidance is available on the OIG's Web site: oig.state.gov/foia/index.htm.

    (3) All other requests for other Department records must be submitted to the Office of Information Programs and Services by one of the means noted above. The Office of Information Programs and Services, the Law Enforcement Liaison Division of the Office of Passport Services, and the OIG are the only Department components authorized to accept FOIA requests submitted to the Department.

    (4) Providing the specific citation to the statute under which a requester is requesting information will facilitate the processing of the request by the Department. The Department automatically processes requests for information maintained in a PA system of records under both the FOIA and the PA to provide the requester with the greatest degree of access to the requester. Such information may be withheld only if it is exempt from access under both laws; if the information is exempt under only one of the laws, it must be released.

    (b) Although no particular format is required, a request must reasonably describe the Department records that are sought. To the extent that requests are specific and include all pertinent details about the requested information, it will be easier for the Department to locate responsive records. For FOIA requests, such details include the subject, timeframe, names of any individuals involved, a contract number (if applicable), and reasons why the requester believes the Department may have records on the subject of the request.

    (c) While every effort is made to guarantee the greatest possible access to all requesters regardless of the statute(s) under which the information is requested, the following guidance is provided for the benefit of requesters:

    (1) The Freedom of Information Act applies to requests for records concerning the general activities of government and of the Department in particular (see subpart B of this Part).

    (2) The Privacy Act applies to requests from U.S. citizens or legal permanent resident aliens for records that pertain to them that are maintained by the Department in a system of records retrievable by the individual's name or personal identifier (see subpart C of this Part).

    (d) As a general matter, information access requests are processed in the order in which they are received. However, if the request is specific and the search can be narrowed, it may be processed more quickly. Additionally, FOIA requests granted expedited processing will be placed in the expedited processing queue (see section 171.11(f) of this Part for more information). Multi-tracking of FOIA requests is also used to manage requests (see section 171.11(h)).

    § 171.5 Archival records.

    The Department ordinarily transfers records designated as historically significant to the National Archives when they are 25 years old. Accordingly, requests for some Department records 25 years old or older should be submitted to the National Archives by mail addressed to Special Access and FOIA Staff (NWCTF), 8601 Adelphi Road, Room 5500, College Park, MD 20740; by fax to (301) 837-1864; or by email to [email protected]. The Department's Web site, www.foia.state.gov, has additional information regarding archival records.

    Subpart B—Freedom of Information Act Provisions
    § 171.10 Purpose and scope.

    This subpart contains the rules that the Department follows under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. The rules should be read together with the FOIA, which provides additional information about access to records and contains the specific exemptions that are applicable to withholding information, the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines), and information located at www.foia.state.gov. The Department processes records maintained in a Privacy Act (PA) system of records that are determined to be exempt from disclosure under the PA under the FOIA as well. As a result, requests that seek such records are also subject to this subpart.

    § 171.11 Processing requests.

    (a) In general. The Director of the Office of Information Programs and Services (IPS) is responsible for initial action on all FOIA requests for Department records with two exceptions: Requests submitted directly to the Office of Inspector General (OIG), which receives and processes requests for OIG records; and the Office of Passport Services in the Bureau of Consular Affairs (PPT), which receives and processes requests for passport records (see section 171.4(a)). Once received by IPS, all requests for records coming under the jurisdiction of the following bureaus or offices are processed by those bureaus, although IPS may provide review and coordination support to these bureaus/offices in some situations: The Bureau of Consular Affairs' Office of Visa Services, Office of Passport Services (except for information identified in 171.4(a)), and Office of Overseas Citizens Services; the Bureau of Diplomatic Security; the Bureau of Human Resources; the Office of Medical Services; and the Foreign Service Grievance Board (FSGB). Additionally, the FSGB, as an independent body, processes all FOIA requests seeking access to its records and responds directly to requesters.

    (b) Definitions. The following definitions apply for purposes of this section:

    (1) Control means the Department's legal authority over a record, taking into account the ability of the Department to use and dispose of the record, the intent of the record's creator to retain or relinquish control over the record, the extent to which Department personnel have read or relied upon the record, and the degree to which the record has been integrated into the Department's record-keeping systems or files.

    (2) Urgently needed information. The information has a particular value that will be lost if not disseminated quickly. Ordinarily this means a breaking news story of general public interest. Information of historical interest only or information sought for litigation or commercial activities would not generally qualify, nor would a news media publication or broadcast deadline unrelated to the breaking nature of the story.

    (3) Actual or alleged Federal government activity. The information concerns actual or alleged actions taken or contemplated by the government of the United States, or by one of its components or agencies, including the Congress.

    (4) Unusual circumstances means:

    (i) The need to search for and collect the requested records from Foreign Service posts or Department offices other than IPS; (ii) the need to search for, collect, and appropriately examine a voluminous amount of distinct records; or

    (iii) The need to consult with another agency or other agencies that has/have a substantial interest in the records, or among two or more Department components that have a substantial subject-matter interest therein. In the majority of requests received by the Department unusual circumstances exist due to the need to search in multiple bureaus/offices/posts located around the globe.

    (c) Form of request and response. A requester may ask for any information he or she believes the Department has in its possession or control. The requester must describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort. The more specific the information the requester furnishes, the more likely that Department personnel will be able to locate responsive records if they exist. Any records provided in response to a request shall be provided in the form or format requested if the records are readily reproducible in that form or format.

    (d) Agreement to pay fees. By making a FOIA request, the requester shall be considered to have agreed to pay all applicable fees up to $25, unless a fee waiver is granted. IPS will confirm this agreement in an acknowledgement letter. When making a request, the requester may specify a willingness to pay a greater or lesser amount. If the Department determines that costs and fees will exceed the amount agreed to by the requester, the Department shall inform the requester of estimated fees and process up to the amount of the original agreement, unless a new agreement is made.

    (e) Receipt of request. The Department is in receipt of a request when it reaches IPS, OIG, or PPT, depending on which office is the intended recipient. At that time, the Department (IPS, OIG, or PPT) has 20 working days in which to determine whether to comply with a perfected request. Regardless of which of the three offices authorized to receive FOIA requests receives the request (whether IPS, OIG, or PPT), the Department shall have no more than 10 working days to direct a request to the appropriate office (whether IPS, OIG, or PPT), at which time the 20-day limit for responding to the request will commence. The 20-day period shall not be tolled by the Department except:

    (1) The Department may make one request to the requester for clarifying information and toll the 20-day period while waiting for the requester's response; or

    (2) If necessary to clarify with the requester issues regarding fees. In either case, the Department's receipt of the information from the requester ends the tolling period.

    (f) Expedited processing. Requests shall receive expedited processing when a requester demonstrates that a “compelling need” for the information exists. A “compelling need” is deemed to exist where the requester can demonstrate one of the following:

    (1) Failure to obtain requested information on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual.

    (2) The information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal government activity. Requesters must demonstrate that their primary activity involves publishing or otherwise disseminating information to the public in general, not just to a particular segment or group.

    (3) Failure to release the information would impair substantial due process rights or harm substantial humanitarian interests.

    (4) A request for expedited processing may be made at the time of the initial request for records or at any later time. The request for expedited processing shall set forth with specificity the facts on which the request is based. A notice of the determination whether to grant expedited processing shall be provided to the requester within 10 calendar days of the date of the receipt of the request in the appropriate office (whether IPS, OIG, or PPT). A denial of a request for expedited processing may be appealed to the Director of IPS within 30 calendar days of the date of the Department's letter denying the request. A decision in writing on the appeal will be issued within 10 calendar days of the receipt of the appeal. See section 171.4 of this subpart for contact information.

    (g) Time limits. The statutory time limit for responding to a FOIA request or to an appeal from a denial of a FOIA request is 20 working days. Whenever the statutory time limit for processing a request cannot be met because of “unusual circumstances” as defined in the FOIA, and the Department extends the time limit on that basis, the Department shall, before expiration of the 20-day period to respond, notify the requester in writing of the unusual circumstances involved and of the date by which processing of the request can be expected to be completed. See 22 CFR 171.11(b)(4). Where the extension exceeds 10 working days, the Department shall, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing. The Department shall make available its designated FOIA contact and its FOIA Public Liaison for this purpose.

    (h) Multi-track processing. The Department uses three processing tracks by distinguishing between simple and more complex requests based on the amount of work and/or time needed to process the request. The Department also uses a processing track for requests in which the Department has granted expedited processing. The Department may provide requesters in a slower track an opportunity to limit the scope of their request in order to qualify for faster processing.

    (i) Tracking requests. Requesters may contact IPS using the individualized tracking number provided to the requester in the acknowledgment letter, and the Department will provide, at a minimum, information indicating the date on which the agency received the request and an estimated date for completion.

    (j) Cut-off date. In determining which records are responsive to a request, the Department ordinarily will include only records in its possession as of the date of initiation of the search for responsive records, unless the requester has specified an earlier cut-off date.

    (k) Electronic records. Information maintained in electronic form shall be searched and compiled in response to a request unless such search and compilation would significantly interfere with the operation of the Department's automated information systems.

    (l) Segregation of records. The Department will release any reasonably segregable portion of a record after redaction of the exempt portions. The amount of information redacted and the exemption under which the redaction is made shall be indicated on the released portion of the record unless including that indication would harm an interest protected by the exemption. If technically feasible, the amount of information redacted and the exemption under which the redaction is made shall be indicated at the place in the record where the redaction was made.

    (m) Referrals and consultations. (1) If the Department determines that records retrieved as responsive to the request were created by another agency, it ordinarily will refer the records to the originating agency for direct response to the requester. If the Department determines that Department records retrieved as responsive to the request are of interest to another agency, it may consult with the other agency before responding to the request.

    (2) Whenever the Department refers any part of the responsibility for responding to a request to another agency, it shall document the referral, maintain a copy of the record that it refers, and notify the requester of the referral.

    (3) Agreements regarding consultations and referrals. The Department may make agreements with other agencies to eliminate the need for consultations or referrals for particular types of records.

    (4) The Department will make efforts to handle referrals and consultations according to the date that the referring agency initially received the FOIA request .

    (5) The standard referral procedure is not appropriate where disclosure of the identity of the agency to which the referral would be made could harm an interest protected by an applicable exemption, such as the exemptions that protect personal privacy or national security interests. In such instances, the Department will coordinate with the originating agency to seek its views on the disclosability of the record(s).

    (n) Requests for information about individuals to be processed under the FOIA—(1) First-party requests. A first-party request is one that seeks access to information pertaining to the person making the request.

    (2) Verification of personal identity. To protect the personal information found in its files, the Department recommends that first-party requesters provide the following information so that the Department can ensure that records are disclosed only to the proper persons: The requester's full name, current address, citizenship or legal permanent resident alien status, and date and place of birth (city, state, and country). A first-party request should be signed, and the requester's signature should be either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746 as a substitute for notarization.

    (3) Third-party requests. A third-party request is one that seeks access to information pertaining to a third party (i.e., an individual other than the person submitting the request). A third-party requester who is the legal representative of another person covered under the PA, and submits all requirements under subpart C, will be treated as a first-party requester.

    (i) A third-party requester may receive greater access to requested information by submitting information about the subject of the request that is set forth in subsection 171.11(n)(1), and providing proof that that third party is deceased or the third party's authorization to the Department to release information about him- or herself to the requester. The third-party authorization: Should take one of the following forms:

    (ii) A signed and notarized authorization by the third party; or

    (iii) A declaration by the third party made in compliance with the requirements set forth in 28 U.S.C. 1746 authorizing disclosure pertaining to the third party to the requester. The third-party authorization or declaration should be dated within six months of the date of the request. In addition, the Department's Certification of Identity form, DS-4240, can be used to provide authorization from a third party.

    (iv) Please note that if a requester is seeking information about a third party and the information is located in a PA system of records, the requester should review subpart C of this section. By providing verification of identity and authorization under that subpart, the third party is treated as a first party for processing purposes. Without providing the required information listed in that subpart, the request will still be processed under the FOIA procedures in subpart B.

    (4) Requests for visa information. According to the Immigration and Nationality Act, 222(f) (8 U.S.C. 1202(f)), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States. Other information found in the visa file, such as information submitted as part of the application and information not falling within section 222(f) or another FOIA exemption may be provided. In order to provide more information to requesters seeking visa records, the following information should be provided with the FOIA request for both the petitioner and the beneficiary: Full name, as well as any aliases used; current address; date and place of birth (including city, state, and country); the type of visa (immigrant or non-immigrant); the country and Foreign Service post where the visa application was made; when the visa application was made; and whether the visa application was granted or denied; and if denied, on what grounds. Providing additional information regarding the records sought will assist the Department in properly identifying the responsive records and in processing the request. In order to gain maximum access to any visa records that exist, attorneys or other legal representatives requesting visa information on behalf of a represented individual should submit a statement signed by both the petitioner and the beneficiary authorizing release of the requested visa information to the representative. Alternatively, the Department's form, DS-4240, may be used to certify the identity of the requester and to provide authorization from the petitioner and the beneficiary to release the requested information to the legal representative. Forms created by other Federal agencies will not be accepted.

    (5) Requests for passport records: All passport records requests must meet the requirements found in subpart C, section 171.22(d). If the PA requirements are not met, the requests will be processed under this subpart and access may be limited.

    § 171.12 Business information.

    (a) Definitions. The following definitions apply for purposes of this section:

    (1) Business information means commercial or financial or proprietary intellectual information obtained by the Department from a submitter that may be exempt from disclosure as privileged or confidential under Exemption 4 of the FOIA.

    (2) Submitter means any person or entity from which the Department obtains business information, directly or indirectly. The term includes corporations, partnerships, and sole proprietorships; state, local, and tribal governments; foreign governments, NGOs and educational institutions.

    (b) Designation of business information. A submitter of information must use good-faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers exempt from disclosure under FOIA Exemption 4. These designations will expire ten years after the date of the submission unless the submitter requests, and provides justification for, a longer designation period.

    (c) Notice to submitters. The Department shall provide a submitter with prompt written notice of a FOIA request that seeks its business information, or of an administrative appeal of a denial of such a request, whenever required under paragraph (d) of this section, except as provided in paragraph (e) of this section, in order to give the submitter an opportunity to object to disclosure of any specified portion of that information under paragraph (f) of this section. The notice shall either describe the information requested or include copies of the requested records or record portions containing the business information.

    (d) When notice is required. Notice shall be given to a submitter whenever:

    (1) The information has been designated in good faith by the submitter as information considered exempt from disclosure under Exemption 4; or

    (2) The Department has reason to believe that the information may be exempt from disclosure under Exemption 4, but has not yet determined whether the information is protected from disclosure under that exemption or any other applicable exemption.

    (e) When notice is not required. The notice requirements of paragraphs (c) and (d) of this section shall not apply if:

    (1) The Department determines that the information is exempt from disclosure;

    (2) The information lawfully has been published or has been officially made available to the public;

    (3) Disclosure of the information is required by statute (other than the FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600; or

    (4) The designation made by the submitter under paragraph (b) of this section appears obviously frivolous, except that, in such a case, the Department shall, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information.

    (f) Opportunity to object to disclosure. The Department will allow a submitter a reasonable time to respond to the notice described in paragraph (c) of this section and will specify that time period in the notice. If a submitter has any objections to disclosure, it should provide the component a detailed written statement that specifies all grounds for withholding the particular information under any exemption of the FOIA. In order to rely on Exemption 4 as basis for nondisclosure, the submitter must explain why the information constitutes a trade secret or commercial or financial information that is privileged or confidential. In the event that a submitter fails to respond to the notice within the time specified in it, the submitter will be considered to have no objection to disclosure of the information. Information provided by a submitter under this paragraph may itself be subject to disclosure under the FOIA.

    (g) Notice of intent to disclose. The Department shall consider a submitter's objections and specific grounds for nondisclosure in deciding whether to disclose business information. Whenever the Department decides to disclose business information over the objection of a submitter, it shall give the submitter written notice, which shall include:

    (1) A statement of the reason(s) why each of the submitter's disclosure objections was not sustained;

    (2) A description of the business information to be disclosed; and

    (3) A specified disclosure date, which shall be a reasonable time subsequent to the notice.

    (h) Notice of lawsuit. Whenever a requester files a lawsuit seeking to compel the disclosure of business information, the Department shall promptly notify the submitter.

    (i) Notice to requester. Whenever the Department provides a submitter with notice and an opportunity to object to disclosure under paragraph (f) of this section, the Department shall also notify the requester. Whenever the Department notifies a submitter of its intent to disclose requested business information under paragraph (g) of this section, the Department shall also notify the requester. Whenever a submitter files a lawsuit seeking to prevent the disclosure of business information, the Department shall notify the requester.

    § 171.13 Appeal of denial of request for records.

    (a) Any denial, in whole or in part, of a request for Department records under the FOIA may be administratively appealed to the Appeals Review Panel of the Department. This appeal right includes the right to appeal the determination that no records responsive to the request exist in Department files. Appeals must be postmarked within 60 calendar days of the date of the Department's denial letter and sent to: Appeals Officer, Appeals Review Panel, Office of Information Programs and Services, at the address set forth in section 171.4 of this part, or faxed to (202) 261-8571. The time limit for a response to an appeal is 20 working days, which may be extended in unusual circumstances, as defined in 171.11(b). The time limit begins to run on the day the appeal is received by IPS.

    (b) Requesters may decide to litigate a request that is in the appeal stage. Once a summons and complaint is received by the Department in connection with a particular request, the Department will administratively close any open appeal regarding such request.

    (c) Requesters should submit an administrative appeal, to IPS at the above address, of any denial, in whole or in part, of a request for access to FSGB records under the FOIA. IPS will assign a tracking number to the appeal and forward it to the FSGB, which is an independent body, for adjudication.

    (d) Decisions on appeals. A decision on an appeal must be made in writing. A decision that upholds the Department's determination will contain a statement that identifies the reasons for the affirmance, including any FOIA and Privacy Act exemptions applied. The decision will provide the requester with notification of the statutory right to file a lawsuit and will inform the requester of the mediation services offered by the Office of Government Information Services of the National Archives and Records Administration as a non-exclusive alternative to litigation. If the Department's decision is remanded or modified on appeal, the requester will be notified of that determination in writing. The Department will thereafter further process the request in accordance with that appeal determination and respond directly to the requester.

    § 171.14 Fees to be charged.

    (a) In general. The Department shall charge fees that recoup the full allowable direct costs it incurs in processing a FOIA request in accordance with the provisions of this part and with the OMB Guidelines. It shall use the most efficient and least costly methods to comply with requests for records made under the FOIA. The Department will not charge fees to any requester, including commercial use requesters, if the cost of collecting a fee would be equal to or greater than the fee itself.

    (b) Definitions. The following definitions apply for purposes of this section:

    (1) Direct costs are those costs the Department incurs in searching for, duplicating, and, in the case of commercial use requests, reviewing records in response to a FOIA request. The term does not include overhead expenses.

    (2) Search costs are those costs the Department incurs in looking for, identifying, and retrieving material, in paper or electronic form, that is potentially responsive to a request. The Department shall attempt to ensure that searching for material is done in the most efficient and least expensive manner so as to minimize costs for both the Department and the requester. The Department may charge for time spent searching even if it does not locate any responsive record, or if it withholds the record(s) located as entirely exempt from disclosure. Further information on current search fees is available by visiting the FOIA home page at www.foia.state.gov and reviewing the Information Access Guide.

    (3) Duplication costs are those costs the Department incurs in reproducing a requested record in a form appropriate for release in response to a FOIA request.

    (4) Review costs are those costs the Department incurs in examining a record to determine whether and to what extent the record is responsive to a FOIA request and the extent to which it may be disclosed to the requester, including the page-by-page or line-by-line review of material within records. It does not include the costs of resolving general legal or policy issues that may be raised by a request.

    (5) Categories of requesters. ”Requester fee category” means one of the categories in which a requester will be placed for the purpose of determining whether the requester will be charged fees for search, review, and duplication. “Fee waiver” (see section 171.16 of this subpart) means the waiver or reduction of processing fees that may be granted if the requester can demonstrate that certain statutory standards are satisfied. There are three categories of requesters: Commercial use requesters, distinct subcategories of non-commercial requesters (educational and non-commercial scientific institutions, representatives of the news media), and all other requesters.

    (i) A commercial use requester is a person or entity who seeks information for a use or purpose that furthers the commercial, trade, or profit interest of the requester or the person on whose behalf the request is made. In determining whether a requester belongs within this category, the Department will look at the way in which the requester intends to use the information requested. Commercial use requesters will be charged for search time, review time, and duplication in connection with processing their requests.

    (ii) Distinct subcategories of non-commercial requesters.

    (A) An educational institution requester is a person or entity who submits a request under the authority of a school that operates a program of scholarly research. A requester in this category must show that the records are not sought for a commercial use and are not intended to promote any particular product or industry, but rather are sought to further scholarly research of the institution. A signed letter from the chairperson on an institution's letterhead is presumed to be from an educational institution. A student seeking inclusion in this subcategory who makes a request in furtherance of the completion of a course of instruction is carrying out an individual research goal and does not qualify as an educational institution requester. See OMB Fee Guidelines, 52 FR at 10014. Educational institution requesters will not be charged for search and review time, and the first 100 pages of duplication will be provided free of charge.

    (1) Example 1. A request from a professor of geology at a university for records relating to soil erosion, written on letterhead of the Department of Geology, would be presumed to be from an educational institution.

    (2) Example 2. A request from the same professor of geology seeking drug information from the Food and Drug Administration in furtherance of a murder mystery he is writing would not be presumed to be an institutional request, regardless of whether it was written on institutional stationery.

    (B) A non-commercial scientific institution requester is a person or entity that submits a request on behalf of an institution that is not operated on a “commercial” basis and that is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry. Non-commercial scientific institution requesters will not be charged for search and review time, and the first 100 pages of duplication will be provided free of charge.

    (C) A representative of the news media is any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term news means information that is about current events or that would be of current interest to the public. News media include television or radio stations broadcasting to the public at large and publishers of periodicals (but only in those instances when they can qualify as disseminators of “news”) who make their products available to the general public. “Freelance” journalists shall be regarded as working for a news media entity if they can demonstrate a solid basis for expecting publication through that entity, such as by a contract or past publication record. These examples are not all-inclusive. A representative of the news media will not be charged for search and review time, and the first 100 pages of duplication will be provided free of charge.

    (iii) All other requesters are persons or entities that do not fall into the requester categories defined above. All other requesters will be provided the first two hours of search time and the first 100 pages of duplication free of charge, and will not be charged for review time.

    (c) Searches for responsive records. The Department charges the estimated direct cost of each search based on the average current salary rates of the categories of personnel doing the searches. Updated search and review fees are available at www.foia.state.gov

    (d) Manual (paper) and computer searches. For both manual and computer searches, the Department shall charge the estimated direct cost of each search based on the average current salary rates of the categories of personnel doing the searches.

    (e) Review of records. Only requesters who are seeking records for commercial use may be charged for time spent reviewing records to determine whether they are responsive, and if so, releasable. Charges may be assessed for the initial review only, i.e., the review undertaken the first time the Department analyzes the applicability of a specific exemption to a particular record or portion of a record

    (f) Duplication of records. Paper copies of records shall be duplicated at a rate of $0.15 per page. Other charges may apply depending on the type of production required. Where paper documents must be scanned in order to comply with a requester's preference to receive the records in an electronic format, the requester shall pay the direct costs associated with scanning those materials. For other forms of duplication, the Department shall charge the direct costs.

    (g) Other charges. The Department shall recover the full costs of providing services such as those below:

    (1) Sending records by special methods such as express mail, overnight courier, etc.

    (2) Providing records to a requester in a special format.

    (3) Providing duplicate copies of records already produced to the same requester in response to the same request.

    (h) Payment. Fees shall be paid by either personal check or bank draft drawn on a bank in the United States, or a postal money order. Remittances shall be made payable to the order of the Treasury of the United States and mailed to the Office of Information Programs and Services, U.S. Department of State, State Annex 2 (SA-2), 515 22nd Street NW., Washington, DC, 20522-8100. A receipt for fees paid will be given upon request.

    (i) When certain fees are not charged. The Department shall not charge search fees (or in the case of educational and non-commercial scientific institutions or representatives of the news media, duplication fees) when the Department fails to comply with any time limit under 5 U.S.C. 552(a)(6), unless unusual circumstances (see section 171.11(b) of this subpart) or exceptional circumstances exist. Exceptional circumstances cannot include a delay that results from a predictable agency workload of requests unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. See 5 U.S.C. 552(a)(6)(C). Apart from the stated provisions regarding waiver or reduction of fees, see 22 CFR 171.16, the Department retains the administrative discretion to not assess fees if it is in the best interests of the government to do so.

    § 171.15 Miscellaneous fee provisions.

    (a) Charging interest. The Department shall begin assessing interest charges on an unpaid bill starting on the 31st day following the day on which the bill was sent. The fact that a fee has been received by the Department within the thirty-day grace period, even if not processed, shall stay the accrual of interest. Interest will be at the rate prescribed in 31 U.S.C. 3717 and shall accrue from the date of the billing.

    (b) Charges for unsuccessful search or if records are withheld. The Department may assess charges for time spent searching, even if it fails to locate the records or if the records located are determined to be exempt from disclosure.

    (c) Advance payment. The Department may not require a requester to make an advance payment, i.e., payment before work is commenced or continued on a request, unless:

    (1) It estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250. In such a case, the Department shall notify the requester of the likely cost and obtain satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or shall, in its discretion, require an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment; or

    (2) A requester has previously failed to pay an assessed fee within 30 days of the date of its billing. In such a case, the Department shall require the requester to pay the full amount previously owed plus any applicable interest and to make an advance payment of the full amount of the estimated fee before the Department begins to process a new or pending request from that requester.

    (3) If a requester has failed to pay a fee properly charged by another U.S. government agency in a FOIA case, the Department may require proof that such fee has been paid before processing a new or pending request from that requester.

    (4) When the Department acts under paragraph (c)(1) or (2) of this section, the administrative time limits prescribed in the FOIA, 5 U.S.C. 552(a)(6) (i.e., 20 working days from receipt of initial requests and 20 working days from receipt of appeals, plus permissible extensions of these time limits), will begin only after the Department has received fee payments described in paragraphs (c)(1) and (c)(2) of this section.

    (d) Aggregating requests. When the Department reasonably believes that a requester, or a group of requesters acting in concert, has submitted multiple requests involving related matters solely to avoid payment of fees, the Department may aggregate those requests for purposes of assessing processing fees.

    (e) Effect of the Debt Collection Act of 1982, as amended. The Department shall comply with provisions of the Debt Collection Act, including disclosure to consumer reporting agencies and use of collection agencies, where appropriate, to effect repayment.

    (f) Itemization of charges. The Department shall, where possible, provide the requester with a breakdown of fees charged indicating how much of the total charge is for search, review, and/or duplication for each specific request.

    § 171.16 Waiver or reduction of fees.

    (a) Fees otherwise chargeable in connection with a request for disclosure of a record shall be waived or reduced where the requester seeks a waiver or reduction of fees and the Department determines, in its discretion, that disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

    (1) In deciding whether disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of operations or activities of the government, the Department shall consider all four of the following factors:

    (i) The subject of the request must concern identifiable operations or activities of the Federal Government, with a connection that is direct and clear, not remote or attenuated.

    (ii) Disclosure of the requested records must be meaningfully informative about government operations or activities in order to be “likely to contribute” to an increased public understanding of those operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not contribute to such understanding where nothing new would be added to the public's understanding.

    (iii) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public shall be considered. It shall be presumed that a representative of the news media will satisfy this consideration.

    (iv) The public's understanding of the subject in question must be enhanced by the disclosure to a significant extent.

    (2) In order to determine whether disclosure of the information is not primarily in the commercial interest of the requester, the Department will consider the following factors:

    (i) The existence and magnitude of a commercial interest, i.e., whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so,

    (ii) The primary interest in disclosure, i.e., whether disclosure is primarily in the commercial interest of the requester.

    (iii) Requests for purposes of writing a book, an article, or other publication will not be considered a commercial purpose.

    (b) The Department may refuse to consider waiver or reduction of fees for requesters from whom unpaid fees remain owed to the Department for another FOIA request.

    (c) Where only some of the records to be released satisfy the requirements for a waiver or reduction of fees, a waiver or reduction shall be granted for only those records.

    (d) Requests for a waiver or reduction of fees should be made when the request is first submitted to the Department and should address the criteria referenced above. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester shall be required to pay any costs incurred up to the date the fee waiver request was received.

    (e) A decision to refuse to waive or reduce fees may be appealed to the Director of IPS, within 30 calendar days of the date of the Department's refusal letter. See section 171.4 of this subpart for address information. A decision in writing on the appeal shall be issued within 30 working days of the receipt of the appeal.

    § 171.17 Resolving disputes.

    The Office of Government Information Services (OGIS) in the National Archives and Records Administration is charged with offering mediation services to resolve disputes between persons making FOIA requests and Federal agencies as a non-exclusive alternative to litigation. Additionally, the FOIA directs the Department's FOIA Public Liaison to assist in the resolution of disputes. The Department will inform requesters in its agency appeal response letter of services offered by OGIS and the FOIA Public Liaison. Requesters may reach the Department's FOIA Public Liaison at Office of Information Programs and Services, A/GIS/IPS/PP/LA, U.S. Department of State, Washington, DC 20522-8100, or at (202) 261-8484. Requesters may contact OGIS at Office of Government Information Services (OGIS), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001; at [email protected]; and at (202) 741-5770, or toll-free at (877) 684-6448.

    § 171.18 Preservation of records

    The Department shall preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 14 of the National Archives and Records Administration. Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.

    Subpart C—Privacy Act Provisions
    § 171.20 Purpose and scope.

    This subpart contains the rules that the Department follows under the Privacy Act of 1974 (PA), 5 U.S.C. 552a, as amended. These rules should be read together with the text of the statute, which provides additional information about records maintained on individuals. The rules in this subpart apply to all records in systems of records maintained by the Department that are retrieved by an individual's name or personal identifier. They describe the procedures by which individuals may request access to records about themselves, request amendment or correction of those records, and request an accounting of disclosures of those records by the Department. If any records retrieved pursuant to an access request under the PA are found to be exempt from access under that Act, they will be processed for possible disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. No fees shall be charged for access to or amendment of PA records.

    § 171.21 Definitions.

    As used in this subpart, the following definitions shall apply:

    (a) Individual means a citizen or a legal permanent resident alien (LPR) of the United States.

    (b) Maintain includes maintain, collect, use, or disseminate.

    (c) Record means any item, collection, or grouping of information about an individual that is maintained by the Department and that contains the individual's name or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or photograph.

    (d) System of records means a group of any records under the control of the Department from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual.

    § 171.22 Request for access to records.

    (a) In general. Requests for access to records under the PA must be made in writing and mailed to the Office of Information Programs and Service, the Office of Passport Services, or the Office of Inspector General at the addresses given in section 171.4 of this Part. The Director of the Office of Information Programs and Services (IPS) is responsible for acting on all PA requests for Department records except for requests received directly by the Office of Inspector General, which processes its own requests for information, and the Office of Passport Services within the Bureau of Consular Affairs which receives directly and processes its own PA requests for information as described in PA System of Record Notice 26. Once received by IPS, all processing of PA requests coming under the jurisdiction of the Bureau of Consular Affairs/Visa Services Office and Overseas Citizens Services, the Bureau of Diplomatic Security, the Bureau of Human Resources, the Office of Medical Services, and the Foreign Service Grievance Board (FSGB) are handled by those bureaus or offices instead of IPS.

    (b) Description of records sought. Requests for access should describe the requested record(s) in sufficient detail to permit identification of the record(s). At a minimum, requests should include the individual's full name (including maiden name, if appropriate) and any other names used, current complete mailing address, and date and place of birth (city, state and country). Helpful data includes the approximate time period of the record and the circumstances that give the individual reason to believe that the Department maintains a record under the individual's name or personal identifier, and, if known, the system of records in which the record is maintained. In certain instances, it may be necessary for the Department to request additional information from the requester, either to ensure a full search, or to ensure that a record retrieved does in fact pertain to the individual.

    (c) Verification of personal identity. The Department will require reasonable identification of individuals requesting records about themselves under the PA's access provisions to ensure that records are only accessed by the proper persons. Requesters must state their full name, current address, citizenship or legal permanent resident alien status, and date and place of birth (city, state, and country). The request must be signed, and the requester's signature must be either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746. If the requester seeks records under another name the requester has used, a statement, under penalty of perjury, that the requester has also used the other name must be included. Requesters seeking access to copies of the Passport Office's passport records must meet the requirements in 171.22(d).

    (d) Special requirements for passport records. Given the sensitive nature of passport records and their use, requesters seeking access to copies of the Passport Office's passport records under the PA must submit a letter that is either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746, which includes the full name at birth and any subsequent name changes of the individual whose records are being requested (if submitting the request on behalf of a minor, provide the representative's full name as well); the date and place of birth of the individual whose records are being requested; the requester's current mailing address; and, if available, daytime telephone number and email address; the date or estimated date the passport(s) was issued; the passport number of the person whose records are being sought, if known; and any other information that will help to locate the records. The requester must also include a clear copy of both sides of the requester's valid Government-issued photo identification, e.g., a driver's license.

    (e) Authorized third party access. The Department shall process all properly authorized third party requests, as described in this section, under the PA. In the absence of proper authorization from the individual to whom the records pertain, the Department will process third party requests under the FOIA. The Department's form, DS-4240, may be used to certify identity and provide third party authorization.

    (1) Parents and guardians of minor children. Upon presentation of acceptable documentation of the parental or guardian relationship, a parent or guardian of a U.S. citizen or LPR minor (an unmarried person under the age of 18) may, on behalf of the minor, request records under the PA pertaining to the minor. In any case, U.S. citizen or LPR minors may request such records on their own behalf.

    (2) Guardians. A guardian of an individual who has been declared by a court to be incompetent may act for and on behalf of the incompetent individual upon presentation of appropriate documentation of the guardian relationship.

    (3) Authorized representatives or designees. When an individual wishes to authorize another person or persons access to his or her records, the individual may submit, in addition to the identity verification information described in paragraph (c) or paragraph (d) of this section if the request is for passport records, a signed statement from the individual to whom the records pertain, either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746, giving the Department authorization to release records about the individual to the third party. The designated third party must submit identity verification information described in paragraph c. Third party requesters seeking access to copies of the Passport Office's records must submit a clear copy of both sides of a valid Government-issued photo identification (e.g., a driver's license) in addition to the other information described above.

    (f) Referrals and consultations. If the Department determines that records retrieved as responsive to the request were created by another agency, it ordinarily will refer the records to the originating agency for direct response to the requester. If the Department determines that Department records retrieved as responsive to the request are of interest to another agency, it may consult with the other agency before responding to the request. The Department may make agreements with other agencies to eliminate the need for consultations or referrals for particular types of records.

    (g) Records relating to civil actions. Nothing in this subpart entitles an individual to access to any information compiled in reasonable anticipation of a civil action or proceeding.

    (h) Time limits. The Department will acknowledge the request promptly and furnish the requested information as soon as possible thereafter.

    § 171.23 Request to amend or correct records.

    (a) An individual has the right to request that the Department amend a record pertaining to the individual that the individual believes is not accurate, relevant, timely, or complete.

    (b) Requests to amend records must be in writing and mailed or delivered to the Office of Information Programs and Services at the address given in section 171.4, with ATTENTION: PRIVACY ACT AMENDMENT REQUEST written on the envelope. IPS will coordinate the review of the request with the appropriate offices of the Department. The Department will require verification of personal identity as provided in section 171.22(c) before it will initiate action to amend a record. Amendment requests should contain, at a minimum, identifying information needed to locate the record in question, a description of the specific correction requested, and an explanation of why the existing record is not accurate, relevant, timely, or complete. The request must be signed, and the requester's signature must be either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746. The requester should submit as much pertinent documentation, other information, and explanation as possible to support the request for amendment.

    (c) All requests for amendments to records shall be acknowledged within 10 working days.

    (d) In reviewing a record in response to a request to amend, the Department shall review the record to determine if it is accurate, relevant, timely, and complete.

    (e) If the Department agrees with an individual's request to amend a record, it shall:

    (1) Advise the individual in writing of its decision;

    (2) Amend the record accordingly; and

    (3) If an accounting of disclosure has been made, advise all previous recipients of the record of the amendment and its substance.

    (f) If the Department denies an individual's request to amend a record, it shall advise the individual in writing of its decision and the reason for the refusal, and the procedures for the individual to request further review. See § 171.25.

    § 171.24 Request for an accounting of record disclosures.

    (a) How made. Except where accountings of disclosures are not required to be kept, as set forth in paragraph (b) of this section, an individual has a right to request an accounting of any disclosure that the Department has made to another person, organization, or agency of any record about an individual. This accounting shall contain the date, nature, and purpose of each disclosure as well as the name and address of the recipient of the disclosure. Any request for accounting should identify each particular record in question and may be made by writing directly to the Office of Information Programs and Services at the address given in § 171.4.

    (b) Where accountings not required. The Department is not required to keep an accounting of disclosures in the case of:

    (1) Disclosures made to employees within the Department who have a need for the record in the performance of their duties;

    (2) Disclosures required under the FOIA.

    § 171.25 Appeals of denials of PA requests and PA amendment requests.

    (a) If the Department denies a request for access to PA records, for amendment of such records, or for an accounting of disclosure of such records, the requester shall be informed of the reason for the denial and of the right to appeal the denial to the Appeals Review Panel. Any such appeal must be postmarked within 60 working days of the date of the Department's denial letter and sent to: Appeals Officer, Appeals Review Panel, Office of Information Programs and Services, at the address set forth in section 171.4.

    (b) Appellants should submit an administrative appeal of any denial, in whole or in part, of a request for access to FSGB records under the PA to IPS at the above address. IPS will assign a tracking number to the appeal and forward it to the FSGB, which is an independent body, for adjudication.

    (c) The Panel will decide appeals from denials of PA amendment requests within 30 business days, unless the Panel extends that period for good cause shown, from the date when it is received by the Panel.

    (d) Decisions on appeals will be made in writing, and appellants will receive notification of the decision. A reversal will result in reprocessing of the request in accordance with that decision. An affirmance will include a brief statement of the reason for the affirmance and will inform the appellant that the decision of the Panel represents the final decision of the Department and of the right to seek judicial review of the Panel's decision, when applicable.

    (e) If the Panel's decision is that a record shall be amended in accordance with the appellant's request, the Chairman shall direct the office responsible for the record to amend the record, advise all previous recipients of the record of the amendment and its substance (if an accounting of previous disclosures has been made), and so advise the individual in writing.

    (f) If the Panel's decision is that the amendment request is denied on appeal, in addition to the notification required by paragraph (d) of this section, the Chairman shall advise the appellant:

    (1) Of the right to file a concise Statement of Disagreement stating the reasons for disagreement with the decision of the Department;

    (2) Of the procedures for filing the Statement of Disagreement;

    (3) That any Statement of Disagreement that is filed will be made available to anyone to whom the record is subsequently disclosed, together with, at the discretion of the Department, a brief statement by the Department summarizing its reasons for refusing to amend the record;

    (4) That prior recipients of the disputed record will be provided a copy of any statement of disagreement, to the extent that an accounting of disclosures was maintained.

    (g) If the appellant files a Statement of Disagreement under paragraph (f) of this section, the Department will clearly annotate the record so that the fact that the record is disputed is apparent to anyone who may subsequently access the record. When the disputed record is subsequently disclosed, the Department will note the dispute and provide a copy of the Statement of Disagreement. The Department may also include a brief summary of the reasons for not amending the record. Copies of the Department's statement shall be treated as part of the individual's record for granting access; however, it will not be subject to amendment by an individual under these regulations.

    § 171.26 Exemptions.

    Systems of records maintained by the Department are authorized to be exempt from certain provisions of the PA under both general and specific exemptions set forth in the Act. In utilizing these exemptions, the Department is exempting only those portions of systems that are necessary for the proper functioning of the Department and that are consistent with the PA. Where compliance would not interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the Department or the OIG, in the sole discretion of the Department or the OIG, as appropriate. Records exempt under 5 U.S.C. 552a(j) or (k) by the originator of the record remain exempt if subsequently incorporated into any Department system of records, provided the reason for the exemption remains valid and necessary.

    (a) General exemptions. If exempt records are the subject of an access request, the Department will advise the requester of their existence and of the name and address of the source agency, unless that information is itself exempt from disclosure.

    (1) Individuals may not have access to records maintained by the Department that are maintained or originated by the Central Intelligence Agency under 5 U.S.C. 552a(j)(1).

    (2) In accordance with 5 U.S.C. 552a(j)(2), individuals may not have access to records maintained or originated by an agency or component thereof that performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of:

    (i) Information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status;

    (ii) Information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or

    (iii) Reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. The reason for invoking these exemptions is to ensure effective criminal law enforcement processes.

    (iii) Records maintained by the Department in the following systems of records are exempt from all of the provisions of the PA except paragraphs (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (e)(7), (e)(9), (e)(10), and (e)(11), and (i) of 5 U.S.C. 552a to the extent to which they meet the criteria of section (j)(2). The names of the systems correspond to those published in the Federal Register by the Department.

    Office of Inspector General Investigation Management System. STATE-53.

    Information Access Program Records. STATE-35.

    Risk Analysis and Management. STATE-78.

    Security Records. STATE-36.

    (b) Specific exemptions. Portions of the following systems of records are exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), and (4), (G), (H), and (I), and (f). The names of the systems correspond to those published in the Federal Register by the Department.

    (1) Exempt under 5 U.S.C. 552a(k)(1). Records contained within the following systems of records are exempt under this section to the extent that they are subject to the provisions of 5 U.S.C. 552(b)(1).

    Board of Appellate Review Records. STATE-02.

    Congressional Correspondence. STATE-43.

    Congressional Travel Records. STATE-44.

    Coordinator for the Combating of Terrorism Records. STATE-06.

    External Research Records. STATE-10.

    Extradition Records. STATE-11.

    Family Advocacy Case Records. STATE-75.

    Foreign Assistance Inspection Records. STATE-48.

    Human Resources Records. STATE-31.

    Information Access Programs Records. STATE-35.

    Intelligence and Research Records. STATE-15.

    International Organizations Records. STATE-17.

    Law of the Sea Records. STATE-19.

    Legal Case Management Records. STATE-21.

    Munitions Control Records. STATE-42.

    Overseas Citizens Services Records. STATE-05.

    Passport Records. STATE-26.

    Personality Cross Reference Index to the Secretariat Automated Data Index. STATE-28.

    Personality Index to the Central Foreign Policy Records. STATE-29.

    Personnel Payroll Records. STATE-30.

    Office of Inspector General Investigation Management System. STATE-53.

    Records of the Office of the Assistant Legal Adviser for International Claims and Investment Disputes. STATE-54.

    Risk Analysis and Management Records. STATE-78.

    Rover Records. STATE-41.

    Records of Domestic Accounts Receivable. STATE-23.

    Records of the Office of White House Liaison. STATE-34.

    Refugee Records. STATE-59.

    Security Records. STATE-36.

    Visa Records. STATE-39.

    (2) Exempt under 5 U.S.C. 552a(k)(2). Records contained within the following systems of records are exempt under this section to the extent that they consist of investigatory material compiled for law enforcement purposes, subject to the limitations set forth in (k)(2).

    Board of Appellate Review Records. STATE-02.

    Coordinator for the Combating of Terrorism Records. STATE-06.

    Extradition Records. STATE-11.

    Family Advocacy Case Records. STATE-75

    Foreign Assistance Inspection Records. STATE-48.

    Garnishment of Wages Records. STATE-61.

    Information Access Program Records. STATE-35.

    Intelligence and Research Records. STATE-15.

    Munitions Control Records. STATE-42.

    Overseas Citizens Services Records. STATE-05.

    Passport Records. STATE-26.

    Personality Cross Reference Index to the Secretariat Automated Data Index. STATE-28.

    Personality Index to the Central Foreign Policy Records. STATE-29.

    Office of Inspector General Investigation Management System. STATE-53.

    Risk Analysis and Management Records. STATE-78.

    Security Records. STATE-36.

    Visa Records. STATE-39.

    (3) Exempt under 5 U.S.C. 552a(k)(3). Records contained within the following systems of records are exempt under this section to the extent that they are maintained in connection with providing protective services pursuant to 18 U.S.C. 3056.

    Extradition Records. STATE-11.

    Information Access Programs Records. STATE-35.

    Intelligence and Research Records. STATE-15.

    Overseas Citizens Services Records. STATE-05.

    Passport Records. STATE-26.

    Personality Cross-Reference Index to the Secretariat Automated Data Index. STATE-28.

    Personality Index to the Central Foreign Policy Records. STATE-29.

    Security Records. STATE-36.

    Visa Records. STATE-39.

    (4) Exempt under 5 U.S.C. 552a(k)(4). Records contained within the following systems of records are exempt under this section to the extent that they are required by statute to be maintained and are used solely as statistical records.

    Foreign Service Institute Records. STATE-14.

    Human Resources Records. STATE-31.

    Information Access Programs Records. STATE-35.

    Overseas Citizens Services Records, STATE-05

    Personnel Payroll Records. STATE-30.

    Security Records. STATE-36.

    (5) Exempt under 5 U.S.C. 552a(k)(5). Records contained within the following systems of records are exempt under this section to the extent that they consist of investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that disclosure of such material would reveal the identity of a confidential informant.

    Records Maintained by the Office of Civil Rights. STATE-09.

    Foreign Assistance Inspection Records. STATE-48.

    Foreign Service Grievance Board Records. STATE-13.

    Human Resources Records. STATE-31.

    Information Access Programs Records. STATE-35.

    Legal Adviser Attorney Employment Application Records. STATE-20.

    Overseas Citizens Services Records. STATE-25.

    Personality Cross-Reference Index to the Secretariat Automated Data Index. STATE-28.

    Office of Inspector General Investigation Management System. STATE-53.

    Records of the Office of White House Liaison. STATE-34.

    Risk Analysis and Management Records. STATE-78.

    Rover Records. STATE-41.

    Security Records. STATE-36.

    Senior Personnel Appointments Records. STATE-47.

    (6) Exempt under 5 U.S.C. 552a(k)(6). Records contained within the following systems of records are exempt under this section to the extent that they consist of testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process.

    Foreign Service Institute Records. STATE-14.

    Human Resources Records. STATE-31.

    Information Access Programs Records. STATE-35.

    Records Maintained by the Office of Civil Rights. STATE-09

    Security Records. STATE-36.

    (7) Exempt under 5 U.S.C. 552a(k)(7). Records contained within the following systems of records are exempt under this section to the extent that they consist of evaluation material used to determine potential for promotion in the armed services, but only to the extent that such disclosure would reveal the identity of a confidential informant.

    Overseas Citizens Services Records. STATE-25.

    Human Resources Records. STATE-31.

    Information Access Programs Records. STATE-35.

    Personality Cross-Reference Index to the Secretariat Automated Data Index. STATE-28.

    Personality Index to the Central Foreign Policy Records. STATE-29.

    Subpart D—Process to Request Public Financial Disclosure Reports
    § 171.30 Purpose and scope.

    This subpart sets forth the process by which persons may request access to public financial disclosure reports filed with the Department in accordance with § 101 and § 103(l) of the Ethics in Government Act of 1978, 5 U.S.C. app. 101 and 103(l), as amended by Public Law 112-173, 126 Stat. 1310, Public Law 112-178, 126 Stat. 1408, and Public Law 113-7, 127 Stat. 438, and 5 CFR 2634.202. The retention, public availability, and improper use of these reports are governed by 5 U.S.C. app. 105 and 5 CFR 2634.603.

    § 171.31 Requests.

    Requests for access to public financial disclosure reports filed with the Department should be made by submitting a completed Office of Government Ethics request form, OGE Form 201, to [email protected] or the Office of the Assistant Legal Adviser for Ethics and Financial Disclosure, U.S. Department of State, 2201 C Street NW., Washington, DC 20520. The OGE Form 201 may be obtained by visiting http://www.oge.gov or writing to the address above.

    Dated: July 13, 2015. Joyce A. Barr, Assistant Secretary for Administration, Department of State.
    [FR Doc. 2015-17856 Filed 7-27-15; 8:45 am] BILLING CODE 4710-24-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket No. USCG-2015-0318] RIN 1625-AA00 Safety Zone; Turritella FPSO, Walker Ridge 551, Outer Continental Shelf on the Gulf of Mexico AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes a safety zone around the Turritella FPSO system, Walker Ridge 551 on the Outer Continental Shelf (OCS) in the Gulf of Mexico. The purpose of the safety zone is to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Placing a safety zone around the facility will significantly reduce the threat of allisions, collisions, security breaches, oil spills, releases of natural gas, and thereby protect the safety of life, property, and the environment.

    DATES:

    Comments and related material must be received by the Coast Guard on or before August 27, 2015.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2015-0318 using any one of the following methods:

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

    (2) Fax: 202-493-2251.

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

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

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this proposed rule, call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2138, [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register FPSO Floating Production Storage Offloading Vessel NPRM Notice of Proposed Rulemaking OCS Outer Continental Shelf USCG United States Coast Guard A. Public Participation and Request for Comments

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

    1. Submitting Comments

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

    To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0318] in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

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

    2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2015-0318) in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    3. Privacy Act

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

    4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a request for one by using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

    B. Basis and Purpose

    Under the authority provided in 14 U.S.C. 85, 43 U.S.C. 1333, and Department of Homeland Security Delegation No. 0170.1, Title 33, CFR part 147 permits the establishment of safety zones for facilities located on the OCS for the purpose of protecting life, property and the marine environment.

    Shell Exploration & Production Company requested that the Coast Guard establish a safety zone around the Turritella FPSO, which is a ship-shaped offshore production facility that stores crude oil in tanks located in its hull. It will attach to a moored turret buoy and move in a 360 degree arc around the position 26°25′38.74″ N., 90°48′45.34″ W. The turret buoy is detachable which allows the FPSO to disconnect while the buoy and turret drop below the water's surface to a predetermined depth. The FPSO has a capacity for storing 900,000 barrels of produced oil and is expected to be offloaded on a weekly basis via a floating hose that connects the FPSO to a shuttle tanker. During offloading operations, a shuttle tanker will connect its bow to the Turritella FPSO and its stern to an attendant tug that will assist with safety spacing and stability of the operations. The facility is manned with a crew of 120 people.

    The request for the safety zone was made due to safety concerns for both the personnel aboard the facility and the environment. Shell Exploration & Production Company indicated that it is highly likely that any allision with the facility would result in a catastrophic event. In evaluating this request, the Coast Guard explored relevant safety factors and considered several criteria, including but not limited to: (1) The level of shipping activity around the facility; (2) safety concerns for personnel aboard the facility; (3) concerns for the environment; (4) the likeliness that an allision would result in a catastrophic event based on proximity to shipping fairways, offloading operations, production levels, and size of the crew; (5) the volume of traffic in the vicinity of the proposed area; (6) the types of vessels navigating in the vicinity of the proposed area; and, (7) the structural configuration of the facility. For the purpose of safety zones established under 33 CFR part 147, the deepwater area is considered to be waters of 304.8 meters (1,000 feet) or greater depth extending to the limits of the Exclusive Economic Zone (EEZ) contiguous to the territorial sea of the United States and extending to a distance up to 200 nautical miles from the baseline from which the breadth of the sea is measured. Navigation in the vicinity of the safety zone primarily consists of large commercial shipping vessels, fishing vessels, cruise ships, tugs with tows and the occasional recreational vessel. The deepwater area also includes an extensive system of fairways.

    Results from a thorough and comprehensive examination of the criteria, IMO guidelines, and existing regulations warrant the establishment of the proposed safety zone. The proposed regulation would reduce significantly the threat of allisions, oil spills, and releases of natural gas and increase the safety of life, property, and the environment in the Gulf of Mexico by prohibiting entry into the zone unless specifically authorized by the Commander, Eighth Coast Guard District.

    C. Discussion of Proposed Rule

    Shell Exploration & Production Company requested a safety zone of 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy. The FPSO can swing in a 360 degree arc around the center point at 26°25′38.74″ N., 90°48′45.34″ W. If the FPSO detaches from the turret buoy, the safety zone of 500 meters (1640.4 feet) will be measured from the center point of the turret buoy. The request for the safety zone was made due to safety concerns for life and property on the facilities, their appurtenances, attending vessels and the environment. Shell Exploration & Production Company indicated that it is highly likely that any allision with the facility would result in a catastrophic event. In evaluating this request, the Coast Guard explored relevant safety factors and considered several criteria, including but not limited to, (1) the level of shipping activity around the facility, (2) safety concerns for personnel aboard the facility, (3) concerns for the environment, (4) the likeliness that an allision would result in a catastrophic event based on proximity to shipping fairways, offloading operations, production levels, and size of the crew, (5) the volume of traffic in the vicinity of the proposed area, (6) the types of vessels navigating in the vicinity of the proposed area, both related and unrelated to facility operations, and (7) the structural configuration of the facility.

    Results from a thorough and comprehensive examination of the criteria, IMO guidelines, and existing regulations warrant the establishment of a safety zone of 500 meters (1640.4 feet) around the facility. The proposed safety zone would restrict all vessels from entering into, transiting through, remaining in, or anchoring in the safety zone area. Vessels attending to, servicing, or working with the facility would be exempt from the restrictions in this proposed rule. This proposed safety measure reduces significantly the threat of allisions, collisions, oil spills, and releases of natural gas and increases the safety of life, property, and the environment in the Gulf of Mexico. Authorization to deviate from this proposed rule and transit through the safety zone may be requested from the Commander, Eighth Coast Guard District or a designated representative. Such deviation requests would be considered on a case-by-case basis.

    D. Regulatory Analyses

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

    1. Regulatory Planning and Review

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

    This rulemaking is not a significant regulatory action due to the location of the Turritella FPSO—on the Outer Continental Shelf—and its distance from both land and safety fairways. Additionally, the area covered by this proposed safety zone is limited in scope as it would encompass only the waters within 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy. The FPSO can swing in a 360 degree arc around the center point at 26°25′38.74″ N., 90°48′45.34″ W. If the FPSO detaches from the turret buoy, the safety zone of 500 meters (1640.4 feet) will be measured from the center point of the turret buoy. This is the area where the FPSO vessel operates and vessels servicing the FPSO transit and maneuver, presenting the area most vulnerable to risk of allusion or collision. Vessels traversing waters near the proposed safety zone will be able to safely travel around the zone using alternate routes. Exceptions to this proposed rule include vessels measuring less than 100 feet in length overall and not engaged in towing. Deviation to transit through the proposed safety zone may be requested. Such requests will be considered on a case-by-case basis and may be authorized by the Commander, Eighth Coast Guard District or a designated representative.

    2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities.

    This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor within the area extending 500 meters (1640.4 feet) from the outermost edges of the Turritella FPSO system located in Walker Ridge 551 on the OCS.

    This safety zone will not have a significant economic impact or a substantial number of small entities for the following reasons: Vessel traffic can pass safely around the safety zone using alternate routes. Based on the limited scope of the safety zone, any delay resulting from using an alternate route is expected to be minimal depending on vessel traffic and speed in the area. Deviation to transit through the proposed safety zone may be requested. Such requests will be considered on a case-by-case basis and may be authorized by the Commander, Eighth Coast Guard District or a designated representative.

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

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    4. Collection of Information

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

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism.

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

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

    8. Taking of Private Property

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

    9. Civil Justice Reform

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

    10. Protection of Children From Environmental Health Risks

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

    11. Indian Tribal Governments

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

    12. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

    13. Technical Standards

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

    14. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) 42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the establishment of a safety zone around an OCS facility to protect life, property and the marine environment. This proposed rule is categorical excluded from further review, under figure 2-1, paragraph (34)(g), of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and the Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 147 as follows:

    PART 147—SAFETY ZONES 1. The authority citation for part 147 continues to read as follows: Authority:

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

    2. Add § 147.863 to read as follows:
    § 147.863 Turritella FPSO System Safety Zone.

    (a) Description. The Turritella, a Floating Production, Storage and Offloading (FPSO) system is proposed to be installed in the deepwater area of the Gulf of Mexico at Walker Ridge 551. The FPSO can swing in a 360 degree arc around the center point of the turret buoy's swing circle at 26°25′38.74″ N, 90°48′45.34″ W, and the area within 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy is a safety zone. If the FPSO detaches from the turret buoy, the area within 500 meters (1640.4 feet) around the center point at 26°25′38.74″ N, 90°48′45.34″ W is a safety zone.

    (b) Regulation. No vessel may enter or remain in this safety zone except the following:

    (1) An attending vessel;

    (2) A vessel under 100 feet in length overall not engaged in towing; or

    (3) A vessel authorized by the Commander, Eighth Coast Guard District.

    Dated: June 7, 2015. David R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
    [FR Doc. 2015-18397 Filed 7-27-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900-AP08 Schedule for Rating Disabilities; Dental and Oral Conditions AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) proposes to amend the portion of the VA Schedule for Rating Disabilities (VASRD or rating schedule) that addresses dental and oral conditions. The purpose of these changes is to incorporate medical advances that have occurred since the last amendment, update current medical terminology, and provide clear evaluation criteria for application of this portion of the rating schedule. The proposed rule reflects advances in medical knowledge, recommendations from the Dental and Oral Conditions Work Group (Work Group), which is comprised of subject matter experts from both the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA), and comments from experts and the public gathered as part of a public forum. The public forum, focusing on revisions to the dental and oral conditions section of the VASRD, was held on January 25—26, 2011.

    DATES:

    Comments must be received by VA on or before September 28, 2015.

    ADDRESSES:

    Written comments may be submitted through www.regulations.gov; by mail or hand-delivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AP08—Schedule for Rating Disabilities; Dental and Oral Conditions.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll free number). In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Ioulia Vvedenskaya, Medical Officer, Part 4 VASRD Regulations Staff (211C), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)

    SUPPLEMENTARY INFORMATION:

    As part of VA's ongoing revision of the VA Schedule for Rating Disabilities (VASRD or rating schedule), VA proposes changes to 38 CFR 4.150, which pertains to dental and oral conditions. The proposed changes will (1) update the medical terminology of certain dental and oral conditions, (2) add medical conditions not currently in the rating schedule, and (3) refine evaluation criteria based on medical advances that have occurred since the last revision and current understanding of functional changes associated with or resulting from disease or injury (pathophysiology).

    Schedule of Ratings—Dental and Oral Conditions

    Section 4.150 currently lists 16 diagnostic codes encompassing conditions involving dental and oral injury or disease. VA proposes to revise these codes, through addition, removal, and other revisions to reflect current medical science, terminology, and functional impairment.

    VA proposes to add two notes at the beginning of § 4.150 to clarify updated medical terminology used later in the diagnostic codes. The first note would provide guidance to disability rating personnel regarding the evidence necessary to support the objective findings described in various diagnostic codes. The note states that, for VA compensation purposes, diagnostic imaging studies include, but are not limited to, conventional radiography (X-ray), computed tomography (CT), magnetic resonance imaging (MRI), positron emission tomography (PET), radionuclide bone scanning, or ultrasonography. The second note regards rating of residuals that, though part of the disease process for a dental or oral condition, cause functional incapacity which cannot be evaluated within the dental and oral conditions system. The note directs disability rating personnel to evaluate the particular functional impairment separately (e.g., loss of vocal articulation, loss of smell, loss of taste, neurological impairment, respiratory dysfunction, and other impairments), and then apply § 4.25 to combine the evaluation with those assigned under the schedule of ratings for dental and oral conditions.

    Diagnostic Code 9900, “Maxilla or Mandible, Chronic Osteomyelitis or Osteoradionecrosis of:”

    Current diagnostic code 9900 “Maxilla or mandible, chronic osteomyelitis or osteoradionecrosis of,” directs that such conditions be rated as chronic osteomyelitis under diagnostic code 5000. VA proposes to add osteonecrosis of the maxilla or mandible (jaw) as one of the diseases listed under diagnostic code 9900. Osteonecrosis of the jaw, commonly called ONJ, occurs when the jaw bone is exposed (not covered by the gums) and begins to deteriorate from a lack of bloodflow. Without adequate blood flow, the bone begins to weaken, break down, and die, which usually, causes pain. ONJ is associated with cancer treatments, infection, steroid use, or potent antiresorptive therapies that help prevent the loss of bone mass. Examples of potent antiresorptive therapies include bisphosphonates such as alendronate (Fosamax); risedronate (Actonel); and ibandronate (Boniva). While ONJ is linked with these conditions, it also can occur without clearly identifiable risk factors. Osteonecrosis of the Jaw, American College of Rheumatology http://www.rheumatology.org/practice/clinical/patients/diseases_and_conditions/onj.asp (last updated Sept. 2012). This proposed addition will facilitate assignment of appropriate disability evaluations to veterans who are suffering from osteonecrosis of the jaw (maxilla or mandible).

    Diagnostic Codes 9902 “Mandible, Loss of Approximately One-Half,” 9906 “Ramus, Loss of Whole or Part of,” and 9907 “Ramus, Loss of Less Than One-Half the Substance of, Not Involving Loss of Continuity”

    Current diagnostic codes 9902 “Mandible, loss of approximately one-half”; 9906 “Ramus, loss of whole or part of”; and 9907 “Ramus, loss of less than one-half the substance of, not involving loss of continuity” address impairments associated with various degrees of mandible loss. Loss of approximately one-half of the mandible, involving temporomandibular articulation, is currently evaluated at 50 percent; if temporomandibular articulation is not involved, it is evaluated at 30 percent. Loss of whole or part of the ramus, involving loss of temporomandibular articulation bilaterally, is currently evaluated at 50 percent; the same disability presented unilaterally is currently evaluated at 30 percent. Without loss of temporomandibular articulation, loss of whole or part of the ramus is evaluated at 30 percent bilaterally and 20 percent unilaterally. Loss of less than one-half the substance of the ramus, not involving loss of continuity, is currently evaluated at 20 percent bilaterally and 10 percent unilaterally.

    The mandible is viewed as a single functional unit that consists of the mandibular body and the mandibular rami. The anterior portion of the mandible, called the body, is horseshoe-shaped and runs horizontally. At the posterior ends of the body are two vertical extensions called rami (singular, ramus). The Work Group recognized that, because the ramus is a portion of the mandible, impairments of the ramus should be rated as impairments of the mandible as a whole. Therefore, proposed diagnostic code 9902, “Mandible, loss of, including ramus, unilaterally or bilaterally,” combines evaluations currently done under diagnostic codes 9902, 9906, and 9907 to better reflect the current understanding of anatomy, physiology, and disability due to the disease or injury of the mandible, including the rami. Furthermore, the disabling effect of the loss of different portions of the mandible has been combined in light of its anatomy and the usual reconstruction goals. The proposed rating criteria also reflect the function of the portions of the mandible, providing higher evaluations for the loss of the joint than for areas that do not disrupt continuity. Mehta R.P. et al., Mandibular Reconstruction in 2004: An Analysis of Different Techniques, http://www.ncbi.nlm.nih.gov/pubmed/15252248.

    The reconstruction of oromandibular defects (mandibular reconstruction) presents a significant surgical challenge. Mandibular deformities and defects may result from trauma, infections, prior radiation exposure, and neoplasms (tumors); most mandibular deformities result from surgical excision of tumors. The mandible plays a major role in airway protection and support of the tongue, lower dentition (teeth), and the muscles of the floor of the mouth permitting chewing, swallowing, speaking, and respiration. It also defines the contour of the lower third of the face. Interruption of mandibular continuity, therefore, produces both a cosmetic and functional deformity. The resulting dysfunction after loss of part of the mandible varies from minimal to major. In order to achieve successful mandibular reconstruction, the reconstructive surgeon must attempt to restore bony continuity and facial contour, maintain tongue mobility, and attempt to restore sensation to the affected areas. In addition, oral and dental rehabilitation postoperatively is important to improve the patient's ability to manipulate the food bolus, swallow, and articulate speech. Jesse E. Smith et al., Mandibular Plating, Medscape, http://emedicine.medscape.com/article/881542-overview (last updated Dec. 19, 2014).

    In light of these disabling effects of mandibular loss and advances in reconstruction of the oral cavity, VA proposes additional levels of disability to recognize greater functional impairment where mandibular loss cannot be replaced by prostheses. VA proposes a 70 percent evaluation for the loss of one-half or more of the mandible, involving temporomandibular articulation, where the loss is not replaceable by prosthesis. VA proposes a 50 percent evaluation for the same anatomical loss, where it is replaceable by prosthesis. VA proposes a 40 percent evaluation for the loss of one-half or more of mandible, not involving temporomandibular articulation, where the loss is not replaceable by prosthesis, and a 30 percent evaluation for the same anatomical loss, where it is replaceable by prosthesis. VA differentiates the evaluations involving one-half or more of the mandible, whether or not involving temporomandibular articulation, on the basis of whether or not they are replaceable by prosthesis because large, complex defects where a prosthesis is not suitable present greater functional and cosmetic impairments.

    VA proposes a 70 percent evaluation for the loss of less than one-half of the mandible, involving temporomandibular articulation, where the loss is not replaceable by prosthesis. VA proposes a 50 percent evaluation for the same anatomical loss, where it is replaceable by prosthesis. VA proposes a 20 percent evaluation for the loss of less than one-half of mandible, not involving temporomandibular articulation, where the loss is not replaceable by prosthesis, and a 10 percent evaluation for the same anatomical loss, where it is replaceable by prosthesis. VA differentiates the evaluations involving less than one-half of the mandible, whether or not involving temporomandibular articulation, on the basis of whether or not they are replaceable by prosthesis because large, complex defects where a prosthesis is not suitable present greater functional and cosmetic impairments.

    Consequently, VA proposes to delete existing diagnostic codes 9906 “Ramus, loss of whole or part of:” and 9907 “Ramus, loss of less than one-half the substance of, not involving loss of continuity:” while incorporating relevant evaluation criteria into revised diagnostic code 9902 “Mandible, loss of, including ramus, unilaterally or bilaterally.”

    Diagnostic Code 9903 “Mandible, Nonunion of, Confirmed by Diagnostic Imaging Studies:”

    Current diagnostic code 9903 addresses impairments associated with nonunion of the mandible. Severe and moderate nonunion of the mandible are currently rated at 30 percent and 10 percent, respectively, and evaluation is dependent upon the degree of motion and relative loss of masticatory function. However, the current rating criteria do not reflect modern medical terminology because a nonunion occurs when the mandible does not heal in an appropriate time frame and the result is mobility of the fracture segments present after an adequate healing phase. In addition, if the mandibular fragments are not immobilized properly immediately after fracture, or treatment is delayed, a fibrous union (i.e., nonunion) is formed and radiographic evidence is often needed to make this determination. Edward W. Chang et al., General Principles of Mandible Fracture and Occlusion, Medscape, http://emedicine.medscape.com/article/868375-overview (last updated Mar. 28, 2014).

    Therefore, VA proposes to re-title diagnostic code 9903 as “Mandible, nonunion of, confirmed by diagnostic imaging studies:” and base newly developed rating criteria on a better understanding of anatomy, physiology, and functional impairment of the mandibular nonunion. Under proposed diagnostic code 9903, mandibular nonunion would warrant a 30 percent evaluation with the presence of false motion, which is considered severe, or a 10 percent evaluation if there is no false motion, which is considered moderate. In addition, VA proposes to delete the note under current diagnostic code 9903.

    Diagnostic Code 9904 “Mandible, Malunion of:”

    Currently, malunion of mandible where severe, moderate, and slight displacement is present is rated at 20, 10, and 0 percent, respectively, and is dependent upon degree of motion and relative loss of masticatory function. However, the current rating criteria do not reflect modern medical terminology because malunion refers to improper alignment of the healed bony segments where the normal anatomic structure is not restored because of unsatisfactory reduction and the result is abnormal occlusion (i.e., open bite) and joint function. Edward W. Chang et al., General Principles of Mandible Fracture and Occlusion, Medscape, http://emedicine.medscape.com/article/868375-overview (last updated Mar. 28, 2014).

    Therefore, VA proposes to base newly developed rating criteria on a better understanding of anatomy, physiology, and functional impairment of the mandibular malunion. Under proposed diagnostic code 9904, mandibular malunion with displacement causing severe or moderate anterior or posterior open bite resulting in displacement would warrant 20 and 10 percent evaluations respectively. A 0 percent evaluation would be assigned for mandibular malunion resulting in displacement that does not cause anterior or posterior open bite. In addition, VA proposes to delete the note under diagnostic code 9904. The proposed rating criteria are based on measurable signs of functional impairment and incorporate all elements of disability evaluation in cases of mandibular malunion.

    Diagnostic Code 9905 “Temporomandibular Disorder.”

    Diagnostic code 9905 is currently titled “Temporomandibular articulation, limited motion of,” which represents outdated medical terminology. The term TMJ is actually an abbreviation for the longer anatomical term—temporomandibular joint. Unfortunately, over the years, the term TMJ has developed into a long misunderstood and yet commonly used acronym in the vocabulary of both doctors and patients alike. As a result of this common misappropriation of terminology, in the last several years there has been a concerted effort on the part of the medical profession to change the acronym to TMD (temporomandibular disorder) in an effort to more accurately reflect that which is more often being discussed. The American Association of Oral and Maxillofacial Surgeons (AAOMS) has recognized TMD as appropriate terminology for the group of disorders affecting the temporomandibular joint.

    VA proposes to retitle diagnostic code 9905 as “Temporomandibular disorder (TMD),” which is consistent with current medical terminology. TMD refers to a collection of medical and dental conditions affecting the temporomandibular joint and/or the muscles of mastication, as well as contiguous tissue components. Although specific etiologies such as degenerative arthritis and trauma underlie some TMD, as a group these conditions have no common etiology or biological explanation and comprise a diverse group of health problems whose signs and symptoms are overlapping, but not necessarily identical. Temporomandibular Disorders (TMD), American Academy of Orofacial Pain, https://s3.amazonaws.com/ClubExpressClubFiles/508439/documents/AAOP_Brochure_-_TMD_Revision_3-27-2014.pdf?AWSAccessKeyId=AKIAIB6I23VLJX7E4J7Q&Expires=1435244199&response-content-disposition=inline%3B%20filename%3DAAOP_Brochure_-_TMD_Revision_3-27-2014.pdf&Signature=Jb117XxOWMO%2FT5tFkXgZ9MobBG0%3D (last visited Jun. 25, 2015).

    Under current diagnostic code 9905, motion limitation for temporomandibular articulation is measured solely as loss of interincisal opening and lateral excursive distance, where ratings for limited interincisal movement are not combined with ratings for limited lateral excursion. Current diagnostic code 9905 provides for the following evaluations: A 40 percent evaluation with interincisal range from 0 to 10 mm (millimeters); a 30 percent evaluation with interincisal range from 11 to 20 mm; a 20 percent evaluation with interincisal range from 21 to 30 mm; a 10 percent evaluation with interincisal range from 31 to 40 mm; and a 10 percent evaluation with lateral excursion of 0 to 4 mm.

    The understanding of what constitutes disability due to TMD and how to quantify the contributory components has evolved. Charles F. Guardia et al., Temporomandibular Disorders, Medscape, http://emedicine.medscape.com/article/1143410-overview#showall (last updated Jan. 7, 2014). The Work Group developed rating criteria that takes into account restriction of diet and limitation of mouth opening in the evaluation of functional impairment due to TMD.

    In addition, VA proposes to revise the rating criteria according to the current indicators of normal range of mouth opening measured by vertical (inter-incisal) opening. Guidelines to the Evaluation of Impairment of the Oral and Maxillofacial Region, American Association of Oral and Maxillofacial Surgeons, http://www.astmjs.org/impairment.html. Under proposed diagnostic code 9905, 10 mm of maximum unassisted vertical opening with dietary restrictions to all mechanically altered foods would warrant a 50 percent evaluation; 10 mm of maximum unassisted vertical opening without dietary restrictions to mechanically altered foods would warrant a 40 percent evaluation; 20 mm of maximum unassisted vertical opening with dietary restrictions to all mechanically altered foods would warrant a 40 percent evaluation; 20 mm of maximum unassisted vertical opening without dietary restrictions to mechanically altered foods would warrant a 30 percent evaluation; 29 mm of maximum unassisted vertical opening with dietary restrictions to full liquid and pureed foods would warrant a 40 percent evaluation; 29 mm of maximum unassisted vertical opening with dietary restrictions to soft and semi-solid foods would warrant a 30 percent evaluation; 29 mm of maximum unassisted vertical opening without dietary restrictions to mechanically altered foods would warrant a 20 percent evaluation; 34 mm of maximum unassisted vertical opening with dietary restrictions to full liquid and pureed foods would warrant a 30 percent evaluation; 34 mm of maximum unassisted vertical opening with dietary restrictions to soft and semi-solid foods would warrant a 20 percent evaluation; 34 mm of maximum unassisted vertical opening without dietary restrictions to mechanically altered foods would warrant a 10 percent evaluation. VA proposes retaining the current criteria at 10 percent for lateral excursion limited to 0 to 4 mm, in addition to adding the 10 percent evaluation for 34 mm of maximum unassisted vertical opening without dietary restrictions to mechanically altered foods.

    The additional criteria were added to integrate the use of mechanically altered foods that allows for more accurate assessment of functional capacity in cases of temporomandibular disorder that requires texture-modified diets. Furthermore, properly prepared texture-modified diets can help improve or maintain the nutritional status of a patient who requires a texture-modified diet. Evidence-Based Nutrition Practice Guidelines and Evidence-Based Toolkits developed by the Academy of Nutrition and Dietics (formerly American Dietetic Association) defines mechanically altered foods as altered by blending, chopping, grinding or mashing so that they are easy to chew and swallow (i.e., full liquid, puree, soft and semisolid foods). Academy of Nutrition and Dietics, Level 2 Nutrition Therapy for Dysphagia: Mechanically Altered Foods, http://nutritioncaremanual.org/vault/editor/Docs/Level%202%20NT%20for%20Dysphagia_MechAltered.pdf (last visited Jun. 3, 2015).

    In addition to the existing note, VA proposes to add two notes under diagnostic code 9905 to provide comprehensive guidance to disability rating personnel. The existing note would be redesignated as Note (1). Note (2) would provide that the normal maximum unassisted range of vertical jaw opening is from 35 to 50 mm, which is based on current guidelines to the evaluation of impairment of the oral and maxillofacial region. Guidelines to the Evaluation of Impairment of the Oral and Maxillofacial Region, American Association of Oral and Maxillofacial Surgeons, http://www.astmjs.org/impairment.html (last visited Jun. 3, 2015). The guidance on consideration of texture-modified diets is provided in proposed note (3). Proposed note (3) would define “mechanically altered foods” as altered by blending, chopping, grinding or mashing so that they are easy to chew and swallow, specifically full liquid, puree, soft and semisolid foods. Finally, proposed note (3) instructs disability rating specialists that, in order to warrant a rating elevation based on mechanically altered foods, a physician must record or verify the use of texture-modified diets.

    Diagnostic Code 9911 “Hard Palate, Loss of:”

    Current diagnostic codes 9911 “Hard palate, loss of half or more:” and 9912 “Hard palate, loss of less than half of:” address loss of the hard palate. VA proposes to restructure the current rating criteria and combine evaluations presently done under these two codes into proposed diagnostic code 9911, titled “Hard palate, loss of:” for ease of use. No change to the evaluation criteria is proposed.

    Diagnostic Code 9916 “Maxilla, Malunion or Nonunion of:”

    Current diagnostic code 9916 addresses impairments associated with malunion or nonunion of maxilla. Currently, severe displacement due to malunion or nonunion of maxilla warrants a 30 percent evaluation, while moderate and slight displacement warrant 10 and 0 percent evaluations, respectively. However, the current criteria do not reflect modern medical terminology and do not take into account advances in the understanding of anatomy and physiology of maxillary fractures and its residuals. Kris S. Moe et al., Maxillary and Le Fort Fractures, Medscape, http://emedicine.medscape.com/article/1283568-overview (last updated Dec. 3, 2013).

    Therefore, VA proposes to restructure the rating criteria to recognize the various aspects of maxillary fractures and their functional outcomes. Specifically, in cases of nonunion, the mobility of the maxillary fracture segments is the key sign of nonunion; therefore, disability evaluations would be based on the presence or absence of false motion. In cases of malunion, improper alignment of the healed bony segments, which result in abnormal occlusion (i.e., open bite) and joint function, is the principal component of functional impairment due to maxillary malunion; therefore, disability evaluations would be based on the degree of displacement of bony segments, which cause various degrees of open bite.

    Under proposed diagnostic code 9916, maxillary nonunion with false motion present would warrant a 30 percent evaluation. A 10 percent evaluation would be assigned for maxillary nonunion without false motion.

    Under proposed diagnostic code 9916, maxillary malunion with displacement that causes severe or moderate anterior or posterior open bite would warrant 30 and 10 percent evaluations, respectively. A 0 percent evaluation would be assigned for maxillary malunion with displacement that causes mild anterior or posterior open bite. For the sake of clarity for disability rating personnel, VA proposes to insert a new note stating that, for VA compensation purposes, the severity of maxillary nonunion is dependent upon the degree of abnormal mobility of maxilla fragments following treatment (i.e., presence or absence of false motion), and that maxillary nonunion has to be confirmed by diagnostic imaging studies. Maxillary nonunion is difficult to diagnose without diagnostic imaging studies because fibrosis makes nonunions semi-stable and mimic healed bone upon physical examination. Thus, diagnostic imaging is necessary for a diagnosis of nonunion.

    New Diagnostic Codes

    VA also proposes to add two new diagnostic codes in order to account for impairment due to benign and malignant oral lesions (neoplasms). Nader Sadeghi et al., Malignant Tumors of the Palate, Medscape, http://emedicine.medscape.com/article/847807-overview (last updated Apr. 22, 2015). Surgical resections of benign and malignant tumors often create large defects accompanied by dysfunction and disfigurement, and radiation therapy produces significant morbidity and unique tissue-management problems. Therefore, disabilities resulting from various treatments for benign and malignant neoplasms shall be rated based on residuals such as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring.

    Proposed diagnostic code 9917, titled “Neoplasm, hard and soft tissue, benign,” directs that such conditions be rated as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring. Proposed diagnostic code 9918, titled “Neoplasm, hard and soft tissue, malignant,” directs that such conditions be rated at 100 percent. The note following diagnostic code 9918 would state that the rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedure and that, six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. The note would also state that any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of 38 CFR 3.105(e). Lastly, the note would direct rating personnel to evaluate based on residuals, such as loss of supporting structures and/or functional impairment due to scarring, if there has been no local recurrence or metastasis.

    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 not affect any small entities. Only certain VA beneficiaries could be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action,” which requires review by the Office of Management and Budget (OMB), 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 64.011, Veterans Dental Care, and 64.109, Veterans Compensation for Service-Connected Disability.

    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, approved this document on June 30, 2015, for publication.

    List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    Dated: July 9, 2015. William F. Russo, Acting Director, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, VA proposes to amend 38 CFR part 4, subpart B as set forth below:

    PART 4—SCHEDULE FOR RATING DISABILITIES 1. The authority citation for part 4 continues to read as follows: Authority:

    38 U.S.C. 1155, unless otherwise noted.

    Subpart B—Disability Ratings 2. Amend § 4.150 by revising the entries for diagnostic codes 9900, 9902-9905, 9911, 9916; adding Notes 1 and 2, diagnostic codes 9917 and 9918; and removing diagnostic codes 9906, 9907, and 9912.

    The revisions and addtions read as follows:

    § 4.150 Schedule of ratings—dental and oral conditions. Note (1): For VA compensation purposes, diagnostic imaging studies include, but are not limited to, conventional radiography (X-ray), computed tomography (CT), magnetic resonance imaging (MRI), positron emission tomography (PET), radionuclide bone scanning, or ultrasonography Note (2): Separately evaluate loss of vocal articulation, loss of smell, loss of taste, neurological impairment, respiratory dysfunction, and other impairments under the appropriate diagnostic code and combine under § 4.25 for each separately rated condition 9900 Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of: Rate as osteomyelitis, chronic under diagnostic code 5000 *         *         *         *         *         *         * 9902 Mandible loss of, including ramus, unilaterally or bilaterally: Loss of one-half or more, Involving temporomandibular articulation Not replaceable by prosthesis 70 Replaceable by prosthesis 50 Not involving temporomandibular articulation Not replaceable by prosthesis 40 Replaceable by prosthesis 30 Loss of less than one-half, Involving temporomandibular articulation Not replaceable by prosthesis 70 Replaceable by prosthesis 50 Not involving temporomandibular articulation Not replaceable by prosthesis 20 Replaceable by prosthesis 10 9903 Mandible, nonunion of, confirmed by diagnostic imaging studies: Severe, with false motion 30 Moderate, without false motion 10 9904 Mandible, malunion of: Displacement, causing severe anterior or posterior open bite 20 Displacement, causing moderate anterior or posterior open bite 10 Displacement, not causing anterior or posterior open bite 0 9905 Temporomandibular disorder (TMD). Interincisal range: 10 millimeters (mm) of maximum unassisted vertical opening With dietary restrictions to all mechanically altered food 50 Without dietary restrictions to mechanically altered foods 40 20 mm of maximum unassisted vertical opening With dietary restrictions to all mechanically altered foods 40 Without dietary restrictions to mechanically altered foods 30 29 mm of maximum unassisted vertical opening With dietary restrictions to full liquid and pureed foods 40 With dietary restrictions to soft and semi-solid foods 30 Without dietary restrictions to mechanically altered foods 20 34 mm of maximum unassisted vertical opening With dietary restrictions to full liquid and pureed foods 30 With dietary restrictions to soft and semi-solid foods 20 Without dietary restrictions to mechanically altered foods 10 Lateral excursion range of motion: 0 to 4 mm 10 Note (1): Ratings for limited interincisal movement shall not be combined with ratings for limited lateral excursion. Note (2): For VA compensation purposes, the normal maximum unassisted range of vertical jaw opening is from 35 to 50 mm. Note (3): For VA compensation purposes, mechanically altered foods are defined as altered by blending, chopping, grinding or mashing so that they are easy to chew and swallow. There are four levels of mechanically altered foods: full liquid, puree, soft, and semisolid foods. To warrant elevation based on mechanically altered foods, the use of texture-modified diets must be recorded or verified by a physician. *         *         *         *         *         *         * 9911 Hard palate, loss of: Loss of half or more, not replaceable by prosthesis 30 Loss of less than half, not replaceable by prosthesis 20 Loss of half or more, replaceable by prosthesis 10 Loss of less than half, replaceable by prosthesis 0 *         *         *         *         *         *         * 9916 Maxilla, malunion or nonunion of: Nonunion, with false motion 30 without false motion 10 Malunion, with displacement, causing severe anterior or posterior open bite 30 with displacement, causing moderate anterior or posterior open bite 10 with displacement, causing mild anterior or posterior open bite 0 Note: For VA compensation purposes, the severity of maxillary nonunion is dependent upon the degree of abnormal mobility of maxilla fragments (i.e., presence or absence of false motion), and maxillary nonunion must be confirmed by diagnostic imaging studies. 9917 Neoplasm, hard and soft tissue, benign. Rate as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring. 9918 Neoplasm, hard and soft tissue, malignant 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals such as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring. (Authority: 38 U.S.C. 1155)
    3. Amend Appendix A to Part 4 by revising the entries for diagnostic codes 9900, 9902, 9903, 9905, 9911, 9916; adding diagnostic codes 9904, 9917 and 9918; and removing diagnostic codes 9906, 9907, and 9912 to read as follows: Appendix A to Part 4—Table of Amendments and Effective Dates Since 1946 Sec. Diagnostic Code No. *         *         *         *         *         *         * *         *         *         *         *         *         * 9900 Criterion September 22, 1978; criterion February 17, 1994; title [effective date of final rule]. *         *         *         *         *         *         * 9902 Criterion February 17, 1994; evaluation [effective date of final rule]; title [effective date of final rule]. 9903 Criterion February 17, 1994; evaluation [effective date of final rule]; title [effective date of final rule]. 9904 Criterion [effective date of final rule]. 9905 Criterion September 22, 1978; evaluation February 17, 1994; evaluation [effective date of final rule]; title [effective date of final rule]. 9906 Removed [effective date of final rule]. 9907 Removed [effective date of final rule]. *         *         *         *         *         *         * 9911 Criterion and title [effective date of final rule]. 9912 Removed [effective date of final rule]. *         *         *         *         *         *         * 9916 Added February 17, 1994; criterion [effective date of final rule]. 9917 Added [effective date of final rule]. 9918 Added [effective date of final rule]. *         *         *         *         *         *         * 4. Amend Appendix B to Part 4 by revising the entries for diagnostic codes 9900, 9902, 9903, 9905, and 9911; adding 9917 and 9918; and removing 9906, 9907, and 9912.

    The revisions read as follows:

    Appendix B to Part 4—Numerical Index of Disabilities Diagnostic Code No. *         *         *         *         *         *         * DENTAL AND ORAL CONDITIONS 9900 Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of. *         *         *         *         *         *         * 9902 Mandible loss of, including ramus, unilaterally or bilaterally. 9903 Mandible, nonunion of, confirmed by diagnostic imaging studies. *         *         *         *         *         *         * 9905 Temporomandibular disorder (TMD). *         *         *         *         *         *         * 9911 Hard palate, loss of. *         *         *         *         *         *         * 9917 Neoplasm, hard and soft tissue, benign. 9918 Neoplasm, hard and soft tissue, malignant. *         *         *         *         *         *         * 5. Amend Appendix C to Part 4 by revising the entries for diagnostic codes 9900, 9902, 9903, 9905, and 9911; adding 9917 and 9918; and removing 9906, 9907, and 9912.

    The revisions and additions read as follows:

    Appendix C to Part 4—Alphabetical Index of Disabilities Diagnostic Code No. *         *         *         *         *         *         * Limitation of motion: Temporomandibular 9905 *         *         *         *         *         *         * Mandible: Including ramus, unilaterally or bilaterally 9902 *         *         *         *         *         *         * Loss of: Palate, hard 9911 *         *         *         *         *         *         * Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of 9900 *         *         *         *         *         *         * Neoplasms: Benign: *         *         *         *         *         *         * Hard and soft tissue 9917 *         *         *         *         *         *         * Malignant: *         *         *         *         *         *         * Hard and soft tissue 9918 *         *         *         *         *         *         * Nonunion: Mandible, confirmed by diagnostic imaging studies 9903 *         *         *         *         *         *         *
    [FR Doc. 2015-17266 Filed 7-27-15; 8:45 am] BILLING CODE 8320-01-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3017 [Docket No. RM2015-14; Order No. 2602] Procedures Related to Commission Views AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Proposed rulemaking.

    SUMMARY:

    The Commission is proposing rules which establish the Commission's process for developing views to the Secretary of State on certain international mail matters. The proposed rules focus on those proposals concerning international mail that could affect a market dominant rate or classification. The Commission invites public comment on the proposed rules.

    DATES:

    Comments are due: August 27, 2015. Reply comments are due: September 11, 2015.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. New Commission Responsibility Under the Postal Accountability and Enhancement Act (PAEA) III. The Proposed Rules IV. Section-by-Section Analysis V. Administrative Actions VI. Ordering Paragraphs I. Introduction

    This rulemaking addresses the Commission's process for developing views to the Secretary of State on certain international mail matters pursuant to 39 U.S.C. 407(c)(1).

    The Commission develops its views mainly in the context of the United States' membership in the Universal Postal Union (UPU), the Secretary of State's lead role in international mail matters, and UPU procedures for regulating international mail. For purposes of developing its views, the Commission focuses on those proposals that could affect a market dominant rate or classification.

    II. New Commission Responsibility Under the Postal Accountability and Enhancement Act (PAEA)

    Under section 407(c)(1) of the PAEA, the Secretary of State, before concluding a treaty, convention, or amendment establishing a market dominant rate or classification, shall request the Commission's views on the consistency of such rate or classification with modern rate-setting criteria.1 In the context of the UPU, the term “rate” typically refers to terminal dues.2

    1See Postal Accountability and Enhancement Act, Public Law 109-435, 120 Stat. 3198 (2006), section 405(a). 39 U.S.C. 407(c)(1) refers to a product subject to subchapter I of chapter 36 of the title 39, United States Code. A product subject to the referenced chapter is a market dominant product. Section 407(c)(1) also refers to the standards and criteria established by the Commission under section 3622. In this Order, the phrase “modern rate regulation” is used in place of statutory language referring to standards and criteria established pursuant to 39 U.S.C. 3622.

    2 Terminal dues are the fees paid among postal operators for the processing and delivery of inbound letters, large envelopes, and small packets weighing up to 4.4 pounds. They are set every 4 years by the UPU.

    Since enactment of the PAEA, the Secretary of State has requested—and the Commission has transmitted—its views on relevant proposals considered at two UPU Congresses.3 The Commission also has transmitted views to the Secretary of State on relevant proposals considered at the initial meeting of the Postal Operations Council following the 2008 and 2012 Congresses.4

    3 The first UPU Congress following enactment of the PAEA was held in July 2008 in Geneva, Switzerland; the second was held in September and October 2012 in Doha, Qatar.

    4 In addition, the Commission has posted supplemental views on its Web site.

    III. The Proposed Rules

    The development of the Commission's views entails review and analysis of numerous proposals, which typically are posted on the UPU Web site pursuant to a series of deadlines that begin about 6 months before a Congress convenes. In July 2012, based on an interest in obtaining public input, the Commission established a public inquiry docket to solicit comments on the general principles that should guide the development of its views in response to the anticipated request from the Secretary of State.5

    5See Docket No. PI2012-1, Order No. 1420, Notice Providing Opportunity to Comment on Development of Commission Views Pursuant to 39 U.S.C. 407(c)(1), July 31, 2012. Comments submitted in that docket are available on the Commission's Web site.

    The Commission proposes formalizing the general approach it adopted in 2012 by enacting rules providing for establishment of an umbrella public inquiry docket associated with each UPU Congress and related meetings. Each docket will be established on or about 150 days before the date the UPU Congress is scheduled to convene. This timeframe is designed to allow adequate time for commenters to prepare submissions (on general principles or on specific proposals, to the extent such proposals are available). It also should allow the Commission sufficient time to consider the comments and prepare its views.

    The proposed rules also reflect the Commission's commitment to having the public inquiry docket serve as a mechanism for handling related matters, such as informing the public about the availability of relevant proposals, the Commission's views, or other documents. It also allows available documents to be incorporated into one comprehensive record for improved public accessibility.

    The Commission proposes to establish comment deadlines on a docket-by-docket basis, consistent with timely submission of views to the Secretary of State. Due to time constraints, the Commission does not propose inviting reply comments. The Commission may suspend solicitation of comments if it determines that seeking comments would interfere with timely submission of Commission views.

    VI. Section-by-Section Analysis

    Proposed Rule 3017.1. This section sets out two definitions.

    Proposed Rule 3017.2. This section describes the purpose of the rules.

    Proposed Rule 3017.3. This section addresses the public inquiry docket.

    Proposed Rule 3017.4. This section addresses comment deadlines.

    Proposed Rule 3017.5. This section addresses the Commission's use of public comments.

    V. Administrative Actions

    The Commission establishes Docket No. RM2015-14 for consideration of matters raised in this Order. Pursuant to 39 U.S.C. 505, the Commission designates Laura Zuber to serve as an officer of the Commission (Public Representative) in this proceeding. The Commission invites public comment on the proposed rules. Initial comments are due no later than 30 days from the date of publication of this Order in the Federal Register. Reply comments are due no later than 45 days from the date of publication of this Order in the Federal Register.

    VI. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. RM2015-14 for consideration of the matters raised in this Order.

    2. Comments are due no later than 30 days after date of publication in the Federal Register. Reply comments are due no later than 45 days after date of publication in the Federal Register.

    3. Pursuant to 39 U.S.C. 505, the Commission appoints Laura Zuber to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket.

    4. The Secretary shall arrange for publication of this Order in the Federal Register.

    List of Subjects in 39 CFR Part 3017

    Administrative practice and procedure, International agreements, Postal Service.

    For the reasons discussed in the preamble, the Commission proposes to amend chapter III of title 39 of the Code of Federal Regulations as follows:

    1. Add part 3017 to read as follows: PART 3017—PROCEDURES RELATED TO COMMISSION VIEWS Sec. 3017.1 Definitions in this part. 3017.2 Purpose. 3017.3 Establishment and scope of public inquiry docket. 3017.4 Comment deadline(s). 3017.5 Commission discretion as to impact of public comments on its views. Authority:

    39 U.S.C. 407; 503.

    § 3017.1 Definitions in this part.

    (a) Modern rate regulation refers to the standards and criteria the Commission has established pursuant to 39 U.S.C. 3622.

    (b) Views refers to the opinion the Commission provides to the Secretary of State in the context of certain Universal Postal Union proceedings on the consistency of a proposal affecting a market dominant rate or classification with modern rate regulation.

    § 3017.2 Purpose.

    The rules in this part are intended to facilitate public participation in, and promote the transparency of, the development of Commission views.

    § 3017.3 Establishment and scope of public inquiry docket.

    (a) On or about 150 days before a Universal Postal Union Congress convenes, the Commission will establish a public inquiry docket to solicit comments on the general principles that should guide the Commission's development of views on relevant proposals, in a general way, and, if available, on specific relevant proposals.

    (b) The public inquiry docket established pursuant to paragraph (a) of this section may also include matters related to development of the Commission's views, such as the availability of relevant proposals, Commission views, other documents, or related actions.

    (c) The Commission shall arrange for publication in the Federal Register of the notice establishing each public inquiry docket authorized under this part.

    § 3017.4 Comment deadline(s).

    (a) The Commission shall establish a deadline for public comments upon establishment of the public inquiry docket that is consistent with timely submission of the Commission's views to the Secretary of State. The Commission may establish other deadlines for public comments as appropriate.

    (b) The Commission may suspend or forego solicitation of public comments if it determines that such solicitation is not consistent with timely submission of Commission views to the Secretary of State.

    § 3017.5 Commission discretion as to impact of public comments on its views.

    The Commission will review timely filed comments prior to submitting its views to the Secretary of State.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2015-18425 Filed 7-27-15; 8:45 am] BILLING CODE 7710-FW-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0357; FRL 9931-32-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality Ordinance AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa. The purpose of these revisions is to update the Linn County Air Quality Ordinance, chapter 10. These proposed revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules.

    DATES:

    Comments on this proposed action must be received in writing by August 27, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2015-0357, by mail to Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219, at 913-551-7039, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Rules and Regulations section of this Federal Register, EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the technical support document that is included in the rulemaking docket. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant 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 action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules and Regulations section of this Federal Register.

    List of Subjects in 40 CFR Part 52

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

    Dated: July 17, 2015. Mark Hague, Acting Regional Administrator, Region 7.
    [FR Doc. 2015-18347 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0322; FRL-9931-12-Region 10] Approval and Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon Monoxide Limited Maintenance Plan AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a carbon monoxide Limited Maintenance Plan (LMP) for Grants Pass, submitted on April 22, 2015, by the State of Oregon as a revision to its State Implementation Plan (SIP). In accordance with the requirements of the Clean Air Act (CAA), the EPA is proposing to approve this SIP revision because it demonstrates that Grants Pass will continue to meet the carbon monoxide National Ambient Air Quality Standards (NAAQS) for a second 10-year period beyond re-designation, through 2025.

    DATES:

    Comments must be received on or before August 27, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R10-OAR-2015-0322, by any of the following methods:

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

    Email: [email protected]

    Mail: Lucy Edmondson, EPA Region 10, Office of Air, Waste and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle WA, 98101

    Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, Suite 900, Seattle WA, 98101. Attention: Lucy Edmondson, Office of Air, Waste and Toxics, AWT-150. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    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:

    Lucy Edmondson at (360) 753-9082, [email protected], or the above EPA, Region 10 address.

    SUPPLEMENTARY INFORMATION:

    For further information, please see the direct final rule, of the same title, which is located in the Rules section of this Federal Register. The EPA is simultaneously approving the State's SIP revision as a direct final rule without prior proposal because the EPA views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If the EPA receives no adverse comments, the EPA will not take further action on this proposed rule.

    If the EPA receives adverse comments, the EPA will withdraw the direct final rule and it will not take effect. The EPA will address all public comments in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    Dated: July 8, 2015. Dennis J. McLerran, Regional Administrator, Region 10.
    [FR Doc. 2015-18219 Filed 7-27-15; 8:45 am] BILLING CODE P
    80 144 Tuesday, July 28, 2015 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 22, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by August 27, 2015 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Animal and Plant Health Inspection Service

    Title: Domestic Quarantines.

    OMB Control Number: 0579-0088.

    Summary of Collection: Under the Plant Protection Act (7 U.S.C. 7701-7772) the Secretary of Agriculture is authorized to prohibit or restrict the importation, entry, or movement of plants and plant pests to prevent the introduction of plant pests into the United States or their dissemination within the United States. Plant Protection and Quarantine, a program within USDA's Animal and Plant Health Inspection Service, (APHIS) is responsible for implementing this Act and does so through the enforcement of its domestic quarantine regulations contained in title 7 of the Code of Federal Regulations, CFR part 301. Administering these regulations often requires APHIS to collect information from a variety of individuals who are involved in growing, packing, handling, transporting, plants and plant products. The information collected from these individuals is vital to helping ensure that injurious plant diseases and insect pests do not spread within the United States. Information to be collected is necessary to determine compliance with domestic quarantines. Federal/State domestic quarantines are necessary to regulate the movement of articles from infested areas to noninfested area. Collecting information requires the use of a number of forms and documents. APHIS will collect information using various forms and documents.

    Need and Use of the Information: APHIS will collect information by interviewing growers and shippers at the time the inspections are being conducted and by having growers and shippers of exported plants and plant products complete an application for a transit permit. Information is collected from the growers, packers, shippers, and exporters of regulated articles to ensure that the articles, when moved from a quarantined area, do not harbor injurious plant diseases and insect pests. The information obtained will be used to determine compliance with regulations and for issuance of forms, permits, certificates, and other required documents.

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

    Number of Respondents: 28,244.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 512,491.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-18417 Filed 7-27-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 22, 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), New Executive Office Building, 725 17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received by August 27, 2015. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Rural Housing Service

    Title: 7 CFR 1944-I, “Self-Help Technical Assistance Grants”.

    OMB Control Number: 0575-0043.

    Summary of Collection: Authorized under Public Law 90-448, section 523 of the “Housing Act of 1949,” this regulation sets forth the policies and procedures and delegates the authority for providing technical assistance funds to eligible applicants to finance programs of technical and supervisory assistance for the Mutual and Self-Help Housing (MSH) program. The MSH program affords very low and low-income families the opportunity for home ownership by constructing their own homes. The MSH program provides funds to non-profit organizations for supervisory and technical assistance to the homebuilding families. Three types of funds are available under the MSH program: (1) Technical assistance grants, (2) Pre-development grants and (3) Site option loans.

    Need and Use of the Information: Rural Housing Service (RHS) will collect information from non-profit organizations that want to develop a Self-Help program in their area to increase the availability of affordable housing. The information is collected at the local, district and state levels. The information requested by RHS includes financial and organizational information about the non-profit organization. RHS needs this information to determine if the organization is capable of successfully carrying out the requirements of the Self-Help program. The information is collected on an as requested or needed basis. RHS has reviewed the program's need for the collection of information versus the burden placed on the public.

    Description of Respondents: Not-for-profit institutions; State, Local or Tribal Government.

    Number of Respondents: 105.

    Frequency of Responses: Recordkeeping; Reporting: Monthly, Annually.

    Total Burden Hours: 3,284.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-18416 Filed 7-27-15; 8:45 am] BILLING CODE 3410-XV-P
    DEPARTMENT OF AGRICULTURE Forest Service Forest Resource Coordinating Committee Meeting AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Forest Resource Coordinating Committee (Committee) will meet in Washington, DC. The Committee is authorized under Section 8005 of the Food, Conservation, and Energy Act of 2008 (the Act) (Pub. L. 110-246). Additional information concerning the Committee, including the meeting agenda, supporting documents and minutes, can be found by visiting the Committee's Web site at http://www.fs.fed.us/spf/coop/frcc/.

    DATES:

    The meeting will be held on August 4 and 5, 2015, from 8 a.m. to 5 p.m. Eastern Daylight Time (EDT). The meeting is subject to cancellation. For status of the meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at the American Forest Foundation, 2000 M St. Suite 550 NW., Washington, DC. Members of the public should RSVP to facilitate entry into the American Forest Foundation. Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments placed on the Committee's Web site listed above.

    FOR FURTHER INFORMATION CONTACT:

    Andrea Bedell-Loucks, Forest Resource Coordinating Committee Designated Federal Officer, Cooperative Forestry Staff, by phone at 202-205-1190 or Laurie Schoonhoven, Forest Resource Coordinating Committee Program Coordinator, Cooperative Forestry Staff, by phone at 202-205-0929. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Hear updates on new and emerging private forest land topics;

    2. Prioritize recommendations; and

    3. Develop communication strategy.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should submit a request in writing by July 30, 2015 to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the Committee may file written statements with the Committee staff before August 1, 2015. Written comments and time requests for oral comments must be sent to Laurie Schoonhoven, 1400 Independence Ave. SW., mailstop 1123, Washington, DC 20250, or by email to [email protected] A summary of the meeting will be posted at http://www.fs.fed.us/spf/coop/frcc within 21 days after the meeting.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodations for access to the facility or proceedings by contacting the person listed under the For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Dated: July 22, 2015. Patricia Hirami, Associate Deputy Chief, State and Private Forestry.
    [FR Doc. 2015-18486 Filed 7-27-15; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Rural Business—Cooperative Service Inviting Rural Business Development Grant Program Applications for Grants To Provide Technical Assistance for Rural Transportation Systems AGENCY:

    Rural Business—Cooperative Service, USDA.

    ACTION:

    Initial notice.

    SUMMARY:

    This Notice is to invite applications for grants to provide technical assistance for rural transportation (RT) systems under the Rural Business Development Grant (RBDG) program pursuant to 7 CFR part 4280, subpart E, 2 CFR chapter IV and 2 CFR part 200 for fiscal year (FY) 2015. Funding shall be made available to qualified national organizations to provide technical assistance for rural transportation (RT) systems and for RT systems to Federally Recognized Native American Tribes' (FRNAT) (collectively “Programs”) from funds appropriated for the RBDG program. The Rural Business—Cooperative Service (RBS) will administer these awards under the RBDG program and 7 U.S.C. 1932(c) for FY 2015. This Notice is subject to the terms and funds for the Programs made available in the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) (FY 2015 appropriation).

    All applicants are responsible for any expenses incurred in developing their applications.

    DATES:

    Completed applications must be received in the USDA Rural Development State Office no later than 4:30 p.m. (local time) on August 27, 2015. Applications received at a USDA Rural Development State Office after that date will not be considered for FY 2015 funding.

    ADDRESSES:

    Submit applications in paper format to the USDA Rural Development State Office for the State where the project is located. A list of the USDA Rural Development State Office contacts can be found at: http://www.rurdev.usda.gov/StateOfficeAddresses.html.

    FOR FURTHER INFORMATION CONTACT:

    Specialty Programs Division, Business Programs, Rural Business-Cooperative Service, United States Department of Agriculture, 1400 Independence Avenue SW., MS 3226, Room 4204-South, Washington, DC 20250-3226, or call 202-720-1400. For further information on this Notice, please contact the USDA Rural Development State Office in the State in which the applicant's headquarters is located.

    SUPPLEMENTARY INFORMATION:

    Overview

    Solicitation Opportunity Title: Rural Business Development Grants.

    Announcement Type: Initial Announcement.

    Catalog of Federal Domestic Assistance Number: 10.351.

    Dates: Completed applications must be received in the USDA Rural Development State Office no later than 4:30 p.m. (local time) on August 27, 2015, to be eligible for FY 2015 grant funding. Applications received after this date will not be eligible for FY 2015 grant funding.

    A. Program Description

    1. Purpose of the Program. The purpose of this program is to improve the economic conditions of rural areas.

    2. Statutory Authority. This program is authorized under section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). Regulations are contained in 7 CFR part 4280, subpart E. The program is administered on behalf of RBS at the State level by the USDA Rural Development State Offices. Assistance provided to rural areas under the program may include the provision of on-site technical assistance to local and regional governments, public transit agencies, and related non-profit and for-profit organizations in rural areas; the development of training materials; and the provision of necessary training assistance to local officials and agencies in rural areas.

    Awards under the RBDG passenger transportation program will be made on a competitive basis using specific selection criteria contained in 7 CFR part 4280, subpart E, and in accordance with section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). Information required to be in the application package includes Standard Form (SF) 424, “Application for Federal Assistance;” RD 1940-20, “Request for Environmental Information;” Scope of Work Narrative; Income Statement; Balance Sheet or Audit for previous 3 years; AD-1047, “Debarment/Suspension Certification;” AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion;” AD-1049, “Certification Regarding Drug-Free Workplace Requirements;” SF LLL, “Disclosure of Lobbying Activities;” RD 400-1, “Equal Opportunity Agreement;” RD 400-4, “Assurance Agreement;” a letter stating Board authorization to obtain assistance. For the FRNAT grant, which must benefit FRNATs, at least 75 percent of the benefits of the project must be received by members of FRNATs. The project that scores the greatest number of points based on the RBDG selection criteria and the discretionary points will be selected for each grant.

    Applicants must be qualified national non-profit organizations with experience in providing technical assistance and training to rural communities Nation-wide for the purpose of improving passenger transportation service or facilities. To be considered “national,” RBS requires a qualified organization to provide evidence that it operates RT assistance programming Nation-wide. There is not a requirement to use the grant funds in a multi-State area. Grants will be made to qualified national non-profit organizations for the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities.

    3. Definition of Terms. The definitions applicable to this Notice are published at 7 CFR 4280.403.

    4. Application Awards. The Agency will review, evaluate, and score applications received in response to this Notice based on the provisions in 7 CFR 4280, subpart E and as indicated in this Notice. However, the Agency advises all interested parties that the applicant bears the burden in preparing and submitting an application in response to this Notice.

    B. Federal Award Information

    Type of Award: Grants.

    Fiscal Year Funds: FY 2015.

    Available Funds: Anyone interested in submitting an application for funding under this program is encouraged to consult the Rural Development Web Newsroom Web site at http://www.rd.usda.gov/newsroom/notices-solicitation-applications-nosas for funding information.

    Approximate Number of Awards: Two.

    Expected Amounts of Individual Awards and Amount of Funding per Federal Award: One single $502,000 grant and another single $250,000 grant for FRNAT's.

    Maximum Awards: A total of $502,000 will be awarded for technical assistance for rural transportation systems and a maximum of $250,000 for FRNATs.

    Award Date: Prior to September 30, 2015.

    Performance Period: October 1, 2015, through September 30, 2016.

    Renewal or Supplemental Awards: None

    C. Eligibility Information 1. Eligible Applicants

    To be considered eligible, an entity must be a qualified national non-profit organization serving rural areas as evidenced in its organizational documents and demonstrated experience, per 7 CFR part 4280, subpart E. Grants will be competitively awarded to qualified national non-profit organizations.

    The Agency requires the following information to make an eligibility determination that an applicant is a national non-profit organization. These applications must include, but are not limited to, the following:

    (a) An original and one copy of SF 424, “Application for Federal Assistance (For Non-construction);”

    (b) Copies of applicant's organizational documents showing the applicant's legal existence and authority to perform the activities under the grant;

    (c) A proposed scope of work, including a description of the proposed Project, details of the proposed activities to be accomplished and timeframes for completion of each task, the number of months duration of the Project, and the estimated time it will take from grant approval to beginning of Project implementation;

    (d) A written narrative that includes, at a minimum, the following items:

    (i) An explanation of why the Project is needed, the benefits of the proposed Project, and how the Project meets the grant eligible purposes;

    (ii) Area to be served, identifying each governmental unit, i.e., town, county, etc., to be affected by the Project;

    (iii) Description of how the Project will coordinate Economic Development activities with other Economic Development activities within the Project area;

    (iv) Businesses to be assisted, if appropriate, and Economic Development to be accomplished;

    (v) An explanation of how the proposed Project will result in newly created, increased, or supported jobs in the area and the number of projected new and supported jobs within the next 3 years;

    (vi) A description of the applicant's demonstrated capability and experience in providing the proposed Project assistance, including experience of key staff members and persons who will be providing the proposed Project activities and managing the Project;

    (vii) The method and rationale used to select the areas and businesses that will receive the service;

    (viii) A brief description of how the work will be performed, including whether organizational staff or consultants or contractors will be used; and

    (ix) Other information the Agency may request to assist it in making a grant award determination;

    (e) The latest 3 years of financial information to show the applicant's financial capacity to carry out the proposed work. If the applicant is less than 3 years old, at a minimum, the information should include all balance sheet(s), income statement(s) and cash flow statement(s). A current audited report is required if available;

    (f) Documentation regarding the availability and amount of other funds to be used in conjunction with the funds from RBDG;

    (g) A budget which includes salaries, fringe benefits, consultant costs, indirect costs, and other appropriate direct costs for the Project.

    2. Cost Sharing or Matching

    Matching funds are not required.

    3. Other

    Applications will only be accepted from qualified national non-profit organizations to provide technical assistance for rural transportation. There are no “responsiveness,” or “threshold” eligibility criteria for these grants. There is no limit on the number of applications an applicant may submit under this announcement. In addition to the forms listed under program description, Form AD-3030 or AD 3031, “Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants,” must be completed in the affirmative.”

    None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

    None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

    4. Completeness Eligibility

    Applications will not be considered for funding if they do not provide sufficient information to determine eligibility or are missing required elements.

    D. Application and Submission Information 1. Address To Request Application Package

    For further information, entities wishing to apply for assistance should contact the USDA Rural Development State Office provided in the ADDRESSES section of this Notice to obtain copies of the application package.

    Applications must be submitted in paper format. Applications submitted to a Rural Development State Office must be received by the closing date and local time deadline.

    All applicants must have a Dun and Bradstreet Data Universal Numbering System (DUNS) number which can be obtained at no cost via a toll-free request line at (866) 705-5711 or at http://fedgov.dnb.com/webform. Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from the requirements under 2 CFR 25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR 25.110(d)) is required to: (i) Be registered in the System for Award Management (SAM) before submitting its application; (ii) provide a valid unique entity identifier in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

    2. Content and Form of Application Submission

    An application must contain all of the required elements. Each application received in a USDA Rural Development State Office will be reviewed to determine if it is consistent with the eligible purposes contained in section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). Each selection priority criterion outlined in 7 CFR 4280.435 must be addressed in the application. Failure to address any of the criteria will result in a zero-point score for that criterion and will impact the overall evaluation of the application. Copies of 7 CFR part 4280, subpart E, will be provided to any interested applicant making a request to a USDA Rural Development State Office.

    All projects to receive technical assistance through these passenger transportation grant funds are to be identified when the applications are submitted to the USDA Rural Development State Office. Multiple project applications must identify each individual project, indicate the amount of funding requested for each individual project, and address the criteria as stated above for each individual project.

    For multiple-project applications, the average of the individual project scores will be the score for that application.

    The applicant documentation and forms needed for a complete application are located in the PROGRAM DESCRIPTION section of this notice, and 7 CFR part 4280, subpart E. There are no specific formats required per this notice, and applicants may request forms and addresses from the ADDRESSES section of this notice.

    (a) There are no specific limitations on the number of pages or other formatting requirements other than those described in the PROGRAM DESCRIPTION section.

    (b) There are no specific limitations on the number of pages, font size and type face, margins, paper size, number of copies, and the sequence or assembly requirements.

    (c) The component pieces of this application should contain original signatures on the original application.

    (d) Since these grants are for technical assistance for transportation purposes, no additional information requirements other than those described in this notice and 7 CFR part 4280, subpart E.

    3. Submission Dates and Times

    (a) Application Deadline Date: No later than 4:30 p.m. (local time) September 28, 2015.

    Explanation of Deadlines: Applications must be in the USDA Rural Development State Office by the local deadline date and time as indicated above. If the due date falls on a Saturday, Sunday, or Federal holiday, the application is due the next business day.

    (b) The deadline date means that the completed application package must arrive and be received in the USDA Rural Development State Office by the deadline date established above. All application documents identified in this Notice are required.

    (c) If completed applications are not received by the deadline established above, the application will neither be reviewed nor considered under any circumstances. (d) The Agency will determine the application receipt date based on the actual date the U.S. Post Office delivers the completed application package.

    (e) This notice is for rural transportation technical assistance grants only and therefore, intergovernmental reviews are not required.

    (f) These grants are for rural transportation technical assistance grants only, no construction or equipment purchases are permitted. If the grantee has a previously approved indirect cost rate, it is permissible, otherwise, the applicant may elect to charge the 10 percent indirect cost permitted under 2 CFR 200.414(f) or request a determination of its Indirect Cost Rate. Due to the time required to evaluate Indirect Cost Rates, it is likely that all funds will be awarded by the time the Indirect Cost Rate is determined. No foreign travel is permitted. Pre-Federal award costs will only be permitted with prior written approval by the Agency.

    (g) Applicants must submit applications in hard copy format as previously indicated in the APPLICATION AND SUBMISSION INFORMATION section of this notice. If the applicant wishes to hand deliver its application, the addresses for these deliveries can be located in the ADDRESSES section of this notice.

    (h) If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    E. Application Review Information 1. Criteria

    All eligible and complete applications will be evaluated and scored based on the selection criteria and weights contained in 7 CFR 4280.435 and will select grantees subject to the grantees' satisfactory submission of the additional items required by 7 CFR part 4280, subpart E and the USDA Rural Development Letter of Conditions. Failure to address any one of the criteria by the application deadline will result in the application being determined ineligible, and the application will not be considered for funding. The amount of an RT grant may be adjusted, at RBS's discretion, to enable RBS to award RT grants to the applications with the highest priority scores in each category.

    2. Review and Selection Process

    The State Offices will review applications to determine if they are eligible for assistance based on requirements contained in 7 CFR 4280.416 and 4280.417. If determined eligible, your application will be submitted to the National Office. Funding of projects is subject to the applicant's satisfactory submission of the additional items required by that subpart and the USDA Rural Development Letter of Conditions. The Agency reserves the right to award additional discretionary points under 7 CFR 4280.435(k).

    In awarding discretionary points, the Agency scoring criteria regularly assigns points to applications that direct loans or grants to projects based in or serving census tracts with poverty rates greater than or equal to 20 percent. This emphasis will support Rural Development's mission of improving the quality of life for Rural Americans and commitment to directing resources to those who most need them.

    F. Federal Award Administration Information 1. Federal Award Notices

    Successful applicants will receive notification for funding from the USDA Rural Development State Office. Applicants must comply with all applicable statutes and regulations before the grant award will be approved. Unsuccessful applications will receive notification by mail.

    2. Administrative and National Policy Requirements

    Additional requirements that apply to grantees selected for this program can be found in 7 CFR 4280.408, 4280.410 and 4280.439. Awards are subject to USDA grant regulations at 2 CFR Chapter IV which incorporates the new Office of Management and Budget (OMB) regulations 2 CFR part 200.

    All successful applicants will be notified by letter which will include a letter of conditions, and a letter of intent to meet the conditions. This letter is not an authorization to begin performance. If the applicant wishes to consider beginning performance prior to the grant being officially closed, all pre-award costs must be approved in writing and in advance by the Agency. The grant will be considered officially awarded when all conditions in the letter of conditions have been met and the Agency obligates the funding for the project.

    Additional requirements that apply to grantees selected for this program can be found in 7 CFR part 4280, subpart E; the Grants and Agreements regulations of the U.S. Department of Agriculture codified in 2 CFR parts 400.1 to 400.18, and successor regulations to these parts.

    In addition, all recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive compensation (see 2 CFR part 170). You will be required to have the necessary processes and systems in place to comply with the Federal Funding Accountability and Transparency Act of 2006 (Pub.L. 109-282) reporting requirements (see 2 CFR 170.200(b), unless you are exempt under 2 CFR 170.110(b)). More information on these requirements can be found at http://www.rd.usda.gov/programs-services/value-added-producer-grants.

    The following additional requirements apply to grantees selected for this program:

    (a) Form RD 4280-2 “Rural Business and Cooperative Service Grant Agreement.”

    (b) Letter of Conditions.

    (c) Form RD 1940-1, “Request for Obligation of Funds.”

    (d) Form RD 1942-46, “Letter of Intent to Meet Conditions.”

    (e) Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.”

    (f) Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions.”

    (g) Form AD-1049, “Certification Regarding a Drug-Free Workplace Requirement (Grants).”

    (h) Form AD-3031, “Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants.” Must be signed by corporate applicants who receive an award under this Notice.

    (i) Form RD 400-4, “Assurance Agreement.”

    (j) SF LLL, “Disclosure of Lobbying Activities,” if applicable.

    (k) Use Form SF 270, “Request for Advance or Reimbursement.”

    3. Reporting

    (a) A Financial Status Report and a project performance activity report will be required of all grantees on a quarterly basis until initial funds are expended and yearly thereafter, if applicable, based on the Federal fiscal year. The grantee will cause the project to be completed within the total sums available to it in accordance with the Scope of Work and any necessary modifications thereof prepared by the grantee and approved by the Agency. A final project performance report will be required with the final Financial Status Report. The final report may serve as the last quarterly report. The final report must provide complete information regarding the jobs created and supported as a result of the grant if applicable. Grantees must continuously monitor performance to ensure that time schedules are being met, projected work by time periods is being accomplished, and other performance objectives are being achieved. Grantees must submit an original of each report to the Agency no later than 30 days after the end of the quarter. The project performance reports must include, but not be limited to, the following:

    (1) A comparison of actual accomplishments to the objectives established for that period;

    (2) Problems, delays, or adverse conditions, if any, which have affected or will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular project work elements during established time periods. This disclosure shall be accompanied by a statement of the action taken or planned to resolve the situation; and

    (3) Objectives and timetable established for the next reporting period.

    (4) Any special reporting requirements, such as jobs supported and created, businesses assisted, or economic development which results in improvements in median household incomes, and any other specific requirements, should be placed in the reporting section in the Letter of Conditions.

    (5) Within 90 days after the conclusion of the project, the grantee will provide a final project evaluation report. The last quarterly payment will be withheld until the final report is received and approved by the Agency. Even though the grantee may request reimbursement on a monthly basis, the last 3 months of reimbursements will be withheld until a final project, project performance, and financial status report are received and approved by the Agency.

    G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact your USDA Rural Development State Office provided in the ADDRESSES section of this Notice.

    H. Other Information Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act, the paperwork burden has been cleared by OMB.

    Federal Funding Accountability and Transparency Act

    All applicants, in accordance with 2 CFR part 25, must have a DUNS number, which can be obtained at no cost via a toll-free request line at (866) 705-5711 or online at http://fedgov.dnb.com/webform. Similarly, all applicants must be registered in the System for Award Management (SAM) prior to submitting an application. Applicants may register for the SAM at http://www.sam.gov. All recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive total compensation in accordance with 2 CFR part 170.

    I. Nondiscrimination

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

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

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

    Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email.

    Dated: June 10, 2015. Lillian E. Salerno, Administrator, Rural Business-Cooperative Service.
    [FR Doc. 2015-18391 Filed 7-27-15; 8:45 am] BILLING CODE 3410-XY-P
    COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Maine Advisory Committee AGENCY:

    Commission on Civil Rights.

    ACTION:

    Announcement of planning meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the Maine Advisory Committee to the Commission will convene at 1:00 p.m. at on Tuesday, August 4, 2015, at Lewiston City Hall, 27 Pine Street, Lewiston, Maine 04240. The purpose of the subcommittee meeting is to review projects completed during the committee's appointment term and discuss recruitment efforts for the committee's upcoming term.

    Members of the public are invited to submit written comments; the comments must be received in the regional office by Friday, September 4, 2015. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Evelyn Bohor at [email protected] Persons who desire additional information may contact the Eastern Regional Office at (202) 376-7533.

    Records and documents discussed during the meeting will be available for public viewing as they become available at https://database.faca.gov/committee/meetings.aspx?cid=252 and clicking on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, www.usccr.gov, or to contact the Eastern Regional Office at the above phone number, email or street address.

    Agenda Review of Projects Completed During Appointment Term Maine Advisory Committee Members Recruitment for Future Term Barbara J. de La Viez, Designated Federal Official
    DATES:

    Tuesday, August 4, 2015 (EDT).

    ADDRESSES:

    Lewiston City Hall, 27 Pine Street, Lewiston, Maine 04240.

    FOR FURTHER INFORMATION CONTACT:

    Ivy L. Davis at [email protected], or 202-376-7533.

    Dated: July 23, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-18434 Filed 7-27-15; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-16-2015] Authorization of Production Activity; Foreign-Trade Subzone 37D; Xylem Water Systems USA LLC; (Centrifugal and Submersible Pumps) Auburn, New York

    On March 23, 2015, Xylem Water Systems USA LLC, operator of Subzone 37D, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility located in Auburn, New York.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (80 FR 17033-17034, 3-31-2015). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.

    Dated: July 23, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-18451 Filed 7-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Renewing Order Temporarily Denying Export Privileges Washington, DC 20230. Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran Pejman Mahmood Kosarayanifard, a/k/a Kosarian Fard, P.O. Box 52404, Dubai, United Arab Emirates; Mahmoud Amini, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United Arab Emirates, and P.O. Box 52404, Dubai, United Arab Emirates, and Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, United Arab Emirates; Kerman Aviation, a/k/a GIE Kerman Aviation, 42 Avenue Montaigne 75008, Paris, France; Sirjanco Trading LLC, P.O. Box 8709, Dubai, United Arab Emirates; Ali Eslamian, 33 Cavendish Square, 4th Floor, London, W1G0PW, United Kingdom, and 2 Bentinck Close, Prince Albert Road St. Johns Wood, London NW87RY, United Kingdom; Mahan Air General Trading LLC, 19th Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United Arab Emirates; Skyco (UK) Ltd., 33 Cavendish Square, 4th Floor, London, W1G 0PV, United Kingdom; Equipco (UK) Ltd., 2 Bentinck Close, Prince Albert Road, London, NW8 7RY, United Kingdom; Mehdi Bahrami, Mahan Airways-Istanbul Office, Cumhuriye Cad. Sibil Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey; Al Naser Airlines, a/k/a al-Naser Airlines, a/k/a Alnaser Airlines and, Air Freight Ltd., Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq, and P.O. Box 28360, Dubai, United Arab Emirates, and P.O. Box 911399, Amman 11191, Jordan; Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq, and, Anak Street, Qatif, Saudi Arabia 61177; Bahar Safwa General Trading, PO Box 113212, Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, United Arab Emirates, and, PO Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates; Sky Blue Bird Group, a/k/a Sky Blue Bird Aviation, a/k/a Sky Blue Bird Ltd, a/k/a Sky Blue Bird FZC), P.O. Box 16111, Ras Al Khaimah Trade Zone, United Arab Emirates; Issam Shammout, a/k/a Muhammad Isam Muhammad Anwar Nur Shammout, a/k/a Issam Anwar, Philips Building, 4th Floor, Al Fardous Street, Damascus, Syria, and Al Kolaa, Beirut, Lebanon 151515, and 17-18 Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom, and Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A Silivri, Istanbul, Turkey.

    Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730 through 774 (2015) (“EAR” or the “Regulations”),1 I hereby grant the request of the Office of Export Enforcement (“OEE”) to renew the January 16, 2015 Temporary Denial Order, as modified on May 21, 2015 (the “TDO”). The January 16, 2015 Order denied the export privileges of Mahan Airways, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., and Mehdi Bahrami.2 The May 21, 2015 modification order added Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading to the TDO as additional respondents. I find that renewal of the TDO is necessary in the public interest to prevent an imminent violation of the EAR. Additionally, pursuant to Section 766.23 of the Regulations, including the provisions on notice and an opportunity to respond, I find it necessary to add the following persons as related persons in order to prevent evasion of the TDO:

    1 The Regulations, currently codified at 15 CFR parts 730-774 (2015), originally issued pursuant to the Export Administration Act of 1979, as amended (50 U.S.C. app. §§ 2401-2420 (2000)). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 7, 2014 (79 FR 46,959 (Aug. 11, 2014)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).

    2 See note 3, infra.

    Sky Blue Bird Group, a/k/a Sky Blue Bird Aviation, a/k/a Sky Blue Bird Ltd, a/k/a Sky Blue Bird FZC, P.O. Box 16111, Ras Al Khaimah Trade Zone, United Arab Emirates; Issam Shammout, a/k/a Muhammad Isam Muhammad Anwar Nur Shammout, a/k/a Issam Anwar, Philips Building, 4th Floor, Al Fardous Street, Damascus, Syria, and Al Kolaa, Beirut, Lebanon 151515, and 17-18 Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom, and Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A Silivri, Istanbul, Turkey. I. Procedural History

    On March 17, 2008, Darryl W. Jackson, the then-Assistant Secretary of Commerce for Export Enforcement (“Assistant Secretary”), signed a TDO denying Mahan Airways' export privileges for a period of 180 days on the grounds that its issuance was necessary in the public interest to prevent an imminent violation of the Regulations. The TDO also named as denied persons Blue Airways, of Yerevan, Armenia (“Blue Airways of Armenia”), as well as the “Balli Group Respondents,” namely, Balli Group PLC, Balli Aviation, Balli Holdings, Vahid Alaghband, Hassan Alaghband, Blue Sky One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., Blue Sky Four Ltd., Blue Sky Five Ltd., and Blue Sky Six Ltd., all of the United Kingdom. The TDO was issued ex parte pursuant to Section 766.24(a), and went into effect on March 21, 2008, the date it was published in the Federal Register.

    The TDO subsequently has been renewed in accordance with Section 766.24(d), including most recently on January 16, 2015.3 As of March 9, 2010, the Balli Group Respondents and Blue Airways were no longer subject to the TDO. As part of the February 25, 2011 TDO renewal, Gatewick LLC (a/k/a Gatewick Freight and Cargo Services, a/k/a Gatewick Aviation Services), Mahmoud Amini, and Pejman Mahmood Kosarayanifard (“Kosarian Fard”) were added as related persons in accordance with Section 766.23 of the Regulations.4 On July 1, 2011, the TDO was modified by adding Zarand Aviation as a respondent in order to prevent an imminent violation.5 As part of the August 24, 2011 renewal, Kerman Aviation, Sirjanco Trading LLC, and Ali Eslamian were added to the TDO as related persons. Mahan Air General Trading LLC, Skyco (UK) Ltd., and Equipco (UK) Ltd. were added as related persons on April 9, 2012. Mehdi Bahrami was added to the TDO as a related person as part of the February 4, 2013 renewal order.

    3 The January 16, 2015 Order was published in the Federal Register on January 23, 2015 (80 Fed Reg. 3552, Jan. 23, 2015). The January 16, 2015 Order was modified on May 21, 2015, adding Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading as additional respondents. See 80 Fed Reg. 30435 (May 28, 2015). The TDO previously had been renewed on September 17, 2008, March 16, 2009, September 11, 2009, March 9, 2010, September 3, 2010, February 25, 2011, August 24, 2011, February 15, 2012, August 9, 2012, February 4, 2013, July 31, 2013, January 24, 2014, and July 22, 2014. The August 24, 2011 renewal followed the modification of the TDO on July 1, 2011, which added Zarand Aviation as a respondent. Each renewal or modification order was published in the Federal Register.

    4 On August 13, 2014, BIS and Gatewick LLC resolved administrative charges against Gatewick, including a charge for acting contrary to the terms of a BIS denial order (15 CFR 764.2(k)). In addition to the payment of a civil penalty, the settlement includes a seven-year denial order. The first two years of the denial period are active, with the remaining five years suspended on condition that Gatewick LLC pays the civil penalty in full and timely fashion and commits no further violation of the Regulations during the seven-year denial period. The Gatewick LLC Final Order was published in the Federal Register on August 20, 2014. See 79 FR 49283 (Aug. 20, 2014).

    5 As of July 22, 2014, Zarand Aviation was no longer subject to the TDO.

    On June 19, 2015, BIS, through its Office of Export Enforcement (“OEE”), submitted a written request for renewal of the TDO. The written request was made more than 20 days before the scheduled expiration of the current TDO, which issued on January 16, 2015.6 Notice of the renewal request also was provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading in accordance with Sections 766.5 and 766.24(d) of the Regulations. No opposition to the renewal of the TDO has been received. Furthermore, no appeal of the related person determinations Assistant Secretary David W. Mills made as part of the September 3, 2010, February 25, 2011, August 24, 2011, April 9, 2012, and February 4, 2013 renewal or modification orders has been made by Kosarian Fard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., or Mehdi Bahrami.7 Additionally, OEE is requesting that Sky Blue Bird Group and its chief executive officer Issam Shammout be added to the TDO as related persons in accordance with Section 766.23 of the Regulations.

    6 The May 21, 2015 modification order did not affect the expiration date of the January 16, 2015 Order.

    7 A party named or added as a related person may not oppose the issuance or renewal of the underlying temporary denial order, but may file an appeal of the related person determination in accordance with Section 766.23(c).

    II. Renewal of the TDO A. Legal Standard

    Pursuant to Section 766.24, BIS may issue or renew an order temporarily denying a respondent's export privileges upon a showing that the order is necessary in the public interest to prevent an “imminent violation” of the Regulations. 15 CFR 766.24(b)(1) and 776.24(d). “A violation may be `imminent' either in time or degree of likelihood.” 15 CFR 766.24(b)(3). BIS may show “either that a violation is about to occur, or that the general circumstances of the matter under investigation or case under criminal or administrative charges demonstrate a likelihood of future violations.” Id. As to the likelihood of future violations, BIS may show that the violation under investigation or charge “is significant, deliberate, covert and/or likely to occur again, rather than technical or negligent [.]” Id. A “lack of information establishing the precise time a violation may occur does not preclude a finding that a violation is imminent, so long as there is sufficient reason to believe the likelihood of a violation.” Id.

    B. The TDO and BIS's Request for Renewal

    OEE's request for renewal is based upon the facts underlying the issuance of the initial TDO and the TDO renewals in this matter and the evidence developed over the course of this investigation indicating a blatant disregard of U.S. export controls and the TDO. The initial TDO was issued as a result of evidence that showed that Mahan Airways and other parties engaged in conduct prohibited by the EAR by knowingly re-exporting to Iran three U.S.-origin aircraft, specifically Boeing 747s (“Aircraft 1-3”), items subject to the EAR and classified under Export Control Classification Number (“ECCN”) 9A991.b, without the required U.S. Government authorization. Further evidence submitted by BIS indicated that Mahan Airways was involved in the attempted re-export of three additional U.S.-origin Boeing 747s (“Aircraft 4-6”) to Iran.

    As discussed in the September 17, 2008 renewal order, evidence presented by BIS indicated that Aircraft 1-3 continued to be flown on Mahan Airways' routes after issuance of the TDO, in violation of the Regulations and the TDO itself.8 It also showed that Aircraft 1-3 had been flown in further violation of the Regulations and the TDO on the routes of Iran Air, an Iranian Government airline. Moreover, as discussed in the March 16, 2009, September 11, 2009 and March 9, 2010 Renewal Orders, Mahan Airways registered Aircraft 1-3 in Iran, obtained Iranian tail numbers for them (EP-MNA, EP-MNB, and EP-MNE, respectively), and continued to operate at least two of them in violation of the Regulations and the TDO,9 while also committing an additional knowing and willful violation when it negotiated for and acquired an additional U.S.-origin aircraft. The additional acquired aircraft was an MD-82 aircraft, which subsequently was painted in Mahan Airways' livery and flown on multiple Mahan Airways' routes under tail number TC-TUA.

    8 Engaging in conduct prohibited by a denial order violates the Regulations. 15 CFR 764.2(a) and (k).

    9 The third Boeing 747 appeared to have undergone significant service maintenance and may not have been operational at the time of the March 9, 2010 renewal order.

    The March 9, 2010 Renewal Order also noted that a court in the United Kingdom (“U.K.”) had found Mahan Airways in contempt of court on February 1, 2010, for failing to comply with that court's December 21, 2009 and January 12, 2010 orders compelling Mahan Airways to remove the Boeing 747s from Iran and ground them in the Netherlands. Mahan Airways and the Balli Group Respondents had been litigating before the U.K. court concerning ownership and control of Aircraft 1-3. In a letter to the U.K. court dated January 12, 2010, Mahan Airways' Chairman indicated, inter alia, that Mahan Airways opposes U.S. Government actions against Iran, that it continued to operate the aircraft on its routes in and out of Tehran (and had 158,000 “forward bookings” for these aircraft), and that it wished to continue to do so and would pay damages if required by that court, rather than ground the aircraft.

    The September 3, 2010 renewal order discussed the fact that Mahan Airways' violations of the TDO extended beyond operating U.S.-origin aircraft and attempting to acquire additional U.S.-origin aircraft. In February 2009, while subject to the TDO, Mahan Airways participated in the export of computer motherboards, items subject to the Regulations and designated as EAR99, from the United States to Iran, via the United Arab Emirates (“UAE”), in violation of both the TDO and the Regulations, by transporting and/or forwarding the computer motherboards from the UAE to Iran. Mahan Airways' violations were facilitated by Gatewick LLC, which not only participated in the transaction, but also has stated to BIS that it acted as Mahan Airways' sole booking agent for cargo and freight forwarding services in the UAE.

    Moreover, in a January 24, 2011 filing in the U.K. court, Mahan Airways asserted that Aircraft 1-3 were not being used, but stated in pertinent part that the aircraft were being maintained in Iran especially “in an airworthy condition” and that, depending on the outcome of its U.K. court appeal, the aircraft “could immediately go back into service . . . on international routes into and out of Iran.” Mahan Airways' January 24, 2011 submission to U.K. Court of Appeal, at p. 25, ¶¶ 108, 110. This clearly stated intent, both on its own and in conjunction with Mahan Airways' prior misconduct and statements, demonstrated the need to renew the TDO in order to prevent imminent future violations. Two of these three 747s subsequently were removed from Iran and are no longer in Mahan Airway's possession. The third of these 747s, with Manufacturer's Serial Number (“MSN”) 23480 and Iranian tail number EP-MNE, remained in Iran under Mahan's control. Pursuant to Executive Order 13324, it was designated a Specially Designated Global Terrorist (“SDGT”) by the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) on September 19, 2012.10 Furthermore, as discussed in the February 4, 2013 Order, open source information indicated that this 747, painted in the livery and logo of Mahan Airways, had been flown between Iran and Syria, and was suspected of ferrying weapons and/or other equipment to the Syrian Government from Iran's Islamic Revolutionary Guard Corps. Open source information showed that this aircraft had flown from Iran to Syria as recently as June 30, 2013, and continues to show that it remains in active operation in Mahan Airways' fleet.

    10See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx.

    In addition, as first detailed in the July 1, 2011 and August 24, 2011 orders, and discussed in subsequent renewal orders in this matter, Mahan Airways also continued to evade U.S. export control laws by operating two Airbus A310 aircraft, bearing Mahan Airways' livery and logo, on flights into and out of Iran.11 At the time of the July 1, 2011 and August 24, 2011 Orders, these Airbus A310s were registered in France, with tail numbers F-OJHH and F-OJHI, respectively.12

    11 The Airbus A310s are powered with U.S.-origin engines. The engines are subject to the EAR and classified under Export Control Classification (“ECCN”) 9A991.d. The Airbus A310s contain controlled U.S.-origin items valued at more than 10 percent of the total value of the aircraft and as a result are subject to the EAR. They are classified under ECCN 9A991.b. The reexport of these aircraft to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the Regulations.

    12 OEE subsequently presented evidence that after the August 24, 2011 renewal, Mahan Airways worked along with Kerman Aviation and others to de-register the two Airbus A310 aircraft in France and to register both aircraft in Iran (with, respectively, Iranian tail numbers EP-MHH and EP-MHI). It was determined subsequent to the February 15, 2012 renewal order that the registration switch for these A310s was cancelled and that Mahan Airways then continued to fly the aircraft under the original French tail numbers (F-OJHH and F-OJHI, respectively). Both aircraft apparently remain in Mahan Airways' possession.

    The August 2012 renewal order also found that Mahan Airways had acquired another Airbus A310 aircraft subject to the Regulations, with MSN 499 and Iranian tail number EP-VIP, in violation of the TDO and the Regulations.13 On September 19, 2012, all three Airbus A310 aircraft (tail numbers F-OJHH, F-OJHI, and EP-VIP) were designated as SDGTs.14

    13 See note 11, supra.

    14See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx. Mahan Airways was previously designated by OFAC as a SDGT on October 18, 2011. 77 FR 64,427 (October 18, 2011).

    The February 4, 2013 Order laid out further evidence of continued and additional efforts by Mahan Airways and other persons acting in concert with Mahan, including Kral Aviation and another Turkish company, to procure U.S.-origin engines—two GE CF6-50C2 engines, with MSNs 517621 and 517738, respectively—and other aircraft parts in violation of the TDO and the Regulations.15 The February 4, 2013 renewal order also added Mehdi Bahrami as a related person in accordance with Section 766.23 of the Regulations. Bahrami, a Mahan Vice-President and the head of Mahan's Istanbul Office, also was involved in Mahan's acquisition of the original three Boeing 747s (Aircraft 1-3) that resulted in the original TDO, and has had a business relationship with Mahan dating back to 1997.

    15 Kral Aviation was referenced in the February 4, 2013 Order as “Turkish Company No. 1.” Kral Aviation purchased a GE CF6-50C2 aircraft engine (MSN 517621) from the United States in July 2012, on behalf of Mahan Airways. OEE was able to prevent this engine from reaching Mahan by issuing a redelivery order to the freight forwarder in accordance with Section 758.8 of the Regulations. OEE also issued Kral Aviation a redelivery order for the second CF6-50C2 engine (MSN 517738) on July 30, 2012. The owner of the second engine subsequently cancelled the item's sale to Kral Aviation. In September 2012, OEE was alerted by a U.S. exporter that another Turkish company (“Turkish Company No. 2”) was attempting to purchase aircraft spare parts intended for re-export by Turkish Company No. 2 to Mahan Airways. See February 4, 2013 Order.

    On December 31, 2013, Kral Aviation was added to BIS's Entity List, Supplement No. 4 to Part 744 of the Regulations. See 78 FR75458 (Dec. 12, 2013). Companies and individuals are added to the Entity List for engaging in activities contrary to the national security or foreign policy interests of the United States. See 15 CFR 744.11.

    The July 31, 2013 Order detailed additional evidence obtained by OEE showing efforts by Mahan Airways to obtain another GE CF6-50C2 aircraft engine (MSN 528350) from the United States via Turkey. Multiple Mahan employees, including Mehdi Bahrami, were involved in or aware of matters related to the engine's arrival in Turkey from the United States, plans to visually inspect the engine, and prepare it for shipment from Turkey.

    Mahan sought to obtain this U.S.-origin engine through Pioneer Logistics Havacilik Turizm Yonetim Danismanlik (“Pioneer Logistics”), an aircraft parts supplier located in Turkey, and its director/operator, Gulnihal Yegane, a Turkish national who previously had conducted Mahan related business with Mehdi Bahrami and Ali Eslamian. Moreover, as referenced in the July 31, 2013 Order, a sworn affidavit by Kosol Surinanda, also known as Kosol Surinandha, Managing Director of Mahan's General Sales Agent in Thailand, stated that the shares of Pioneer Logistics for which he was the listed owner were “actually the property of and owned by Mahan.” He further stated that he held “legal title to the shares until otherwise required by Mahan” but would “exercise the rights granted to [him] exactly and only as instructed by Mahan and [his] vote and/or decisions [would] only and exclusively reflect the wills and demands of Mahan[.]” 16

    16 Pioneer Logistics, Gulnihal Yegane, and Kosol Surinanda also were added to the Entity List on December 12, 2013. See 78 FR 75458 (Dec. 12, 2013).

    The January 24, 2014 Order outlined OEE's continued investigation of Mahan Airways' activities and detailed an attempt by Mahan, which OEE thwarted, to obtain, via an Indonesian aircraft parts supplier, two U.S.-origin Honeywell ALF-502R-5 aircraft engines (MSNs LF5660 and LF5325), items subject to the Regulations, from a U.S. company located in Texas. An invoice of the Indonesian aircraft parts supplier dated March 27, 2013, listed Mahan Airways as the purchaser of the engines and included a Mahan ship-to address. OEE also obtained a Mahan air waybill dated March 12, 2013, listing numerous U.S.-origin aircraft parts subject to the Regulations—including, among other items, a vertical navigation gyroscope, a transmitter, and a power control unit—being transported by Mahan from Turkey to Iran in violation of the TDO.

    The July 22, 2014 Order discusses open source evidence from the March-June 2014 time period regarding two BAE regional jets, items subject to the Regulations, that were painted in the livery and logo of Mahan Airways and operating under Iranian tail numbers EP-MOK and EP-MOI, respectively. In addition, aviation industry resources indicated that these aircraft were obtained by Mahan Airways in late November 2013 and June 2014, from Ukrainian Mediterranean Airline, a Ukrainian airline that was added to BIS's Entity List (Supplement No. 4 to Part 744 of the Regulations) on August 15, 2011, for acting contrary to the national security and foreign policy interests of the United States.17 OEE's on-going investigation indicates that both BAE regional jets remain active in Mahan's fleet, with open source information showing EP-MOI being used on flights into and out of Iran as recently as January 12, 2015. The continued operation of these aircraft by Mahan Airways violates the TDO.

    17See 76 FR 50407 (Aug. 15, 2011). The July 22, 2014 TDO renewal order also referenced two Airbus A320 aircraft painted in the livery and logo of Mahan Airways and operating under Iranian tail numbers EP-MMK and EP-MML, respectively. OEE's investigation also showed that Mahan obtained these aircraft in November 2013, from Khors Air Company, another Ukrainian airline that, like Ukrainian Mediterranean Airlines, was added to BIS's Entity List on August 15, 2011. Open source evidence indicates the two Airbus A320 aircraft may be been transferred by Mahan Airways to another Iranian airline in October 2014, and issued Iranian tail numbers EP-APE and EP-APF, respectively.

    The January 16, 2015 Order details evidence of additional attempts by Mahan Airways to acquire items subject the Regulations in further violation of the TDO. Specifically, in March 2014, OEE became aware of an inertial reference unit bearing serial number 1231 (“the IRU”) that had been sent to the United States for repair. The IRU is subject to the Regulations, classified under ECCN 7A103, and controlled for missile technology reasons. Upon closer inspection, it was determined that IRU came from or had been installed on an Airbus A340 aircraft bearing MSN 056. Further investigation revealed that as of approximately February 2014, this aircraft was registered under Iranian tail number EP-MMB and had been painted in the livery and logo of Mahan Airways.

    The January 16, 2015 Order described related efforts by the Departments of Justice and Treasury to further thwart Mahan's illicit procurement efforts. Specifically, on August 14, 2014, the United States Attorney's Office for the District of Maryland filed a civil forfeiture complaint for the IRU pursuant to 22 U.S.C. 401(b) that resulted in the court issuing an Order of Forfeiture on December 2, 2014. EP-MMB remains listed as active in Mahan Airways' fleet.

    Additionally, on August 29, 2014, OFAC blocked the property and interests in property of Asian Aviation Logistics of Thailand, a Mahan Airways affiliate or front company, pursuant to Executive Order 13224. In doing so, OFAC described Mahan Airway's use of Asian Aviation Logistics to evade sanctions by making payments on behalf of Mahan for the purchase of engines and other equipment.18

    18 See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20140829.aspx. See 79 FR 55073 (Sep. 15, 2014). OFAC also blocked the property and property interests of Pioneer Logistics of Turkey on August 29, 2014. Id. Mahan Airways' use of Pioneer Logistics in an effort to evade the TDO and the Regulations was discussed in a prior renewal order, as summarized, supra, at 13-14. BIS added both Asian Aviation Logistics and Pioneer Logistics to the Entity List on December 12, 2013. See 78 FR 75458 (Dec. 12, 2013).

    The May 21, 2015 modification order detailed the acquisition of two aircraft, specifically an Airbus A340 bearing MSN 164 and an Airbus A321 bearing MSN 550, that were purchased by Al Naser Airlines in late 2014/early 2015 and are currently located in Iran under the possession, control, and/or ownership of Mahan Airways.19 The sales agreements for these two aircraft were signed by Ali Abdullah Alhay for Al Naser Airlines.20 Payment information reveals that multiple electronic funds transfers (“EFT”) were made by Ali Abdullah Alhay and Bahar Safwa General Trading in order to acquire MSNs 164 and 550. The May 21, 2015 modification order also laid out evidence showing the respondents' attempts to obtain other controlled aircraft, including aircraft physically located in the United States in similarly-patterned transactions during the same recent time period. Transactional documents involving two Airbus A320s bearing MSNs 82 and 99, respectively, again showed Ali Abdullah Alhay signing sales agreements for Al Naser Airlines.21 A review of the payment information for these aircraft similarly revealed EFTs from Ali Abdullah Alhay and Bahar Safwa General Trading that follow the pattern described for MSNs 164 and 150, supra. MSNs 82 and 99 were detained by OEE Special Agents prior to their planned export from the United States.

    19 Both of these aircraft are powered by U.S.-origin engines that are subject to the Regulations and classified under ECCN 9A991.d. Both aircraft contain controlled U.S.-origin items valued at more than 10 percent of the total value of the aircraft and as a result are subject to the EAR regardless of their location. The aircraft are classified under ECCN 9A991.b. The export or re-export of these aircraft to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the Regulations.

    20 Ali Abdullah Alhay is a 25% owner of Al Naser Airlines.

    21 Both aircraft were physically located in the United States and therefore are subject to the Regulations pursuant to Section 734.3(a)(1). Moreover, these Airbus A320s are powered by U.S.-origin engines that are subject to the Regulations and classified under Export Control Classification Number ECCN 9A991.d. The Airbus A320s contain controlled U.S.-origin items valued at more than 10 percent of the total value of the aircraft and as a result are subject to the EAR regardless of the their location. The aircraft are classified under ECCN 9A991.b. The export or re-export of these aircraft to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the Regulations.

    The June 19, 2015 renewal request demonstrates that Al Naser Airlines' attempts to acquire aircraft on behalf of Mahan Airways extend beyond MSNs 164 and 550. BIS obtained a press release dated May 9, 2015, that appeared on Mahan's Web site and stated that Mahan “added 9 modern aircraft to its air fleet.” 22 Specifically the press release states the newly acquired aircraft include eight Airbus A340s and one Airbus A321. Mahan's press release corroborates publicly available aviation databases showing nine additional aircraft recently acquired by Mahan from Al Naser Airlines in May 2015, including MSNs 164 and 550. Evidence presented by OEE further shows that four of the aircraft, all of which are subject to the Regulations and were obtained from Al Naser Airlines, were issued the following Iranian tail numbers: EP-MMD (MSN 164), EP-MMG (MSN 383) EP-MMH (MSN 391) and EP-MMR (MSN 416), respectively.23 Publicly available flight tracking information provides evidence that two of the recently acquired aircraft, EP-MMH and EP-MMR, are actively being flown on routes into and out of Iran as recently as July 10, 2015, in further violation of the TDO and Regulations.

    22http://www.mahan.aero/en/mahan-air/press-room/44. The press release was subsequently removed from Mahan Airways' Web site.

    23 These Airbus A340s are powered by U.S.-origin engines that are subject to the Regulations and classified under ECCN 9A991.d. The Airbus A340s contain controlled U.S.-origin items valued at more than 10 percent of the total value of the aircraft and as a result are subject to the EAR regardless of the their location. The aircraft are classified under ECCN 9A991.b. The export or re-export of these aircraft to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the Regulations.

    C. Findings

    Under the applicable standard set forth in Section 766.24 of the Regulations and my review of the entire record, I find that the evidence presented by BIS convincingly demonstrates that Mahan Airways has repeatedly violated the EAR and the TDO, that such knowing violations have been significant, deliberate and covert, and that there is a likelihood of future violations. OEE's on-going investigation continues to reveal or discover additional attempts involving Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading to acquire items subject to the Regulations as part of or through Mahan Airways' extensive network of agents and affiliates in third countries. Therefore, renewal of the TDO is necessary to prevent imminent violation of the EAR and to give notice to companies and individuals in the United States and abroad that they should continue to cease dealing with Mahan Airways and the other denied persons under the TDO in connection with export transactions involving items subject to the EAR.

    III. Addition of Related Persons

    Pursuant to Sections 766.23 and 766.24(c) of the Regulations, OEE has requested that Sky Blue Bird Group and Issam Shammout be added to the TDO as related persons to Mahan Airways, Al Naser Airlines, and/or Ali Abdullah Alhay in order to prevent evasion of the TDO.

    A. Legal Standard

    Section 766.23 of the Regulations provides that “[i]n order to prevent evasion, certain types of orders under this part may be made applicable not only to the respondent, but also to other persons then or thereafter related to the respondent by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business. Orders that may be made applicable to related persons include those that deny or affect export privileges, including temporary denial orders . . . .” 15 CFR 766.23(a). See also 15 CFR 766.24(c) (“A temporary denial order may be made applicable to related persons in accordance with § 766.23 of this part.”).

    B. Analysis and Findings

    Via notice letters sent in accordance with Section 766.23 of the Regulations on June 2, 2015, OEE provided Sky Blue Bird Group and its chief executive officer Issam Shammout with notice of its intent to seek an order adding them to the TDO as related persons to Mahan Airways, Al Naser Airlines, and/or Ali Abdullah Alhay in order to prevent evasion. No response has been received from Sky Blue Bird or Issam Shammout.

    OEE has presented evidence that Sky Blue Bird Group, via Mr. Shammout, was actively involved in Al Naser Airlines' acquisition of MSNs 164 and 550, and the attempted acquisition of MSNs 82 and 99 (which were detained by OEE). Moreover, on May 21, 2015, OFAC designated Sky Blue Bird and Issam Shammout as SDGTs pursuant to Executive Order 13324 for “providing support to Iran's Mahan Air.” 24

    24http://www.treasury.gov/press-center/press-releases/Pages/jl10061.aspx. See 80 FR 30762 (May 29, 2015).

    In sum, I find pursuant to Section 766.23 that Sky Blue Bird Group and Issam Shammout are connected to Mahan Airways, Al Naser Airlines, and/or Ali Abdullah Alhay in the conduct of trade or business and that their addition to the TDO as related persons is necessary to prevent evasion of the TDO.

    IV. Order

    IT IS THEREFORE ORDERED:

    FIRST, that MAHAN AIRWAYS, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran; PEJMAN MAHMOOD KOSARAYANIFARD A/K/A KOSARIAN FARD, P.O. Box 52404, Dubai, United Arab Emirates; MAHMOUD AMINI, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United Arab Emirates, and P.O. Box 52404, Dubai, United Arab Emirates, and Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, United Arab Emirates; KERMAN AVIATION A/K/A GIE KERMAN AVIATION, 42 Avenue Montaigne 75008, Paris, France; SIRJANCO TRADING LLC, P.O. Box 8709, Dubai, United Arab Emirates; ALI ESLAMIAN, 33 Cavendish Square, 4th Floor, London W1G0PW, United Kingdom, and 2 Bentinck Close, Prince Albert Road St. Johns Wood, London NW87RY, United Kingdom; MAHAN AIR GENERAL TRADING LLC, 19th Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United Arab Emirates; SKYCO (UK) LTD., 33 Cavendish Square, 4th Floor, London, W1G 0PV, United Kingdom; EQUIPCO (UK) LTD., 2 Bentinck Close, Prince Albert Road, London, NW8 7RY, United Kingdom; and MEHDI BAHRAMI, Mahan Airways—Istanbul Office, Cumhuriye Cad. Sibil Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey; AL NASER AIRLINES A/K/A AL-NASER AIRLINES A/K/A ALNASER AIRLINES AND AIR FREIGHT LTD., Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq, and P.O. Box 28360, Dubai, United Arab Emirates, and P.O. Box 911399, Amman 11191, Jordan; ALI ABDULLAH ALHAY A/K/A ALI ALHAY A/K/A ALI ABDULLAH AHMED ALHAY, Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Anak Street, Qatif, Saudi Arabia 61177; BAHAR SAFWA GENERAL TRADING, P.O. Box 113212, Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, United Arab Emirates, and P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates; SKY BLUE BIRD GROUP A/K/A SKY BLUE BIRD AVIATION A/K/A SKY BLUE BIRD LTD A/K/A SKY BLUE BIRD FZC, P.O. Box 16111, Ras Al Khaimah Trade Zone, United Arab Emirates; and ISSAM SHAMMOUT A/K/A MUHAMMAD ISAM MUHAMMAD ANWAR NUR SHAMMOUT A/K/A ISSAM ANWAR, Philips Building, 4th Floor, Al Fardous Street, Damascus, Syria, and Al Kolaa, Beirut, Lebanon 151515, and 17-18 Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom, and Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A Silivri, Istanbul, Turkey, and when acting for or on their behalf, any successors or assigns, agents, or employees (each a “Denied Person” and collectively the “Denied Persons”) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Export Administration Regulations (“EAR”), or in any other activity subject to the EAR including, but not limited to:

    A. Applying for, obtaining, or using any license, License Exception, or export control document;

    B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or

    C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR.

    SECOND, that no person may, directly or indirectly, do any of the following:

    A. Export or reexport to or on behalf of a Denied Person any item subject to the EAR;

    B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control;

    C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States;

    D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

    E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

    THIRD, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order.

    FOURTH, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology.

    In accordance with the provisions of Sections 766.24(e) of the EAR, Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022. In accordance with the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., Mehdi Bahrami, Sky Blue Bird Group, and/or Issam Shammout may, at any time, appeal their inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022.

    In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order.

    A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days.25

    25 Review and consideration of this matter have been delegated to the Deputy Assistant Secretary for Export Enforcement.

    Dated: July 13, 2015. Richard R. Majauskas, Deputy Assistant Secretary of Commerce for Export Enforcement.
    [FR Doc. 2015-18316 Filed 7-27-15; 8:45 a.m.] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments

    Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.

    Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before August 17, 2015. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720.

    Docket Number: 15-015. Applicant: University of Pittsburgh, 100 Technology Drive, Suite 350, Pittsburgh, PA 15219. Instrument: Oxygraph-2K. Manufacturer: Oroboros Instruments Corp, Austria. Intended Use: The instrument will be used to evaluate the various putative antidotes to reverse the effects of cyanide or sulfide toxicants on mitochondria in cultured cells. The instrument will be used to measure changes in oxygen consumption rates correlated with either changes in mitochondrial inner-membrane depolarization, changes in calcium fluxes between endoplasmic reticulum and mitochondria, or prevailing levels of hydrogen peroxide and nitric oxide. The instrument is unique in its ability to allow routine measurements to be made with specifications summarized under the term “high-resolution respirometry”, meaning the limit of detection of O2 flux is as low as 0.5 pmols−1 cm−3, signal noise at zero oxygen concentration is <0.05 μM O2, oxygen back-diffusion at zero oxygen at <3 pmols−1 cm−3, and oxygen consumption at air saturation and standard basic barometric pressure (100kPa) at 2.7 ± 0.9 SD in at 37 degrees Celsius. The dual measurement capability of the instrument is also critical for the experiments. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 1, 2015.

    Docket Number: 15-019. Applicant: Oregon State University, 2900 SW Campus Way, LPSC 145, Corvallis, OR 97331-2140. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to identify genus and species of small biological samples such as pollen, diatoms, and dead bacteria, as well as study novel life science and materials science samples. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: April 23, 2015.

    Docket Number: 15-021. Applicant: The City University of New York, 205 East 42nd Street, Room 11-64, New York, NY 10017. Instrument: Electron Microscope. Manufacturer: FEI Company, Japan. Intended Use: The instrument will be used to visualize macromolecular complexes composed of protein, nucleic acids and lipids, organelles and cells in vitrified ice, to understand the structural mechanism by which macromolecular complexes, organelles and cells carry out their actions. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: May 8, 2015.

    Docket Number: 15-022. Applicant: Purdue University, 701 West Stadium Ave., ARMS, West Lafayette, IN 47907. Instrument: Conical twin screw minicompounder. Manufacturer: Xplore, the Netherlands. Intended Use: The instrument will be used to find improved formulations of polymer resins with improved mechanical, thermal, electrical and other properties using compounding, recirculation, master-batch mixing and additive mixing. The instrument satisfies several requirements for the experiments, including surface hardness of components at 2000 Vickers hardness, operational temperature to 450 degrees Celsius, conical twin screw design, capability of both co- and counter-rotating, expandable to specialized screws for nanomaterial compounding, expandable to film line, fiber line, and injection molder, corrosive material tolerance (pH 0-14) and the ability to track viscosity. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 12, 2015.

    Docket Number: 15-023. Applicant: Idaho National Laboratory, 2525 Fremont Avenue, Idaho Falls, ID 83415. Instrument: Focused Ion Beam (FIB) Microscope. Manufacturer: FEI, Czech Republic. Intended Use: The instrument will be used to analyze materials including nuclear fuels used in research and power reactors as well as irradiated structural materials associated with the operation of nuclear reactors, to obtain insight on the microstructure stability of nuclear materials, including the effects of radiation on the microstructure of nuclear fuels and structural materials and the effects of porosity due to fission gas and/or helium production. The instrument is used to create a pristine sample surface, void of damage crated by standard sample preparation techniques for microstructure characterization. Additionally, it can be used to create samples from irradiated fuel that have radiation levels that are less than the detection limits of standard radiation counters, which lowers the dose received to personnel when handling FIB'ed samples. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 15, 2015.

    Docket Number: 15-024. Applicant: Institute for the Preservation of Cultural Heritage, Yale University, 300 Hefferman Drive, Bldg. 900, West Haven, CT 06516. Instrument: Willard Multi-Function Table. Manufacturer: Willard, United Kingdom. Intended Use: The instrument will be used to carry out conservation processes, for conservation fellows to develop and research methodologies of treatment and to instruct student conservators in structural conservation techniques. The surface of the table can be heated very precisely and evenly, air can be circulated under the surface to create downward pressure, air can also be passed through ducts which can be heated and can produce precisely controlled humidity, a vacuum system can be used to hold objects in place and can be operated independently of the humidification system, which is a unique feature of the instrument. Research into new techniques and the testing of adhesives and consolidants will be undertaken. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: May 21, 2015.

    Docket Number: 15-025. Applicant: The Rockefeller University, 1230 York Avenue, New York, NY 10065. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to determine three-dimensional structures of single proteins or multi-protein complexes, complexes between proteins and nucleic acids, which can be either RNA or DNA, as well as lipids, detergents or inhibitors of certain proteins. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: May 27, 2015.

    Docket Number: 15-026. Applicant: University of Delaware, 201 DuPont Hall, University of Delaware, Newark, DE 19716. Instrument: Electron Microscope. Manufacturer: FEI Company, Brno, Czech Republic. Intended Use: The instrument will be used to obtain structural and elemental information of materials such as polymers, colloids and biomaterials, including morphology, size distribution, and crystal structure and their correlations with material processes and properties. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 16, 2015.

    Docket Number: 15-027. Applicant: University of Nebraska, Lincoln, 1700 Y St., Lincoln, NE 68588-0645. Instrument: Photonic Professional GT-upgrade. Manufacturer: Nanoscribe GmbH, Germany. Intended Use: The instrument will be used to research micro/nano 3D printing, micro/nano technology, materials, and novel laser-material interactions, using 3D laser lithography techniques integrating both two-photon polymerization (TPP) and multi-photon ablation (MPA). The instrument integrates both a precise piezo stage and a galvano scanner for a large-are and fast micro/nano-structuring. Multi-photon polymerization and multi-photon ablation will be investigated and applied for printing 3D micro/nano-structures of arbitrary geometries, especially those on plasmonics, photonics and microelectromechanical systems. The influence of degree of polymerization on the micro 3D printing will be studied for further 3D fabrication. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 16, 2015.

    Docket Number: 15-028. Applicant: University of California, Irvine, 816 F Engineering Tower, Irvine, CA 92697-2575. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to determine nanoparticle size, crystal structure, interface and defect structure, surface structure, composition, electronic state, bad-gap, cell structure, magnetic domain structure, 3D-structure and phase transformation of materials such as metals, ceramics, semiconductors, superconductors, polymers, magnetic and electronic materials, nanomaterials, tissues and cells. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 12, 2015.

    Docket Number: 15-030. Applicant: Washington State University, 220 French Administration Building, P.O. Box 641020, Pullman, WA 99164-1020. Instrument: MSM400 Yeast Tetrad Dissection Microscope. Manufacturer: Singer Instruments, United Kingdom. Intended Use: The instrument will be used to gain a basic molecular understanding of how cells repair DNA damage, how different chromosome features (i.e. DNA sequence, transcription, replication, protein association) impact the efficiency of repair and ultimately the production of mutation due to failure of repair, using the instrument to isolate haploid yeast with specific genetic backgrounds that can most easily be generated in heterozygous diploid yeast. In addition the instrument will be used to determine on which chromosomes genetic alterations took place in diploid yeast treated with DNA damaging agents, as well as to document the growth and cell cycle stage of yeast. The instrument has a robotic stage that automatically places dissected spores on a grid to ensure correct cataloging of spores, and also allows control of the dissecting needle along 3 axes. No domestic manufactured instruments have these required capabilities. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: July 10, 2015.

    Docket Number: 15-032. Applicant: The Trustees of Princeton University, 701 Carnegie Center, Princeton, NJ 08540. Instrument: Helios Dual Beam. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to perform imaging on cross sections of nanoscale, biological, photonic and multifunctional materials, made at precise geometric locations at a very small scale. Additionally, it is used to cross-section through the exact center of an impression, or along planes parallel to a set of microstructural features. Standard methods are incapable of preparing cross sections with the requisite spatial precision. With its unique triple detection system located inside the column and immersion mode, the system is designed for simultaneous detector acquisition for angular and energy selective SE and BSE imaging. Fast access to very precise, clear information is guaranteed, not only top-down, but also on titled specimen or cross-sections. Additional below-the-lens detectors and a beam deceleration mode unsure that all signals are collected and no information is left behind. The instrument extends characterization with a versatile 110mm goniometer stage with tilt capability up to 90 degrees and optimal tripe in-column detection. Unique features of the instrument include the shortest time to nanoscale information using best in class Ga ion gun and Elstar Schlottky FESEM high resolution, stability and automation, sample management tailored to individual application needs, with the high flexibility 110mm and high stability 150mm piezo stages, the focused ion beam can mill any material to a very fine scale, and can make features with a high degree of accuracy at the nanoscale, with critical dimensions of less than 50 nm, rapidly design, create and inspect micro and nano-scale functional prototype devices and create 3D Nanoprototyping with a DualBeam, sharp, refined and charge-free contrast obtained from up to 6 integrated in-column and below-the-lens detectors, can mill difficult charging samples with charge neutralizer. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 18, 2015.

    Docket Number: 15-033. Applicant: Battelle Memorial Institute, 790 6th Street, Richland, WA 99354. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to understand the structure-property or structure-activity of materials such as catalysts, semiconductors, battery materials, and minerals at high spatial resolution under realistic conditions in order to design better materials. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 16, 2015.

    Docket Number: 15-034. Applicant: Purdue University, 401 S. Grant St., West Lafayette, IN 47907. Instrument: Diode-Pumped Solid-State Laser. Manufacturer: Edgewave GmbH, Germany. Intended Use: The instrument will be used to enhance the fundamental understanding of propellant combustion so that safer and higher performance solid propellants can be designed and developed. The instrument is to be used for the measurement of flame radical species in propellant flames in real-time, using high-frame-rate (10-40kHz) imaging of the flame radical OH, produced in the reaction zone. The OH distribution is used to determine the burning mode for the propellant, and the laser system will give the capability to obtain high-frame-rate images of other propellants. The primary technique is high-frame-rate planar laser-induced fluorescence (PLIF) imaging. The UV laser from a Credo dye laser, pumped by the Edgewave DPSS laser, is formed into a focused sheet using a combination of spherical and cylindrical lenses. The frequency of the UV beam is then tuned to a resonance transition for the OH radical and the OH radical is pumped from the ground state to an excited electronic state by absorbing a photon from the laser sheet. Once in the excited state, the OH radical can decay by emitting a photon (fluorescence). The fluorescence light is imaged using a high-frame-rate intensified CMOS camera to produce an image of the OH distribution in the laser sheet, providing both time-and space-resolved information on the laser process. No domestic instruments have the required power, rep rate, and pulse length on the order of 10 nanoseconds. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 23, 2015.

    Dated: July 21, 2015. Gregory W. Campbell, Director of Subsidies Enforcement, Enforcement and Compliance.
    [FR Doc. 2015-18450 Filed 7-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE022 Marine Mammals; File No. 19590 AGENCY:

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

    ACTION:

    Notice; receipt of application.

    SUMMARY:

    Notice is hereby given that Terrie Williams, Ph.D., University of California at Santa Cruz, Long Marine Lab, Center for Ocean Health, 100 Shaffer Road, Santa Cruz, CA 95060, has applied in due form for a permit to conduct research on captive marine mammals.

    DATES:

    Written, telefaxed, or email comments must be received on or before August 27, 2015.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 19590 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include File No. 19590 in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Skidmore or Amy Sloan, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.).

    The applicant is requesting a permit to continue activities authorized under Permit No. 13602. This research compares the energetic and cardiovascular responses and diving physiology of odontocetes and pinnipeds to determine key physiological factors. Captive bottlenose dolphins (Tursiops truncatus) and temporarily held non-releasable Hawaiian monk seals (Neomonachus schauinslandi) at Long Marine Lab will be used as model species due to availability, trainability, and a foundation of data from previous studies by the applicant. Additional captive marine mammal species (up to 132 animals representing 8 species over 6 years, listed in the application) will be added through cooperative agreements with accredited zoological institutions in the U.S. Other species and subjects from rehabilitation and stranding programs in the U.S. may be added opportunistically. This research on captive animals will provide data for understanding the impact of changing environmental demands on wild marine mammals. Two approaches are used, (1) basic physiological evaluation (caloric intake, metabolism, heart rate, stroke rate, aerobic dive capacity, thermal capacity) measured seasonally on mature and immature dolphins, and (2) comparative evaluation of identical parameters for other species representing different marine mammal evolutionary lineages. Research methods include training marine mammals for voluntary participation to the maximum extent feasible to (1) assess body condition and morphometrics, (2) measure metabolic rate (stationing under a metabolic hood), (3) sample blood (for blood gases and lactate concentration) and administer Evan's blue dye and deuterium oxide (determination of oxygen stores, (4) attach instruments (e.g., ECG monitors to measure heart rate), (5) monitor heat flow and skin temperature with a handheld surface probe, and (6) measure body temperature via a flexible rectal probe or an ingested stomach temperature pill. The permit is requested for the maximum duration of five years.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: July 23, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-18453 Filed 7-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD900 Marine Mammals; File No. 18786 AGENCY:

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

    ACTION:

    Notice; issuance of permit.

    SUMMARY:

    Notice is hereby given that a permit has been issued to NMFS Office of Protected Resources, Marine Mammal Health and Stranding Response Program (Responsible Party: Teri Rowles, D.V.M., Ph.D.), 1315 East-West Highway, Silver Spring, MD 20910, to take, import, and export marine mammals and marine mammal parts for research and enhancement purposes.

    ADDRESSES:

    The permit and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    FOR FURTHER INFORMATION CONTACT:

    Amy Sloan or Jennifer Skidmore, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    On May 1, 2015, notice was published in the Federal Register (80 FR 24903) that a request for a permit to conduct research and enhancement on marine mammals had been submitted by the above-named applicant. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.).

    Permit No. 18786 authorizes the MMHSRP to: (1) Carry out response, rescue, rehabilitation and release of threatened and endangered marine mammals under NMFS jurisdiction (Cetacea and Pinnipedia [excluding walrus]), and disentanglement of all marine mammals under NMFS jurisdiction, pursuant to sections 109(h), 112(c), and Title IV of the MMPA; and, carry out such activities as enhancement pursuant to section 10(a)(1)(A) of the ESA; (2) Conduct health-related, bona fide scientific research studies on marine mammals and marine mammal parts under NMFS jurisdiction pursuant to sections 104(c) and Title IV of the MMPA and section 10(a)(1)(A) of the ESA, including research related to emergency response that may involve compromised animals, and research on healthy animals that have not been subject to emergency response (e.g., baseline health studies); (3) Conduct Level B harassment on all marine mammal species under NMFS jurisdiction incidental to MMHSRP activities in the U.S.; and (4) Collect, salvage, receive, possess, transfer, import, export, analyze, and curate marine mammal specimens under NMFS jurisdiction for purposes delineated in numbers (1) and (2) above. The permit expires June 30, 2020.

    An environmental assessment (EA) was prepared analyzing the effects of the permitted activities on the human environment in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Based on the analyses in the EA, NMFS determined that issuance of the permit would not significantly impact the quality of the human environment and that preparation of an environmental impact statement was not required. That determination is documented in a Finding of No Significant Impact (FONSI).

    As required by the ESA, issuance of this permit was based on a finding that such permit: (1) Was applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA.

    Dated: July 9, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-18452 Filed 7-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XS81 Marine Mammals; File No. 14296 AGENCY:

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

    ACTION:

    Notice; issuance of permit amendment.

    SUMMARY:

    Notice is hereby given that Briana Witteveen, Ph.D., University of Alaska Fairbanks, School of Fisheries and Ocean Sciences, 118 Trident Way, Kodiak, AK 99615, has been issued a minor amendment to Scientific Research Permit No. 14296-01.

    ADDRESSES:

    The amendment and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    FOR FURTHER INFORMATION CONTACT:

    Courtney Smith or Amy Sloan, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

    The original permit (No. 14296), issued on July 14, 2010 (74 FR 58243) through July 31, 2015 authorized scientific research on cetaceans year-round in the Gulf of Alaska, with an emphasis on examining prey use and foraging patterns of gray (Eschrichtius robustus), fin (Balaenoptera physalus), humpback (Megaptera novaengliae), and killer (Orcinus orca) whales and exploring the responses of humpback whales to acoustic deterrent devices. Takes may occur by close approach to collect photographs, recordings of vocalizations, biopsy samples, prey parts, sloughed skin, to attach suction cup tags, and to document response to acoustic deterrents. Sei (Balaenoptera borealis), blue (Balaenoptera musculus), minke (Balaenoptera acutorostrata), sperm (Physeter microcephalus), and North Pacific right whales (Eubalaena japonica) may be taken by close approach to collect photographs and biopsy samples. Other species of marine mammals might be incidentally harassed during research activities. A minor amendment to the permit (No. 14296-01) was issued on June 19, 2012 to allow researchers to attach tags using a carbon fiber wind surfing mast (i.e., a pole).

    The current minor amendment (No. 14296-02) extends the duration of the permit through July 31, 2016, but does not change any other terms or conditions of the permit.

    Dated: July 9, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-18454 Filed 7-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2015-0027] Proposed Collection; Comment Request AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance the Paperwork Reduction Act of 1995, the Department of the Army announces a proposed revision of a public information collection and seeks public comment on the provisions thereof. 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 information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by September 28, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

    Federal eRulemaking 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, docket number and title 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.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to U.S. Army Corps of Engineers, 441 G Street NW., Washington, DC 20314-1000, Attn: CECW-CO-R, or call Department of the Army Reports clearance officer at (703) 428-6440.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Application for a Department of the Army Permit; ENG Form 4345, OMB Control Number 0710-0003.

    Needs and Uses: Information collected is used to evaluate, as required by law, proposed construction or filing in waters of the United States that result in impacts to the aquatic environment and nearby properties, and to determine if issuance of a permit is in the public interest. Respondents are private landowners, businesses, non-profit organizations, and government agencies. Respondents also include sponsors of proposed and approved mitigation banks and in-lieu fee programs.

    Affected Public: Individuals or households; business or other for-profit; not-for-profit institutions; farms; Federal government; State; local or tribal government.

    Annual Burden Hours: 880,000.

    Number of Respondents: 80,000.

    Responses per Respondent: 1.

    Average Burden per Response: 11 hours.

    Frequency: On occasion.

    The Corps of Engineers is required by three federal laws, passed by Congress, to regulate construction-related activities in waters of the United States. This is accomplished through the review of applications for permits to do this work.

    Dated: July 23, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-18543 Filed 7-27-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary National Commission on the Future of the Army; Notice of Federal Advisory Committee Meeting AGENCY:

    Deputy Chief Management Officer, Department of Defense (DoD).

    ACTION:

    Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The DoD is publishing this notice to announce two days of meetings of the National Commission on the Future of the Army (“the Commission”). The meetings will be partially closed to the public.

    DATES:

    Date of the Closed Meeting: Monday, August 17, 2015, from 11:00 a.m. to 5:00 p.m.

    Date of the Open Meeting: Tuesday, August 18, 2015, from 9:00 a.m. to 12:00 p.m.

    ADDRESSES:

    Address of Closed Meeting, August 17, 2015: Rm 12110, 5th Floor, Zachary Taylor Building, 2530 Crystal Dr., Arlington, VA 22202.

    Address of Open Meeting, August 18, 2015: Polk Conference Room, Room 12158, James Polk Building, 2521 S. Clark St., Arlington, VA 22202.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Don Tison, Designated Federal Officer, National Commission on the Future of the Army, 700 Army Pentagon, Room 3E406, Washington, DC 20310-0700, Email: [email protected] Desk (703) 692-9099. Facsimile (703) 697-8242.

    SUPPLEMENTARY INFORMATION:

    This meeting will be held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of Meetings:

    During the closed meeting on Monday, August 17, 2015, the Commission will hear classified testimony from individual witnesses, members from two subcommittees and engage in discussion on the roles the Army fills in Combatant Commands, Current and Future operational environment and threats to the land forces in the Area of Responsibly.

    During the open meeting on Tuesday, August 18, 2015, the Commission will hear comments from a panel of representatives from the Air Force, Navy, Marine Corps and Joint Staff, representatives from the RAND Corporation, the Public will have the opportunity to provide verbal comments, and immediately afterwards the Commission will discuss topics raised during the organizational and public comment session.

    Agendas:

    August 17, 2015—Closed Hearing: The Commission will hear comments from the Deputy Secretary of Defense, Combatant Commanders and representatives from the Operational and the Aviation Sub Committees. The Combatant Commanders have been asked to address: The current and future operational environment and threats for land forces in Area of Responsibility, Roles that Army forces fulfill in COCOM including Executive Agency missions, Army forces contribution to Theater Security Cooperation including State Partnership for Peace activities, Current and Future operational and strategic network threats and Multi Composition Integration.

    Speakers include, but are not limited to; Deputy Secretary of Defense, representatives from U.S. Pacific Command, U.S. Southern Command, and U.S. Cyber Command. All presentations and resulting discussion are classified.

    August 18, 2015—Open Hearing: The Commission will hear verbal comments from representatives from the United States Navy, United States Air Force, United States Marine Corps, and the Joint Staff on Department interdependence. The RAND corporation will present an analysis of Risk as it relates to the size of the Army. Time will be allocated for public comment and immediately afterwards the Commission will discuss topics raised during the Organizational and public comments session.

    Meeting Accessibility:

    In accordance with applicable law, 5 U.S.C. 552b(c), and 41 CFR 102-3.155, the DoD has determined that the portion of the meeting scheduled for Monday, August 17, 2015, from 11:00 a.m. to 5:00 p.m. will be closed to the public. Specifically, the Assistant Deputy Chief Management Officer, with the coordination of the DoD FACA Attorney, has determined in writing that this portion of the meeting will be closed to the public because it will discuss matters covered by 5 U.S.C. 552b(c)(1).

    Pursuant to 41 CFR 102-3.140 through 102-3.165 and the availability of space, the meeting scheduled for August 18, 2015 from 9:00 a.m. to 12:00 p.m. at the James Polk Building is open to the public. Seating is limited and pre-registration is strongly encouraged. Media representatives are also encouraged to register. Members of the media must comply with the rules of photography and video filming in the James Polk Building. The closest public parking facility is located in the basement and along the streets. Visitors will be required to present one form of photograph identification. Visitors to the James Polk Office Building will be screened by a magnetometer, and all items that are permitted inside the building will be screened by an x-ray device. Visitors should keep their belongings with them at all times. The following items are strictly prohibited in the James Polk Office Building: Any pointed object, e.g., knitting needles and letter openers (pens and pencils are permitted); any bag larger than 18″ wide x 14″ high x 8.5″ deep; electric stun guns, martial arts weapons or devices; guns, replica guns, ammunition and fireworks; knives of any size; mace and pepper spray; razors and box cutters.

    Written Comments:

    Pursuant to section 10(a)(3) of the FACA and 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written comments to the Commission in response to the stated agenda of the open and/or closed meeting or the Commission's mission. The Designated Federal Officer (DFO) will review all submitted written statements. Written comments should be submitted to Mr. Donald Tison, DFO, via facsimile or electronic mail, the preferred modes of submission. Each page of the comment must include the author's name, title or affiliation, address, and daytime phone number. All comments received before Friday, August 14, 2015, will be provided to the Commission before the August 18, 2015, meeting. Comments received after Friday, August 14, 2015, will be provided to the Commission before its next meeting. All contact information may be found in the FOR FURTHER INFORMATION CONTACT section.

    Oral Comments:

    In addition to written statements, twenty minutes will be reserved for individuals or interest groups to address the Commission on August 18, 2015. Those interested in presenting oral comments to the Commission must summarize their oral statement in writing and submit with their registration. The Commission's staff will assign time to oral commenters at the meeting; no more than five minutes each for individuals. While requests to make an oral presentation to the Commission will be honored on a first come, first served basis, other opportunities for oral comments will be provided at future meetings.

    Registration:

    Individuals and entities who wish to attend the public hearing and meeting on Tuesday, August 18, 2015 are encouraged to register for the event with the DFO using the electronic mail and facsimile contact information found in the FOR FURTHER INFORMATION CONTACT section. The communication should include the registrant's full name, title, affiliation or employer, email address, day time phone number. This information will assist the Commission in contacting individuals should it decide to do so at a later date. If applicable, include written comments and a request to speak during the oral comment session. (Oral comment requests must be accompanied by a summary of your presentation.) Registrations and written comments should be typed.

    Additional Information:

    The DoD sponsor for the Commission is the Deputy Chief Management Officer. The Commission is tasked to submit a report, containing a comprehensive study and recommendations, by February 1, 2016 to the President of the United States and the Congressional defense committees. The report will contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study. The comprehensive study of the structure of the Army will determine whether, and how, the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources.

    Dated: July 23, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-18423 Filed 7-27-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD-2014-HA-0086] Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    DATES:

    Consideration will be given to all comments received by August 27, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Fred Licari, 571-372-0493.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form and OMB Number: DoD Patient Safety Survey; OMB Control Number 0720-0034.

    Type of Request: Reinstatement.

    Number of Respondents: 14,022.

    Responses per Respondent: 1.

    Annual Responses: 14,022.

    Average Burden per Response: 10 minutes.

    Annual Burden Hours: 2,337.

    Needs and Uses: The DoD Patient Safety Culture Survey will be critical to evaluate and better assess the needs of MHS facilities to promote patient safety culture. Survey results will be prepared at the facility and Service levels, as well as MHS overall. Facilities will benefit by being given the opportunity to receive feedback about their staff's responses to the survey, which will provide insight into their strengths and areas for improvements the survey will provide an overview of the status of Service and MHS patient safety to higher leadership, who can then appropriately allocate the necessary resources and tools to decrease medical errors and improve safety.

    Affected Public: Federal Government; individuals or households.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

    OMB Desk Officer: Mr. Josh Brammer.

    Written comments and recommendations on the proposed information collection should be emailed to Mr. Josh Brammer, DoD Desk Officer, at [email protected] Please identify the proposed information collection by DoD Desk Officer and the Docket ID number and title of the information collection.

    You may also submit comments and recommendations, identified by Docket ID number and title, by the following method:

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

    Instructions: All submissions received must include the agency name, Docket ID number and title 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.

    DoD Clearance Officer: Mr. Frederick Licari.

    Written requests for copies of the information collection proposal should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Dated: July 22, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-18401 Filed 7-27-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 15-40] 36(b)(1) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Pub. L. 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sarah A. Ragan or Ms. Heather N. Harwell, DSCA/LMO, (703) 604-1546 or (703) 607-5339.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 15-40 with attached Policy Justification and Sensitivity of Technology.

    Dated: July 23, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN28JY15.000 BILLING CODE 5001-06-C Transmittal No. 15-40 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Lebanon

    (ii) Total Estimated Value:

    Major Defense Equipment * $230 million Other $ 15 million Total $245 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: One thousand (1,000) BGM-71E-4B-RF Tube-launched, Optically-tracked, Wireless-guided (TOW) 2A Anti-Armor Radio-Frequency missiles, five hundred (500) BGM-71-H-1-RF TOW Bunker Buster Radio Frequency (RF) missiles, fifty (50) M220A2 TOW launchers, containers, spare and repair parts, support equipment, publications and technical documentation, personnel training and training equipment, U.S. Government and contractor logistics and technical support services, and other related elements of program and logistics support.

    (iv) Military Department: Army (WER, Amendment #1 and WFD, Amendment #1)

    (v) Prior Related Cases, if any:

    FMS Case WER—$12.6M—June 2014 FMS Case WFD—$9M—October 2014

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services proposed to be sold: See Attached Annex

    (viii) Date Report Delivered to Congress: 21 JULY 2015

    *As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Lebanon—TOW 2A Missiles

    The Government of Lebanon has requested possible sale of One thousand (1000) BGM-71E-4B-RF Tube-launched, Optically-tracked, Wireless-guided (TOW) 2A Anti-Armor Radio-Frequency missiles, five hundred (500) BGM-71-H-1-RF TOW Bunker Buster Radio Frequency (RF) missiles, fifty (50) M220A2 TOW launchers, containers, spare and repair parts, support equipment, publications and technical documentation, personnel training and training equipment, U.S. Government and contractor logistics and technical support services, and other related elements of program and logistics support. The estimated cost is $245 million.

    This proposed sale will enhance the foreign policy and national security of the United States by helping to improve the security of a friendly country that has been and continues to be an important force for political stability and economic progress in the Middle East.

    The proposed sale of TOW missiles will improve Lebanon's capability to meet current and future threats and provide greater security for its critical infrastructure. Lebanon will use the enhanced capability to strengthen its homeland defense. Lebanon will have no difficulty absorbing these missiles into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractor will be The Raytheon Company in Andover, Massachusetts. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Lebanon.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 15-40 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The TOW 2A Radio-Frequency (RF) missile (BGM-71E-4B-RF) is a direct attack missile designed to defeat targets such as armored vehicles and reinforced urban structures. The TOW 2A RF missile can be launched from the same launcher platforms as the existing wire-guided TOW 2A missile without modification to the launcher. The TOW 2A missile (both wire & RF) contains two tracker beacons (xenon and thermal) for the launcher to track and guide the missile in flight. Guidance commands from the launcher are provided to the missile by an RF link contained within the missile case. The hardware, software, and technical publications provided with the sale are Unclassified.

    2. The TOW Bunker Buster (BB) Radio Frequency (RF) missile (BGM-71H-1-RF) is used to defeat field fortifications, bunkers, and urban structures. The TOW BB Aero RF missile can be launched from the same launcher platforms as the existing wire-guided TOW 2A missiles without modification to the launcher. The TOW BB missile (both wired and RF) contains two tracker beacons (xenon and thermal) for the launcher to track and guide the missile in flight. Guidance commands from the launcher are provided to the missile by an RF link contained within the missile case. The hardware, software, and technical publications provided with the sale are Unclassified.

    3. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures which might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.

    4. A determination has been made that the Government of Lebanon can provide substantially the same degree of protection for the technology being released as the U.S. Government. The sale is necessary in furtherance of the U.S. foreign policy and national security objectives as outlined in the Policy Justification of the notification.

    5. All defense articles and services listed in this transmittal have been authorized for release and export to Lebanon.

    [FR Doc. 2015-18432 Filed 7-27-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2015-0005] Proposed Collection; Comment Request AGENCY:

    Department of Navy (DON), DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Naval Sea Systems Command (NAVSEA), Cost Engineering and Industrial Analysis Group (SEA 05C) announces a proposed public information collection and seeks public comment on the provisions thereof. 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 information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by September 28, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

    Federal eRulemaking 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, docket number and title 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.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Naval Sea Systems Command (SEA 05C), 1333 Isaac Hull Avenue SE., STOP 1340, Washington Navy Yard, ATTN: Denitra Carter, Washington, DC 20376-1340, at (202) 781-5069.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Facilities Available for the Construction or Repair of Ships; Standard Form 17; OMB Control Number 0703-0006.

    Needs and Uses: This information collection is part of a joint effort between the Naval Sea Systems Command (NAVSEA) and the U.S. Maritime Administration (MARAD), to maintain a working data set on active U.S. Shipyards. The information collected is required by the Merchant Marine Act of 1936 as amended and is critical in providing both organizations with a comprehensive list of U.S. commercial shipyards and their capabilities and capacities. These shipyards play a crucial role in national defense, the economy and the U.S. transportation infrastructure and as such, are of considerable interest to the U.S. Government. The data collected is used to assess the capabilities and capacities of U.S. commercial shipyards in the areas of ship repair and ship construction. The data is also used to monitor employment numbers for labor forecasting for future build projects as well as providing information on the ability to raise labor to meet national industrial mobilization requirements during times of national emergency. The data collected is the main source of information on these shipyards and is used to these ends.

    Affected Public: Business or other for profit.

    Annual Burden Hours: 800.

    Number of Respondents: 200.

    Responses per Respondent: 1.

    Average Burden per Response: 4 hours.

    Frequency: Annual.

    Respondents are businesses involved in shipbuilding and/or ship repair who provide NAVSEA and MARAD with information and a list of facilities available for the construction or repair of ships that is utilized in a database for assessing the production capacity of the individual shipyards.

    Dated: July 23, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-18427 Filed 7-27-15; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0096] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Program for International Student Assessment 2012 (PISA:2012) Validation Study 2015 Field Test and Main Study Additional Module Amendment AGENCY:

    Institute of Education Science (IES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before August 27, 2015.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://wwww.regulations.gov by searching the Docket ID number ED-2015-ICCD-0096. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E103, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Kashka Kubzdela, (202) 502-7411.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Program for International Student Assessment 2012 (PISA:2012) Validation Study 2015 Field Test and Main Study Additional Module Amendment.

    OMB Control Number: 1850-0911.

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

    Respondents/Affected Public: Individuals.

    Total Estimated Number of Annual Responses: 6,620.

    Total Estimated Number of Annual Burden Hours: 2,347.

    Abstract: PISA (Program for International Student Assessment) is an international assessment of 15-year-olds designed to evaluate, at the end of compulsory education, how well students are prepared for the challenges of further education and the workforce (OMB# 1850-0755). To date, in the United States, PISA has been administered only as a cross-sectional study, and thus it has not been possible to evaluate how well it assesses key competencies of 15-year-olds for their later success. NCES proposes to conduct a follow-up study with students who participated in PISA 2012 to learn how performance on PISA relates to subsequent outcomes and skills of young adults. The follow-up study—referred to in materials to potential respondents as the PISA Young Adult Follow-Up Study, and in this request as the PISA Validation Study—will provide information about how students' skills and experiences at age 15, collected through PISA, relate to subsequent literacy, numeracy, and problem-solving skills, as well as educational attainment, education and work experiences, skills used in daily life, career intentions, and aspects of well-being. In fall 2015, when these students will be around 18 years of age, they will be asked to take the web-based version of the Organization for Economic Cooperation and Development 's (OECD) Program for the International Assessment of Adult Competencies (PIAAC) assessment and background questionnaire—the Education and Skills Online (ESO). In fall 2013, students in the United States who participated in PISA 2012 and supplied contact information were contacted and invited to update their contact information in preparation for the follow-up study (OMB# 1850-0900 v.1). In March 2015, OMB approved recruitment of the PISA 2012 sample respondents who have been successfully located; administer ESO to a field test sample in the 2015; and subsequently administering ESO to a main study sample in later 2015 (OMB# 1850-0900 v.2). This submission is to add another module, the subjective well-being and health (SWBH) module, to the validation study questionnaire per OECD requirement. The SWBH module was included in the first approval for PISA Validation Study 2015 (OMB# 1850-0900 v.1) and is now being added to the final field test and main study questionnaire in the currently active PISA Validation Study 2015 record (OMB# 1850-0900 v.2).

    Dated: July 22, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-18350 Filed 7-27-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0066] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Graduate Assistance in Areas of National Need (GAANN) Performance Report AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before August 27, 2015.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://wwww.regulations.gov by searching the Docket ID number ED-2015-ICCD-0066. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E103, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Rebecca Ell, 202-502-7779.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Graduate Assistance in Areas of National Need (GAANN) Performance Report.

    OMB Control Number: 1840-0748.

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

    Respondents/Affected Public: Private Sector, State, Local and Tribal Governments.

    Total Estimated Number of Annual Responses: 291.

    Total Estimated Number of Annual Burden Hours: 3,273.

    Abstract: Graduate Assistance in Areas of National Need (GAANN) grantees must submit a performance report annually. The reports are used to evaluate grantee performance. Further, the data from the reports will be aggregated to evaluate the accomplishments and impact of the GAANN Program as a whole. Results will be reported to the Secretary in order to respond to GPRA requirements.

    Dated: July 22, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-18356 Filed 7-27-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2015-ICCD-0097] Agency Information Collection Activities; Comment Request; Natural Experiments and Model Career-Focused Schools: An Environmental Scan AGENCY:

    Office of Career, Technical, and Adult Education (OCTAE), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before September 28, 2015.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://wwww.regulations.gov by searching the Docket ID number ED-2015-ICCD-0097. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E115, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Braden Goetz, (202) 245-7405.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Natural Experiments and Model Career-Focused Schools: An Environmental Scan.

    OMB Control Number: 1830-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: State, Local and Tribal Governments.

    Total Estimated Number of Annual Responses: 100.

    Total Estimated Number of Annual Burden Hours: 25.

    Abstract: The purpose of this collection is to determine the extent to which there are natural circumstances that approximate random assignment among a group of college- and career-focused schools that belong to one or more school reform networks. A survey will be administered to principals of these schools to determine if they are oversubscribed and use lotteries for student admission. If a sufficient number of schools with such practices are identified, future research could use these naturally occurring experimental conditions to investigate differences in the outcomes achieved by students who attend these types of schools.

    Dated: July 23, 2015. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-18438 Filed 7-27-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY:

    Department of Energy (DOE).

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, August 27, 2015 6:00 p.m.

    ADDRESSES:

    Barkley Centre, 111 Memorial Drive, Paducah, Kentucky 42001.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Woodard, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001, (270) 441-6825.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda:

    • Call to Order, Introductions, Review of Agenda • Administrative Issues • Public Comments (15 minutes) • Adjourn Breaks Taken As Appropriate

    Public Participation: The EM SSAB, Paducah, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Jennifer Woodard as soon as possible in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Jennifer Woodard at the telephone number listed above. Requests must be received as soon as possible prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. The EM SSAB, Paducah, will hear public comments pertaining to its scope (clean-up standards and environmental restoration; waste management and disposition; stabilization and disposition of non-stockpile nuclear materials; excess facilities; future land use and long-term stewardship; risk assessment and management; and clean-up science and technology activities). Comments outside of the scope may be submitted via written statement as directed above.

    Minutes: Minutes will be available by writing or calling Jennifer Woodard at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.pgdpcab.energy.gov/2015Meetings.html.

    Issued at Washington, DC, on July 23, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-18525 Filed 7-27-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Saturday, August 22, 2015, 8:00 a.m. to 2:00 p.m.

    ADDRESSES:

    The Tremont Lodge, 7726 E. Lamar Alexander Parkway, Townsend, Tennessee 37882.

    FOR FURTHER INFORMATION CONTACT:

    Melyssa P. Noe, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone (865) 241-3315; Fax (865) 576-0956 or email: [email protected] or check the Web site at http://energy.gov/orem/services/community-engagement/oak-ridge-site-specific-advisory-board.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda:

    • Meeting Objectives: 1. Develop an increased understanding of and commitment to the goals of the Board. 2. Evaluate the effectiveness and achievements of fiscal year (FY) 2015. 3. Begin development of the FY 2016 work plan. • Welcome, Opening Remarks and Introduction of New Members • Review of Objectives, Logistics, Keys to Success • Comments from the Deputy Designated Federal Officer • Board Mission and Accomplishments • Board Operations • Break • Presentation on Work Plan Topics and Discussion • Summary of Morning Discussions • Board Business • Public Comment Period • Remarks from Federal Coordinator and Board Chair • Lunch Break • Follow-on Discussion • Adjourn

    Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Melyssa P. Noe at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Melyssa P. Noe at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Melyssa P. Noe at the address and phone number listed above. Minutes will also be available at the following Web site: http://energy.gov/orem/services/community-engagement/oak-ridge-site-specific-advisory-board.

    Issued at Washington, DC, on July 22, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-18528 Filed 7-27-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Extension AGENCY:

    U.S. Energy Information Administration (EIA), Department of Energy.

    ACTION:

    Notice and request for OMB review and comment.

    SUMMARY:

    The EIA has submitted an information collection request to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The information collection requests a three-year extension of its Uranium Data Program, OMB Control Number 1905-0160. The proposed collection will continue the use of Form EIA-851A “Domestic Uranium Production Report (Annual),” Form EIA-851Q “Domestic Uranium Production Report (Quarterly),” and the Form EIA-858 “Uranium Marketing Annual Survey.” EIA proposed no changes to Forms EIA-851A, EIA-851Q, and EIA-858.

    DATES:

    Comments regarding this proposed information collection must be received on or before August 27, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the DOE Desk Officer at OMB of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4718.

    ADDRESSES:

    Written comments should be sent to the DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street NW., Washington, DC 20503, and to Douglas Bonnar, Operations Research Analyst, Fax at 202-586-3045, Email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Douglas Bonnar, [email protected] The information collection instruments and instructions are available on the EIAWeb site at http://www.eia.gov/survey/#uranium.

    SUPPLEMENTARY INFORMATION:

    This information collection request contains:

    (1) OMB No.: 1905-0160;

    (2) Information Collection Request Title: Uranium Data Program;

    (3) Type of Request: Three-year extension;

    (4) Purpose: Uranium Data Program is intended to collect high-quality statistical data on domestic uranium supply and demand activities, including production, exploration and development, trade, and purchases and sales available to the U.S. The audience for these data includes the Congress, other Executive Branch agencies, the nuclear and uranium industry, and the public in general. Form EIA-851A collects annual data from the U.S. uranium industry on uranium milling and processing, uranium feed sources, uranium mining, employment, drilling, expenditures, and uranium reserves. The data collected are published in EIA's Domestic Uranium Production Report—Annual, http://www.eia.gov/uranium/production/annual/. Form EIA-851Q collects monthly data from the U.S. uranium industry on uranium production and sources (mines and other) on a quarterly basis. The data collected are published in EIA's Domestic Uranium Production Report—Quarterly, http://www.eia.gov/uranium/production/quarterly/. Form EIA-858 collects annual data from the U.S. uranium market on uranium contracts, deliveries, inventories, enrichment services purchased, uranium use in fuel assemblies, feed deliveries to enrichers, and unfilled market requirements. Uranium deliveries, feed deliveries to enrichers, and unfilled market requirements are reported both for the current reporting year and for the following ten years. The data collected appear in the following EIA publications: Uranium Marketing Annual Report, http://www.eia.gov/uranium/marketing/ and Domestic Uranium Production Report—Annual, http://www.eia.gov/uranium/production/annual/;

    (5) Annual Estimated Number of Respondents: 102;

    (6) Annual Estimated Number of Total Responses: 169;

    (7) Annual Estimated Number of Burden Hours: 1,207;

    (8) Annual Estimated Reporting and Recordkeeping Cost Burden: EIA estimates that there are no additional costs to respondents associated with the surveys other than the costs associated with the burden hours. The information is maintained in the normal course of business. The cost of burden hours to the respondents is estimated to be $86,868 (1,207 burden hours times $71.97 per hour). Therefore, other than the cost of burden hours, EIA estimates that there are no additional costs for generating, maintaining and providing the information.

    Statutory Authority:

    Section 13(b) of the Federal Energy Administration Act of 1974, Pub. L. 93-275, codified at 15 U.S.C. 772(b).

    Issued in Washington, DC, on July 22, 2015. Nanda Srinivasan, Director, Office of Survey Development and Statistical Integration, U.S. Energy Information Administration.
    [FR Doc. 2015-18524 Filed 7-27-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-2224-000] Solar Star Colorado III, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Solar Star Colorado III, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is August 10, 2015.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 21, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-18299 Filed 7-27-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-1406-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2015-07-20_SA 2766 2nd Amendment to ATC-City of Elkhorn CFA to be effective 5/31/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5166.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-1409-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2015-07-20_SA 2769 2nd Amendment to ATC-Reedsburg CFA to be effective 5/31/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5179.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-2226-000.

    Applicants: New York Independent System Operator, Inc.

    Description: Compliance filing: NYISO Compliance Order No. 676-H NAESB WEQ Business Practice Standards to be effective 5/15/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5152.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-2227-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-07-20_Minnkota-MISO Coordination and Operation Agreement to be effective 9/1/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5186.

    Comments Due: 5 p.m. ET 8/10/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 20, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-18496 Filed 7-27-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-170-000.

    Applicants: Evergreen Wind Power II, LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act and Request for Waivers, Confidential Treatment, Expedited Action and Shortened Comment Period of Evergreen Wind Power II, LLC.

    Filed Date: 7/16/15.

    Accession Number: 20150716-5257.

    Comments Due: 5 p.m. ET 8/6/15.

    Docket Numbers: EC15-171-000.

    Applicants: Wisconsin River Power Company.

    Description: Application for Approval of Transaction Under Section 203(a)(1)(B) of the Federal Power Act and Request For An Order Within 30 Days of Wisconsin River Power Company.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5219.

    Comments Due: 5 p.m. ET 8/7/15.

    Docket Numbers: EC15-172-000.

    Applicants: SEIF/Co-Invest Generation Holdings, LLC, Burgess Biopower, LLC.

    Description: Application of SEIF/Co-Invest Generation Holdings, LLC, et. al. for Authorization under Section 203 of the Federal Power Act for Disposition of Jurisdictional Facilities and Requests for Expedited Consideration and Confidential Treatment.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5130.

    Comments Due: 5 p.m. ET 8/10/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-519-001.

    Applicants: ISO New England Inc.

    Description: Compliance filing: Order No. 676-H Compliance Filing to be effective 5/15/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5113.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-531-001.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2015_7_17_Order676HCompliance to be effective 5/15/2015.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5175.

    Comments Due: 5 p.m. ET 8/7/15.

    Docket Numbers: ER15-696-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Compliance filing: Compliance Filing per 6/18/15 Order in Docket No. ER15-696-000 to be effective 6/18/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5134.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-1985-000; ER15-1986-000; ER15-1987-000; ER15-1988-000; ER15-1989-000; ER15-1990-000; ER15-1991-000; ER15-1992-000; ER15-1993-000; ER15-1994-000; ER15-1995-000; ER15-1996-000; ER15-2029-000; ER15-2030-000; ER15-2031-000; ER15-1997-000; ER15-2032-000; ER15-1998-000; ER15-1999-000; ER15-2000-000; ER15-2001-000; ER15-2002-000; ER15-2003-000; ER15-2007-000; ER15-2004-000; ER15-2005-000; ER15-2006-000.

    Applicants: AV Solar Ranch 1, LLC, Baltimore Gas and Electric Company, Beebe Renewable Energy, LLC, Calvert Cliffs Nuclear Power Plant, LLC, CER Generation, LLC, Commonwealth Edison Company, Constellation Mystic Power, LLC, Constellation Power Source Generation, LLC, Cow Branch Wind Power, LLC, CR Clearing, LLC, Criterion Power Partners, LLC, Exelon Framingham, LLC, Exelon New Boston, LLC, Exelon West Medway, LLC, Exelon Wind 4, LLC, Exelon Wyman, LLC, Handsome Lake Energy, LLC, Harvest II Windfarm, LLC, Harvest WindFarm, LLC, Michigan Wind 1, LLC, Michigan Wind 2, LLC, Nine Mile Point Nuclear Station, LLC, PECO Energy Company, R.E. Ginna Nuclear Power Plant, LLC, Shooting Star Wind Project, LLC, Wildcat Wind, LLC, Wind Capital Holdings, LLC.

    Description: Supplement to June 26, 2015 AV Solar Ranch 1, LLC, et. al. tariff filings.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5222.

    Comments Due: 5 p.m. ET 7/31/15.

    Docket Numbers: ER15-2224-000.

    Applicants: Solar Star Colorado III, LLC.

    Description: Baseline eTariff Filing: Solar Star Colorado III, LLC Market-Based Rate Tariff to be effective 8/1/2015.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5176.

    Comments Due: 5 p.m. ET 8/7/15.

    Docket Numbers: ER15-2225-000.

    Applicants: Erie Power LLC.

    Description: Request of Erie Power LLC for Limited Tariff Waiver and Motion for Expedited Action and Supporting Affidavit of John Marczewski.

    Filed Date: 7/16/15.

    Accession Number: 20150716-5259.

    Comments Due: 5 p.m. ET 7/30/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 20, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-18489 Filed 7-27-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-173-000.

    Applicants: KMC Thermo, LLC, Webb Energy LLC.

    Description: Joint Application of KMC Thermo, LLC and Webb Energy LLC for Authorization under Section 203 of the Federal Power Act and Request for Expedited Action.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5255.

    Comments Due: 5 p.m. ET 8/10/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER14-781-004.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: Second Compliance Filing—Generator Interconnection Process Improvement to be effective 3/1/2014.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5202.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-746-002.

    Applicants: RC Cape May Holdings, LLC.

    Description: Tariff Amendment: Second Supplement to Reactive Rate Schedule Change Request to be effective 12/31/9998.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5100.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1344-002.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Response to Deficiency Letter issued in Docket No. ER15-1344 to be effective 6/18/2015.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5145.

    Comments Due: 5 p.m. ET 8/7/15.

    Docket Numbers: ER15-1473-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2015-07-20_SA 2771 2nd Amendment to ATC-Cloverland CFA to be effective 6/8/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5199.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-1479-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2015-07-20_SA 2773 2nd Amendment to ATC-Adams-Columbia CFA to be effective 6/9/2015.

    Filed Date: 7/20/15.

    Accession Number: 20150720-5200.

    Comments Due: 5 p.m. ET 8/10/15.

    Docket Numbers: ER15-1638-001.

    Applicants: Dynegy Conesville, LLC.

    Description: Tariff Amendment: Response to Defiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5010.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1640-001.

    Applicants: Dynegy Dicks Creek, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5011.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1641-001.

    Applicants: Dynegy Fayette II, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5012.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1642-001.

    Applicants: Dynegy Hanging Rock II, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5014.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1643-001.

    Applicants: Dynegy Killen, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5015.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1644-001.

    Applicants: Dynegy Lee II, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5016.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1645-001.

    Applicants: Dynegy Miami Fort, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5017.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1647-001.

    Applicants: Dynegy Stuart, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5018.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1648-001.

    Applicants: Dynegy Washington II, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5019.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-1649-001.

    Applicants: Dynegy Zimmer, LLC.

    Description: Tariff Amendment: Response to Deficiency Letter to be effective 4/2/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5020.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-2085-000.

    Applicants: Dow Pipeline Company.

    Description: Supplement to June 30, 2015 Dow Pipeline Company tariff filing.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5221.

    Comments Due: 5 p.m. ET 8/7/15.

    Docket Numbers: ER15-2228-000.

    Applicants: Louisville Gas and Electric Company.

    Description: Section 205(d) Rate Filing: Revisions to Attach N Small Generator Interconnection Procedures and Agreement to be effective 7/24/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5064.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-2229-000.

    Applicants: ISO New England Inc.

    Description: ISO New England Inc. Resource Termination—Hampshire Council of Governments.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5089.

    Comments Due: 5 p.m. ET 8/11/15.

    Docket Numbers: ER15-2230-000.

    Applicants: Jersey Central Power & Light Company, Pennsylvania Electric Company, Metropolitan Edison Company, PJM Interconnection, L.L.C.

    Description: Section 205(d) Rate Filing: Pennsylvania Electric Company et al. Filing of New Service Agreements to be effective 9/21/2015.

    Filed Date: 7/21/15.

    Accession Number: 20150721-5093.

    Comments Due: 5 p.m. ET 8/11/15.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RR15-4-001.

    Applicants: North American Electric Reliability Corporation.

    Description: Compliance Filing and Petition for Approval of Rules of Procedure Revisions of North American Electric Reliability Corporation.

    Filed Date: 7/17/15.

    Accession Number: 20150717-5232.

    Comments Due: 5 p.m. ET 8/17/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 21, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-18497 Filed 7-27-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP15-1118-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Section 4(d) Rate Filing: Multiple Shipper Option Agreement—Rate Schedules AFT-1 and AFT-CL to be effective 10/1/2015.

    Filed Date: 7/15/15.

    Accession Number: 20150715-5098.

    Comments Due: 5 p.m. ET 7/27/15.

    Docket Numbers: RP15-1119-000.

    Applicants: Gas Transmission Northwest LLC.

    Description: Compliance filing Compliance to CP12-494-000—Carty Lateral Rates to be effective 12/31/9998.

    Filed Date: 7/15/15.

    Accession Number: 20150715-5122.

    Comments Due: 5 p.m. ET 7/27/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 16, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-18498 Filed 7-27-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY National Nuclear Security Administration Defense Programs Advisory Committee AGENCY:

    Office of Defense Programs, National Nuclear Security Administration, Department of Energy.

    ACTION:

    Notice of closed meeting.

    SUMMARY:

    This notice announces a closed meeting of the Defense Programs Advisory Committee (DPAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of meetings be announced in the Federal Register. Due to national security considerations, under section 10(d) of the Act and 5 U.S.C. 552b(c), the meeting will be closed to the public and matters to be discussed are exempt from public disclosure under Executive Order 13526 and the Atomic Energy Act of 1954, 42 U.S.C. 2161 and 2162, as amended.

    DATES:

    August 13, 2015, 8:30 a.m. to 5:00 p.m. and August 14, 2015, 9:00 a.m. to 4:00 p.m.

    ADDRESSES:

    U.S. Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Loretta Martin, Office of RDT&E (NA-113), National Nuclear Security Administration, U.S. Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585, (202) 586-7996.

    SUPPLEMENTARY INFORMATION:

    Background

    The DPAC provides advice and recommendations to the Deputy Administrator for Defense Programs on the stewardship and maintenance of the Nation's nuclear deterrent.

    Purpose of the Meeting: The purpose of this meeting of the DPAC is to review previous presentations received by the Committee and discuss a draft of the classified report to be provided to the National Nuclear Security Administration in response to the charge to the Committee.

    Type of Meeting: In the interest of national security, the meeting will be closed to the public. The Federal Advisory Committee Act, 5 U.S.C. App. 2, section 10(d), and the Federal Advisory Committee Management Regulation, 41 CFR 102-3.155, incorporate by reference the Government in the Sunshine Act, 5 U.S.C. 552b, which, at 552b(c)(1) and (c)(3) permits closure of meetings where restricted data or other classified matters will be discussed. Such data and matters will be discussed at this meeting.

    Tentative Agenda: Day 1—Welcome, annual ethics briefing, discussion of draft report; Day 2—Discussion of draft report, reconciliation of input, conclusion.

    Public Participation: There will be no public participation in this closed meeting. Those wishing to provide written comments or statements to the Committee are invited to send them to Loretta Martin at the address listed above.

    Minutes

    The minutes of the meeting will not be available.

    Issued in Washington, DC, on July 22, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-18526 Filed 7-27-15; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0090; FRL-9931-22-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Miscellaneous Metal Parts and Products (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Miscellaneous Metal Parts and Products (40 CFR part 63, subpart MMMM) (Renewal)” (EPA ICR No. 2056.05, OMB Control No. 2060-0486), 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 27, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0090, 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: Respondents are existing facilities and new facilities with miscellaneous metal parts and products surface coating operations, and associated equipment or containers used for mixing, conveying, storage, or waste.

    Form Numbers: None.

    Respondents/affected entities: Respondents are existing facilities and new facilities with miscellaneous metal parts and products surface coating operations, and associated equipment or containers used for mixing, conveying, storage, or waste.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart MMMM).

    Estimated number of respondents: 4,992 (total).

    Frequency of response: Initially, occasionally, and semiannually.

    Total estimated burden: 2,280,000 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $230,050,000 (per year), which includes $1,050,000 in either annualized capital/start up or operation & maintenance costs.

    Changes in the Estimates: There is a small increase in the respondent burden due to adjustments. The increase is not due to regulation changes. In this ICR, we assume existing respondents have to re-familiarize themselves each year with the regulatory requirements. In addition, we have rounded the estimates to three significant digits, which results in an apparent increase.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-18441 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0452; FRL-9930-15] Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

    DATES:

    Comments must be received on or before August 27, 2015.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2015-0452, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Submit written withdrawal request by mail to: Antimicrobials Division (7510P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. ATTN: Donna Kamarei.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Donna Kamarei, Antimicrobials Division (7510P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0443; email address: [email protected]

    SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me?

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental and human health advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from registrants to cancel 171 pesticide products registered under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in sequence by registration number in Table 1 of this unit.

    Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the Federal Register canceling all of the affected registrations.

    Table 1—Registrations With Pending Requests for Cancellation Registration codes Product name Chemical name 000499-00368 WHITMIRE PT 2000 GREEN-SHIELD HORTICULTURAL ALGICIDE, DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 000499-00482 TC 192 1-Decanaminium, N-decyl-N,N-dimethyl-, chloride. 000499-00542 TC-287 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 000875-00109 QUAT-256 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 000875-00187 D-TROL, DISINFECTANT, SANITIZER & ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001007-00098 QUAT-A-MONE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001203-00041 DELTA FOREMOST 3066 ES SHOW-OFF GERMICIDAL CONCENTRATE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001258-01269 BAQUACIL PREMIUM ALGAECIDE Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl dichloride). 001258-01335 VANTOCIL NR 3.8 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 001270-00184 ZEP LEMONEX GERMICIDAL DETERGENT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001270-00191 ZEP VENTURE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001270-00235 ZEP BOWL SHINE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001677-00232 LONZA SQ SANITIZER/DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 001706-00177 NALCON 7642 Dialkyl * methyl benzyl ammonium chloride * (60% C14, 30% C16, 5% C18, 5% C12), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 001839-00101 CD 1.6 (D & F) DETERGENT/DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001839-00103 CD 3.2 (D & F) DETERGENT/DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 001839-00146 NP 1.8 D&F DETERGENT/DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 001839-00160 BTC 885 THICKENED PHOSPHORIC ACID GERMICIDAL BOWL CLEANER. Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 002212-00016 ELIMSTAPH NO. 2 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 002296-00097 BACTI-CHEM GENERAL TYPE DETERGENT CLEANER-DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 002296-00107 LEMON-QUAT DISINFECTANT CLEANER Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 002296-00108 PINE QUAT Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 002296-00109 CHERRY-QUAT Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 002724-00517 SPEER GERMICIDAL MULTI-PURPOSE CLEANER Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14), Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 002724-00518 MAGIC GUARD DISINFECTANT/SANITIZER/DEODORIZER Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14), Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 002724-00519 MAGIC GUARD CLEANER/DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 002724-00562 MAGIC GUARD LEMON ODOR DISINFECTANT-DEODORANT-CLEANER Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 002935-00548 HYAMINE DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 003635-00278 X-CELL 420 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Dialkyl * methyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 003862-00075 MINT 7 Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 003862-00185 SPUR-TEX DISINFECTANT CLEANER-DEODORANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 004822-00370 S.C. JOHNSON WAX TOILET DUCK Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 004822-00484 BD1 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 004822-00546 DEXTER 1 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 004822-00577 RUT DISINFECTANT CLEANER Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 005813-00031 PINE SOL HOUSEHOLD CLEANER DISINFECTANT 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride. 005813-00034 PINE-SOL MULTIPURPOSE CLEANER DISINFECTANT 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride. 005813-00035 PINE-SOL PRESTO 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride. 005813-00059 CLOROX DISINFECTING SPRAY III Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 005813-00067 CLOROX 409-R 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride, Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 005813-00074 CLOROX TLC 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride, Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 005813-00088 JULIA Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 005813-00097 BRAC 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride, and Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00001 BARQUAT LB-50 Alkyl * dimethyl benzyl ammonium chloride * (65%C12, 25%C14, 10%C16). 006836-00011 BARQUAT OJ-50 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 006836-00031 LONZA SANITIZER-CLEANER 45-7 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00033 LONZA FORMULATION 70-12 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00035 BARQUAT MX-80 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00036 BARQUAT MX-50 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00047 BARQUAT OJ-10 SWIMMING POOL ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 006836-00055 BARQUAT MB 80-10 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00056 BARQUAT 42-10 Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00069 LONZA BARQUAT MX 80-10 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00076 LONZA FORMULATION S-23 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00079 205M WATER TREATMENT MICROBIOCIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00080 BARDAC 203-MP Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00082 BARQUAT OJ-80 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 006836-00096 HYAMINE 10-X (CRYSTALS) Benzenemethanaminium, N,N-dimethyl-N-(2-(2-(methyl-4-(1,1,3,3-tetramethylbutyl)phenoxy)ethoxy)ethyl)-, chloride. 006836-00097 BENZETHONIUM CHLORIDE USP GERMICIDE CONCENTRATE Benzenemethanaminium, N,N-dimethyl-N-(2-(2-(4-(1,1,3,3-tetramethylbutyl)phenoxy)ethoxy)ethyl)-, chloride. 006836-00106 HYAMINE 3500 W/E-80% Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00155 BIO-QUAT 50-24 Alkyl * dimethyl benzyl ammonium chloride * (61%C12, 23%C14, 11%C16, 2.5%C18 2.5%C10 and trace of C8). 006836-00160 BIO QUAT 50-35 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 006836-00161 BIO-QUAT 80-24 FOR MANUFACTURING USE ONLY Alkyl * dimethyl benzyl ammonium chloride * (61%C12, 23%C14, 11%C16, 2.5%C18 2.5%C10 and trace of C8). 006836-00166 BIO-GUARD M-15 DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 006836-00170 BIO QUAT T-501 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00171 BIO-QUAT 80-28R Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 006836-00172 BIO-QUAT 50-36 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00173 BIO QUAT 50-28R Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 006836-00174 BIO QUAT 80-36 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 006836-00175 BIO-QUAT 80-35 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 006836-00183 BIO-QUAT 50-60, DISINFECTANT, FUNGICIDE, ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00186 BARQUAT 80-28RX Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00187 BIO QUAT 80-42 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00188 BIO QUAT 50-42 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00189 BIO QUAT 50-30 Alkyl * dimethyl benzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 006836-00190 BIO QUAT 50-25 Alkyl * dimethyl benzyl ammonium chloride * (67%C12, 25%C14, 7%C16, 1%C8, C10, and C18). 006836-00191 BARQUAT 50-65 Decyl isononyl dimethyl ammonium chloride. 006836-00209 BARDAC 2180 Decyl isononyl dimethyl ammonium chloride. 006836-00218 BARDAC RW-10 Decyl isononyl dimethyl ammonium chloride. 006836-00219 BARDAC CW-10 Decyl isononyl dimethyl ammonium chloride. 006836-00220 BARDAC CW-50 Decyl isononyl dimethyl ammonium chloride. 006836-00221 BARDAC RW-50 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00227 LONZA FORMULATION DC-800 Decyl isononyl dimethyl ammonium chloride. 006836-00228 BARDAC 2150 LA Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00230 JORDAQUAT 350 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 006836-00244 CSP-46 CONCENTRATE Alkyl * dimethyl benzyl ammonium chloride * (67%C12, 25%C14, 7%C16, 1%C18). 006836-00285 BARQUAT 50-65A Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00294 BARDAC 255M Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00295 BARDAC 288M Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00298 BARQUAT MB-40 SWIMMING POOL ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00301 LONZA FORMULATION FC-600 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 006836-00320 LONZA CQ DISINFECTANT CLEANER Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 006943-00001 KORK RUB CLEANER DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 007364-00090 POOL-PAL 500 ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 008540-00003 FORMULA NO. 30-A 1-Decanaminium, N-decyl-N,N-dimethyl-, chloride. 008540-00013 GARRATT CALLAHAN FORMULA 35 Benzenemethanaminium, N,N-dimethyl-N-(2-(2-(4-(1,1,3,3-tetramethylbutyl)phenoxy)ethoxy)ethyl)-, chloride. 008660-00061 VERTAGREEN ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (67%C12, 25%C14, 7%C16, 1%C18), and Dialkyl * methyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 008959-00036 PORTATRINE Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 009367-00005 EMULSO GERMICIDAL BOWL CLEANER Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 009367-00045 MINT-O Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 009386-00014 AMA-3510 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 009688-00056 DEODORIZING DISINFECTING CLEANER I Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 009688-00057 CHEMSICO SPRAY DISINFECTANT I WITH BACTERIOSTATIC ACTION Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 009688-00135 CHEMSICO SURFACE DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (61%C12, 23%C14, 11%C16, 5%C18). 010324-00002 MAQUAT LC12S-80% Alkyl * dimethyl benzyl ammonium chloride * (95%C14, 3%C12, 2%C16). 010324-00121 MAQUAT 2855 Alkyl * dimethyl benzyl ammonium chloride * (95%C14, 3%C12, 2%C16). 010324-00135 MAQUAT MC1412-55% Alkyl * dimethyl benzyl ammonium chloride * (65%C12, 25%C14, 10%C16). 010707-00008 MAGNACIDE 408 INDUSTRIAL BACTERICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 012204-00010 MARCICIDE Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 037265-00042 PINE ODOR DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 037265-00049 STRIKE BAC LEMON ODOR DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 045309-00017 AQUACLEAR ALGAECIDE FORMULA-5 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 045309-00032 FREE 'N CLEAR SWIMMING POOL ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Dialkyl * methyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 045309-00033 FREE N' CLEAR 10 SWIMMING POOL ALGAECIDE 1-Decanaminium, N-decyl-N,N-dimethyl-, chloride. 045309-00044 SWIM FREE CONCENTRATED POLY-CIDE II ALGAECIDE FOR SWIMMING POOLS Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 047000-00087 SUPERSWEET MULTI-PURPOSE DISINFECTANT Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 047371-00001 FORMULATION HS-32Q Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00006 FORMULATION HS-652Q Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00010 FMB 451-8 CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00011 FMB 451-5 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 047371-00013 FMB 6075-8 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 047371-00014 FMB 3328-8 QUAT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18). 047371-00015 FMB 6075-5 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 047371-00016 FMB 4500-5 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00018 FMB 451-28 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 047371-00019 FMB 3328-5 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 047371-00020 FMB 3328-28 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 047371-00022 FMB 4500-28 QUAT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00032 FORMULATION HS-8451P Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 047371-00035 FORMULATION HS-33A Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00046 SAK-64L CLEANER Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 047371-00050 HUNTINGTON FMB 65-15 QUAT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 047371-00051 LONZA FMB-28 QUAT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00055 WTM-1210 WATER TREATMENT MICROBIOCIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00061 FMB 1210-100 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 047371-00062 FMB 28-28 QUAT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 047371-00063 FMB 3328-D40 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 047371-00069 HS-65 SWIMMING POOL ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00070 HUNTINGTON FMB 504-5 QUAT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00073 FMB 504-8 QUAT Alkyl * dimethyl benzyl ammonium chloride * (58%C14, 28%C16, 14%C12). 047371-00085 FMB 28-15 QUAT CONCENTRATED GERMICIDE Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 047371-00089 FORMULATION AE-90 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 047371-00092 HS-65 WINTERIZING ALGICIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00101 FORMULATION PA-1210 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00102 FORMULATION POQ 1210 Alkyl * dimethyl ethylbenzyl ammonium chloride * (50%C12, 30%C14, 17%C16, 3%C18), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 047371-00104 FORMULATION HS-3328 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00105 FORMULATION POQ-451 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 047371-00107 FORMULATION HS-65 SWIMMING POOL ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00149 PA-1210 HUMIDIFIER ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00153 FORMULATION POQ451 (1:32) Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00161 HS-451 DISINFECTANT/SANITIZER (50%) Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 047371-00181 WTM-1210 MICROBICIDE (33%) Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 048181-00001 HYDROCIDE GERMICIDE AND DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 061282-00060 TRYAD Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 063664-00001 QSP-451 SWIMMING POOL ALGAECIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 25%C12, 15%C16). 067262-00015 AQUA CHEM BALANCED FOR CLEAN POOLS ALGAECIDE LIQUID Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14), and Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 067517-00017 QUATERNARY DISINFECTANT Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 067517-00019 ODOR CONTROL Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 067517-00039 ANNIHILATOR CLEANER/DISINFECTANT 1-Decanaminium, N,N-dimethyl-N-octyl-, chloride, and Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 067619-00003 CPPC SPRAY 1 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 067619-00005 CPPC PS SPRAY 19054 1-Decanaminium, N,N-dimethyl-N-octyl-, chloride, and Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 067619-00022 LEX Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 070627-00001 SPRAY DISINFECTANT HG Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 070627-00059 ANTIBACTERIAL SCRUBBING BUBBLES BATHROOM CLEANER Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 070627-00064 BUTCHER'S BRIGHT DISINFECTANT FOAM CLEANER Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 070627-00065 BUTCHER'S CLOCKWORK DISINFECTANT DEODORIZER SANITIZER Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 070627-00066 BUTCHER'S BATH GUARD ACID FREE DISINFECTANT BATHROOM CLEANER Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 074655-00003 SPECTRUM RX-36 Alkyl * dimethyl benzyl ammonium chloride * (50%C14, 40%C12, 10%C16). 074655-00015 SPECTRUM RX1000 Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12). 081002-00001 CHLORINE FREE SPLASHES ALGICIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14). 090924-00008 BACTRON K-86 MICROBIOCIDE Alkyl * dimethyl benzyl ammonium chloride * (60%C14, 30%C16, 5%C18, 5%C12), and Alkyl * dimethyl ethylbenzyl ammonium chloride * (68%C12, 32%C14).

    Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in this unit.

    Table 2—Registrants Requesting Voluntary Cancellation EPA Company number Company name and address 499 BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709. 875 Diversey, Inc., 8310 16th Street, Sturtevant, WI 53177. 1007 Zoetis, Inc., 333 Portage Street, Kalamazoo, MI 49007-4931. 1203 Delta Foremost Chemical Corp., 3915 Air Park Street, Memphis, TN 38118. 1258 Arch Chemicals, Inc., 1200 Bluegrass Lakes Parkway, Alpharetta, GA 30004. 1270 Zep, Inc., 1259 Seaboard Industrial Blvd. NW., Atlanta, GA 30318. 1677 Ecolab, Inc., 370 Wabasha Street North, St. Paul, MN 55102. 1706 Nalco Company, 370 N. Wabasha Street, St. Paul, MN 55102-1390. 1839 Stepan Company, 22 W. Frontage Rd., Northfield Rd., IL 60093. 2212 Walter G. Legge Company, Inc., 444 Central Avenue, Peekskill, NY 10566. 2296 National Chemical Laboratories, Inc., 401 N. 10th Street, Philadelphia, PA 19123. 2724 Wellmark International, 1501 E. Woodfield Road, Suite 200 West, Schaumburg, IL 60173. 2935 Wilbur-Ellis Company, 2903 S. Cedar Avenue, Fresno, CA 93725. 3635 Dubois Chemicals, Inc., 3630 E. Kemper Road, Cincinnati, OH 45241. 3862 ABC Compounding Co., Inc., P.O. Box 16247, Atlanta, GA 30321-0247. 4822 S.C. Johnson & Son, Inc., 1525 Howe Street, Racine, WI 53403. 5813 The Clorox Co., C/O PS&RC, P.O. Box 493, Pleasanton, CA 94566-0803. 6836 Lonza, Inc., 90 Boroline Road, Allendale, NJ 07401. 6943 Tate Soaps & Surfactants, Inc., P.O. Box 2543, Kokomo, IN 46904-2543. 7364 GLB Pool & Spa, 90 Boroline Road, Allendale, NJ 07401. 8540 Garratt-Callahan Co., 50-Ingold Road, Burlingame, CA 94010. 8660 United Industries Corp., P.O. Box 142642, St. Louis, MO 63114-0642. 8959 Applied Biochemists, 90 Boroline Road, Allendale, NJ 07401. 9367 Theo Chem Laboratories, Inc., 7373 Rowlett Park Drive, Tampa, FL 33610-1141. 9386 Kemira Chemicals, Inc., 1000 Parkwood Circle, Suite 500, Atlanta, GA 30339. 9688 Chemsico, One Rider Trail Plaza Drive, Suite 300, Earth City, MO 63045, Lithia Springs, GA 30122. 10324 Mason Chemical Company, 723 W. Algonquin Rd., Suite B, Arlington Heights, IL 60005. 10707 Baker Petrolite, LLC., 12645 West Airport Blvd., Sugar Land, TX 77478. 12204 Mid-American Research Chemical Corp., P.O. Box 927, Columbus, NE 68602-0927. 37265 Genlabs, 5568 Schaefer Avenue, Chino, CA 91710. 45309 Aqua Clear Industries, LLC., P.O. Box 2456, Suwanee, GA 30024-0980. 47000 Chem-tech, LTD., 4515 Fleur Drive #303, Des Moines, IA 50321. 47371 H & S Chemicals Division, 90 Boroline Road, Allendale, NJ 07401. 48181 Hydrox Laboratories, 825 Tollgate Rd., Elgin, IL 60123. 63664 Quality Swimming Pool Products Division, 90 Boroline Road, Allendale, NJ 07401. 67262 Recreational Water Products, Inc., P.O. Box 1449, Buford, GA 30515-1449. 67517 PM Resources, Inc., 3200 Meacham Boulevard, Fort Worth, TX 76137. 67619 Clorox Professional Products Co. C/O PS&RC, P.O. Box 493, Pleasanton, CA 94566-0803. 70627 Diversey, Inc., 8310 16th Street, Sturtevant, WI 53177. 74655 Solenis, LLC., 7910 Baymeadows Way, Suite 100, Jacksonville, FL 32256. 81002 Splashes, Inc., 90 Boroline Road, Allendale, NJ 07401. 90924 Nalco Champion, 370 Wabasha Street North, St. Paul, MN 55102-1390. III. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register.

    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless:

    1. The registrants request a waiver of the comment period, or

    2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment.

    None of the registrations in Table 1 of Unit II. are for minor agricultural use. Accordingly, EPA will provide a 30-day comment period on the proposed requests.

    IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling.

    V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: July 17, 2015. Jennifer L. McLain, Acting Director, Antimicrobials Division, Office of Pesticide Programs.
    [FR Doc. 2015-18541 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Appointment of Chairman and New FASAB Members AGENCY:

    Federal Accounting Standards Advisory Board.

    ACTION:

    Notice.

    Board Action: Pursuant to 31 U.S.C. 3511(d) the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules Of Procedure, as amended in October 2010, notice is hereby given that Mr. D. Scott Showalter has been appointed to serve as the Chairman of the Board beginning January 1, 2016. Mr. Showalter's term will conclude on June 30, 2019. Notice is also given that Ms. Gila Bronner and Mr. George Scott have been appointed to five-year terms as members of the Federal Accounting Standards Advisory Board (FASAB) beginning January 1, 2016.

    For Further Information Regarding Ms. Bronner or Mr. Scott, Contact: Ms. Wendy M. Payne, Executive Director, 441 G St. NW., Mail Stop 6H19, Washington, DC 20548, or call (202) 512-7350.

    Authority:

    Federal Advisory Committee Act, Public Law 92-463.

    Dated: July 22, 2015. Charles Jackson, Federal Register Liaison Officer.
    [FR Doc. 2015-18407 Filed 7-27-15; 8:45 am] BILLING CODE 1610-02-P
    FEDERAL COMMUNICATIONS COMMISSION Federal Advisory Committee Act; Technological Advisory Council AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the Federal Communications Commission's (FCC) Technological Advisory Council will hold a meeting on Thursday, September 24th, 2015 in the Commission Meeting Room, from 1 p.m. to 4 p.m. at the Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    DATES:

    Thursday, September 24th, 2015.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Walter Johnston, Chief, Electromagnetic Compatibility Division, 202-418-0807; [email protected]

    SUPPLEMENTARY INFORMATION:

    At the September 24th meeting, the FCC Technological Advisory Council will discuss progress on and issues involving its work program agreed to at its initial meeting on April 1st, 2015. The FCC will attempt to accommodate as many people as possible. However, admittance will be limited to seating availability. Meetings are also broadcast live with open captioning over the Internet from the FCC Live Web page at http://www.fcc.gov/live/. The public may submit written comments before the meeting to: Walter Johnston, the FCC's Designated Federal Officer for Technological Advisory Council by email: [email protected] or U.S. Postal Service Mail (Walter Johnston, Federal Communications Commission, Room 7-A224, 445 12th Street SW., Washington, DC 20554). Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to [email protected] or by calling the Office of Engineering and Technology at 202-418-2470 (voice), (202) 418-1944 (fax). Such requests should include a detailed description of the accommodation needed. In addition, please include your contact information. Please allow at least five days advance notice; last minute requests will be accepted, but may not be possible to fill.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer.
    [FR Doc. 2015-18404 Filed 7-27-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0876] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before August 27, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Nicole Ongele, FCC, via email [email protected] and to [email protected]. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION section below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Nicole Ongele at (202) 418-2991.

    To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0876.

    Title: Sections 54.703, USAC Board of Directors Nomination Process and Sections 54.719 through 54.725, Review of the Administrator's Decision.

    Form Number(s): N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities and not-for-profit institutions.

    Number of Respondents and Responses: 557 respondents; 557 responses.

    Estimated Time per Response: 20-32 hours.

    Frequency of Response: On occasion reporting requirement and third party disclosure requirement.

    Obligation to Respond: Voluntary. Statutory authority for this information collection is contained in 47 U.S.C. 151 through 154, 201 through 205, 218 through 220, 254, 303(r), 403 and 405.

    Total Annual Burden: 17,680 hours.

    Total Annual Cost: No cost.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: The Commission is not requesting that respondents submit confidential information to the FCC. However, respondents may request confidential treatment of their information under 47 CFR 0.459 of the Commission's rules.

    Needs and Uses: The information in this collection is used by the Commission to select Universal Service Administrative Company (USAC) Board of Directors and to ensure that requests for review are filed properly the Commission.

    Section 54.703 states that industry and non-industry groups may submit to the Commission for approval nominations for individuals to be appointed to the USAC Board of Directors.

    Sections 54.719 through 54.725 describes the procedures for Commission review of USAC decisions including the general filing requirements pursuant to which parties may file requests for review.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer.
    [FR Doc. 2015-18403 Filed 7-27-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10454, The Royal Palm Bank of Florida, Naples, FL

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for The Royal Palm Bank of Florida, Naples, FL (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of The Royal Palm Bank of Florida on July 20, 2012. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 32.1, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated: July 22, 2015. Federal Deposit Insurance Corporation Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-18360 Filed 7-27-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Sunshine Act Meeting

    Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 10:02 a.m. on Tuesday, July 21, 2015, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's supervision, corporate, and resolution activities.

    In calling the meeting, the Board determined, on motion of Vice Chairman Thomas M. Hoenig, seconded by Director Thomas J. Curry (Comptroller of the Currency), concurred in by Director Richard Cordray (Director, Consumer Financial Protection Bureau), and Chairman Martin J. Gruenberg, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10).

    Dated: July 21, 2015. Federal Deposit Insurance Corporation. Valerie Best, Assistant Executive Secretary.
    [FR Doc. 2015-18547 Filed 7-24-15; 11:15 am] BILLING CODE P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0205; Docket 2015-0001; Sequence 12] General Services Administration Acquisition Regulation (GSAR; Submission for OMB Review; Environmental Conservation, Occupational Safety, and Drug-Free Workplace AGENCY:

    Office of Acquisition Policy, General Services Administration (GSA).

    ACTION:

    Notice of request for comments regarding the extension of a previously existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding Environmental Conservation, Occupational Safety, and Drug-Free Workplace. A notice was published in the Federal Register at 80 FR 27970 on May 15, 2015. No comments were received.

    DATES:

    Submit comments on or before: August 27, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0205 by any of the following methods:

    • Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0205, Environmental Conservation, Occupational Safety, and Drug-Free Workplace”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 3090-0205, Environmental Conservation, Occupational Safety, and Drug-Free Workplace” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 3090-0205, Environmental Conservation, Occupational Safety, and Drug-Free Workplace.

    Instructions: Please submit comments only and cite Information Collection 3090-0205, Environmental Conservation, Occupational Safety, and Drug-Free Workplace, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Kevin Funk, Procurement Analyst, General Services Acquisition Policy Division, GSA, at telephone 215-446-4860 or via email to [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    The Federal Hazardous Substance Act and Hazardous Material Transportation Act prescribe standards for packaging of hazardous substances. To meet the requirements o