Federal Register Vol. 80, No.31,

Federal Register Volume 80, Issue 31 (February 17, 2015)

Page Range8239-8510
FR Document

80_FR_31
Current View
Page and SubjectPDF
80 FR 8368 - Sunshine Act MeetingsPDF
80 FR 8368 - Sunshine Act MeetingPDF
80 FR 8375 - Sunshine Act Meeting.PDF
80 FR 8374 - SEC Advisory Committee on Small and Emerging CompaniesPDF
80 FR 8336 - Guidance on Maritime Cybersecurity StandardsPDF
80 FR 8286 - Barium Carbonate From the People's Republic of China: Continuation of Antidumping Duty OrderPDF
80 FR 8285 - Low Enriched Uranium from France: Initiation of Expedited Changed Circumstances Review, and Preliminary Results of Changed Circumstances ReviewPDF
80 FR 8334 - Information Collection Request to Office of Management and BudgetPDF
80 FR 8335 - Cook Inlet Regional Citizens' Advisory Council (CIRCAC) Charter RenewalPDF
80 FR 8388 - Information Collection Approved by the Office of Management and Budget: Cruise Vessel Security and Safety Training Provider CertificationPDF
80 FR 8337 - National Advisory Council; MeetingPDF
80 FR 8296 - International Energy Agency MeetingsPDF
80 FR 8355 - Proposal Review Panel for Materials Research; Notice of MeetingPDF
80 FR 8354 - Proposal Review Panel for Materials Research; Notice of MeetingPDF
80 FR 8353 - Proposal Review Panel for Materials Research; Notice of MeetingPDF
80 FR 8254 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter StandardPDF
80 FR 8278 - General Services Administration Acquisition Regulation (GSAR); Environmental, Conservation, Occupational Safety and Drug-Free WorkplacePDF
80 FR 8355 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
80 FR 8345 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
80 FR 8289 - Proposed Information Collection; Comment Request; U.S. Fishermen Fishing in Russian WatersPDF
80 FR 8349 - Request for Letters of Intent To Apply for 2015 Technology Initiative Grant FundingPDF
80 FR 8307 - Agency Information Collection Activities; Proposed Collection; Comment Request; Facility Ground-Water Monitoring RequirementsPDF
80 FR 8353 - Meeting of National Council on the HumanitiesPDF
80 FR 8326 - Orthopaedic and Rehabilitation Panel of the Medical Devices Advisory Committee; Notice of MeetingPDF
80 FR 8308 - Receipt of Test Data Under the Toxic Substances Control ActPDF
80 FR 8306 - Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest SystemPDF
80 FR 8274 - Determination of Nonattainment and Reclassification of the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; TexasPDF
80 FR 8287 - Submission for OMB Review; Comment RequestPDF
80 FR 8288 - Submission for OMB Review; Comment RequestPDF
80 FR 8299 - Environmental Management Site-Specific Advisory Board, Portsmouth; MeetingPDF
80 FR 8304 - Texas Gas Transmission, LLC; Supplemental Notice of Intent To Prepare an Environmental Assessment for the Proposed Southern Indiana Market Lateral Project and Request for Comments on Environmental IssuesPDF
80 FR 8301 - Commission Information Collection Activities (FERC-598 & FERC-716); Comment RequestPDF
80 FR 8295 - SCT&E LNG, LLC; Amendment of Notice of Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement CountriesPDF
80 FR 8324 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 8249 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of AlaskaPDF
80 FR 8296 - Commission to Review the Effectiveness of the National Energy LaboratoriesPDF
80 FR 8388 - Notice of Release From Quitclaim Deed and Federal Grant Assurance Obligations at Oxnard Airport, Oxnard, Ventura County, CaliforniaPDF
80 FR 8387 - Notice of Release From Conveyance Deed Obligations for Superior Municipal Airport, Superior, Pinal County, ArizonaPDF
80 FR 8243 - HUD's Qualified Mortgage Rule: Annual Threshold Adjustments to the Points and Fees LimitPDF
80 FR 8250 - National Performance Management Measures; Assessing Pavement Condition for the National Highway Performance Program and Bridge Condition for the National Highway Performance ProgramPDF
80 FR 8369 - Notice of Public Meeting of Presidio Institute Advisory CouncilPDF
80 FR 8341 - Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection (OMB Control Number 1006-0006)PDF
80 FR 8343 - Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection (OMB Control Number 1006-0023)PDF
80 FR 8342 - Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection (OMB Control Number 1006-0005)PDF
80 FR 8298 - Biomass Research and Development Technical Advisory Committee; MeetingPDF
80 FR 8297 - Electricity Advisory Committee; MeetingsPDF
80 FR 8290 - Proposed Information Collection; Comment Request; Seafood Inspection and Certification RequirementsPDF
80 FR 8289 - Proposed Information Collection; Comment Request; Application Forms for Membership on a National Marine Sanctuary Advisory CouncilPDF
80 FR 8288 - Proposed Information Collection; Comment Request; NOAA Customer SurveysPDF
80 FR 8299 - State Energy Advisory Board; MeetingsPDF
80 FR 8291 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingsPDF
80 FR 8292 - Privacy Act of 1974; System of RecordsPDF
80 FR 8317 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research-Disability and Rehabilitation Research Projects and Centers Program-Rehabilitation Engineering Research CentersPDF
80 FR 8312 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research Community Living and Participation and, Health and FunctionPDF
80 FR 8310 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 8248 - Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz BandsPDF
80 FR 8325 - Society of Clinical Research Associates-Food and Drug Administration; “Food and Drug Administration Clinical Trial Requirements, Regulations, Compliance and Good Clinical Practice”PDF
80 FR 8329 - Regulatory Site Visit Training ProgramPDF
80 FR 8327 - Food and Drug Administration/Xavier University Global Medical Device Conference; Public ConferencePDF
80 FR 8328 - In Motion: Science Transforming Policy in Food, Drug, and Medical Device RegulationPDF
80 FR 8349 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Reinstatement With Change of a Previously Approved Collection for Which Approval Has Expired Methodological Research to Support the National Crime Victimization Survey: Subnational Companion Study-American Crime Survey Field TestPDF
80 FR 8347 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Report of Multiple Sale or Other Disposition of Pistols and RevolversPDF
80 FR 8339 - Proposed Information Collection; Native American Graves Protection and Repatriation RegulationsPDF
80 FR 8341 - Boston Harbor Islands National Recreation Area Advisory CouncilPDF
80 FR 8303 - Combined Notice of Filings #2PDF
80 FR 8303 - Combined Notice of Filings #1PDF
80 FR 8299 - Commission Information Collection Activities (FERC-725F); Comment Request; ExtensionPDF
80 FR 8346 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
80 FR 8347 - Sugar From Mexico; Cancellation of HearingPDF
80 FR 8311 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
80 FR 8338 - Notice of Proposed Withdrawal and Opportunity for Public Meeting; OregonPDF
80 FR 8325 - Complicated Urinary Tract Infections: Developing Drugs for Treatment; Guidance for Industry; AvailabilityPDF
80 FR 8373 - Corsair Opportunity Fund, et al.; Notice of ApplicationPDF
80 FR 8369 - Exchange Traded Concepts, LLC et al.; Notice of ApplicationPDF
80 FR 8383 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of No Objection to Advance Notice Concerning Extended and Overnight Trading SessionsPDF
80 FR 8340 - Proposed Information Collection; Comment Request: A Survey of Direct Recreational Uses Along the Colorado RiverPDF
80 FR 8332 - National Institute on Drug Abuse; Notice of Closed MeetingsPDF
80 FR 8330 - National Institute of Environmental Health Sciences; Notice of Closed MeetingPDF
80 FR 8333 - Center for Scientific Review; Amended Notice of MeetingPDF
80 FR 8331 - National Cancer Institute; Notice of Closed MeetingsPDF
80 FR 8331 - National Institute on Aging; Amended Notice of MeetingPDF
80 FR 8333 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
80 FR 8333 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
80 FR 8330 - Prospective Grant of Exclusive License: Start-up Evaluation License for the Development of Theranostic Kits for Taxane-based ChemotherapyPDF
80 FR 8348 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-PXI System Alliance, IncPDF
80 FR 8348 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODVA, Inc.PDF
80 FR 8291 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 8309 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
80 FR 8280 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Midwater Trawl Fishery Season Date ChangePDF
80 FR 8380 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of the ExchangePDF
80 FR 8378 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Increase the Fee for Orders Yielding Fee Code KPDF
80 FR 8375 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of the ExchangePDF
80 FR 8247 - Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final RulePDF
80 FR 8390 - Advisory Committee on Disability Compensation; Notice of MeetingPDF
80 FR 8389 - Proposed Information Collection (Description of Materials) Activity: Comment RequestPDF
80 FR 8242 - New York North Shore Helicopter RoutePDF
80 FR 8240 - Amendment of VOR Federal Airway V-330 in the Vicinity of Mountain Home, IdahoPDF
80 FR 8323 - Medicare Program; Oncology Care Model: Request for ApplicationsPDF
80 FR 8250 - Revision of Air Quality Implementation Plan; California; South Coast Air Quality Management District; Stationary Source PermitsPDF
80 FR 8239 - Modification of Air Traffic Service (ATS) Routes in the Vicinity of Baton Rouge, LAPDF
80 FR 8243 - Removal of Obsolete Section 8 Rental Assistance Certificate Program RegulationsPDF
80 FR 8311 - Notice of Intent To Prepare a Supplemental Draft Environmental Impact Statement for the Federal Bureau of Investigation Central Records Complex in Winchester County, VirginiaPDF
80 FR 8485 - Disclosure of Hedging by Employees, Officers and DirectorsPDF
80 FR 8391 - National Emission Standards for Aerospace Manufacturing and Rework Facilities Risk and Technology ReviewPDF
80 FR 8441 - National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units; RevisionsPDF

Issue

80 31 Tuesday, February 17, 2015 Contents Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Multiple Sale or Other Disposition of Pistols and Revolvers, 8347-8348 2015-03113 Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act: Odva, Inc., 8348 2015-03085 PXI System Alliance, Inc., 8348 2015-03086 Antitrust See

Antitrust Division

Army Army Department NOTICES Privacy Act; Systems of Records, 8292-8295 2015-03123 Arts and Humanities, National Foundation See

National Foundation on the Arts and the Humanities

Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8291-8292 2015-03084 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs; Reporting and Returning of Overpayments, 8247-8248 2015-03072 NOTICES Requests for Applications: Medicare Program; Oncology Care Model, 8323-8324 2015-03060 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8324-8325 2015-03144 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8334-8335 2015-03192 Charter Renewals: Cook Inlet Regional Citizens' Advisory Council, 8335-8336 2015-03187 Guidance: Maritime Cybersecurity Standards, 8336-8337 2015-03205 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department See

Army Department

Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Applications to Export Liquefied Natural Gas: SCT and E LNG, LLC, 8295-8296 2015-03145 Commission To Review the Effectiveness of the National Energy Laboratories Interim Report, 8296 2015-03142 Meetings: Biomass Research and Development Technical Advisory Committee, 8298-8299 2015-03133 Electricity Advisory Committee, 8297-8298 2015-03132 Environmental Management Site-Specific Advisory Board, Portsmouth, 8299 2015-03149 International Energy Agency, 8296-8297 2015-03181 State Energy Advisory Board; Teleconference, 8299 2015-03128
Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; South Coast Air Quality Management District; Stationary Source Permits, 8250-8253 2015-03058 Pennsylvania; Redesignation Request and Associated Maintenance Plan for Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area , etc., 8254-8273 2015-03169 National Emission Standards: Aerospace Manufacturing and Rework Facilities Risk and Technology Review, 8392-8439 2015-02055 Coal- and Oil-Fired Electric, Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Utility Steam Generating Units, etc., 8442-8484 2015-01699 Nonattainment and Reclassification; Determinations: Dallas/Fort Worth 1997 8-hour Ozone Nonattainment Area; Texas, 8274-8278 2015-03152 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Facility Ground-Water Monitoring Requirements, 8307-8308 2015-03158 Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System, 8306-8307 2015-03153 Test Data Under the Toxic Substances Control Act, 8308-8309 2015-03154 Federal Aviation Federal Aviation Administration RULES Air Traffic Service Routes: Baton Rouge, LA, 8239-8240 2015-03056 New York North Shore Helicopter Route, 8242 2015-03066 VOR Federal Airways: V-330 in the Vicinity of Mountain Home, ID, 8240-8242 2015-03062 NOTICES Release From Conveyance Deed Obligations: Superior Municipal Airport, Superior, Pinal County, AZ, 8387-8388 2015-03140 Release From Quitclaim Deed and Federal Grant Assurance Obligations: Oxnard Airport, Oxnard, Ventura County, CA, 8388 2015-03141 Federal Communications Federal Communications Commission RULES Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands, 8248-8249 2015-03119 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Communications Commission Under Delegated Authority Review, 8309-8310 2015-03080 2015-03081 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Advisory Council, 8337-8338 2015-03182 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8299-8302 2015-03106 2015-03146 Combined Filings, 8303-8304 2015-03107 2015-03108 Environmental Assessments; Availability, etc.: Texas Gas Transmission, LLC, Southern Indiana Market Lateral Project, 8304-8306 2015-03147 Federal Highway Federal Highway Administration PROPOSED RULES National Performance Management Measures: Assessing Pavement Condition for the National Highway Performance Program and Bridge Condition for the National Highway Performance Program, 8250 2015-03138 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 8310-8311 2015-03083 2015-03120 Food and Drug Food and Drug Administration NOTICES Guidance: Complicated Urinary Tract Infections: Developing Drugs for Treatment, 8325 2015-03100 Meetings: Clinical Trial Requirements, Regulations, Compliance and Good Clinical Practice, 8325-8326 2015-03118 Food and Drug Administration/Xavier University Global Medical Device, 8327-8328 2015-03116 In Motion: Science Transforming Policy in Food, Drug, and Medical Device Regulation, 8328-8329 2015-03115 Orthopaedic and Rehabilitation Panel of the Medical Devices Advisory Committee, 8326-8327 2015-03155 Regulatory Site Visit Training Program, 8329-8330 2015-03117 General Services General Services Administration PROPOSED RULES Acquisition Regulations: Environmental, Conservation, Occupational Safety and Drug-Free Workplace, 8278-8280 2015-03164 NOTICES Environmental Impact Statements; Availability, etc.: Federal Bureau of Investigation Central Records Complex in Winchester County, VA, 8311 2015-02974 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8311-8312 2015-03103 Applications for New Awards: National Institute on Disability, Independent Living, and Rehabilitation Research Community Living and Participation and, Health and Function, 8312-8317 2015-03121 National Institute on Disability, Independent Living, and Rehabilitation Research—Disability and Rehabilitation Research Projects and Centers Program—Rehabilitation Engineering Research Centers, 8317-8323 2015-03122
Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department RULES Obsolete Section 8 Rental Assistance Certificate Program Regulations; Removal, 8243-8247 2015-03037 Qualified Mortgage Rule: Annual Threshold Adjustments to the Points and Fees Limit, 8243 2015-03139 Interior Interior Department See

Land Management Bureau

See

National Park Service

See

Reclamation Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Barium Carbonate From the People's Republic of China, 8286-8287 2015-03197 Low Enriched Uranium From France, 8285-8286 2015-03194 International Trade Com International Trade Commission NOTICES Complaints: Certain Audio Processing Hardware and Software and Products Containing Same, 8346-8347 2015-03105 Certain Electronic Products, Including Products With Near Field Communication System-Level Functionality and/or Battery Power-Up Functionality, 8345-8346 2015-03161 Hearing Cancellations: Sugar From Mexico, 8347 2015-03104 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

See

Antitrust Division

See

Justice Programs Office

Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Methodological Research To Support the National Crime Victimization Survey—Subnational Companion Study—American Crime Survey Field Test, 8349 2015-03114 Land Land Management Bureau NOTICES Public Lands: Oregon; Proposed Withdrawal and Opportunity for Public Meeting, 8338-8339 2015-03101 Legal Legal Services Corporation NOTICES Funding Opportunity: 2015 Technology Initiative Grant, 8349-8352 2015-03159 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cruise Vessel Security and Safety Training Provider Certification, 8388-8389 2015-03186 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Humanities, 8353 2015-03156 National Institute National Institutes of Health NOTICES Exclusive Licenses: Start-Up Evaluation License for the Development of Theranostic Kits for Taxane-Based Chemotherapy, 8330 2015-03088 Meetings: Center for Scientific Review, 8333 2015-03093 National Cancer Institute, 8331-8332 2015-03092 National Institute of Allergy and Infectious Diseases, 8333 2015-03089 2015-03090 National Institute of Environmental Health Sciences, 8330-8331 2015-03094 National Institute on Aging, 8331 2015-03091 National Institute on Drug Abuse, 8332 2015-03095 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska, 8249 2015-03143 PROPOSED RULES Fisheries off West Coast States; Pacific Coast Groundfish Fishery: Trawl Rationalization Program; Midwater Trawl Fishery Season Date Change, 8280-8284 2015-03079 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8287-8288 2015-03150 2015-03151 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Forms for Membership on a National Marine Sanctuary Advisory Council, 8289-8290 2015-03130 Customer Surveys, 8288-8289 2015-03129 Seafood Inspection and Certification Requirements, 8290-8291 2015-03131 U.S. Fishermen Fishing in Russian Waters, 8289 2015-03160 Meetings: Mid-Atlantic Fishery Management Council, 8291 2015-03126 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Native American Graves Protection and Repatriation Regulations, 8339-8340 2015-03111 Survey of Direct Recreational Uses Along the Colorado River, 8340-8341 2015-03096 Meetings: Boston Harbor Islands National Recreation Area Advisory Council, 8341 2015-03110 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 8353-8355 2015-03170 2015-03171 2015-03172 2015-03173 2015-03174 2015-03175 2015-03176 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, 8355-8368 2015-03162 Meetings; Sunshine Act, 8368 2015-03251 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 8368-8369 2015-03319 Presidio Presidio Trust NOTICES Meetings: Presidio Institute Advisory Council, 8369 2015-03137 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8341-8345 2015-03136 2015-03134 2015-03135 Securities Securities and Exchange Commission PROPOSED RULES Disclosure of Hedging by Employees, Officers and Directors, 8486-8510 2015-02948 NOTICES Applications: Corsair Opportunity Fund, et al., 8373-8374 2015-03099 Exchange Traded Concepts, LLC et al., 8369-8373 2015-03098 Meetings: Advisory Committee on Small and Emerging Companies, 8374-8375 2015-03221 Meetings; Sunshine Act, 8375 2015-03250 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 8378-8383 2015-03077 2015-03078 EDGX Exchange, Inc., 8375-8378 2015-03076 The Options Clearing Corp, 8383-8387 2015-03097 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Maritime Administration

Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Description of Materials, 8389-8390 2015-03067 Meetings: Advisory Committee on Disability Compensation, 8390 2015-03070 Separate Parts In This Issue Part II Environmental Protection Agency, 8392-8439 2015-02055 Part III Environmental Protection Agency, 8442-8484 2015-01699 Part IV Securities and Exchange Commission, 8486-8510 2015-02948 Reader Aids

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

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

80 31 Tuesday, February 17, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-1124; Airspace Docket No. 14-ASW-12] RIN 2120-AA66 Modification of Air Traffic Service (ATS) Routes in the Vicinity of Baton Rouge, LA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule, technical amendment.

SUMMARY:

This action amends the legal description of three Jet Routes, one High Altitude Area Navigation (RNAV) Route (Q-route), and five VHF Omnidirectional Range (VOR) Federal Airways in the vicinity of Baton Rouge, LA. The FAA is taking this action because the Baton Rouge VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) navigation aid, included as part of the route structure for the airways, is being renamed the Fighting Tiger VORTAC.

DATES:

Effective date 0901 UTC, April 30, 2015. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

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

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

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: The Rule

This action amends Title 14 of the Code of Federal Regulations (14 CFR) part 71 by amending the legal descriptions of Jet Routes J-2, J-138, and J-590; High Altitude RNAV Route Q-24; and VOR Federal Airways V-70, V-71, V-114, V-194, and V-559 in the vicinity of Baton Rouge, LA. Currently, these airways have the Baton Rouge, LA, [VORTAC] included as part of their route structure. The Baton Rouge VORTAC and the Baton Rouge Metropolitan Airport, both in Baton Rouge, LA, have similar names and share the same facility identifier (BTR), but are not co-located. Because the Baton Rouge VORTAC is actually located 8 nautical miles outside the airport boundary, and to eliminate a potential flight safety issue causing navigation confusion, the Baton Rouge VORTAC is renamed the Fighting Tiger VORTAC and assigned a new facility identifier (LSU). The Jet Routes, High Altitude RNAV Route, and VOR Federal airways with Baton Rouge, LA, [VORTAC] included in their legal descriptions will be amended to reflect the name change. The name change of the VORTAC will coincide with the effective date of this rulemaking action.

Since this action merely involves editorial changes in the legal description of Jet Routes, a High Altitude RNAV Route, and VOR Federal Airways, and does not involve a change in the dimensions or operating requirements of that airspace, notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

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.

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.

This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it renames a navaid in the legal description of Jet Routes, a High Altitude RNAV Route, and VOR Federal Airways in the vicinity of Baton Rouge, LA.

Jet Routes, High Altitude United States RNAV Routes, and Domestic VOR Federal Airways are published in paragraphs 2004, 2006, and 6010(a), 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 Jet Routes, High Altitude RNAV Route, and domestic VOR Federal Airways 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.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with 311a, FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures.” 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

49 U.S.C. 106(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 2004—Jet Routes J-2 [Amended]

From Mission Bay, CA; Imperial, CA; Bard, AZ; INT Bard 089° and Gila Bend, AZ, 261° radials; Gila Bend; Tucson, AZ; El Paso, TX; Fort Stockton, TX; Junction, TX; San Antonio, TX; Humble, TX; Lake Charles, LA; Fighting Tiger, LA; Semmes, AL; Crestview, FL; INT Crestview 091° and Seminole, FL, 290° radials; Seminole; to Taylor, FL.

J-138 [Amended]

From Fort Stockton, TX; Center Point, TX; San Antonio, TX; Hobby, TX; Lake Charles, LA; Fighting Tiger, LA; to Semmes, AL.

J-590 [Amended]

From Lake Charles, LA; Fighting Tiger, LA; Greene County, MS; to Montgomery, AL.

Paragraph 2006—United States Area Navigation Routes Q-24 Lake Charles, LA to PAYTN, AL [Amended] Lake Charles, LA (LCH) VORTAC (lat. 30°08′29″ N., long. 93°06′20″ W). Fighting Tiger, LA (LSU) VORTAC (lat. 30°29′06″ N., long. 91°17′39″ W). IRUBE, MS WP (lat. 31°00′16″ N., long. 88°56′19″ W). PAYTN, AL FIX (lat. 31°28′04″ N., long. 87°53′08″ W). Paragraph 6010(a)—Domestic VOR Federal Airways V-70 [Amended]

From Monterrey, Mexico; Brownsville, TX; INT Brownsville 338° and Corpus Christi, TX, 193° radials; 34 miles standard width, 37 miles 7 miles wide (4 miles E and 3 miles W of centerline), Corpus Christi; INT Corpus Christi 054° and Palacios, TX, 226° radials; Palacios; Scholes, TX; Sabine Pass, TX; Lake Charles, LA; Lafayette, LA; Fighting Tiger, LA; Picayune, MS; Green County, MS; Monroeville, AL; INT Monroeville 073° and Eufaula, AL, 258° radials; Eufaula; Vienna, GA; to Allendale, SC. From Grand Strand, SC; Wilmington, NC; Kinston, NC; INT Kinston 050° and Cofield, NC, 186° radials; to Cofield. The airspace within Mexico is excluded.

V-71 [Amended]

From Fighting Tiger, LA; Natchez, MS; Monroe, LA; El Dorado, AR; Hot Springs, AR; INT Hot Springs 358° and Harrison, AR, 176° radials; Harrison; Springfield, MO; Butler, MO; Topeka, KS; Pawnee City, NE; INT Pawnee City 334° and Lincoln, NE., 146° radials; Lincoln; Columbus, NE; O'Neill, NE; Winner, SD; Pierre, SD; Bismarck, ND; to Williston, ND.

V-114 [Amended]

From Panhandle, TX; Childress, TX; Wichita Falls, TX; INT Wichita Falls 117° and Blue Ridge, TX, 285° radials; Blue Ridge; Quitman, TX; Gregg County, TX; Alexandria, LA; INT Fighting Tiger, LA, 307° and Lafayette, LA, 042° radials; 7 miles wide (3 miles north and 4 miles south of centerline); Fighting Tiger; INT Fighting Tiger 112° and Reserve, LA, 323° radials; Reserve; INT Reserve 084° and Gulfport, MS, 247° radials; Gulfport, INT Gulfport 344° and Eaton, MS, 171° radials; to Eaton, excluding the portion within R3801B and R-3701C when active.

V-194 [Amended]

From Cedar Creek, TX; College Station, TX; INT College Station 151° and Hobby, TX, 289° radials; Hobby; Sabine Pass, TX; Lafayette, LA; Fighting Tiger, LA; McComb, MS; INT McComb 055° and Meridian, MS, 221° radials; to Meridian. From Liberty, NC; Raleigh-Durham, NC; Tar River, NC; Cofield, NC; to INT Cofield 077° and Norfolk, VA, 209° radials.

V-559 [Amended]

From Lafayette, LA; INT Lafayette 016° and Fighting Tiger, LA, 264° radials; to Fighting Tiger.

Issued in Washington, DC, on February 6, 2015. Gary A. Norek, Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-03056 Filed 2-13-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-1112; Airspace Docket No. 14-ANM-16] RIN 2120-AA66 Amendment of VOR Federal Airway V-330 in the Vicinity of Mountain Home, Idaho AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule, technical amendment.

SUMMARY:

This action amends VHF Omnidirectional Range (VOR) Federal Airway V-330 in the vicinity of Mountain Home, ID. The FAA is taking this action to correct the V-330 description contained in Part 71 to ensure it matches the information contained in the FAA's aeronautical database, matches the depiction on the associated charts, and promotes safety and efficiency within the National Airspace System (NAS).

DATES:

Effective date 0901 UTC, April 30, 2015. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

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

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

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

History

After a recent review of aeronautical data, the legal description for V-330 published in FAA Order 7400.9Y, Airspace Designations and Reporting Points, did not match the airway information contained in the FAA's aeronautical database or the charted depiction of the airway. In 2004, the FAA received a request from the U.S. Air Force to change the name and identifier of the Mountain Home, ID, VOR due to safety of flight concerns. At that time, Mountain Home Air Force Base (AFB), an on-base Tactical Air Navigation (TACAN) navigation aid (NAVAID), and a VOR located 5.5 nautical miles (NM) off-base all shared the same Mountain Home name and MUO identifier.

An event involving a KC-135 aircraft navigating to conduct aerial refueling (AR) activities highlighted the potential flight safety issue. While navigating to one of the AR tracks south of Mountain Home AFB, the flight crew entered “MUO” as the reference fix. The flight computer indicated two fixes identified as MUO. The crew, not familiar with the area, spent considerable time determining which NAVAID to use. As a result of this hazard to navigation and flight safety issue of having two navigation aids located 5.5 NM apart with the same name and identifier, the USAF requested the Mountain Home VOR (MUO) be renamed Liberator VOR with a new identifier of LTR.

In response, the FAA amended the aeronautical database information changing the Mountain Home VOR name to Liberator VOR and changing the MUO identifier to LIA, in lieu of LTR, effective September 30, 2004. The associated charts were published with the amended information, but the rulemaking action to amend the V-330 legal description to reflect the amendment was inadvertently overlooked at that time.

To overcome confusion and flight safety issues associated with the conflicting published V-330 airway description, the FAA is amending the legal description to reflect the Mountain Home VOR name change to Liberator VOR. Since this is an administrative correction to update the V-330 description to be in concert with the FAA's aeronautical database and charting, notice and public procedure under Title 5 U.S.C. 553(b) are unnecessary.

VOR Federal airways are listed in paragraph 6010 of FAA Order 7400.9Y dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed in this document will be revised 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

The FAA amends Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying the legal description of VOR Federal airway V-330 in the vicinity of Mountain Home, ID. Specifically, the FAA amends V-330, renaming the Mountain Home, ID, VOR to reflect the Liberator, ID, VOR; thus, matching the information currently contained in the FAA's aeronautical database and the charted depiction of the airway.

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 Department of Transportation (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.

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

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with 311a, FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures.” 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

49 U.S.C. 106(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 6010 VOR Federal Airways

(a) Domestic VOR Federal airways.

V-330

From Wildhorse, OR; Boise, ID; INT Boise 130° and Liberator, ID, 084° radials; to INT Liberator 084° and Burley, ID, 323° radials. From Idaho Falls, ID; Jackson, WY; Dunoir, WY; Riverton, WY; to Muddy Mountain, WY.

Issued in Washington, DC, February 6, 2015. Gary A. Norek, Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-03062 Filed 2-13-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No.: FAA-2010-0302; Amdt. No. 93-98A] RIN 2120-AK64 New York North Shore Helicopter Route AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

On June 23, 2014, the FAA published a final rule to extend the requirement for an additional two years for pilots operating civil helicopters under Visual Flight Rules to use the New York North Shore Helicopter Route when operating along the north shore of Long Island, New York. The final rule extended the expiration date to August 6, 2016. However, an error in the final rule resulted in the inadvertent removal of Subpart H of part 93 of Title 14 of the Code of Federal Regulations. This final rule corrects that error and reinstates the provisions of Subpart H.

DATES:

This final rule is effective February 17, 2015. Subpart H of part 93 of Title 14 of the Code of Federal Regulations expires August 6, 2016.

FOR FURTHER INFORMATION CONTACT:

For technical questions concerning this action, contact David Maddox, Airspace Regulation and ATC Procedures Group, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8783; email [email protected]

For legal questions concerning this action, contact Lorelei Peter, International Law, Legislation and Regulations Division, AGC-200, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3073; email [email protected]

SUPPLEMENTARY INFORMATION:

Background

On July 6, 2012, the FAA published Subpart H of part 93, which contained the rules governing civil helicopter operations when flying under visual flight rules along the north shore of Long Island, New York. This was a two-year rule that expired on August 6, 2014 (77 FR 39911). On June 23, 2014, the FAA published a final rule entitled “The Extension of the Expiration Date of the New York North Shore Helicopter Route” (79 FR 35488), which was to extend the regulations addressing helicopter operations along the North Shore for an additional two years from August 6, 2014 to August 6, 2016. In that rule, the FAA stated that:

This action extends the requirement for pilots of civil helicopters to use the North Shore Helicopter Route when transiting along the north shore of Long Island for an additional two years, while the FAA considers whether to make the mandatory use of the route permanent. The current rule requiring use of the route expires on August 6, 2014. Public input to this consideration is critical and additional time is needed to conduct the rulemaking process. However, the FAA does not want to disrupt the operating environment and cause any confusion on using the route during this interim period. Therefore, the FAA finds that a two year extension of the current rule is warranted to maintain the current operating environment and permit the agency to engage in rulemaking to determine future action on this route. (See 79 FR 35489, June 23, 2014)

However, the Code of Federal Regulations was not amended correctly and Subpart H of part 93 of Title 14 of the Code of Federal Regulations was inadvertently removed.

This rule adds Subpart H back in part 93 with an expiration date of August 6, 2016, as originally intended. Adding Subpart H back into part 93 will ensure that all pilots are aware of the New York North Shore helicopter route and will make the regulations consistent with the New York Helicopter Chart. Because the amendment corrects an error and clarifies the regulations, the FAA finds that the notice and public procedures under 5 U.S.C. 553(b) are unnecessary, impracticable, and contrary to the public interest. As this final rule restores helicopter route information to the Code of Federal Regulations, thereby enhancing safety, good cause exists under 5 U.S.C. 553(d)(3) to make the rule effective in less than 30 days.

List of Subjects in 14 CFR Part 93

Air traffic control, Airspace, Navigation (air).

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends chapter I of Title 14 of the Code of Federal Regulations as follows:

PART 93—SPECIAL AIR TRAFFIC RULES 1. The authority citation for part 93 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44715, 44719, 46301.

2. Add new heading for subpart H to part 93 to read as follows: Subpart H—Mandatory Use of the New York North Shore Helicopter Route 3. Redesignate § 93.101 to subpart H. 4. Add new § 93.103 to subpart H to read as follows:
§ 93.103 Helicopter operations.

(a) Unless otherwise authorized, each person piloting a helicopter along Long Island, New York's northern shoreline between the VPLYD waypoint and Orient Point, shall utilize the North Shore Helicopter route and altitude, as published.

(b) Pilots may deviate from the route and altitude requirements of paragraph (a) of this section when necessary for safety, weather conditions or transitioning to or from a destination or point of landing.

Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703, in Washington, DC on February 6, 2015. Michael P. Huerta, Administrator.
[FR Doc. 2015-03066 Filed 2-13-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 203 [Docket No. FR-5845-N-01] HUD's Qualified Mortgage Rule: Annual Threshold Adjustments to the Points and Fees Limit AGENCY:

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

ACTION:

Announcement of HUD's qualified mortgage rule's annual threshold adjustments.

SUMMARY:

The Consumer Financial Protection Bureau (CFPB) issued a final rule entitled “Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM)” on August 15, 2014. The final rule re-calculated the annual dollar amounts for the points and fees limit in CFPB's “qualified mortgage” definition to reflect the annual percentage change in the Consumer Price Index in effect on June 1, 2014. HUD's “qualified mortgage” definition incorporates CFPB's qualified mortgage points and fees limit and the requirement that the points and fees limit be adjusted annually. This document clarifies that all annual adjustments to the qualified mortgage points and fees limit issued by the CFPB to reflect the Consumer Price Index apply to HUD's points and fees limit provision, including CFPB's most recent final rule.

DATES:

Effective Date: February 17, 2015.

FOR FURTHER INFORMATION CONTACT:

Michael P. Nixon, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9278, Washington, DC 20410; telephone number 202-402-5216, ext. 3094 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

On December 11, 2013, at 78 FR 75215, HUD published a final rule that established a definition of “qualified mortgage” for single family residential mortgages that HUD insures, guarantees, or administers. Under HUD's qualified mortgage rule, qualified mortgage status attaches at origination and insurance endorsement to those single family residential mortgages insured under the National Housing Act (12 U.S.C. 1701 et seq.), section 184 loans for Indian housing under the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), and section 184A loans for Native Hawaiian housing under the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b). HUD's definition of “qualified mortgage” is codified for each program at 24 CFR 201.7, 203.19, 1005.120 and 1007.80.

HUD has defined “qualified mortgage” in a manner that aligns HUD's definition, to the extent feasible and consistent with HUD's mission, with that of the “qualified mortgage” definition promulgated by the CFPB, and which is codified at 12 CFR 1026.43. HUD undertook the alignment for the purpose of lessening future differences in standards for HUD's single family residential insured mortgages and those established by the CFPB, which apply to conventional, federally-related mortgages for which designation as a qualified mortgage is sought.

HUD's alignment to CFPB's standards at 24 CFR 203.19 includes a cross-reference to the CFPB's limit on points and fees for a qualified mortgage at 12 CFR 1026.43(e)(3). The CFPB's qualified mortgage limit on points and fees requires that to be a “qualified mortgage,” the transaction's points and fees must not exceed 3 percent of the total loan amount for a loan amount greater than or equal to $100,000; $3,000 for a loan amount greater than or equal to $60,000 but less than $100,000; 5 percent of the total loan amount for loans greater than or equal to $20,000 but less than $60,000; $1,000 for a loan amount greater than or equal to $12,500 but less than $20,000; and 8 percent of the total loan amount for loans less than $12,500. The definition also provides that the dollar amounts should be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) that was reported on the preceding June 1. Members of the public interested in more detail about HUD's qualified mortgage regulations may refer to the preamble of HUD's September 30, 2013, proposed rule and HUD's December 11, 2013, final rule, at 78 FR 59890 and 78 FR 75215, respectively.

II. HUD Notice of CFPB's Final Rule

On August 15, 2014, the CFPB issued a final rule “Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM).” (79 FR 48015) CFPB's final rule amended the points and fees limit at 12 CFR 1026.43(e)(3), as required by 12 CFR 1026.43(e)(3)(ii), to reflect the annual inflation in the (CPI-U), as published by the Bureau of Labor Statistics, as of June 1, 2014. The adjustment adopted reflected a 2 percent increase in the CPI-U for the required period and is rounded to whole dollars for ease of compliance. The new points and fees limit, effective January 1, 2015, requires that for a covered transaction to be a qualified mortgage the total points and fees must not exceed 3 percent of the total loan amount for a loan greater than or equal to $101,953; $3,059 for a loan amount greater than or equal to $61,172 but less than $101,953; 5 percent of the total loan amount for a loan greater than or equal to $20,391 but less than $61,172; $1,020 for a loan amount greater than or equal to $12,744 but less than $20,391; and 8 percent of the total loan amount for a loan amount less than $12,744.

HUD's reference to 12 CFR 1026.43(e)(3) in its final rule included the requirement that the points and fees limit be updated annually to reflect the CPI-U. Therefore, this document clarifies that all adjustments to the CFPB's point and fees limit consistent with 12 CFR 1026.43(e)(3)(ii) are to be incorporated into HUD's points and fees limit per the effective date of the CFPB's adjustment, including the most recent change issued on August 15, 2014.

Dated: February 9, 2015. Biniam Gebre, Acting Assistant Secretary for Housing—Federal Housing Commissioner.
[FR Doc. 2015-03139 Filed 2-13-15; 8:45 am] BILLING CODE 4210-67-P
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 982 [Docket No. FR-5827-F-01] Removal of Obsolete Section 8 Rental Assistance Certificate Program Regulations AGENCY:

Office of the Assistant Secretary for Public and Indian Housing, HUD.

ACTION:

Final rule.

SUMMARY:

This final rule removes from regulations obsolete references to the Section 8 Tenant-Based Rental Assistance Certificate program (Certificate Program). In accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” HUD reviewed its regulations to identify regulations that are “outmoded, ineffective, insufficient or excessively burdensome.” Following its review, HUD determined that the Certificate Program regulations are obsolete and unnecessary because they govern a program that has been consolidated into another program, the Housing Choice Voucher (HCV) program. This rule also makes minor editorial corrections to the regulations.

DATES:

Effective date: March 19, 2015.

FOR FURTHER INFORMATION CONTACT:

For questions, please contact Jennifer Lavorel at 202-402-2515 (the number is not toll-free). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. She may also be reached via postal mail at the following address: Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410.

SUPPLEMENTARY INFORMATION: I. Background

On January 18, 2011, President Obama issued Executive Order 13563, “Improving Regulation and Regulatory Review.” 1 The Executive Order directs heads of Federal departments and agencies to review all existing regulations to eliminate those that are outdated and modify others to increase flexibility and reduce burden. As a part of HUD's overall effort to reduce regulatory burden and streamline the content of title 24 of the Code of Federal Regulations (CFR), this rule removes obsolete references to the Certificate Program, which has long been merged with the HCV program.

1 The Executive Order was subsequently published in the Federal Register on January 21, 2011, at 76 FR 3821.

In the HCV program (and also formerly in the Certificate Program), HUD pays rental subsidies so eligible families can afford decent, safe, and sanitary housing. HUD provides housing assistance funds to public housing agencies (PHAs) that administer the program. Eligible families select and rent units that meet program housing quality standards. The PHA contracts with the owner of the housing to make rent subsidy payments on behalf of the family.

The Certificate Program was first created by the Housing and Community Development Act of 1974,2 which amended section 8 of the United States Housing Act of 1937 (1937 Act).3 Building on the success of the Certificate Program, Congress authorized a new rental voucher demonstration program in 1984, by adding a new section 8(o) to the 1937 Act, as part of the Supplemental Appropriations Act, 1984.4 The rental voucher program was similar to the Certificate Program but provided families with more options in housing selection. The rental voucher program was made permanent by the Housing and Community Development Act of 1987.5

2 Public Law 93-383, approved August 22, 1974.

3 42 U.S.C. 1437f.

4 Public Law 98-181, approved November 30, 1983.

5 Public Law 100-242, approved February 5, 1988.

HUD published a series of regulatory changes in the 1990s to align the two programs as closely as possible, given the statutory framework of each program. The Quality Housing and Work Responsibility Act of 1998 (QHWRA) 6 amended section 8 of the 1937 Act to fully merge the Certificate and rental voucher programs and eliminated all differences between the two. On May 14, 1999,7 HUD published an interim rule implementing the merger of the two programs into the new HCV program. The interim rule was followed by publication of an October 21, 1999, final rule.8 In accordance with the regulations implementing the merger, the Certificate Program was phased out by October 2001.

6 Title V of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105-276, approved October 21, 1998).

7 64 FR 26632.

8 64 FR 56894.

The removal of obsolete references to the Certificate Program from 24 CFR will eliminate any misunderstanding that the Certificate Program is an active program. No new assistance is being provided under this program. To the extent that any Project-Based Certificate Program contracts remain in effect, they are now governed by the regulations in 24 CFR 983.10, entitled “Project-based certificate (PBC) program”.

In addition to eliminating obsolete regulatory provisions in 24 CFR part, this rule makes certain minor editorial corrections to the regulations in 24 CFR part 982. For example, in certain places, the regulations refer to PHAs as PHAs but in other places the regulations refer to PHAs as housing authorities or HAs. HUD revised the regulations to consistently use the terms PHA or PHAs throughout. Similarly, the rule revises the part 982 regulations to refer to the tenant-based voucher program as the HCV program.

II. Justification for Final Rulemaking

In accordance with 24 CFR part 10, it is the practice of HUD to offer interested parties the opportunity to comment on proposed regulations. Part 10, consistent with 5 U.S.C. 553(b), provides for exceptions to the general rule if an agency, for good cause, finds that “notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” (See 24 CFR 10.1.)

The removal of these regulations from 24 CFR does not establish or affect substantive policy. This final rule removes obsolete and unnecessary regulatory provisions for a program that is no longer being funded and makes non-substantive editorial corrections. Therefore, HUD finds that public notice and comment are unnecessary and contrary to the public interest.

III. Findings and Certifications Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because HUD has determined that good cause exists to issue this rule without prior public comment, this rule is not subject to the requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action.

Unfunded Mandates Reform

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532) requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate 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 in any one year. If a budgetary impact statement is required, section 205 of UMRA (2 U.S.C. 1534) also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. However, the UMRA applies only to rules for which an agency publishes a general notice of proposed rulemaking. As discussed above, HUD has determined, for good cause, that prior notice and public comment is not required on this rule and, therefore, the UMRA does not apply to this final rule.

Executive Order 13132, Federalism

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

Environmental Review

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

List of Subjects in 24 CFR Part 982

Grant programs—housing and community development, Grant programs-Indians, Indians, Public housing, Rent subsidies, Reporting and recordkeeping requirements.

Accordingly, for the reasons stated in the preamble, and pursuant to the Secretary's authority under 42 U.S.C. 3535(d), 24 CFR part 982 is amended as follows:

PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM 1. The authority citation for part 982 continues to read as follows: Authority:

42 U.S.C. 1437f and 3535(d).

2. Revise § 982.1(a) to read as follows:
§ 982.1 Programs: purpose and structure.

(a) General description. (1) In the HUD Housing Choice Voucher (HCV) program, HUD pays rental subsidies so eligible families can afford decent, safe, and sanitary housing. The HCV program is generally administered by State or local governmental entities called public housing agencies (PHAs). HUD provides housing assistance funds to the PHA. HUD also provides funds for PHA administration of the program.

(2) Families select and rent units that meet program housing quality standards. If the PHA approves a family's unit and tenancy, the PHA contracts with the owner to make rent subsidy payments on behalf of the family. A PHA may not approve a tenancy unless the rent is reasonable.

(3) Subsidy in the HCV program is based on a local “payment standard” that reflects the cost to lease a unit in the local housing market. If the rent is less than the payment standard, the family generally pays 30 percent of adjusted monthly income for rent. If the rent is more than the payment standard, the family pays a larger share of the rent.

3. Revise § 982.2 to read as follows:
§ 982.2 Applicability.

Part 982 contains the program requirements for the tenant-based housing assistance program under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). The tenant-based program is the HCV program.

4. Amend § 982.4 as follows: a. Revise paragraph (a)(2); and b. In paragraph (b), remove the definition of “Tenant rent” and revise the definitions of “Absorption”, “Administrative plan”, “Admission”, “Applicant”, “Budget authority”, “Continuously assisted”, “Housing quality standards (HQS)”, “Merger date”, “Program”, “Receiving PHA”, and “Utility reimbursement”.

The revisions read as follows:

§ 982.4 Definitions.

(a) * * *

(2) Definitions concerning family income and rent. The terms “adjusted income,” “annual income,” “extremely low income family,” “tenant rent,” “total tenant payment,” “utility allowance,” “utility reimbursement,” and “welfare assistance” are defined in part 5, subpart F of this title. The definitions of “tenant rent” and “utility reimbursement” in part 5, subpart F of this title do not apply to the HCV program under part 982.

(b) * * *

Absorption. In portability (under subpart H of this part): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC.

Administrative plan. The plan that describes PHA policies for administration of the HCV program. See § 982.54.

Admission. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in the tenant-based program.

Applicant (applicant family). A family that has applied for admission to the HCV program but is not yet a program participant.

Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the HCV program. For each funding increment in the program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment.

Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Act program when the family is admitted to the HCV program.

Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the HCV program. See § 982.401.

Merger date. October 1, 1999, which is the effective date of the merger of the two tenant-based programs (the housing voucher and housing certificate programs) into the Housing Choice Voucher (HCV) program.

Program. The Section 8 HCV program under this part.

Receiving PHA. In portability: A PHA that receives a family selected for participation in the HCV program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family.

Utility reimbursement. The portion of the housing assistance payment which exceeds the amount of the rent to owner. (See § 982.514(b)).

5. In § 982.51(b), revise the second sentence to read as follows:
§ 982.51 PHA authority to administer program.

(b) * * * The PHA must submit additional evidence when there is a change that affects its status as a PHA, its authority to administer the program, or its jurisdiction.

§ 982.53 [Amended]
6. In § 982.53(e), remove the phrase “incidents of” and add in its place “an incidence of”.
§ 982.54 [Amended]
7. In § 982.54, remove paragraph (d)(19) and redesignate paragraphs (d)(20) through (23) as paragraphs (d)(19) through (22), respectively.
§ 982.101 [Amended]
8. In § 982.101(c), remove the word “HAs” and add in its place “PHAs” and remove the parenthetical “(NOFA)” and add in its place “(NOFAs)”.
§ 982.102 [Amended]
9. Amend § 982.102 as follows: a. In paragraph (a), remove the phrase “part 983 of this title” and add in its place “24 CFR part 983” and remove the “,” at the end of the paragraph and add a “.” in its place; b. In paragraph (e)(1)(i), remove the words “PHA certificate and voucher programs (including project-based assistance under such programs)” and add, in their place, the words “HCV program (including project-based assistance under such program)”; c. Redesignate the second paragraph (e)(3)(iii) as paragraph (e)(3)(iv); and d. In paragraph (f), capitalize the word “consolidated” in the paragraph heading.
§ 982.103 [Amended]
10. In § 982.103(a), capitalize the word “a” at the beginning of the paragraph.
§ 982.151 [Amended]
11. In § 982.151(a)(2), remove the words “PHA tenant-based assistance program” and add in their place “PHA's HCV program”.
§ 982.152 [Amended]
12. Amend § 982.152 as follows: a. In paragraph (a), remove all references to “HA” and add in their place “PHA”; and b. In paragraph (b)(2), remove the phrase “tenant-based” and add in its place “HCV”.
§ 982.158 [Amended]
13. In § 982.158(c), remove the word “tPHAt” and add in its place “that”.
§ 982.161 [Amended]
14. In § 982.161(a), remove the phrase “tenant-based programs” and add in its place “HCV program”.
15. Amend § 982.201 as follows: a. In the paragraph heading of paragraph (a), add the word “In” before the word “general”; b. In paragraph (b)(2)(i), remove the phrase “tenant-based voucher” and add in its place “HCV”; c. Remove paragraph (b)(2)(iv) and redesignate paragraphs (b)(2)(v) through (vii) as paragraphs (b)(2)(iv) through (vi), respectively; d. In newly redesignated paragraph (b)(2)(v), remove the phrase “tenant-based voucher” and add in its place “HCV”; and e. Revise newly redesignated paragraph (b)(2)(vi) and paragraph (b)(3).

The revisions read as follows:

§ 982.201 Eligibility and targeting.

(b) * * *

(2) * * *

(vi) If a family initially leases a unit outside the PHA jurisdiction under portability procedures at admission to the HCV program, such admission shall be counted against the targeting obligation of the initial PHA (unless the receiving PHA absorbs the portable family into the receiving PHA's HCV program from the point of admission).

(3) The annual income (gross income) of an applicant family is used both for determination of income-eligibility under paragraph (b)(1) of this section and for targeting under paragraph (b)(2)(i) of this section. In determining annual income of an applicant family that includes a person with disabilities, the determination must include the disallowance of increase in annual income as provided in 24 CFR 5.617, if applicable.

§ 982.205 [Amended]
16. In § 982.205(a)(1), capitalize the word “a” in the first sentence following the paragraph heading.
17. Add § 982.305(b)(1)(iii) to read as follows:
§ 982.305 PHA approval of assisted tenancy.

(b) * * *

(1)  

(iii) The PHA has approved leasing of the unit in accordance with program requirements.

§ 982.311 [Amended]
18. In § 982.311(b), remove the word “HA” and add in its place “PHA”.
§ 982.315 [Amended]
19. In § 982.315(b)(3), remove the words “or actual” and add in their place “of actual”. 20. Amend § 982.355 as follows: a. In paragraph (a), remove the phrase “a tenant-based” and add in its place “an HCV”; b. Revise paragraph (c)(1); c. In paragraph (d)(1), remove the phrase “PHA voucher” and add in its place “PHA's HCV” and remove the phrase “PHA tenant-based” and add in its place “PHA's HCV”; d. In paragraph (e)(6), capitalize the word “a” at the beginning of the paragraph and remove the phrase “PHA tenant-based” and add in its place “PHA's HCV”; and e. In paragraph (e)(7), remove the phrase “tenant-based” and add in its place “HCV”.

The revision reads as follows:

§ 982.355 Portability: Administration by receiving PHA.

(c) * * *

(1) The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA's HCV program. However, for a portable family that was not already receiving assistance in the PHA's HCV program, the initial PHA must determine whether the family is eligible for admission to the receiving PHA's HCV program.

§ 982.401 [Amended]
21. Amend § 982.401 as follows: a. In paragraph (a)(1), remove the phrase “in the programs” and add in its place “under the HCV program”; b. In paragraph (c)(1)(ii), add a period after “e.g”; and c. In paragraph (n)(1), remove ” -” after “hearing-impaired person,”.
§ 982.403 [Amended]
22. In § 982.403, remove paragraph (b) and redesignate paragraph (c) as paragraph (b).
§ 982.406 [Amended]
23. In § 982.406, remove “tPHAn” and add in its place “than”.
§ 982.452 [Amended]
24. In § 982.452(b)(5)(ii), remove the line break between “tenant contribution” and “(the part of rent”.
25. Revise § 982.501 to read as follows:
§ 982.501 Overview.

This subpart describes program requirements concerning the housing assistance payment and rent to owner under the HCV program.

§ 982.502 [Removed]
26. Remove § 982.502.
§ 982.503 [Amended]
27. Amend § 982.503 as follows: a. Remove “Voucher tenancy:” from the section heading; and b. Remove paragraph (c)(7).
§ 982.504 [Amended]
28. Amend § 982.504 as follows: a. Remove “Voucher tenancy:” from the section heading; b. In paragraph (a) introductory text, remove the phrase “tenant-based assistance under the voucher program” and add in its place “HCV assistance”; c. In paragraph (a)(1), remove the phrase “tenant-based voucher” and add in its place “HCV” and remove the phrase “§ 401.421 of this title” and add in its place “24 CFR 401.421”; and d. In paragraph (a)(2), remove “tenant-based” and add in its place “HCV”.
§ 982.505 [Amended]
29. In § 982.505, remove “Voucher tenancy:” from the section heading.
30. Revise § 982.516(d)(2) to read as follows:
§ 982.516 Family income and composition: Regular and interim examinations.

(d) * * *

(2) At the effective date of a regular or interim reexamination, the PHA must make appropriate adjustments in the housing assistance payment in accordance with § 982.505.

§ 982.517 [Amended]
31. In § 982.517(c)(1), capitalize the word “a” at the beginning of the paragraph and remove the word “PHAs” and add in its place “has”.
§§ 982.518, 982.519, and 982.520 [Removed]
32. Remove §§ 982.518 through 982.520.
§ 982.521 [Amended]
33. Remove § 982.521(c).
§ 982.552 [Amended]
34. In § 982.522(c)(2)(iii), add “may” before “consider whether”.
§ 982.553 [Amended]
35. In § 982.553(a)(2)(ii)(B), remove the phrase “not to have” and add in its place “not have”.
§ 982.555 [Amended]
36. Amend § 982.555 as follows: a. In paragraph (a), add a space between the paragraph heading and paragraph (a)(1), capitalize the word “a” at the beginning of paragraph (a)(1), remove paragraph (a)(1)(iv), and redesignate paragraphs (a)(1)(v) and (vi) as paragraphs (a)(1)(iv) and (v), respectively; and b. In paragraphs (b)(4), (5), (6), and (7), capitalize the word “a” at the beginning of each paragraph.
§ 982.601 [Amended]
37. In § 982.601(c)(1), add a period after “e.g”.
§ 982.615 [Amended]
38. In § 982.615(b), remove “HA” and add in its place “PHA”.
39. Revise § 982.619(b)(4) to read as follows:
§ 982.619 Cooperative housing.

(b) * * *

(4) Adjustments are applied to the carrying charge as determined in accordance with this section.

§ 982.623 [Amended]
40. Amend § 982.623 as follows: a. Remove paragraph (a); b. Remove the heading of paragraph (b). c. Redesignate paragraphs (b)(1) through (4) as paragraphs (a) through (d), respectively; d. In newly redesignated paragraph (c), further redesignate paragraphs (i) and (ii) as paragraphs (c)(1) and (2), respectively; and e. In newly redesignated paragraph (d), further redesignate paragraphs (i) through (iii) as paragraphs (d)(1) through (3), respectively.
§ 982.625 [Amended]
41. In § 982.625(g)(2), add a space between “its” and “Section 8”.
§ 982.627 [Amended]
42. In § 982.627(c)(2)(ii)(A), remove the line break between “voucher” and “program”.
§ 982.631 [Amended]
43. In § 982.631(c)(2)(iii), remove the line break between “unit” and “unless”.
§ 982.636 [Amended]
44. In § 982.636(c), add a period after “e.g”.
§ 982.641 [Amended]
45. In § 982.641(c)(3), in the cross-reference “§ 982.353(b)(1), (2), and (3)”, remove “(b)(1),(2), and (3)”.
Dated: February 9, 2015. Jemine A. Bryon, Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 2015-03037 Filed 2-13-15; 8:45 am] BILLING CODE 4210-67-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 401 and 405 [CMS-6037-RCN] RIN 0938-AQ58 Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final Rule AGENCY:

Centers for Medicare & Medicaid Services (CMS).

ACTION:

Extension of timeline for publication of a final rule.

SUMMARY:

This document announces the extension of the timeline for publication of the “Medicare Program; Reporting and Returning of Overpayments” final rule. We are issuing this notice in accordance with the Social Security Act (the Act) which requires notice to be provided in the Federal Register if there are exceptional circumstances that cause us to publish a final rule more than 3 years after the publication date of the proposed rule. In this case, the complexity of the rule and scope of comments warrants the extension of the timeline for publication.

DATES:

As of February 17, 2015, CMS extends by 1 year the timeline for publication of a final rule concerning policies and procedures for reporting and returning overpayments to the Medicare program for providers and suppliers of services under Parts A and B of title XVIII as outlined in the proposed rule published February 16, 2012, at 77 FR 9179.

FOR FURTHER INFORMATION CONTACT:

Joe Strazzire, (410) 786-2775.

SUPPLEMENTARY INFORMATION:

I. Background

Section 1871(a)(3)(A) of the Social Security Act (the Act) requires the Secretary, in consultation with the Director of the Office of Management and Budget (OMB), to establish a regular timeline for the publication of a final rule based on the previous publication of a proposed rule or an interim final rule. In accordance with section 1871(a)(3)(B) of the Act, such regular timeline may vary among different final rules, based on the complexity of the rule, the number and scope of the comments received, and other relevant factors. The timeline for publishing the final rule, however, cannot exceed 3 years from the date of publication of the proposed or interim final rule, unless there are exceptional circumstances. After consultation with the Director of OMB, the Department, through CMS, published a notice in the December 30, 2004 Federal Register (69 FR 78442) establishing a general 3-year timeline for publishing Medicare final rules after the publication of a proposed or interim final rule.

II. Notice of Continuation

The Medicare program (title XVIII of the Act) is the primary payer of health care for approximately 50 million enrolled beneficiaries. Providers and suppliers furnishing Medicare items and services must comply with the Medicare requirements set forth in the Act and in CMS regulations. The requirements are meant to ensure compliance with applicable statutes, promote the furnishing of high quality care, and to protect the Medicare Trust Funds against fraud and improper payments.

On March 23, 2010, the Affordable Care Act was enacted. Section 6402(a) of the Affordable Care Act established a new section 1128J(d) of the Act. Section 1128J(d)(1) of the Act requires a person who has received an overpayment to report and return the overpayment to the Secretary, the State, an intermediary, a carrier, or a contractor, as appropriate, at the correct address, and to notify the Secretary, State, intermediary, carrier or contractor to whom the overpayment was returned in writing of the reason for the overpayment. Section 1128J(d)(2) of the Act requires that an overpayment be reported and returned by the later of— (A) the date which is 60 days after the date on which the overpayment was identified; or (B) the date any corresponding cost report is due, if applicable. Section 1128J(d)(3) of the Act specifies that any overpayment retained by a person after the deadline for reporting and returning an overpayment is an obligation (as defined in 31 U.S.C. 3729(b)(3)) for purposes of 31 U.S.C. 3729.

In the February 16, 2012 Federal Register (77 FR 9179), we published a proposed rule that would implement the provisions of section 1128J(d) of the Act as to Medicare Parts A and B. This notice extends by 1 year the timeline for publication of a final rule concerning policies and procedures for reporting and returning overpayments to the Medicare program for providers and suppliers of services under Parts A and B of title XVIII as outlined in the February 16, 2012 proposed rule. However we continue to remind all stakeholders that even without a final regulation they are subject to the statutory requirements found in section 1128J(d) of the Act and could face potential False Claims Act liability, Civil Monetary Penalties Law liability, and exclusion from Federal health care programs for failure to report and return an overpayment.

Based on both public comments received and internal stakeholder feedback, we have determined that there are significant policy and operational issues that need to be resolved in order to address all of the issues raised by comments to the proposed rule and to ensure appropriate coordination with other government agencies. Specifically, the development of the final rule requires collaboration among both the Department of Health and Human Services' (HHS') Office of the Inspector General and the Department of Justice.

Our decision to extend the timeline for issuing a final regulation related to the reporting and returning of Medicare overpayments should not be viewed as a diminution of the Department's commitment to timely and effective rulemaking in this area. Our goal remains to publish a final rule that provides clear requirements for persons to report and return Medicare overpayments. At this time, we believe we can best achieve this balance by issuing this continuation notice.

This notice extends the timeline for publication of the final rule for this rulemaking for 1 year—until February 16, 2016.

III. Collection of Information

This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995.

IV. Regulatory Impact Statement

This document extends the timeline for publication of the Medicare Program; Reporting and Returning of Overpayments final rule; and therefore, there are no regulatory impact implications associated with this notice.

Authority:

Section 1871 of the Social Security Act (42 U.S.C. 1395hh).

Dated: February 9, 2015. C'Reda Weeden, Executive Secretary to the Department, Department of Health and Human Services.
[FR Doc. 2015-03072 Filed 2-13-15; 8:45 am] BILLING CODE 4120-01-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 2 [GN Docket No. 13-185; FCC 14-31] Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands AGENCY:

Federal Communications Commission.

ACTION:

Final rules; announcement of effective date.

SUMMARY:

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years a non-substantive change to a currently approved information collection requirements contained in the regulations in the “Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz.” The information collection requirement was approved on December 23, 2014 by OMB.

DATES:

The amendments to 47 CFR 2.1033(c)(19)(i) through (ii), published at 79 FR 32410, June 4, 2014, is effective February 17, 2015.

FOR FURTHER INFORMATION CONTACT:

For additional information contact Nancy Brooks on (202) 418-2454 or email [email protected]

SUPPLEMENTARY INFORMATION:

This document announces that on December 23, 2014, OMB approved, for a period of three years a non-substantive change to a currently approved information collection requirement contained in 47 CFR 2.1033(c)(19)(i) through (ii). The Commission publishes this document to announce the effective date of this rule section. See, Amendment of the Commission's rules with Regard to Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz, GN Docket No. 13-85; FCC 14-31, 79 FR 32410, June 4, 2014.

Synopsis

As required by the Paperwork Reduction Act of 1995, (44 U.S.C. 3507), the Commission is notifying the public that it received OMB approval on December 23, 2014, for the information collection requirement contained in 47 CFR 2.1033(c)(19)(i) through (ii). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number.

No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB Control Number. The OMB Control Number is 3060-0057.

Federal Communications Commission. Marlene H. Dortch, Secretary.
[FR Doc. 2015-03119 Filed 2-13-15; 8:45 am] BILLING CODE 6712-01-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 130925836-4174-02] RIN 0648-XD715 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska AGENCY:

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

ACTION:

Temporary rule; closure.

SUMMARY:

NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2015 Pacific cod total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA.

DATES:

Effective 1200 hours, Alaska local time (A.l.t.), February 12, 2015, through 1200 hours, A.l.t., June 10, 2015.

FOR FURTHER INFORMATION CONTACT:

Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION:

NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680.

The A season allowance of the 2015 Pacific cod total allowable catch (TAC) apportioned to vessels using pot gear in the Western Regulatory Area of the GOA is 5,230 metric tons (mt), as established by the final 2014 and 2015 harvest specifications for groundfish of the GOA (79 FR 12890, March 6, 2014) and inseason adjustment (80 FR 192, January 5, 2015).

In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the A season allowance of the 2015 Pacific cod TAC apportioned to vessels using pot gear in the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 5,220 mt and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

Classification

This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishing closure of Pacific cod for vessels using pot gear in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 10, 2015.

The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

This action is required by § 679.20 and is exempt from review under Executive Order 12866.

Authority:

16 U.S.C. 1801 et seq.

Dated: February 10, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2015-03143 Filed 2-11-15; 4:15 pm] BILLING CODE 3510-22-P
80 31 Tuesday, February 17, 2015 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 490 [FHWA Docket No. FHWA-2013-0053] RIN 2125-AF53 National Performance Management Measures; Assessing Pavement Condition for the National Highway Performance Program and Bridge Condition for the National Highway Performance Program AGENCY:

Federal Highway Administration (FHWA), DOT.

ACTION:

Notice of proposed rulemaking; extension of comment period.

SUMMARY:

The FHWA is extending the comment period for a notice of proposed rulemaking (NPRM) and request for comments, which was published on January 5, 2015, at 80 FR 326. The original comment period is set to close on April 6, 2015. The extension is based on concern expressed by the American Association of State Highway and Transportation Officials (AASHTO) and the Oregon Department of Transportation (Oregon DOT) that as a result of the scope and complexity of the NPRM the April 6 closing date does not provide sufficient time to review and provide comprehensive comments. The FHWA recognizes that others interested in commenting may have similar concerns and agrees that the comment period should be extended. Therefore, the closing date for comments is changed to May 8, 2015, which will provide AASHTO, the Oregon DOT, and others interested in commenting additional time to discuss, evaluate, and submit responses to the docket.

DATES:

Comments must be received on or before May 8, 2015.

ADDRESSES:

Mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, 1200 New Jersey Avenue SE., Washington, DC 20590, or submit electronically at http://www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped postcard or may print the acknowledgment page that appears after submitting comments electronically. Anyone is able to search the electronic form of all 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 DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or you may visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Francine Shaw Whitson, Office of Infrastructure, (202) 366-8028, or Anne Christenson, Office of Chief Counsel, (202) 366-1356, Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

You may submit or access all comments received by DOT online through: http://www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the Web site. It is available 24 hours each day, 365 days each year. Please follow the instructions. An electronic copy of this document may also be downloaded from the Federal Register's home page at: http://www.federalregister.gov.

Background

Section 150 of title 23, U.S.C., identifies the national transportation goals and requires the Secretary by rule to establish performance measures in specified Federal-aid highway program areas. On January 5, 2015, FHWA published in the Federal Register an NPRM proposing to establish measures for State Departments of Transportation (State DOTs) to use to carry out the National Highway Performance Program (NHPP) and to assess the condition of the following: pavements on the National Highway System (NHS) (excluding the Interstate System), bridges on the NHS, and pavements on the Interstate System. The NHPP is a core Federal-aid highway program that provides support for the condition and performance of the NHS and the construction of new facilities on the NHS, and ensures that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in a State's asset management plan for the NHS. The NPRM proposed regulations for the new performance aspects of the NHPP, which address: measures, targets, and reporting.

The original comment period for the NPRM closes on April 6, 2015. The AASHTO and the Oregon DOT have expressed concern that this closing date does not provide sufficient time to review and provide comprehensive comments on the proposal. The FHWA recognizes that others interested in commenting may have similar concerns and agrees that the comment period should be extended. To allow time for this organization and others to submit comprehensive comments, the closing date is changed from April 6, 2015, to May 8, 2015.

Authority:

23 U.S.C. 104(b)(1), 119, and 150.

Issued on: February 9, 2015. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration.
[FR Doc. 2015-03138 Filed 2-13-15; 8:45 am] BILLING CODE 4910-22-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0087; FRL-9923-02-Region 9] Revision of Air Quality Implementation Plan; California; South Coast Air Quality Management District; Stationary Source Permits AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

EPA is proposing to approve a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP) that pertains to SCAQMD Rule 1325: Federal PM2.5 New Source Review Program, submitted on December 29, 2014. SCAQMD adopted Rule 1325 to meet the Clean Air Act (CAA) part D requirements for emissions of PM2.5 from stationary sources.

DATES:

Written comments must be received on or before March 19, 2015.

ADDRESSES:

Submit comments, identified by docket number EPA-R09-OAR-2015-0087, by one of the following methods:

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

2. Email: [email protected].

3. Mail or deliver: Gerardo Rios (AIR-3), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Deliveries are only accepted during the Regional Office's normal hours of operation.

Instructions: All comments 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 Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted throughhttp://www.regulations.gov or email. www.regulations.gov is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. 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.

Docket: EPA has established a docket for this action under EPA-R09-OAR-2015-0087. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are generally listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT:

La Weeda Ward, by phone: (213) 244-1812 or by email at [email protected]

SUPPLEMENTARY INFORMATION:

Throughout this document, the terms “we,” “us,” and “our” refer to EPA.

Table of Contents I. The State's Submittal A. What rule did the State submit? B. What is the purpose of the submitted rule? II. EPA's Evaluation A. What is the background for today's proposal? B. How is EPA evaluating the rule? C. Does the rule meet the evaluation criteria? III. Proposed Action and Public Comment IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. The State's Submittal A. What rule did the State submit?

Table 1 lists the rule addressed by this proposal with the date that it was adopted by the local air agency and submitted by CARB.

Table 1—Submitted Rule Local agency Rule # Rule title Adopted/amended Submitted SCAQMD 1325 Federal PM2.5 New Source Review Program 12/05/14 12/29/14

On December 29, 2014, CARB submitted an amended rule, SCAQMD Rule 1325: Federal PM 2.5 New Source Review Program to EPA for approval as a revision to the SCAQMD portion of the California SIP.

On January 30, 2015, CARB's December 29, 2014 submittal of Rule 1325 was deemed to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. The submittal includes evidence of public notice and adoption of the regulation. Our technical support document (TSD) provides additional background information on our evaluation of Rule 1325.

B. What is the purpose of the submitted rule?

SCAQMD Rule 1325 addresses Nonattainment New Source Review (NNSR) permit requirements for major sources of PM2.5. The NNSR requirements under part D of the CAA apply to “major stationary sources” and “major modifications” as those terms are defined in 40 CFR part 51.165(a)(1)(iv) and (v). The purpose of this proposed rulemaking is to present our evaluation under the CAA and EPA's regulations. We provide our reasoning in general terms below but provide a more detailed analysis in our TSD, which is available in the docket for this proposed rulemaking.

II. EPA's Evaluation A. What is the background for today's proposal?

Part D of title I of the Act contains the requirements for areas designated “nonattainment” for any of the national ambient air quality standards (NAAQS). Part D requires pre-construction permit programs for certain new or modified stationary sources located in nonattainment areas. 42 U.S.C. 7502(c)(5).

On July 18, 1997, EPA established 24-hour and annual NAAQS for PM2.5 (62 FR 38652). On January 5, 2005 (70 FR 944), EPA designated portions of the South Coast Air Basin as nonattainment for the 1997 24-hour and annual PM2.5 standards (40 CFR 81.305). On December 9, 2014, EPA proposed to find that the South Coast Air Basin had attained the 1997 24-hour and annual PM2.5 NAAQS (79 FR 72999).

EPA has revised the NAAQS for PM2.5 on two occasions since the 1997 promulgation. On October 17, 2006, the 24-hour PM2.5 primary standard was strengthened (71 FR 61144) and on January 15, 2013, the annual primary standard for PM2.5 was strengthened (78 FR 3086). On November 13, 2009, EPA designated the South Coast Air Basin as nonattainment for the 2006 24-hour PM2.5 standard (74 FR 58688). On February 13, 2013, SCAQMD submitted a plan to provide for attainment of the 2006 24-hour PM2.5 standard in the South Coast Air Basin.

Following promulgation of the PM2.5 standards, EPA issued two guidance documents pertaining to the regulation of PM2.5 emissions. The first document issued in 1997 (Seitz Memo) stated that sources were allowed to use implementation of a PM10 permit program as a surrogate for meeting PM2.5 PSD requirements until certain technical difficulties were resolved, primarily the lack of necessary tools to calculate the emissions of PM2.5 and related precursors, the lack of adequate modeling techniques to project ambient impacts, and the lack of PM2.5 monitoring sites.1 The second document (Page Memo) was issued in 2005 on the same date that the 1997 PM2.5 designations became effective and provided guidance on the implementation of the NNSR provisions in PM2.5 nonattainment areas for an interim period between the effective date of the designations (April 5, 2005) and the promulgation date of final NNSR regulations.2 As reflected in the Page Memo, States were allowed to use their existing PM10 NNSR program as a surrogate to address the requirements of a NNSR program for PM2.5. Therefore, districts such as the SCAQMD, which have a SIP approved NNSR program for PM10, were not required to submit a NNSR rule for emissions of PM2.5 at that time.

1 United Stated Environmental Protection Agency Memorandum from John S. Seitz, Director, Office of Air Quality Planning & Standards, Director to Regional Air Division Directors, “Interim Implementation of New Source Review Requirements for PM2.5,” October 23, 1997.

2 United States Environmental Protection Agency Memorandum from Stephen D. Page, Director to Regional Air Division Directors, “Implementation of New Source Review Requirements in PM 2.5 Nonattainment Areas,” April 5, 2005.

On May 16, 2008, EPA published its final rule pertaining to PM2.5 implementation requirements entitled “Implementation of New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)” (the 2008 NSR PM2.5 Rule),3 which promulgated NSR requirements for implementation of PM2.5 in both nonattainment areas (NNSR) and attainment/unclassifiable areas (PSD). With respect to NNSR, this 2008 final rule established the major source threshold, significant emissions rate, offset ratios for PM2.5, interpollutant offset trading requirements, and applicability of NNSR to PM2.5 precursors. Promulgation of the 2008 PM2.5 NNSR Rule ended application of the PM10 surrogacy policy under the Page Memo for NNSR permitting. Because it takes time for a local permitting agency to revise its rules to include all of the new NNSR program requirements, EPA's regulations provide in 40 CFR 52.24(k) that the Emission Offset Interpretative Ruling, contained in 40 CFR part 51, Appendix S shall govern applications for permits to construct and operate during the period between the date of designation as nonattainment and the date a NNSR permitting program meeting the requirements of part D of the CAA is approved into the SIP.4 The 2008 NSR PM2.5 Rule therefore codified revisions to Appendix S for states that lacked a NNSR program covering PM2.5. Therefore, new and modified major sources of PM2.5 emissions locating in SCAQMD are subject to the provisions of Appendix S until our final approval of Rule 1325, which SCAQMD adopted to implement the requirements of EPA's 2008 PM2.5 NSR implementation rule. Once approved into the SIP, Rule 1325 will replace the current Appendix S PM2.5 New Source Review requirements.

3 73 FR 28321 (May 16, 2008).

4 73 FR at 28321.

On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit, in Natural Resources Defense Council v. EPA, 5 issued a decision that remanded the EPA's 2007 and 2008 rules implementing the 1997 PM2.5 NAAQS. The court found that EPA erred in implementing the PM2.5 NAAQS in these rules solely pursuant to the general implementation provisions of subpart 1 of part D of title I of the CAA, rather than pursuant to the additional implementation provisions specific to particulate matter nonattainment areas in subpart 4. The court ordered the EPA to “repromulgate these rules pursuant to Subpart 4 consistent with this opinion.” 706 F.3d 428, 437. On June 2, 2014, EPA finalized a rule that provides a response, in part, to the NRDC v. EPA remand.6 The rule initially classifies all nonattainment areas as moderate and sets a deadline of December 31, 2014, for states to submit “remaining required SIP submissions for [nonattainment] areas, pursuant to and considering the application of subpart 4”. Under subpart 4, the only additional requirement for a NNSR program is to ensure all control requirements applicable to PM2.5 major sources also apply to PM2.5 precursors, except where the Administrator determines that such sources do not contribute significantly to PM2.5 levels which exceed the standard in the area. (CAA section 189(e))

5 706 F.3d 428 (D.C. Cir. 2013).

6 Identification of Nonattainment Classification and Deadlines for Submission of State Implementation Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS; 79 FR 31566, June 2, 2014.

The SCAQMD's current NNSR program for emissions of pollutants other than PM2.5 regulates new and modified stationary sources of emissions through a series of rules in its Regulation XIII. The rules contained in Regulation XIII prescribe pre-construction review requirements for new and modified facilities, to ensure that the facility operations do not interfere with progress towards attaining ambient air quality standards. With the adoption of Rule 1325, SCAQMD provides a rule intended to specifically regulate PM2.5 emissions in accordance with requirements of 40 CFR 51.165 and the CAA.

B. How is EPA evaluating the rule?

EPA reviewed Rule 1325: Federal PM2.5 New Source Review Program for compliance with: (1) The CAA requirements for SIPs in general as set forth in CAA section 110(a)(2); (2) the requirements related to SIP revisions in CAA sections 110(l) 7 and 193; (3) the requirements for stationary source preconstruction permitting programs in CAA section 173(a) through (c) of subpart 1 and section 189 of subpart 4; (4) requirements related to the review and modification of major sources in 40 CFR part 51.165.

7 CAA section 110(l) requires SIP revisions to be subject to reasonable notice and public hearing prior to adoption and submittal by States to EPA and prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA.

C. Does the rule meet the evaluation criteria?

With respect to procedural requirements, CAA sections 110(a)(2) and 110(l) require that revisions to a SIP be adopted by the State after reasonable notice and public hearing. EPA has promulgated specific procedural requirements for SIP revisions in 40 CFR part 51, subpart V. These requirements include publication of notices, by prominent advertisement in the relevant geographic area, a public hearing or notice of an opportunity for a public hearing on the proposed revisions, and a public comment period of at least 30 days.

Based on our review of the public process documentation included in the December 29, 2014 submittal, we find that SCAQMD has provided sufficient evidence of public notice and opportunity for comment and a public hearing prior to adoption and submittal of these rules to EPA.

For Section 193 of the Act, which was added by the Clean Air Act Amendments of 1990, that provision includes a savings clause providing in pertinent part: “No control requirement in effect, or required to be adopted by an order, settlement agreement, or plan in effect before November 15, 1990, in any area which is a nonattainment area for any air pollutant may be modified after November 15, 1990, in any manner unless the modification insures equivalent or greater emission reductions of such air pollutant.” Since PM2.5 is a new NAAQS, there are no existing PM2.5 control requirements that would be subject to the provisions of Section 193 of the CAA. Therefore, for the purposes of our analysis of Rule 1325, we find that Section 193 of the CAA does not apply to this action.

Rule 1325 includes revisions to SCAQMD's NNSR program consistent with CAA sections 173 and 189, and 40 CFR 51.165. Specifically, Rule 1325 includes the PM2.5 emission rates that define major source and major modification thresholds, regulation of direct PM2.5 and certain PM2.5 precursors (SO2 and NOX), and the emissions offset requirements.

CAA subpart 4 includes section 189(e), which requires the control of major stationary sources of PM10 precursors (and hence under the court decision, PM2.5 precursors) “except where the Administrator determines that such sources do not contribute significantly to PM10 levels which exceed the standard in the area.” Rule 1325(b)(8) provides a definition of Precursors that only includes SO2 and NOX and excludes VOC and ammonia emissions as precursors to PM2.5. The SCAQMD regulates VOC emissions pursuant to Regulation XIII, requiring federal Lowest Achievable Emission Rate (LAER) controls and offsets at emission thresholds significantly lower than required for a PM2.5 precursor. Therefore we are proposing to find that Regulation XIII already satisfies the section 189(e) requirement for VOC and it is not necessary to include VOC as a precursor in Rule 1325. The SCAQMD requires LAER but not offsets for ammonia emissions in Regulations XIII. However, as allowed by CAA section 189(e), the SCAQMD has provided additional information in its staff report and other documents in our docket demonstrating major stationary sources of ammonia emissions do not contribute significantly to PM2.5 levels that exceed the standard in the South Coast Air Basin. Please refer to our TSD for a detailed discussion of this issue.

With respect to substantive requirements found in CAA sections 173 and 189, and 40 CFR 51.165, we have evaluated SCAQMD Rule 1325 in accordance with the CAA and regulatory requirements that apply to NNSR permit programs under part D of title I of the Act. We find that Rule 1325 satisfies the applicable requirements for a NNSR permit program and would strengthen the applicable SIP. We are therefore proposing a full approval of the submitted rule. Our TSD, which can be found in the docket for this rule, contains a more detailed evaluation and discussion of the approval criteria.

III. Proposed Action and Public Comment

Pursuant to section 110(k)(3) of the CAA and for the reasons provided above, EPA is proposing to approve SCAQMD Rule 1325. For the reasons stated above and explained further in our TSD, we find that SCAQMD Rule 1325 satisfies the applicable CAA and regulatory requirements for a NNSR permit program under CAA section 110(a)(2)(C) and part D of title I of the Act. Rule 1325 strengthens the SIP by adding PM2.5 permit major source requirements.

We will accept comments from the public on this proposed approval for the next 30 days.

IV. Incorporation by Reference

In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference SCAQMD Rule 1325—Federal PM2.5 New Source Review Program which is discussed in section I.A. of this preamble. The EPA has made, and will continue to make, this document generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

• does not interfere with Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) because EPA lacks the discretionary authority to address environmental justice in this rulemaking.

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

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate Matter, Reporting and recordkeeping requirements.

Authority:

42 U.S.C. 7401 et seq.

Dated: February 5, 2015. Jared Blumenfeld, Regional Administrator, Region IX.
[FR Doc. 2015-03058 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R03-OAR-2014-0868; FRL-9923-03-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania's September 5, 2014 request to redesignate to attainment the Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area (hereafter “the Philadelphia Area” or “the Area”) for both the 1997 annual and the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS or standards). EPA is also proposing to approve as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the Pennsylvania portion of the Area. EPA is also proposing to approve the motor vehicle emissions budgets (MVEBs) included in Pennsylvania's maintenance plan for the Pennsylvania portion of the Area for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also proposing to determine that the Pennsylvania portion of the Philadelphia Area continues to attain both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve the 2007 emissions inventory included in the maintenance plan for the Pennsylvania portion of the Area for the 2006 24-hour PM2.5 NAAQS. In this rulemaking action, EPA also addresses the effects of several decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) and a decision of the United States Supreme Court: (1) The D.C. Circuit Court's August 21, 2012 decision to vacate and remand to EPA the Cross-State Air Pollution Control Rule (CSAPR); (2) the Supreme Court's April 29, 2014 reversal of the vacature of CSAPR, and remand to the D.C. Circuit Court; (3) the D.C. Circuit Court's October 23, 2014 decision to lift the stay of CSAPR; and (4) the D.C. Circuit Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 annual PM2.5 NAAQS. This rulemaking action to propose approval of the 1997 annual and 2006 24-hour PM2.5 NAAQS redesignation request and associated maintenance plan for the Pennsylvania portion of the Philadelphia Area is based on EPA's determination that Pennsylvania has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA) for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA has taken separate rulemaking actions to approve the redesignation of the New Jersey portion and the Delaware portion of the Philadelphia Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. See 78 FR 54396, September 4, 2013 (for the New Jersey portion of the Area), and 79 FR 45350, August 5, 2014 (for the Delaware portion of the Area).

DATES:

Written comments must be received on or before March 19, 2015.

ADDRESSES:

Submit your comments, identified by Docket ID Number EPA-R03-OAR-2014-0868 by one of the following methods:

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

B. Email: [email protected]

C. Mail: EPA-R03-OAR-2014-0868, Marilyn Powers, Acting Associate Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

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

Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-2014-0868. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

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

FOR FURTHER INFORMATION CONTACT:

Marilyn Powers, (215) 814-2308 or by email at [email protected] and Rose Quinto, (215) 814-2182 or email at [email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents I. Background II. EPA's Requirements A. Criteria for Redesignation to Attainment B. Requirements of a Maintenance Plan III. Summary of Proposed Actions IV. Effects of Recent Court Decisions on Proposed Actions A. Effect of Court Decisions Regarding EPA's CSAPR B. Effect of the D.C. Circuit Court Decision Regarding PM2.5 Implementation under Subpart 4 of Part D of Title I of the CAA V. EPA's Analysis of Pennsylvania's Submittal A. Redesignation Request B. Maintenance Plan C. Motor Vehicle Emissions Budgets VI. Proposed Actions VII. Statutory and Executive Order Reviews I. Background

The first air quality standards for PM2.5 were established on July 16, 1997 (62 FR 38652, July 18, 1997). EPA promulgated an annual standard at a level of 15 micrograms per cubic meter (μg/m3), based on a three-year average of annual mean PM2.5 concentrations (the 1997 annual PM2.5 NAAQS). In the same rulemaking action, EPA promulgated a 24-hour standard of 65 μg/m3, based on a three-year average of the 98th percentile of 24-hour concentrations.

On January 5, 2005 (70 FR 944, 1014), EPA published air quality area designations for the 1997 PM2.5 NAAQS. In that rulemaking action, EPA designated the Philadelphia Area as nonattainment for the 1997 annual PM2.5 NAAQS. The Philadelphia Area is comprised of New Castle County in Delaware (the Delaware portion of the Area); Burlington, Camden, and Gloucester Counties in New Jersey (the New Jersey portion of the Area); and Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties in Pennsylvania (the Pennsylvania portion of the Area). See 40 CFR 81.308 (Delaware), 40 CFR 81.331 (New Jersey), and 40 CFR 81.339 (Pennsylvania).

On October 17, 2006 (71 FR 61144), EPA retained the annual average standard at 15 μg/m3, but revised the 24-hour standard to 35 μg/m3, based again on the three-year average of the 98th percentile of 24-hour concentrations (the 2006 24-hour PM2.5 NAAQS). On November 13, 2009 (74 FR 58688), EPA published designations for the 2006 24-hour PM2.5 NAAQS, which became effective on December 14, 2009. In that rulemaking action, EPA designated the Philadelphia Area as nonattainment for the 2006 24-hour PM2.5 NAAQS. See 77 FR 58775 and also see 40 CFR 81.308 (Delaware), 40 CFR 81.331 (New Jersey), and 40 CFR 81.339 (Pennsylvania). Today's proposed rulemaking actions address the redesignations to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS for the Pennsylvania portion of the Philadelphia Area.

On May 16, 2012 (77 FR 28782) and January 7, 2013 (78 FR 882), EPA made determinations that the entire Philadelphia Area had attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively. Pursuant to 40 CFR 51.1004(c) and based on these determinations, the requirements for the Philadelphia Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning SIPs related to the attainment of either the 1997 annual or 2006 24-hour PM2.5 NAAQS were, and continue to be, suspended until such time as: The Area is redesignated to attainment for each standard, at which time the requirements no longer apply; or EPA determines that the Area has again violated any of the standards, at which time such plans are required to be submitted. In the May 16, 2012 action, EPA also determined, in accordance with CAA section 179(c), that the Philadelphia Area attained the 1997 annual PM2.5 NAAQS by its attainment date of April 5, 2010.

On September 5, 2014, the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), formally submitted a request to redesignate the Pennsylvania portion of the Area from nonattainment to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Concurrently, PADEP submitted a combined maintenance plan for the Area as a SIP revision to ensure continued attainment throughout the Area over the next 10 years. The maintenance plan includes the 2017 and 2025 PM2.5 and NOX MVEBs for the Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS which EPA is proposing to approve for transportation conformity purposes. On September 5, 2014, PADEP also submitted a 2007 comprehensive emissions inventory for the 2006 24-hour PM2.5 NAAQS for PM2.5, nitrogen oxides (NOX), sulfur dioxide (SO2), volatile organic compounds (VOCs), and ammonia (NH3). EPA is proposing to approve as a SIP revision the maintenance plan for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is also proposing to approve as a SIP revision the 2007 emissions inventory for the 2006 24-hour PM2.5 NAAQS to meet the emissions inventory requirement of section 172(c)(3) of the CAA.

II. EPA's Requirements A. Criteria for Redesignation to Attainment

The CAA provides the requirements for redesignating a nonattainment area to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for redesignation providing that: (1) EPA determines that the area has attained the applicable NAAQS; (2) EPA has fully approved the applicable implementation plan for the area under section 110(k); (3) EPA determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP and applicable Federal air pollutant control regulations and other permanent and enforceable reductions; (4) EPA has fully approved a maintenance plan for the area as meeting the requirements of section 175A of the CAA; and (5) the state containing such area has met all requirements applicable to the area under section 110 and part D.

EPA has provided guidance on redesignation in the “State Implementation Plans; General Preamble for the Implementation of Title I of the Clear Air Act Amendments of 1990,” (57 FR 13498, April 16, 1992) (the General Preamble) and has provided further guidance on processing redesignation requests in the following documents: (1) “Procedures for Processing Requests to Redesignate Areas to Attainment,” Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (hereafter the 1992 Calcagni Memorandum); (2) “State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,” Memorandum from John Calcagni, Director, Air Quality Management Division, October 28, 1992; and (3) “Part D New Source Review (Part D NSR) Requirements for Areas Requesting Redesignation to Attainment,” Memorandum from Mary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994.

B. Requirements of a Maintenance Plan

Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after approval of a redesignation of an area to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan demonstrating that attainment will continue to be maintained for the 10 years following the initial 10-year period. To address the possibility of future NAAQS violations, the maintenance plan must contain such contingency measures, with a schedule for implementation, as EPA deems necessary to assure prompt correction of any future PM2.5 violations.

The 1992 Calcagni Memorandum provides additional guidance on the content of a maintenance plan. The Memorandum states that a maintenance plan should address the following provisions: (1) An attainment emissions inventory; (2) a maintenance demonstration showing maintenance for 10 years; (3) a commitment to maintain the existing monitoring network; (4) verification of continued attainment; and (5) a contingency plan to prevent or correct future violations of the NAAQS.

III. Summary of Proposed Actions

EPA is proposing to take several rulemaking actions related to the redesignation of the Pennsylvania portion of the Philadelphia Area to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is proposing to find that the Pennsylvania portion of the Area meets the requirements for redesignation of the 1997 annual and the 2006 24-hour PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. EPA is thus proposing to approve Pennsylvania's request to change the legal designation of the Pennsylvania portion of the Area from nonattainment to attainment for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. This rulemaking action does not impact the legal designation of the New Jersey and Delaware portions of the Philadelphia Area. On September 4, 2013 (78 FR 54396) and August 5, 2014 (79 FR 45350), EPA took separate rulemaking actions to redesignate to attainment the New Jersey portion of the Area and the Delaware portion of the Area, respectively, for both the 1997 annual and 2006 24-hour PM2.5 NAAQS.

EPA is also proposing to approve the associated maintenance plan for the Pennsylvania portion of the Area as a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS, including the MVEBs for the Pennsylvania portion of the Area for both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. The approval of the maintenance plan is one of the CAA criteria for redesignation of the Pennsylvania portion of the Area to attainment for both NAAQS. Pennsylvania's combined maintenance plan is designed to ensure continued attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively, in the Pennsylvania portion of the Area for 10 years after redesignation.

EPA previously determined that the Philadelphia Area attained both the 1997 annual and 2006 24-hour PM2.5 NAAQS (see 77 FR 28782 and 78 FR 882), and EPA is proposing to find that the Area continues to attain both NAAQS. Furthermore, under section 172(c)(3) of the CAA, EPA is proposing to approve the 2007 comprehensive emissions inventory submitted by PADEP for the Pennsylvania portion of the Area as a revision to the Pennsylvania's SIP for the 2006 24-hour PM2.5 NAAQS. EPA's analysis of the proposed actions is provided in Section V. of today's proposed rulemaking action.

IV. Effects of Recent Court Decisions on Proposed Actions A. Effect of Court Decisions Regarding EPA's CSAPR 1. Background

The D.C. Circuit Court and the Supreme Court have issued a number of decisions and orders regarding the status of EPA's regional trading programs for transported air pollution, the Clean Air Interstate Rule (CAIR) and CSAPR, that impact this proposed redesignation action. In 2008, the D.C. Circuit Court initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit Court's remand, EPA promulgated CSAPR, to address interstate transport of emissions and resulting secondary air pollutants and to replace CAIR.1 CSAPR requires substantial reductions of SO2 and NOX emissions from electric generating units (EGUs) in 28 states in the Eastern United States. Implementation of CSAPR was scheduled to begin on January 1, 2012, when CSAPR's cap-and-trade programs would have superseded the CAIR cap-and-trade programs. Numerous parties filed petitions for review of CSAPR, and on December 30, 2011, the D.C. Circuit Court issued an order staying CSAPR pending resolution of the petitions and directing EPA to continue to administer CAIR. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Dec. 30, 2011), Order at 2. On August 21, 2012, the D.C. Circuit Court issued its ruling, vacating and remanding CSAPR to EPA and once again ordering continued implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit Court subsequently denied EPA's petition for rehearing en banc. EME Homer City Generation, L.P. v. EPA, No. 11-1302, 2013 WL 656247 (D.C. Cir. Jan. 24, 2013), at *1. EPA and other parties then petitioned the Supreme Court for a writ of certiorari, and the Supreme Court granted the petitions on June 24, 2013. EPA v. EME Homer City Generation, L.P., 133 S. Ct. 2857 (2013).

1 CAIR addressed the 1997 annual PM2.5 NAAQS and the 1997 8-hour ozone NAAQS. CSAPR addresses contributions from upwind states to downwind nonattainment and maintenance of the 2006 24-hour PM2.5 NAAQS as well as the ozone and PM2.5 NAAQS addressed by CAIR.

On April 29, 2014, the Supreme Court vacated and reversed the D.C. Circuit Court's decision regarding CSAPR, and remanded that decision to the D.C. Circuit Court to resolve remaining issues in accordance with its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). EPA moved to have the stay of CSAPR lifted by the D.C. Circuit Court in light of the Supreme Court decision. EME Homer City Generation, L.P. v. EPA, Case No. 11-1302, Document No. 1499505 (D.C. Cir. filed June 26, 2014). In its motion, EPA asked the D.C. Circuit Court to toll CSAPR's compliance deadlines by three years, so that the Phase 1 emissions budgets apply in 2015 and 2016 (instead of 2012 and 2013), and the Phase 2 emissions budgets apply in 2017 and beyond (instead of 2014 and beyond). On October 23, 2014, the D.C. Circuit Court granted EPA's motion and lifted the stay of CSAPR which was imposed on December 30, 2011. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), Order at 3. On December 3, 2014, EPA issued an interim final rule to clarify how EPA will implement CSAPR consistent with the D.C. Circuit Court's order granting EPA's motion requesting lifting the stay and tolling the rule's deadlines. See 79 FR 71663 (December 3, 2014) (interim final rulemaking). Consistent with that rule, EPA began implementing CSAPR on January 1, 2015.

2. Proposal on This Issue

Because CAIR was promulgated in 2005 and incentivized sources and states to begin achieving early emission reductions, the air quality data examined by EPA in issuing a final determination of attainment for the Pennsylvania portion of the Area in 2012 (May 16, 2012, 77 FR 28782) and the air quality data from the Area since 2005 necessarily reflect reductions in emissions from upwind sources as a result of CAIR, and Pennsylvania included CAIR as one of the measures that helped to bring the Area into attainment. However, modeling conducted by EPA during the CSAPR rulemaking process, which used a baseline emissions scenario that “backed out” the effects of CAIR, see 76 FR 48223, projected that the counties in the Philadelphia Area would have design values below the 1997 annual and the 2006 24-hour PM2.5 NAAQS for 2012 and 2014 without taking into account emission reductions from CAIR or CSAPR. See Appendix B of EPA's “Air Quality Modeling Final Rule Technical Support Document,” (Pages B-37, B-51, B-57, B-58, B-66, B-80, B-86), which is available in the docket for this proposed rulemaking action. In addition, the 2010-2012 quality-assured, quality-controlled, and certified monitoring data for the Philadelphia Area confirms that the PM2.5 annual design value for the Area remained well below the 1997 annual and 2006 24-hour PM2.5 NAAQS in 2012.

The status of CSAPR is not relevant to this redesignation. CSAPR was promulgated in June 2011, and the rule was stayed by the D.C. Circuit Court just six months later, before the trading programs it created were scheduled to go into effect. As stated previously, EPA began implementing CSAPR on January 1, 2015, subsequent to the emission reductions documented in the Commonwealth's September 2014 request for redesignation. Therefore, the Philadelphia Area's attainment of the 1997 annual PM2.5 NAAQS or the 2006 24-hour PM2.5 NAAQS cannot have been a result of any emission reductions associated with CSAPR. In summary, neither the status of CAIR nor the current status of CSAPR affects any of the criteria for proposed approval of this redesignation request for the Pennsylvania portion of the Area.

B. Effect of the D.C. Circuit Court Decision Regarding PM2.5 Implementation Under Subpart 4 of Part D of Title I of the CAA 1. Background

On January 4, 2013, in NRDC v. EPA, the D.C. Circuit Court remanded to EPA the “Final Clean Air Fine Particle Implementation Rule” (72 FR 20586, April 25, 2007) and the “Implementation of the New Source Review (NSR) Program for PM2.5” final rule (73 FR 28321, May 16, 2008) (collectively, 1997 PM2.5 Implementation Rule). 706 F.3d 428 (D.C. Cir. 2013). The D.C. Circuit Court found that EPA erred in implementing the 1997 annual PM2.5 NAAQS pursuant to the general implementation provisions of subpart 1 of part D of Title I of the CAA (subpart 1), rather than the particulate-matter-specific provisions of subpart 4 of part D of Title I (subpart 4). Prior to the January 4, 2013 decision, the states had worked towards meeting the air quality goals of the 1997 and 2006 PM2.5 NAAQS in accordance with EPA regulations and guidance derived from subpart 1 of part D of Title I of the CAA. In response to the D.C. Circuit Court's remand, EPA took this history into account by setting a new deadline for any remaining submissions that may be required for moderate nonattainment areas as a result of the D.C. Circuit Court's decision regarding the applicability of subpart 4 of part D of Title I of the CAA.

On June 2, 2014 (79 FR 31566), EPA issued a final rule, “Identification of Nonattainment Classification and Deadlines for Submission of SIP Provisions for the 1997 and 2006 PM2.5 NAAQS” (the PM2.5 Subpart 4 Classification and Deadline Rule), which identifies the classification under subpart 4 for areas currently designated nonattainment for the 1997 annual and/or 2006 24-hour PM2.5 NAAQS. The rule set a deadline for states to submit attainment plans and meet other subpart 4 requirements. The rule specified December 31, 2014 as the deadline for states to submit any additional attainment-related SIP elements that may be needed to meet the applicable requirements of subpart 4 for areas currently designated nonattainment for the 1997 PM2.5 and/or 2006 PM2.5 NAAQS and to submit SIPs addressing the nonattainment new source review (NSR) requirements in subpart 4.

As explained in detail in the following section, since Pennsylvania submitted its request to redesignate the Pennsylvania portion of the Philadelphia Area on September 5, 2014, any additional attainment-related SIP elements that may be needed for the Pennsylvania portion of the Area to meet the applicable requirements of subpart 4 were not due at the time Pennsylvania submitted its request to redesignate the Pennsylvania portion of the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS.

2. Proposal on This Issue

In this proposed rulemaking action, EPA addresses the effect of the D.C. Circuit Court's January 4, 2013 ruling and the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule on the redesignation requests for the Area. EPA is proposing to determine that the D.C. Circuit Court's January 4, 2013 decision does not prevent EPA from redesignating the Area to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. Even in light of the D.C. Circuit Court's decision, redesignation for this Area is appropriate under the CAA and EPA's longstanding interpretations of the CAA's provisions regarding redesignation. EPA first explains its longstanding interpretation that requirements that are imposed, or that become due, after a complete redesignation request is submitted for an area that is attaining the standard, are not applicable for purposes of evaluating a redesignation request. Second, EPA then shows that, even if EPA applies the subpart 4 requirements to the redesignation requests of the Area and disregards the provisions of its 1997 PM2.5 Implementation Rule recently remanded by the D.C. Circuit Court, Pennsylvania's request for redesignation of the Area still qualifies for approval. EPA's discussion takes into account the effect of the D.C. Circuit Court's ruling and the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule on the maintenance plans of the Area, which EPA views as approvable when subpart 4 requirements are considered.

a. Applicable Requirements Under Subpart 4 for Purposes of Evaluating the Redesignation Request of the Area

With respect to the 1997 PM2.5 Implementation Rule, the D.C. Circuit Court's January 4, 2013 ruling rejected EPA's reasons for implementing the PM2.5 NAAQS solely in accordance with the provisions of subpart 1, and remanded that matter to EPA, so that it could address implementation of the PM2.5 NAAQS under subpart 4 of Part D of the CAA, in addition to subpart 1. For the purposes of evaluating Pennsylvania's September 2014 redesignation request for the Area, to the extent that implementation under subpart 4 would impose additional requirements for areas designated nonattainment, EPA believes that those requirements are not “applicable” for the purposes of section 107(d)(3)(E) of the CAA, and thus EPA is not required to consider subpart 4 requirements with respect to the redesignation of the areas. Under its longstanding interpretation of the CAA, EPA has interpreted section 107(d)(3)(E) to mean, as a threshold matter, that the part D provisions which are “applicable” and which must be approved in order for EPA to redesignate an area include only those which came due prior to a state's submittal of a complete redesignation request. See 1992 Calcagni Memorandum. See also “SIP Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) NAAQS on or after November 15, 1992,” Memorandum from Michael Shapiro, Acting Assistant Administrator, Air and Radiation, September 17, 1993 (Shapiro memorandum); Final Redesignation of Detroit-Ann Arbor, (60 FR 12459, 12465-66, March 7, 1995); Final Redesignation of St. Louis, Missouri, (68 FR 25418, 25424-27, May 12, 2003); Sierra Club v. EPA, 375 F.3d 537, 541 (7th Cir. 2004) (upholding EPA's redesignation rulemaking applying this interpretation and expressly rejecting Sierra Club's view that the meaning of “applicable” under the statute is “whatever should have been in the plan at the time of attainment rather than whatever actually was in the plan and already implemented or due at the time of attainment”).2 In this case, at the time that Pennsylvania submitted its redesignation request for the 1997 annual and the 2006 24-hour PM2.5 NAAQS, the requirements under subpart 4 were not due.

2 Applicable requirements of the CAA that come due subsequent to the area's submittal of a complete redesignation request remain applicable until a redesignation is approved, but are not required as a prerequisite to redesignation. See section 175A(c) of the CAA.

EPA's view that, for purposes of evaluating the redesignation of the Pennsylvania portion of the Area, the subpart 4 requirements were not due at the time Pennsylvania submitted the redesignation request is in keeping with the EPA's interpretation of subpart 2 requirements for subpart 1 ozone areas redesignated subsequent to the D.C. Circuit Court's decision in South Coast Air Quality Mgmt. Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). In South Coast, the D.C. Circuit Court found that EPA was not permitted to implement the 1997 8-hour ozone standard solely under subpart 1, and held that EPA was required under the statute to implement the standard under the ozone-specific requirements of subpart 2 as well. Subsequent to the South Coast decision, in evaluating and acting upon redesignation requests for the 1997 8-hour ozone standard that were submitted to EPA for areas under subpart 1, EPA applied its longstanding interpretation of the CAA that “applicable requirements,” for purposes of evaluating a redesignation, are those that had been due at the time the redesignation request was submitted. See, e.g., Proposed Redesignation of Manitowoc County and Door County Nonattainment Areas (75 FR 22047, 22050, April 27, 2010). In those rulemaking actions, EPA, therefore did not consider subpart 2 requirements to be “applicable” for the purposes of evaluating whether the area should be redesignated under section 107(d)(3)(E) of the CAA.

EPA's interpretation derives from the provisions of section 107(d)(3) of the CAA. Section 107(d)(3)(E)(v) states that, for an area to be redesignated, a state must meet “all requirements `applicable' to the area under section 110 and part D.” Section 107(d)(3)(E)(ii) provides that EPA must have fully approved the “applicable” SIP for the area seeking redesignation. These two sections read together support EPA's interpretation of “applicable” as only those requirements that came due prior to submission of a complete redesignation request.

First, holding states to an ongoing obligation to adopt new CAA requirements that arose after the state submitted its redesignation request, in order to be redesignated, would make it problematic or impossible for EPA to act on redesignation requests in accordance with the 18-month deadline Congress set for EPA action in section 107(d)(3)(D). If “applicable requirements” were interpreted to be a continuing flow of requirements with no reasonable limitation, states, after submitting a redesignation request, would be forced continuously to make additional SIP submissions that in turn would require EPA to undertake further notice-and-comment rulemaking actions to act on those submissions. This would create a regime of unceasing rulemaking that would delay action on the redesignation request beyond the 18-month timeframe provided by the CAA for this purpose.

Second, a fundamental premise for redesignating a nonattainment area to attainment is that the area has attained the relevant NAAQS due to emission reductions from existing controls. Thus, an area for which a redesignation request has been submitted would have already attained the NAAQS as a result of satisfying statutory requirements that came due prior to the submission of the request. Absent a showing that unadopted and unimplemented requirements are necessary for future maintenance, it is reasonable to view the requirements applicable for purposes of evaluating the redesignation request as including only those SIP requirements that have already come due. These are the requirements that led to attainment of the NAAQS. To require, for redesignation approval, that a state also satisfy additional SIP requirements coming due after the state submits its complete redesignation request, and while EPA is reviewing it, would compel the state to do more than is necessary to attain the NAAQS, without a showing that the additional requirements are necessary for maintenance.

In the context of this redesignation, the timing and nature of the D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, and EPA's June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule compound the consequences of imposing requirements that come due after the redesignation request is submitted. Pennsylvania submitted its redesignation request for the 1997 annual and 2006 24-hour PM2.5 NAAQS on September 5, 2014 for the Pennsylvania portion of the Area, which is prior to the deadline by which the Area is required to meet the attainment plan and other requirements pursuant to subpart 4.

To require Pennsylvania's fully-completed and pending redesignation request for the 1997 annual and 2006 24-hour PM2.5 NAAQS to comply now with requirements of subpart 4 that the D.C. Circuit Court announced only in January 2013 and for which the December 31, 2014 deadline to comply occurred subsequent to EPA's receipt of Pennsylvania's September 5, 2014 redesignation request, would be to give retroactive effect to such requirements and provide Pennsylvania a unique and earlier deadline for compliance solely on the basis of submitting its redesignation requests for the Area. The D.C. Circuit Court recognized the inequity of this type of retroactive impact in Sierra Club v. Whitman, 285 F.3d 63 (D.C. Cir. 2002),3 where it upheld the D.C. Circuit Court's ruling refusing to make retroactive EPA's determination that the areas did not meet their attainment deadlines. In that case, petitioners urged the D.C. Circuit Court to make EPA's nonattainment determination effective as of the date that the statute required, rather than the later date on which EPA actually made the determination. The D.C. Circuit Court rejected this view, stating that applying it “would likely impose large costs on States, which would face fines and suits for not implementing air pollution prevention plans . . . even though they were not on notice at the time.” Id. at 68. Similarly, it would be unreasonable to penalize Pennsylvania by rejecting its September 2014 redesignation request for an area that EPA previously determined was attaining the 1997 annual and 2006 24-hour PM2.5 NAAQS and that met all applicable requirements known to be in effect at the time of the request. For EPA now to reject the redesignation request solely because Pennsylvania did not expressly address subpart 4 requirements which came due after receipt of such request and for which it had little to no notice, would inflict the same unfairness condemned by the D.C. Circuit Court in Sierra Club v. Whitman.

3Sierra Club v. Whitman was discussed and distinguished in a recent D.C. Circuit Court decision that addressed retroactivity in a quite different context, where, unlike the situation here, EPA sought to give its regulations retroactive effect. National Petrochemical and Refiners Ass'n v. EPA, 630 F.3d 145, 163 (D.C. Cir. 2010), rehearing denied 643 F.3d 958 (D.C. Cir. 2011), cert denied 132 S. Ct. 571 (2011).

b. Subpart 4 Requirements and Pennsylvania's Redesignation Request

Even if EPA were to take the view that the D.C. Circuit Court's January 4, 2013 decision, or the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule, requires that, in the context of pending redesignation request for the 1997 annual and the 2006 24-hour PM2.5 NAAQS, which were submitted prior to December 31, 2014, subpart 4 requirements must be considered as being due and in effect, EPA proposes to determine that the Area still qualifies for redesignation to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. As explained subsequently, EPA believes that the redesignation request for the Area, though not expressed in terms of subpart 4 requirements, substantively meets the requirements of that subpart for purposes of redesignating the Area to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS.

With respect to evaluating the relevant substantive requirements of subpart 4 for purposes of redesignating the Area, EPA notes that subpart 4 incorporates components of subpart 1 of part D, which contains general air quality planning requirements for areas designated as nonattainment. See section 172(c). Subpart 4 itself contains specific planning and scheduling requirements for coarse particulate matter (PM10) 4 nonattainment areas, and under the D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, these same statutory requirements also apply for PM2.5 nonattainment areas. EPA has longstanding general guidance that interprets the 1990 amendments to the CAA, making recommendations to states for meeting the statutory requirements for SIPs for nonattainment areas. See the General Preamble. In the General Preamble, EPA discussed the relationship of subpart 1 and subpart 4 SIP requirements, and pointed out that subpart 1 requirements were to an extent “subsumed by, or integrally related to, the more specific PM10 requirements” (57 FR 13538, April 16, 1992). The subpart 1 requirements include, among other things, provisions for attainment demonstrations, RACM, RFP, emissions inventories, and contingency measures.

4 PM10 refers to particulates nominally 10 micrometers in diameter or smaller.

For the purposes of this redesignation request, in order to identify any additional requirements which would apply under subpart 4, consistent with EPA's June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule, EPA is considering the areas to be “moderate” PM2.5 nonattainment areas. As EPA explained in its June 2, 2014 rule, section 188 of the CAA provides that all areas designated nonattainment areas under subpart 4 are initially classified by operation of law as “moderate” nonattainment areas, and remain moderate nonattainment areas unless and until EPA reclassifies the area as a “serious” nonattainment area. Accordingly, EPA believes that it is appropriate to limit the evaluation of the potential impact of subpart 4 requirements to those that would be applicable to moderate nonattainment areas. Sections 189(a) and (c) of subpart 4 apply to moderate nonattainment areas and include the following: (1) An approved permit program for construction of new and modified major stationary sources (section 189(a)(1)(A)); (2) an attainment demonstration (section 189(a)(1)(B)); (3) provisions for RACM (section 189(a)(1)(C)); and (4) quantitative milestones demonstrating RFP toward attainment by the applicable attainment date (section 189(c)).

The permit requirements of subpart 4, as contained in section 189(a)(1)(A), refer to and apply the subpart 1 permit provisions requirements of sections 172 and 173 to PM10, without adding to them. Consequently, EPA believes that section 189(a)(1)(A) does not itself impose for redesignation purposes any additional requirements for moderate areas beyond those contained in subpart 1.5 In any event, in the context of redesignation, EPA has long relied on the interpretation that a fully approved nonattainment NSR program is not considered an applicable requirement for redesignation, provided the area can maintain the standard with a prevention of significant deterioration (PSD) program after redesignation. A detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, “Part D NSR Requirements for Areas Requesting Redesignation to Attainment.” See also rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). With respect to the specific attainment planning requirements under subpart 4,6 when EPA evaluates a redesignation request under either subpart 1 or 4, any area that is attaining the PM2.5 NAAQS is viewed as having satisfied the attainment planning requirements for these subparts. For redesignations, EPA has for many years interpreted attainment-linked requirements as not applicable for areas attaining the standard. In the General Preamble, EPA stated that: “The requirements for RFP will not apply in evaluating a request for redesignation to attainment since, at a minimum, the air quality data for the area must show that the area has already attained. Showing that the State will make RFP towards attainment will, therefore, have no meaning at that point.”

5 The potential effect of section 189(e) on section 189(a)(1)(A) for purposes of evaluating this redesignation is discussed in this rulemaking action.

6 EPA refers to attainment demonstration, RFP, RACM, milestone requirements, and contingency measures.

The General Preamble also explained that: “[t]he section 172(c)(9) requirements are directed at ensuring RFP and attainment by the applicable date. These requirements no longer apply when an area has attained the standard and is eligible for redesignation. Furthermore, section 175A for maintenance plans . . . provides specific requirements for contingency measures that effectively supersede the requirements of section 172(c)(9) for these areas.” Id. EPA similarly stated in its 1992 Calcagni Memorandum that, “The requirements for reasonable further progress and other measures needed for attainment will not apply for redesignations because they only have meaning for areas not attaining the standard.”

It is evident that even if we were to consider the D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, or the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule, to mean that attainment-related requirements specific to subpart 4 were either due prior to Pennsylvania's September 2014 redesignation request or became due subsequent to the September 2014 redesignation request and must now be imposed retroactively 7 , those requirements do not apply to areas that are attaining the 1997 annual and the 2006 24-hour PM2.5 NAAQS, for the purpose of evaluating a pending request to redesignate the areas to attainment. EPA has consistently enunciated this interpretation of applicable requirements under section 107(d)(3)(E) since the General Preamble was published more than twenty years ago. Courts have recognized the scope of EPA's authority to interpret “applicable requirements” in the redesignation context. See Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).

7 As EPA has explained above, we do not believe that the D.C. Circuit Court's January 4, 2013 decision should be interpreted so as to impose these requirements on the states retroactively. Sierra Club v. Whitman, supra.

Moreover, even outside the context of redesignations, EPA has viewed the obligations to submit attainment-related SIP planning requirements of subpart 4 as inapplicable for areas that EPA determines are attaining the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA's prior “Clean Data Policy” rulemakings for the PM10 NAAQS, also governed by the requirements of subpart 4, explain EPA's reasoning. They describe the effects of a determination of attainment on the attainment-related SIP planning requirements of subpart 4. See “Determination of Attainment for Coso Junction Nonattainment Area,” (75 FR 27944, May 19, 2010). See also Coso Junction Proposed PM10 Redesignation, (75 FR 36023, 36027, June 24, 2010); Proposed and Final Determinations of Attainment for San Joaquin Nonattainment Area (71 FR 40952, 40954-55, July 19, 2006; and 71 FR 63641, 63643-47, October 30, 2006). In short, EPA in this context has also long concluded that to require states to meet superfluous SIP planning requirements is not necessary and not required by the CAA, so long as those areas continue to attain the relevant NAAQS.

As stated previously in this proposed rulemaking, on May 16, 2012 (77 FR 28782) and January 7, 2013 (78 FR 882), EPA made determinations that the entire Philadelphia Area had attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively. Pursuant to 40 CFR 51.1004(c) and based on these determinations, the requirements for the Philadelphia Area to submit an attainment demonstration and associated RACM, a RFP plan, contingency measures, and other planning SIPs related to the attainment of either the 1997 annual or 2006 24-hour PM2.5 NAAQS were, and continue to be, suspended until such time as: The Area is redesignated to attainment for each standard, at which time the requirements no longer apply; or EPA determines that the Area has again violated any of the standards, at which time such plans are required to be submitted. Under its longstanding interpretation, EPA is proposing to determine here that the Area meets the attainment-related plan requirements of subparts 1 and 4 for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. Thus, EPA is proposing to conclude that the requirements to submit an attainment demonstration under 189(a)(1)(B), a RACM determination under section 172(c)(1) and section 189(a)(1)(c), a RFP demonstration under 189(c)(1), and contingency measure requirements under section 172(c)(9) are satisfied for purposes of evaluating this redesignation request.

c. Subpart 4 and Control of PM2.5 Precursors

The D.C. Circuit Court in NRDC v. EPA remanded to EPA the two rules at issue in the case with instructions to EPA to re-promulgate them consistent with the requirements of subpart 4. EPA in this section addresses the D.C. Circuit Court's opinion with respect to PM2.5 precursors. While past implementation of subpart 4 for PM10 has allowed for control of PM10 precursors, such as NOX from major stationary, mobile, and area sources in order to attain the standard as expeditiously as practicable, section 189(e) of the CAA specifically provides that control requirements for major stationary sources of direct PM10 shall also apply to PM10 precursors from those sources, except where EPA determines that major stationary sources of such precursors “do not contribute significantly to PM10 levels which exceed the standard in the area.”

EPA's 1997 PM2.5 Implementation Rule, remanded by the D.C. Circuit Court, contained rebuttable presumptions concerning certain PM2.5 precursors applicable to attainment plans and control measures related to those plans. Specifically, in 40 CFR 51.1002, EPA provided, among other things, that a state was “not required to address VOC [and NH3] as . . . PM2.5 attainment plan precursor[s] and to evaluate sources of VOC [and NH3] emissions in the State for control measures.” EPA intended these to be rebuttable presumptions. EPA established these presumptions at the time because of uncertainties regarding the emission inventories for these pollutants and the effectiveness of specific control measures in various regions of the country in reducing PM2.5 concentrations. EPA also left open the possibility for such regulation of VOC and NH3 in specific areas where that was necessary.

The D.C. Circuit Court in its January 4, 2013 decision made reference to both section 189(e) and 40 CFR 51.1002, and stated that, “In light of our disposition, we need not address the petitioners' challenge to the presumptions in [40 CFR 51.1002] that VOCs and NH3 are not PM2.5 precursors, as subpart 4 expressly governs precursor presumptions.” NRDC v. EPA, at 27, n.10.

Elsewhere in the D.C. Circuit Court's opinion, however, the D.C. Circuit Court observed: “NH3 is a precursor to fine particulate matter, making it a precursor to both PM2.5 and PM10. For a PM10 nonattainment area governed by subpart 4, a precursor is presumptively regulated. See 42 U.S.C. 7513a(e) [section 189(e)].” Id. at 21, n.7.

For a number of reasons, the redesignation of the Pennsylvania portion of the Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS is consistent with the D.C. Circuit Court's decision on this aspect of subpart 4. While the D.C. Circuit Court, citing section 189(e), stated that “for a PM10 area governed by subpart 4, a precursor is `presumptively' regulated,” the D.C. Circuit Court expressly declined to decide the specific challenge to EPA's 1997 PM2.5 Implementation Rule provisions regarding NH3 and VOC as precursors. The D.C. Circuit Court had no occasion to reach whether and how it was substantively necessary to regulate any specific precursor in a particular PM2.5 nonattainment area, and did not address what might be necessary for purposes of acting upon a redesignation request.

However, even if EPA takes the view that the requirements of subpart 4 were deemed applicable at the time the state submitted the redesignation request, and disregards the 1997 PM2.5 Implementation Rule's rebuttable presumptions regarding NH3 and VOC as PM2.5 precursors, the regulatory consequence would be to consider the need for regulation of all precursors from any sources in the Area to demonstrate attainment and to apply the section 189(e) provisions to major stationary sources of precursors. In the case of the Pennsylvania portion of the Area, EPA believes that doing so is consistent with proposing redesignation of the Pennsylvania portion of the Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. The Pennsylvania portion of the Area has attained the 1997 annual and the 2006 24-hour PM2.5 NAAQS without any specific additional controls of NH3 and VOC emissions from any sources in the Pennsylvania portion of the Area.

Precursors in subpart 4 are specifically regulated under the provisions of section 189(e), which requires, with important exceptions, control requirements for major stationary sources of PM10 precursors.8 Under subpart 1 and EPA's prior implementation rule, all major stationary sources of PM2.5 precursors were subject to regulation, with the exception of NH3 and VOC. Thus, EPA must address here whether additional controls of NH3 and VOC from major stationary sources are required under section 189(e) of subpart 4 in order to redesignate the Pennsylvania portion of the Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. As explained subsequently, EPA does not believe that any additional controls of NH3 and VOC are required in the context of this redesignation.

8 Under either subpart 1 or subpart 4, for purposes of demonstrating attainment as expeditiously as practicable, a state is required to evaluate all economically and technologically feasible control measures for direct PM emissions and precursor emissions, and adopt those measures that are deemed reasonably available.

In the General Preamble, EPA discusses its approach to implementing section 189(e). See 57 FR 13538-13542. With regard to precursor regulation under section 189(e), the General Preamble explicitly stated that control of VOC under other CAA requirements may suffice to relieve a state from the need to adopt precursor controls under section 189(e). See 57 FR 13542. EPA in this rulemaking action, proposes to determine that the Pennsylvania SIP revision has met the provisions of section 189(e) with respect to NH3 and VOC as precursors. These proposed determinations are based on EPA's findings that: (1) The Pennsylvania portion of the Area contains no major stationary sources of NH3; and (2) existing major stationary sources of VOC are adequately controlled under other provisions of the CAA regulating the ozone NAAQS.9 In the alternative, EPA proposes to determine that, under the express exception provisions of section 189(e), and in the context of the redesignation of the Area, which is attaining the 1997 annual and the 2006 24-hour PM2.5 NAAQS, at present NH3 and VOC precursors from major stationary sources do not contribute significantly to levels exceeding the 1997 annual and the 2006 24-hour PM2.5 NAAQS in the Area. See 57 FR 13539-42.

9 The Areas have reduced VOC emissions through the implementation of various control programs including VOC Reasonably Available Control Technology (RACT) regulations and various on-road and non-road motor vehicle control programs.

EPA notes that its 1997 PM2.5 Implementation Rule provisions in 40 CFR 51.1002 were not directed at evaluation of PM2.5 precursors in the context of redesignation, but at SIP plans and control measures required to bring a nonattainment area into attainment of the 1997 annual PM2.5 NAAQS. By contrast, redesignation to attainment primarily requires the nonattainment area to have already attained due to permanent and enforceable emission reductions, and to demonstrate that controls in place can continue to maintain the standard. Thus, even if we regard the D.C. Circuit Court's January 4, 2013 decision as calling for “presumptive regulation” of NH3 and VOC for PM2.5 under the attainment planning provisions of subpart 4, those provisions in and of themselves do not require additional controls of these precursors for an area that already qualifies for redesignation. Nor does EPA believe that requiring Pennsylvania to address precursors differently than it has already would result in a substantively different outcome.

Although, as EPA has emphasized, its consideration here of precursor requirements under subpart 4 is in the context of a redesignation to attainment, EPA's existing interpretation of subpart 4 requirements with respect to precursors in attainment plans for PM10 contemplates that states may develop attainment plans that regulate only those precursors that are necessary for purposes of attainment in the area in question, i.e., states may determine that only certain precursors need be regulated for attainment and control purposes.10 Courts have upheld this approach to the requirements of subpart 4 for PM10.11 EPA believes that application of this approach to PM2.5 precursors under subpart 4 is reasonable. Because the Area has already attained the 1997 annual and the 2006 24-hour PM2.5 NAAQS with its current approach to regulation of PM2.5 precursors, EPA believes that it is reasonable to conclude in the context of these redesignations that there is no need to revisit the attainment control strategy with respect to the treatment of precursors. Even if the D.C. Circuit Court's decision is construed to impose an obligation, in evaluating this redesignation request, to consider additional precursors under subpart 4, it would not affect EPA's approval here of Pennsylvania's request for redesignation of the Pennsylvania portion of the Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. In the context of a redesignation, Pennsylvania has shown that the Area has attained the standards. Moreover, Pennsylvania has shown and EPA has proposed to determine that attainment of the 1997 annual and the 2006 24-hour PM2.5 NAAQS in this Area is due to permanent and enforceable emission reductions on all precursors necessary to provide for continued attainment of the standards. See Section V.A.3 of this rulemaking. It follows logically that no further control of additional precursors is necessary. Accordingly, EPA does not view the January 4, 2013 decision of the D.C. Circuit Court as precluding redesignation of the Area to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS at this time.

10See, e.g., “Approval and Promulgation of Implementation Plans for California—San Joaquin Valley PM10 Nonattainment Area; Serious Area Plan for Nonattainment of the 24-Hour and Annual PM10 Standards,” (69 FR 30006, May 26, 2004) (approving a PM10 attainment plan that impose controls on direct PM10 and NOX emissions and did not impose controls on SO2, VOC, or NH3 emissions).

11See, e.g., Assoc. of Irritated Residents v. EPA et al., 423 F.3d 989 (9th Cir. 2005).

In summary, even if, prior to submitting its September 2014 redesignation request submittal or subsequent to such submission and prior to December 31, 2014, Pennsylvania was required to address precursors for the Pennsylvania portion of the Area under subpart 4 rather than under subpart 1, as interpreted in EPA's remanded 1997 PM2.5 Implementation Rule, EPA would still conclude that the Pennsylvania portion of the Area had met all applicable requirements for purposes of redesignation in accordance with section 107(d)(3(E)(ii) and (v) of the CAA.

V. EPA's Analysis of Pennsylvania's Submittal

EPA is proposing several rulemaking actions for the Pennsylvania portion of the Area: (1) To redesignate the Pennsylvania portion of the Area to attainment for both the 1997 annual and the 2006 24-hour PM2.5 NAAQS; and (2) to approve into the Pennsylvania SIP the associated maintenance plan for both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is also proposing in this rulemaking action to approve the 2007 comprehensive emissions inventory to satisfy section 172(c)(3) requirement for the 2006 24-hour PM2.5 NAAQS, which is one of the criteria for redesignation. EPA's proposed approval of the redesignation request and maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS are based upon EPA's determination that the Area continues to attain both standards, which EPA is proposing in this rulemaking action, and that all other redesignation criteria have been met for the Pennsylvania portion of the Area. The following is a description of how Pennsylvania's September 5, 2014 submittal satisfies the requirements of the CAA including specifically section 107(d)(3)(E) for the 1997 annual and 2006 24-hour PM2.5 NAAQS.

A. Redesignation Request 1. Attainment

As discussed previously in this proposed rulemaking action, in a final rulemaking action dated May 16, 2012 (77 FR 28782), EPA determined that the entire Philadelphia Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date, based upon quality-assured and certified ambient air quality monitoring data for the period of 2007-2009, and continued to attain that standard based upon quality-assured and certified ambient air quality monitoring data for the period of 2008-2010. In a separate rulemaking action dated January 7, 2013 (78 FR 882), EPA determined that the Philadelphia Area attained the 2006 24-hour PM2.5 NAAQS, based on quality-assured and certified ambient air quality monitoring data for 2008-2010 and 2009-2011. The basis and effect of these determinations of attainment for both the 1997 and 2006 PM2.5 NAAQS were discussed in the notices of the proposed (77 FR 3147 and 77 FR 60089, respectively) and final (77 FR 28782 and 78 FR 882, respectively) rulemakings.

EPA has reviewed the ambient air quality PM2.5 monitoring data in the Philadelphia Area, consistent with the requirements contained in 40 CFR part 50, and recorded in EPA's Air Quality System (AQS), including quality-assured, quality-controlled, and state-certified data for the monitoring periods 2009-2011, 2010-2012, 2011-2013, and preliminary data for 2012-2014. The air quality data, included in the docket for this proposed rulemaking action, show that the Philadelphia Area continues to attain both the 1997 annual and 2006 24-hour PM2.5 NAAQS. The Area's annual and 24-hour PM2.5 design values 12 are provided in Tables 1 and 2, respectively.

12 As defined in 40 CFR part 50, Appendix N, section (1)(c).

Table 1—Philadelphia Area's Annual Design Values for the 1997 Annual PM2.5 Standard for the 2009-2013 Monitoring Periods, in μg/m3 State County Annual design values 2009-2011 2010-2012 2011-2013 Preliminary 2012-2014 Delaware New Castle 10.7 10.4 10.0 9.9 New Jersey Camden 9.7 9.7 10.1 10.5 Burlington No monitor Gloucester 9.3 9.3 9.3 9.4 Pennsylvania Bucks 10.9 10.9 10.8 10.6 Chester 13.7 12.3 11.1 9.9 Delaware 12.9 13.1 12.4 12.3 Montgomery 10.1 9.8 9.8 9.3 Philadelphia 11.4 11.0 11.1 12.4 Area's Annual Design Value 13.7 13.1 12.4 12.4 Source: AQS Design Value Report dated December 12, 2014. Table 2— Philadelphia Area's 24-Hour Design Values for the 2006 24-Hour PM2.5 Standard for the 2009-2013 Monitoring Periods, in μg/m3 State County 24-Hour design values 2009-2011 2010-2012 2011-2013 Preliminary 2012-2014 Delaware New Castle 27 26 25 25 New Jersey Camden 24 23 25 26 Burlington No monitor Gloucester 22 22 23 24 Pennsylvania Bucks 28 29 30 30 Chester 33 31 28 26 Delaware 30 31 29 30 Montgomery 27 25 26 25 Philadelphia 34 29 28 30 Area's Annual Design Value 34 31 30 30 Source: AQS Design Value Report dated December 12, 2014.

EPA's review of the monitoring data from 2009 through 2013 supports EPA's previous determinations that the Area has attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, and that the Area continues to attain both standards. Preliminary 2014 data, currently uncertified, is consistent with a finding that the Area is expected to continue to attain both standards. States are required to certify 2014 data by May 1, 2015. In addition, as discussed subsequently, with respect to the maintenance plan, Pennsylvania has committed to continue monitoring ambient PM2.5 concentrations in accordance with 40 CFR part 58. Thus, based upon an analysis of currently available data, EPA is proposing to determine that the Philadelphia Area continues to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS.

2. The Area Has Met All Applicable Requirements Under Section 110 and Subpart 1 of the CAA and Has a Fully Approved SIP Under Section 110(k)

In accordance with section 107(d)(3)(E)(v), the SIP revision for the 1997 annual and 2006 24-hour PM2.5 NAAQS for the Pennsylvania portion of the Philadelphia Area must be fully approved under section 110(k) and all the requirements applicable to the Pennsylvania portion of the Area under section 110 of the CAA (general SIP requirements) and part D of Title I of the CAA (SIP requirements for nonattainment areas) must be met.

a. Section 110 General SIP Requirements

Section 110(a)(2) of Title I of the CAA delineates the general requirements for a SIP, which include enforceable emissions limitations and other control measures, means, or techniques, provisions for the establishment and operation of appropriate devices necessary to collect data on ambient air quality, and programs to enforce the limitations. The general SIP elements and requirements set forth in section 110(a)(2) include, but are not limited to the following:

• Submittal of a SIP that has been adopted by the state after reasonable public notice and hearing;

• Provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality;

• Implementation of a minor source permit program; provisions for the implementation of Part C requirements (PSD);

• Provisions for the implementation of Part D requirements for NSR permit programs;

• Provisions for air pollution modeling; and

• Provisions for public and local agency participation in planning and emission control rule development.

Section 110(a)(2)(D) of the CAA requires that SIPs contain certain measures to prevent sources in a state from significantly contributing to air quality problems in another state. To implement this provision for various NAAQS, EPA has required certain states to establish programs to address transport of air pollutants in accordance with EPA's Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone (63 FR 57356, October 27, 1998), also known as the NOX (oxides of nitrogen) SIP Call; amendments to the NOX SIP Call (64 FR 26298, May 14, 1999 and 65 FR 11222, March 2, 2000), and CAIR (70 FR 25162, May 12, 2005), and CSAPR. However, section 110(a)(2)(D) requirements for a state are not linked with a particular nonattainment area's designation and classification in that state. EPA believes that the requirements linked with a particular nonattainment area's designation and classifications are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area in the state. Thus, EPA does not believe that these requirements are applicable requirements for purposes of redesignation.

In addition, EPA believes that the other section 110(a)(2) elements not connected with nonattainment plan submissions and not linked with an area's attainment status are not applicable requirements for purposes of redesignation. The Pennsylvania portion of the Philadelphia Area will still be subject to these requirements after it is redesignated. EPA concludes that the section 110(a)(2) and part D requirements which are linked with a particular area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request, and that section 110(a)(2) elements not linked to the area's nonattainment status are not applicable for purposes of redesignation. This approach is consistent with EPA's existing policy on applicability of conformity (i.e., for redesignations) and oxygenated fuels requirement. See Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See also, the discussion on this issue in the Cincinnati, Ohio redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh-Beaver Valley, Pennsylvania redesignation (66 FR at 53099, October 19, 2001).

EPA has reviewed the Pennsylvania SIP and has concluded that it meets the general SIP requirements under section 110(a)(2) of the CAA to the extent they are applicable for purposes of redesignation. EPA has previously approved provisions of Pennsylvania's SIP addressing section 110(a)(2) requirements, including provisions addressing PM2.5. See 77 FR 58955 (September 25, 2012). These requirements are, however, statewide requirements that are not linked to the PM2.5 nonattainment status of the Philadelphia Area. Therefore, EPA believes that these SIP elements are not applicable requirements for purposes of review of the Commonwealth's PM2.5 redesignation request.

b. Subpart 1 Requirements

Subpart 1 sets forth the basic nonattainment plan requirements applicable to PM2.5 nonattainment areas. Under section 172, states with nonattainment areas must submit plans providing for timely attainment and must meet a variety of other requirements.

The General Preamble for Implementation of Title I discusses the evaluation of these requirements in the context of EPA's consideration of a redesignation request. The General Preamble sets forth EPA's view of applicable requirements for purposes of evaluating redesignation requests when an area is attaining the standard. See 57 FR 13498, April 16, 1992.

As mentioned previously, on May 16, 2012 (77 FR 28782), EPA made a determination that the Philadelphia Area had attained the 1997 annual PM2.5 NAAQS. This determination of attainment was based upon quality-assured and certified ambient air quality monitoring data for the period of 2007-2009 showing that the entire Area had attained the standard by its applicable attainment date, and 2008-2010 data showing that the Area continued to attain the standard. In a separate rulemaking action, dated January 7, 2013 (78 FR 882), EPA made a determination of attainment for the Philadelphia Area for the 2006 24-hour PM2.5 NAAQS, based on quality-assured and certified ambient air quality monitoring data for the 2008-2010 and 2009-2011 monitoring periods.

Pursuant to 40 CFR 51.2004(c), upon these determinations by EPA that the Area has attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, the requirement for Pennsylvania to submit for the Pennsylvania portion of the Area an attainment demonstration and associated RACM, a RFP plan, contingency measures, and other planning SIPs related to the attainment of the 1997 annual and the 2006 24-hour PM2.5 NAAQS were suspended until the Pennsylvania portion of the Area is redesignated to attainment for each standard or EPA determines that the Area has again violated either of the standards, at which time such plans are required to be submitted. Thus, because attainment has been reached for the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS and the Area continues to attain both standards, no additional measures are needed to provide for attainment. Therefore, the requirements of sections 172(c)(1), 172(c)(2), 172(c)(6), and 172(c)(9) are no longer considered to be applicable for purposes of redesignation of the Area for both standards.

However, determinations of attainment do not preclude states from submitting and EPA from approving planning SIP revisions for the 1997 or 2006 PM2.5 NAAQS. On April 12, 2010, as amended on August 2, 2012, PADEP submitted an attainment plan for the Pennsylvania portion of the Philadelphia Area for the 1997 annual PM2.5 NAAQS, which included a 2002 comprehensive emissions inventory. On August 28, 2012 (77 FR 51930), EPA approved Pennsylvania's attainment plan for the 1997 PM2.5 NAAQS for the Pennsylvania portion of the Philadelphia Area, which included the 2002 emissions inventory, MVEBs for transportation conformity purposes for the five counties in the Pennsylvania portion of the Philadelphia Area, and contingency measures.

Section 172(c)(4) of the CAA requires the identification and quantification of allowable emissions for major new and modified stationary sources in an area, and section 172(c)(5) requires source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. EPA has determined that, since PSD requirements will apply after redesignation, areas being redesignated need not comply with the requirement that a nonattainment NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, “Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.” Nevertheless, Pennsylvania currently has an approved NSR program codified in Pennsylvania's regulation at 25 Pa. Code 127.201 et seq. See 77 FR 41276 (July 13, 2012) (approving NSR program into the SIP). See also 49 FR 33127 (August 21, 1984) (approving Pennsylvania's PSD program). However, Pennsylvania's PSD program for PM2.5 will become effective in the Philadelphia Area upon redesignation to attainment.

Section 172(c)(7) of the CAA requires the SIP to meet the applicable provisions of section 110(a)(2). As noted previously, EPA believes the Pennsylvania SIP meets the requirements of section 110(a)(2) that are applicable for purposes of redesignation.

As a result of EPA's determinations of attainment of the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively, the only remaining requirement under section 172 to be considered for the 2006 24-hour PM2.5 standard is the comprehensive emissions inventory required under section 172(c)(3). Section 172(c)(3) of the CAA requires submission of a comprehensive, accurate, and current inventory of actual emissions. For purposes of the PM2.5 NAAQS, this emissions inventory should address not only direct emissions of PM2.5, but also emissions of all precursors with the potential to participate in PM2.5 formation, i.e., SO2, NOX, VOC and NH3.

PADEP's April 12, 2010 attainment plan submittal, as amended on August 2, 2012, for the 1997 annual PM2.5 NAAQS is relevant to this proposed rulemaking action to redesignate the Pennsylvania portion of the Area only with respect to the comprehensive emissions inventory requirement of section 172(c)(3) for the 1997 annual PM2.5 NAAQS. On August 28, 2012 (77 FR 51930), EPA approved the 2002 comprehensive emissions inventory included in the attainment plan for the 1997 annual PM2.5 NAAQS, to meet the requirement of section 172(c)(3) for this standard. The 2002 comprehensive emissions inventory for the 1997 annual PM2.5 NAAQS includes emissions estimates that cover the general source categories of point sources, area sources, on-road mobile sources, and non-road mobile sources. The pollutants that comprise the 2002 emissions inventory are PM2.5, NOX, SO2, VOC, and NH3. An evaluation of Pennsylvania's 2002 comprehensive emissions inventory for the Philadelphia portion of the Area is provided in the Technical Support Document (TSD) prepared by EPA for the August 28, 2012 rulemaking action. See Docket ID No. EPA-R03-OAR-2010-0391.

To satisfy the 172(c)(3) requirement for the 2006 24-hour PM2.5 NAAQS, Pennsylvania's September 5, 2014 redesignation request and maintenance plan for the 2006 24-hour PM2.5 NAAQS contains a 2007 comprehensive emissions inventory. PADEP has submitted the 2007 emissions inventory to fulfill its obligation to submit a comprehensive inventory under CAA section 172(c)(3), because that inventory has gone through extensive quality assurance. The 2007 emissions inventory was the most current, accurate and comprehensive emissions inventory of direct PM2.5, NOX, SO2, VOC, and NH3 for the Area. Thus, as part of this rulemaking action, EPA is proposing to approve Pennsylvania's 2007 comprehensive emissions inventory for the 2006 24-hour PM2.5 NAAQS as satisfying the requirement of section 172(c)(3) of the CAA for this standard. Final approval of the 2007 base year emissions inventory will satisfy the emissions inventory requirement under section 172(c)(3) of the CAA for the 2006 24-hour PM2.5 NAAQS. The 2007 comprehensive emissions inventory addresses the general source categories of point sources, area sources, on-road mobile sources, and non-road mobile sources. A summary of the 2007 comprehensive emissions inventory is shown in Table 3. For more information on EPA's analysis of the 2007 emissions inventory, see the TSD prepared by the EPA Region III Office of Air Monitoring and Analysis dated December 23, 2014, “Technical Support Document (TSD) for the Redesignation Request and Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE 1997 PM2.5 Nonattainment Area” and “Technical Support Document (TSD) for the Redesignation Request and Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE 2006 PM2.5 Nonattainment Area” (“Inventory TSDs”), available in the docket for this rulemaking action at www.regulations.gov. See Docket ID No. EPA-R03-OAR-2014-0868.

Table 3—2007 Emissions for the Pennsylvania Portion of the Philadelphia Area, in Tons per Year [tpy] Sector PM2.5 NOX SO2 VOC NH3 Point 2,444 20,744 19,633 6,281 743 Area 7,722 12,925 15,005 47,568 3,293 Onroad 2,386 69,327 508 29,293 1,270 Nonroad 1,562 20,393 3,375 18,751 23 Total 14,114 123,390 38,520 101,894 5,329

Section 175A requires a state seeking redesignation to attainment to submit a SIP revision to provide for the maintenance of the NAAQS in the area “for at least 10 years after the redesignation.” In conjunction with its request to redesignate the Pennsylvania portion of the Area to attainment status, Pennsylvania submitted a SIP revision on September 5, 2014 to provide for maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Pennsylvania portion of the Area for at least 10 years after redesignation, throughout 2025. Pennsylvania is requesting that EPA approve this SIP revision as meeting the requirement of CAA section 175A for both NAAQS. Once approved, the maintenance plan for the Pennsylvania portion of the Area will ensure that the SIP for Pennsylvania meets the requirements of the CAA regarding maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS for the Pennsylvania portion of the Area. EPA's analysis of the maintenance plan is provided in Section V.B. of this proposed rulemaking action.

Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that Federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded or approved under Title 23 of the United States Code (U.S.C.) and the Federal Transit Act (transportation conformity) as well as to all other Federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, enforcement and enforceability which EPA promulgated pursuant to its authority under the CAA. EPA interprets the conformity SIP requirements as not applying for purposes of evaluating a redesignation request under CAA section 107(d) because state conformity rules are still required after redesignation, and Federal conformity rules apply where state rules have not been approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001) (upholding this interpretation) and (60 FR 62748, December 7, 1995) (discussing Tampa, Florida).

Thus, for purposes of redesignating to attainment the Pennsylvania portion of the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS, EPA determines that Pennsylvania has met all the applicable SIP requirements under part D of Title I of the CAA. EPA also determines that upon final approval of the 2007 comprehensive emissions inventory as proposed in this rulemaking action, Pennsylvania will also meet all the applicable SIP requirements under part D of Title I of the CAA for purposes of redesignating the Area to attainment for the 2006 24-hour PM2.5 NAAQS.

c. The Pennsylvania Portion of the Area Has a Fully Approved Applicable SIP Under Section 110(k) of the CAA

For purposes of redesignation to attainment for the 1997 annual PM2.5 NAAQS, EPA has fully approved all applicable requirements of Pennsylvania's SIP for the Pennsylvania portion for the Area in accordance with section 110(k) of the CAA. Upon final approval of the 2007 comprehensive emissions inventory as proposed in this rulemaking action, EPA will have fully approved all applicable requirements of Pennsylvania's SIP for the Pennsylvania portion of the Area for purposes of redesignation to attainment for the 2006 24-hour PM2.5 NAAQS in accordance with section 110(k) of the CAA.

3. Permanent and Enforceable Reductions in Emissions

For redesignating a nonattainment area to attainment, section 107(d)(3)(E)(iii) requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and applicable Federal air pollution control regulations and other permanent and enforceable reductions. Pennsylvania has calculated the change in emissions between 2002, a year showing nonattainment for the 1997 annual PM2.5 NAAQS in the Pennsylvania portion of the Philadelphia Area, and 2007, one of the years for which the Philadelphia Area monitored attainment for the 1997 annual PM2.5 NAAQS. For the 2006 24-hour daily standard, 2008 was a year in which the Area attained the standard. Appendix F-1 of Pennsylvania's September 5, 2014 submittal provides a comparison between the 2007 and the 2008 inventories, and the projected reductions between 2025 and 2007 and between 2025 and 2008. The analysis shows that the 2007 emission inventory is comparable to the 2008 emission inventory for the Philadelphia portion of the Area. Pennsylvania has shown that the 2007 emission inventory is an appropriate and representative emission inventory to use as a surrogate for the 2008 inventory.

A summary of the emissions reductions of PM2.5, NOX, SO2, VOC, and NH3 from 2002 to 2007 in the Pennsylvania portion of the Philadelphia Area, submitted by PADEP, is provided in Table 4. For more information on EPA's analysis of the 2007 emissions inventories, see EPA's Inventory TSDs, dated December 23, 2014, available in the docket for this rulemaking action at www.regulations.gov.

Table 4—Emission Reductions From 2002 to 2007 in the Pennsylvania Portion of the Philadelphia Area [tpy] Sector 2002 2007 Net
  • reduction
  • 2002-2007
  • Percent
  • reduction
  • 2002-2007
  • PM2.5 Point 2,139 2,444 −305 −14.3 Area 10,020 7,722 2,298 22.7 On-road 2,905 2,386 518 17.8 Non-road 1,535 1,562 −27 −1.8 Total 16,598 14,114 2,484 15.0 NOX Point 22,124 20,744 1,380 6.2 Area 13,029 12,925 105 0.8 On-road 90,879 69,327 21,552 23.7 Non-road 21,619 20,393 1,226 5.7 Total 147,651 123,390 24,262 16.3 SO2 Point 23,745 19,633 4,112 17.3 Area 13,153 15,005 −1,852 −14.1 On-road 1,848 508 1,340 72.6 Non-road 1,640 3,375 −1,735 −1.1 Total 40,387 38,520 1,866 4.6 VOC Point 8,183 6,281 1,903 23.3 Area 59,227 47,568 11,659 19.7 On-road 32,150 29,293 2,856 8.9 Non-road 21,589 18,751 2,838 13.1 Total 121,149 101,894 19,256 15.9 NH3 Point 256 743 −487 −190 Area 4,821 3,293 1,529 31.7 On-road 1,451 1,270 181 12.5 Non-road 14 23 −9 −64.3 Total 6,542 5,329 1,213 18.5

    The reduction in emissions and the corresponding improvement in air quality from 2002 to 2007 for the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively, in the Pennsylvania portion of the Philadelphia Area can be attributed to a number of regulatory control measures that have been implemented in the Area and contributing areas in recent years.

    a. Federal Measures Implemented

    Reductions in PM2.5 precursor emissions have occurred statewide and in upwind states as a result of Federal emission control measures, with additional emission reductions expected to occur in the future.

    Control of NOX and SO2

    PM2.5 concentrations in the Philadelphia Area are impacted by the transport of sulfates and nitrates, and the Area's air quality is strongly affected by regulation of SO2 and NOX emissions from power plants.

    NO X SIP Call—On October 27, 1998 (63 FR 57356), EPA issued the NOX SIP Call requiring the District of Columbia and 22 states to reduce emissions of NOX, a precursor to ozone pollution.13 Affected states were required to comply with Phase I of the SIP Call beginning in 2004 and Phase II beginning in 2007. Emission reductions resulting from regulations developed in response to the NOX SIP Call are permanent and enforceable. By imposing an emissions cap regionally, the NOX SIP Call reduced NOX emissions from large EGUs and large non-EGUs such as industrial boilers, internal combustion engines, and cement kilns. In response to the NOX SIP Call, Pennsylvania adopted its NOX Budget Trading Program regulations for EGUs and large industrial boilers, with emission reductions starting in May 2003. Pennsylvania's NOX Budget Trading Program regulation was approved into the Pennsylvania SIP on August 21, 2001 (66 FR 43795). To meet other requirements of the NOX SIP Call, Pennsylvania adopted NOX control regulations for cement plants and internal combustion engines, with emission reductions starting in May 2005. These regulations were approved into the Pennsylvania SIP on September 29, 2006 (71 FR 57428).

    13 Although the NOX SIP Call was issued in order to address ozone pollution, reductions of NOX as a result of that program have also impacted PM2.5 pollution, for which NOX is also a precursor emission.

    CAIR—As previously noted, CAIR (70 FR 25162, May 12, 2005) created regional cap-and-trade programs to reduce SO2 and NOX emissions in 27 eastern states, including Pennsylvania. EPA approved the Commonwealth's CAIR regulation, codified in 25 Pa. Code Chapter 145, Subchapter D, into the Pennsylvania SIP on December 10, 2009 (74 FR 65446). In 2009, the CAIR ozone season NOX trading program superseded the NOX Budget Trading Program, although the emission reduction obligations of the NOX SIP Call were not rescinded. See 40 CFR 51.121(r) and 51.123(aa). EPA promulgated CSAPR to replace CAIR as an emission trading program for EGUs. As discussed previously, pursuant to the D.C. Circuit Court's October 23, 2014 Order, the stay of CSAPR has been lifted and implementation of CSAPR commenced in January 2015. EPA expects that the implementation of CSAPR will preserve the reductions achieved by CAIR and result in additional SO2 and NOX emission reductions throughout the maintenance period.

    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards

    These emission control requirements result in lower NOX emissions from new cars and light duty trucks, including sport utility vehicles. The Federal rules were phased in between 2004 and 2009. EPA estimated that, after phasing in the new requirements, the following vehicle NOX emission reductions will have occurred nationwide: Passenger cars (light duty vehicles) (77 percent); light duty trucks, minivans, and sports utility vehicles (86 percent); and larger sports utility vehicles, vans, and heavier trucks (69 to 95 percent). Some of the emissions reductions resulting from new vehicle standards occurred during the 2008-2010 attainment period; however, additional reductions will continue to occur throughout the maintenance period as new vehicles replace older vehicles. EPA expects fleet wide average emissions to decline by similar percentages as new vehicles replace older vehicles.

    Heavy-Duty Diesel Engine Rule

    EPA issued the Heavy-Duty Diesel Engine Rule in July 2000. This rule included standards limiting the sulfur content of diesel fuel, which went into effect in 2004. A second phase took effect in 2007 which reduced PM2.5 emissions from heavy-duty highway engines and further reduced the highway diesel fuel sulfur content to 15 parts per million (ppm). Standards for gasoline engines were phased in starting in 2008. The total program is estimated to achieve a 90 percent reduction in direct PM2.5 emissions and a 95 percent reduction in NOX emissions for new engines using low sulfur diesel fuel.

    Nonroad Diesel Rule

    On June 29, 2004 (69 FR 38958), EPA promulgated the Nonroad Diesel Rule for large nonroad diesel engines, such as those used in construction, agriculture, and mining, to be phased in between 2008 and 2014. The rule phased in requirements for reducing the sulfur content of diesel used in nonroad diesel engines. The reduction in sulfur content prevents damage to the more advanced emission control systems needed to meet the engine standards. It will also reduce fine particulate emissions from diesel engines. The combined engine standards and the sulfur in fuel reductions will reduce NOX and PM emissions from large nonroad engines by over 90 percent, compared to current nonroad engines using higher sulfur content diesel.

    Nonroad Large Spark-Ignition Engine and Recreational Engine Standards

    In November 2002, EPA promulgated emission standards for groups of previously unregulated nonroad engines. These engines include large spark-ignition engines such as those used in forklifts and airport ground-service equipment; recreational vehicles using spark-ignition engines such as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and recreational marine diesel engines. Emission standards from large spark-ignition engines were implemented in two tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational vehicle emission standards are being phased in from 2006 through 2012. Marine Diesel engine standards were phased in from 2006 through 2009. With full implementation of all of the nonroad spark-ignition engine and recreational engine standards, an overall 80 percent reduction in NOX are expected by 2020. Some of these emission reductions occurred by the 2002-2007 attainment period and additional emission reductions will occur during the maintenance period as the fleet turns over.

    Federal Standards for Hazardous Air Pollutants

    As required by the CAA, EPA developed Maximum Available Control Technology (MACT) Standards to regulate emissions of hazardous air pollutants from a published list of industrial sources referred to as “source categories.” The MACT standards have been adopted and incorporated by reference in Section 6.6 of Pennsylvania's Air Pollution Control Act and implementing regulations in 25 Pa. Code § 127.35 and are also included in Federally enforceable permits issued by PADEP for affected sources. The Industrial/Commercial/Institutional (ICI) Boiler MACT standards (69 FR 55217, September 13, 2004, and 76 FR 15554, February 21, 2011) are estimated to reduce emissions of PM, SO2, and VOCs from major source boilers and process heaters nationwide. Also, the Reciprocating Internal Combustion Engines (RICE) MACT will reduce NOX and PM emissions from engines located at facilities such as pipeline compressor stations, chemical and manufacturing plants, and power plants.

    b. State Measures Heavy-Duty Diesel Emissions Control Program

    In 2002, Pennsylvania adopted the Heavy-Duty Diesel Emissions Control Program for model years starting in May 2004. The program incorporates California standards by reference and required model year 2005 and beyond heavy-duty diesel highway engines to be certified to the California standards, which were more stringent than the Federal standards for model years 2005 and 2006. After model year 2006, Pennsylvania required implementation of the Federal standards that applied to model years 2007 and beyond, discussed in the Federal measures section of this proposed rulemaking action. This program reduced emissions of NOX statewide.

    Vehicle Emission Inspection/Maintenance (I/M) Program

    The Pennsylvania portion of the Area has had a vehicle emissions inspection program since 1984, and in 2004, Pennsylvania revised the implementation of its Vehicle Emission I/M program in the five-counties that comprise the Pennsylvania portion of the Area, and applies to model year 1975 and newer gasoline-powered vehicles that are 9,000 pounds and under. The program, approved into the Pennsylvania SIP on October 6, 2005 (70 FR 58313), consists of annual on-board diagnostics and gas cap test for model year 1996 vehicles and newer, and an annual visual inspection of pollution control devices and gas cap test for model year 1995 vehicles and older. This program reduces emissions of NOX from affected vehicles.

    Consumer Products Regulation

    Pennsylvania regulation “Chapter 130, Subchapter B. Consumer Products” established, effective January 1, 2005, VOC emission limits for numerous categories of consumer product, and applies statewide to any person who sells, supplies, offers for sale, or manufactures such consumer products on or after January 1, 2005 for use in Pennsylvania. It was approved into the Pennsylvania SIP on December 8, 2004 (69 FR 70895).

    Based on the information summarized above, Pennsylvania has adequately demonstrated that the improvement in air quality in the Pennsylvania portion of the Philadelphia Area are due to permanent and enforceable emissions reductions. The reductions result from Federal and State requirements and regulation of precursors within Pennsylvania that affect the Pennsylvania portion of the Philadelphia Area.

    B. Maintenance Plan

    On September 5, 2014, PADEP submitted a combined maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS, as required by section 175A of the CAA. EPA's analysis for proposing approval of the maintenance plan is provided in this section.

    1. Attainment Emissions Inventories

    An attainment inventory is comprised of the emissions during the time period associated with the monitoring data showing attainment. PADEP determined that the appropriate attainment inventory year for the maintenance plan for the 1997 annual PM2.5 NAAQS is 2007, one of the years in the periods during which the Philadelphia Area monitored attainment of the 1997 annual PM2.5 NAAQS. As discussed previously in this proposed rulemaking, for the 2006 24-hour PM2.5 NAAQS, 2008 was a year in which the Area attained the standard. Appendix F-1 of Pennsylvania's September 5, 2014 submittal provides a comparison between the 2007 and the 2008 inventories, and the projected reductions between 2025 and 2007 and between 2025 and 2008. The analysis shows that the 2007 emission inventory is comparable to the 2008 emission inventory for the Philadelphia portion of the Area. Pennsylvania has shown that the 2007 emission inventory is an appropriate and representative emission inventory to use as a surrogate for the 2008 inventory.

    In its redesignation request and maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS, PADEP described the methods used for developing its 2007 inventory. The 2007 inventory included the primary PM2.5 emissions (including condensables), SO2, NOX, VOC, and NH3. EPA reviewed the procedures used to develop the projected inventory and found them to be reasonable. EPA has reviewed the documentation provided by PADEP and found the 2007 emissions inventory to be approvable. For more information on EPA's analysis of the 2007 emissions inventory, see EPA's Inventory TSDs, dated December 23, 2014, available in the docket for this rulemaking action at www.regulations.gov.

    2. Maintenance Demonstration

    Section 175A requires a state seeking redesignation to attainment to submit a SIP revision to provide for the maintenance of the NAAQS in the area “for at least 10 years after the redesignation.” EPA has interpreted this as a showing of maintenance “for a period of ten years following redesignation.” The Federal and State measures described in Section V.A.3 of this proposed rulemaking action demonstrate that the reductions in emissions from point, area, and mobile sources in the Area has occurred and will continue to occur through 2025. In addition, the following State and Federal regulations and programs ensure the continuing decline of SO2, NOX, PM2.5, and VOC emissions in the Area during the maintenance period and beyond:

    Non-EGUs Previously Covered Under the NOX SIP Call

    Pennsylvania established NOX emission limits for the large industrial boilers that were previously subject to the NOX SIP Call, but were not subject to CAIR. For these units, Pennsylvania established an allowable ozone season NOX limit based on the unit's previous ozone season's heat input. A combined NOX ozone season emissions cap of 3,418 tons applies for all of these units.

    CSAPR (August 8, 2011, 76 FR 48208)

    EPA promulgated CSAPR to replace CAIR as an emission trading program for EGUs. As discussed previously implementation of CSAPR commenced in January 2015. EPA expects that the implementation of CSAPR will preserve the reductions achieved by CAIR and result in additional SO2 and NOX emission reductions throughout the maintenance period.

    Regulation of Cement Kilns

    On July 19, 2011 (76 FR 52558), EPA approved amendments to 25 Pa. Code Chapter 145 Subchapter C to further reduce NOX emissions from cement kilns. The amendments established NOX emission rate limits for long wet kilns, long dry kilns, and preheater and precalciner kilns that are lower by 35 percent to 63 percent from the previous limit of 6 pounds of NOX per ton of clinker that applied to all kilns. The amendments were effective on April 15, 2011.

    Stationary Source Regulations

    Pennsylvania regulation 25 Pa. Code Chapter 130, Subchapter D for Adhesives, Sealers, Primers, and Solvents was approved into the Pennsylvania SIP on September 26, 2012 (77 FR 59090). The regulation established VOC content limits for various categories of adhesives, sealants, primers, and solvent, and became applicable on January 1, 2012.

    Amendments to Pennsylvania regulation 25 Pa. Code Chapter 130, Subchapter B for Consumer Products, established, effective January 1, 2009, new or more stringent VOC standards for consumer products. The amendments were approved into the Pennsylvania SIP on October 18, 2010 (75 FR 63717).

    Pennsylvania's Clean Vehicle Program

    The Pennsylvania Clean Vehicles Program (formerly, New Motor Vehicle Control Program) incorporates by reference the California Low Emission Vehicle program (CA LEVII), although it allowed automakers to comply with the NLEV program as an alternative to this program until Model Year (MY) 2006. The Clean Vehicles Program, codified in 25 Pa. Code Chapter 126, Subchapter D, was modified to require CA LEVII to apply to MY 2008 and beyond, and was approved into the Pennsylvania SIP on January 24, 2012 (77 FR 3386). The Clean Vehicles Program incorporates by reference the emission control standards of CA LEVII, which, among other requirements, reduces emissions of NOX by requiring that passenger car emission standards and fleet average emission standards also apply to light duty vehicles. Model year 2008 and newer passenger cars and light duty trucks are required to be certified for emissions by the California Air Resource Board (CARB), in order to be sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received, titled or registered in Pennsylvania. In addition, manufacturers are required to demonstrate that the California fleet average standard is met based on the number of new light-duty vehicles delivered for sale in the Commonwealth. The Commonwealth's submittal for the January 24, 2012 rulemaking projected that, by 2025, the program will achieve approximately 334 tons more NOX reductions than Tier II for the counties in the Pennsylvania portion of the Philadelphia Area.

    Two Pennsylvania regulations—the Diesel-Powered Motor Vehicle Idling Act (August 1, 2011, 76 FR 45705) and the Outdoor Wood-Fired Boiler regulation (September 20, 2011, 76 FR 58114)—were not included in the projection inventories, but may also assist in maintaining the standard. Also, the Tier 3 Motor Vehicle Emission and Fuel Standards (79 FR 23414, April 29, 2014) establishes more stringent vehicle emissions standards and will reduce the sulfur content of gasoline beginning in 2017. The fuel standard will achieve NOX reductions by further increasing the effectiveness of vehicle emission controls for both existing and new vehicles.

    The State and Federal regulations and programs described above ensure the continuing decline of SO2, NOX, PM2.5, and VOC emissions in the Area during the maintenance period and beyond. A summary of the projected reductions from these measures from 2007 to 2025 is shown in Table 5. Table 5 incorporates the expected emissions from future construction at the Philadelphia International Airport (PHL-CEP), as well as potential emissions increases from Emission Reduction Credits (ERCs), which are also included in Tables 6a—6e.

    Table 5—Emission Reductions From 2007 to 2025 Due to Control Measures NOX PM2.5 SO2 VOC NH3 Point 2,279 −90 3,936 −690 −46 Area 250 674 5,818 3,039 −143 On-Road 43,966 1,070 249 18,071 363 Non-Road 8,493 624 2,817 6,666 −6 Totals 54,988 2,278 12,820 27,085 167

    Where the emissions inventory method of showing maintenance is used, its purpose is to show that emissions during the maintenance period will not increase over the attainment year inventory. See 1992 Calcagni Memorandum, pages 9-10. For a demonstration of maintenance, emissions inventories are required to be projected to future dates to assess the influence of future growth and controls; however, the demonstration need not be based on modeling. See Wall v. EPA, supra; Sierra Club v. EPA, supra. See also 66 FR 53099-53100 and 68 FR 25430-32. PADEP uses projection inventories to show that the Pennsylvania portion of the Area will remain in attainment and developed projection inventories for an interim year of 2017 and a maintenance plan end year of 2025 to show that future emissions of NOX, SO2, PM2.5, VOC, and NH3 will remain at or below the attainment year 2007 and 2008 attainment-level emissions levels, for the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively, throughout the Pennsylvania portion of the Area through the year 2025.

    EPA has reviewed the documentation provided by PADEP for developing annual 2017 and 2025 emissions inventories for the Pennsylvania portion of the Area. EPA has determined that the 2017 and 2025 projected emissions inventories provided by PADEP are approvable. For more information on EPA's analysis of the emissions inventories, see EPA's Inventory TSDs, dated December 23, 2014, available in the docket for this rulemaking action at www.regulations.gov.

    Tables 6a through 6e provide a summary of the PM2.5, NOX, SO2, VOC, and NH3 emissions inventories for the Pennsylvania portion of the Philadelphia Area for the 2007 attainment year, the 2017 interim year, and the 2025 maintenance plan end year for the 1997 annual PM2.5 NAAQS. The future year inventories include expected emissions from future construction at the PHL-CEP, as well as potential emissions increases from ERCs.

    Table 6a—Comparison of 2007, 2017, and 2025 Emissions of PM2.5 for the Pennsylvania Portion of the Philadelphia Area [tpy] PM2.5 Sector 2007 2017 2025 2007-2017 Reduction Percent
  • reduction
  • 2007-2025 Reduction Percent
  • reduction
  • Point 2,444 1,788 1,808 656 26.8 636 26.0 Area 7,722 7,383 7,047 339 4.4 675 8.7 On-Road 2,386 1,679 1,316 707 29.6 1,070 44.8 Non-Road 1,562 1,019 837 543 34.8 725 46.4 PHL-CEP 83 102 −83 −102 ERC 726 726 −726 −726 Total 14,114 12,678 11,837 1,436 10.2 2,277 16.1
    Table 6b—Comparison of 2007, 2017, and 2025 Emissions of NOX for the Pennsylvania Portion of the Philadelphia Area [tpy] NOX Sector 2007 2017 2025 2007-2017 Reduction Percent
  • reduction
  • 2007-2025 Reduction Percent
  • reduction
  • Point 20,744 11,366 11,316 9,378 45.2 9,428 45.4 Area 12,925 12,461 12,675 464 3.4 250 1.9 On-Road 68,327 37,922 25,361 31,405 45.3 43,966 63.4 Non-Road 20,393 10,332 7,990 10,061 49.3 12,403 60.2 PHL-CEP 3,337 3,910 −3,337 −3,910 ERC 7,150 7,150 −7,150 −7,150 Total 123,390 82,567 68,402 40,823 33.1 54,988 44.6
    Table 6c—Comparison of 2007, 2017, and 2025 Emissions of SO2 for the Pennsylvania Portion of the Philadelphia Area [tpy] SO2 Sector 2007 2017 2025 2007-2017 Reduction Percent
  • reduction
  • 2007-2025 Reduction Percent
  • reduction
  • Point 19,633 5,870 5,858 13,763 70.1 13,775 70.2 Area 15,005 12,844 9,186 2,161 14.4 5,819 38.8 On-Road 508 248 259 260 51.2 249 49.0 Non-Road 3,375 305 123 3,070 91.0 3,252 96.4 PHL-CEP 355 435 −355 −435 ERC 9,839 9,839 −9,839 −9,839 Total 38,520 29,460 25,701 9,060 23.5 12,819 33.3
    Table 6d—Comparison of 2007, 2017, and 2025 Emissions of VOC for the Pennsylvania Portion of the Philadelphia Area [tpy] VOC/E> Sector 2007 2017 2025 2007-2017 Reduction Percent
  • reduction
  • 2007-2025 Reduction Percent
  • reduction
  • Point 6,281 6,438 6,508 −157 −2.5 −227 −3.6 Area 47,568 45,239 44,530 2,329 4.9 3,038 6.4 On-Road 29,293 16,349 11,222 12, 944 44.2 18,041 6.2 Non-Road 18,751 11,224 11,058 7,527 40.1 7,693 41.0 PHL-CEP 828 1,027 −828 −1,027 ERC 463 463 −463 −463 Total 101,894 80,540 74,808 21,354 20.9 27,086 26.6
    Table 6e—Comparison of 2007, 2017, and 2025 Emissions of NH3 for the Pennsylvania Portion of the Philadelphia Area [tpy] NH3 Sector 2007 2017 2025 2007-2017 Reduction Percent
  • reduction
  • 2007-2025 Reduction Percent
  • reduction
  • Point 743 814 789 −71 −9.5 −46 −6.2 Area 3,293 3,375 3,436 −82 −2.5 −143 −4.3 On-Road 1,270 903 908 387 30.5 362 28.5 Non-Road 23 26 29 −3 −13.0 −6 −26.1 PHL-CEP 0 0 0 0 ERC 0 0 0 0 Total 5,329 5,117 5,162 212 4.0 167 3.1

    Table 7a provides a summary of PM2.5, NOX, and SO2 emissions for the entire Philadelphia Area for the 2007 attainment year, the 2017 interim year, and the 2025 maintenance plan end year for the 1997 annual and 2006 24-hour PM2.5 NAAQS. The inventories show that, between 2007 and 2025, the Area is projected to reduce PM2.5 emissions by 16.2 percent, NOX emissions by 41.2 percent, and SO2 emissions by 46.8 percent.

    Table 7a—Comparison of 2007, 2017, and 2025 PM2.5, NOX, and SO2 Emissions for the Entire Philadelphia Area [tpy] PM2.5 2007 2017 2025 NOX 2007 2017 2025 SO2 2007 2017 2025 Pennsylvania portion 14,114 12,678 11,837 38,520 29,460 25,701 123,390 82,567 68,402 Delaware portion 3,193 2,844 2,893 15,228 6,995 6,958 23,084 14,475 13,797 New Jersey portion 5,159 4,549 4,102 4,965 1,579 1,880 41,718 26,057 17,780 Total 22,466 20,071 18,832 58,713 38,034 34,539 188,192 123,099 100,069

    The redesignation requests for Delaware and New Jersey did not include VOC and NH3 emission inventories. Therefore, in order to take VOC and NH3 emissions for the Delaware and New Jersey portions of the Area into consideration, Pennsylvania used information from EPA's Regulatory Impact Analysis (RIA) for the 2012 PM2.5 NAAQS. Table 7b provides a comparison of the 2007 and 2020 VOC and NH3 emissions for the entire Philadelphia Area. The RIA only projected to 2020; however, Pennsylvania believes, and EPA agrees, that the downward trend for these precursors and attainment would continue into 2025, given that the area is attaining both the 1997 annual and 2006 24-hour PM2.5 NAAQS with the current level of emissions in the Area, and that additional reductions will be achieved from the Federal and State measures that will be implemented during the maintenance period. The projected emissions inventories show that the Philadelphia Area will continue to maintain the 1997 annual PM2.5 standards during the maintenance period.

    Table 7b—Comparison of 2007 and 2020 VOC and NH3 Emissions for the Entire Philadelphia Area [tpy] VOC 2007 2020 NH3 2007 2020 Pennsylvania portion 95,255 75,861 5,229 4,903 Delaware portion 14,326 9,242 984 850 New Jersey portion 36,108 27,510 1,677 1,526 Total 145,689 112,613 7,890 7,279 3. Monitoring Network

    Pennsylvania currently operates PM2.5 monitors in each of the five counties that comprise the Pennsylvania portion of the Philadelphia Area. Pennsylvania's maintenance plan includes a commitment by PADEP and the Philadelphia County Health Department to continue to operate its EPA-approved monitoring network, as necessary to demonstrate ongoing compliance with the NAAQS. In its September 5, 2014 submittal, Pennsylvania stated that it will consult with EPA prior to making any necessary changes to the network and will continue to operate the monitoring network in accordance with the requirements of 40 CFR part 58.

    4. Verification of Continued Attainment

    To provide for tracking of the emission levels in the Area, PADEP will: (a) Evaluate annually the vehicle miles travelled (VMT) data and the annual emissions reported from stationary sources to compare them with the assumptions used in the maintenance plan; and (b) evaluate the periodic emissions inventory for all PM2.5 precursors prepared every three years in accordance with EPA's Air Emissions Reporting Requirements (AERR) to determine whether there is an exceedance of more than ten percent over the 2007 inventories. Also, as noted in the previous subsection, PADEP has stated that it will continue to operate its monitoring system in accordance with 40 CFR 58 and remains obligated to quality-assure monitoring data and enter all data into the AQS in accordance with federal requirements. PADEP has stated that it will use this data in considering whether additional control measures are needed to assure continuing attainment in the Area.

    5. Contingency Measures

    The contingency plan provisions are designed to promptly correct a violation of the 1997 annual and/or the 2006 24-hour PM2.5 NAAQS that occurs in the Pennsylvania portion of the Area after redesignation. Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to ensure that a state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the events that would “trigger” the adoption and implementation of a contingency measure(s), the contingency measure(s) that would be adopted and implemented, and the schedule indicating the time frame by which the state would adopt and implement the measure(s).

    Pennsylvania's maintenance plan describes the procedures for the adoption and implementation of contingency measures to reduce emissions should a violation occur. Pennsylvania's contingency measures include a first level response and a second level response. A first level response is triggered if the annual mean PM2.5 concentration exceeds 15.5 μg/m3 in a single calendar year within the Area, if the 98th percentile 24-hour PM2.5 concentration exceeds 35.0 μg/m3 in a single calendar year within the Area, or if the periodic emissions inventory for the Area exceed the attainment year inventory (2007) by more than ten percent. The first level response will consist of a study to determine if the emissions trends show increasing concentrations of PM2.5, and whether this trend is likely to continue. If it is determined through the study that action is necessary to reverse a trend of emissions increases, Pennsylvania will, as expeditiously as possible, implement necessary and appropriate control measures to reverse the trend.

    A second level response will be prompted if the two-year average of the annual mean concentration exceeds 15.0 μg/m3 or if the two-year average of 98th percentile 24-hour PM2.5 concentration exceeds 35.0 μg/m3 within the Area. This would trigger an evaluation of the conditions causing the exceedance, whether additional emission control measures should be implemented to prevent a violation of the standard, and analysis of potential measures that could be implemented to prevent a violation. Pennsylvania would then begin its adoption process to implement the measures as expeditiously as practicable. If a violation of the PM2.5 NAAQS occurs, PADEP will propose and adopt necessary additional control measures in accordance with the implementation schedule in the maintenance plan.

    Pennsylvania's candidate contingency measures include the following: (1) A regulation based on the Ozone Transport Commission (OTC) Model Rule to update requirements for consumer products; (2) a regulation based on the Control Techniques Guidelines (CTG) for industrial cleaning solvents; (3) voluntary diesel projects such as diesel retrofit for public or private local onroad or offroad fleets, idling reduction technology for Class 2 yard locomotives, and idling reduction technologies or strategies for truck stops, warehouses, and other freight-handling facilities; (4) promotion of accelerated turnover of lawn and garden equipment, focusing on commercial equipment; and (5) promotion of alternative fuels for fleets, home heating and agricultural use. Pennsylvania's rulemaking process and schedule for adoption and implementation of any necessary contingency measure is shown in the SIP submittals as being 18 months from PADEP's approval to initiate rulemaking. For all of the reasons discussed in this section, EPA is proposing to approve Pennsylvania's 1997 annual and 2006 24-hour PM2.5 maintenance plan for the Pennsylvania portion of the Philadelphia Area as meeting the requirements of section 175A of the CAA.

    C. Motor Vehicle Emissions Budgets

    Section 176(c) of the CAA requires Federal actions in nonattainment and maintenance areas to “conform to” the goals of SIPs. This means that such actions will not cause or contribute to violations of a NAAQS, worsen the severity of an existing violation, or delay timely attainment of any NAAQS or any interim milestone. Actions involving Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) funding or approval are subject to the transportation conformity rule (40 CFR part 93, subpart A). Under this rule, metropolitan planning organizations (MPOs) in nonattainment and maintenance areas coordinate with state air quality and transportation agencies, EPA, and the FHWA and FTA to demonstrate that their long range transportation plans and transportation improvement programs (TIP) conform to applicable SIPs. This is typically determined by showing that estimated emissions from existing and planned highway and transit systems are less than or equal to the MVEBs contained in the SIP. On September 5, 2014, Pennsylvania submitted SIP revisions that contain the 2017 and 2025 PM2.5 and NOX onroad mobile source budgets for Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties. Pennsylvania did not provide emission budgets for SO2, VOC, and NH3 because it concluded, consistent with the presumptions regarding these precursors in the Transportation Conformity Rule at 40 CFR 93.102(b)(2)(v), which predated and were not disturbed by the litigation on the 1997 PM2.5 Implementation Rule, that emissions of these precursors from motor vehicles are not significant contributors to the Area's PM2.5 air quality problem. EPA issued conformity regulations to implement the 1997 annual PM2.5 NAAQS in July 2004 and May 2005 (69 FR 40004, July 1, 2004 and 70 FR 24280, May 6, 2005). That decision does not affect EPA's proposed approval of the MVEBs for the Area. The MVEBs are presented in Table 8.

    Table 8—MVEBs for the Pennsylvania Portion of the Philadelphia Area for the 1997 PM2.5 and 2006 24-Hour NAAQS, in tpy Year PM2.5 NOX 2017 1,679 37,922 2025 1,316 25,361

    EPA's substantive criteria for determining adequacy of MVEBs are set out in 40 CFR 93.118(e)(4). Additionally, to approve the MVEBs, EPA must complete a thorough review of the SIP, in this case the PM2.5 maintenance plan, and conclude that with the projected level of motor vehicle and all other emissions, the SIPs will achieve its overall purpose, in this case providing for maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA's process for determining adequacy of a MVEB consists of three basic steps: (1) Providing public notification of a SIP submission; (2) providing the public the opportunity to comment on the MVEB during a public comment period; and (3) EPA taking action on the MVEB.

    In this proposed rulemaking action, EPA is initiating the process for determining whether or not the MVEBs are adequate for transportation conformity purposes. The publication of this rulemaking starts a 30-day public comment period on the adequacy of the submitted MVEBs. This comment period is concurrent with the comment period on this proposed action and comments should be submitted to the docket for this rulemaking. EPA may choose to make its determination on the adequacy of the budgets either in the final rulemaking on this maintenance plan and redesignation request or by informing Pennsylvania of the determination in writing, publishing a notice in the Federal Register and posting a notice on EPA's adequacy Web page (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). 14

    14 For additional information on the adequacy process, please refer to 40 CFR 93.118(f) and the discussion of the adequacy process in the preamble to the 2004 final transportation conformity rule. See 69 FR 40039-40043.

    EPA has reviewed the MVEBs and found that the submitted MVEBs are consistent with the maintenance plan and meet the criteria for adequacy and approval. Therefore, EPA is proposing to approve the 2017 and 2025 PM2.5 and NOX MVEBs for Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties for transportation conformity purposes. Additional information pertaining to the review of the MVEBs can be found in the TSD dated December 17, 2014, available on line at www.regulations.gov, Docket ID No. EPA-R03-OAR-2014-0868.

    VI. Proposed Actions

    EPA is proposing to approve Pennsylvania's request to redesignate the Pennsylvania portion of the Philadelphia Area from nonattainment to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA has evaluated Pennsylvania's redesignation request and determined that upon approval of the 2007 comprehensive emissions inventory for the 2006 24-hour PM2.5 NAAQS proposed as part of this rulemaking action, it would meet the redesignation criteria set forth in section 107(d)(3)(E) of the CAA for both standards. EPA believes that the monitoring data demonstrate that the Philadelphia Area is attaining and will continue to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also proposing to approve the associated maintenance plan for the Pennsylvania portion of the Area as a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS because it meets the requirements of CAA section 175A for both standards. For transportation conformity purposes, EPA is also proposing to approve MVEBs for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. Final approval of the redesignation requests would change the official designations of the Pennsylvania portion of the Philadelphia Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS, respectively, found at 40 CFR part 81, from nonattainment to attainment, and would incorporate into the Pennsylvania SIP the associated maintenance plan ensuring continued attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Pennsylvania portion of the Area for the next 10 years, until 2025. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

    VII. 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, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:

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

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

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

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

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

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

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

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

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

    In addition, this rule proposing to approve Pennsylvania's redesignation request, maintenance plan, 2007 comprehensive emissions inventory for the 2006 24-hour PM2.5 NAAQS, and MVEBs for transportation conformity purposes for the Pennsylvania portion of the Philadelphia Area for the 1997 annual and the 2006 24-hour PM2.5 NAAQS, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: February 2, 2015. William C. Early, Acting Regional Administrator, Region III.
    [FR Doc. 2015-03169 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R06-OAR-2014-0536; FRL-9923-13-Region 6] Determination of Nonattainment and Reclassification of the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Texas AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to determine that the Dallas/Fort Worth (DFW) 8-hour ozone nonattainment area did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2013, the attainment deadline set forth in the Code of Federal Regulations (CFR) for a Serious ozone nonattainment area under this standard. This proposal is based on EPA's review of complete, quality assured and certified ambient air quality monitoring data for the 2010-2012 monitoring period that are available in the EPA Air Quality System (AQS) database. If the EPA finalizes this determination, the DFW area will be reclassified by operation of law as a Severe ozone nonattainment area for the 1997 8-hour ozone standard. The EPA is also proposing that Texas must submit to the EPA the State Implementation Plan (SIP) revisions to address the Severe ozone nonattainment area requirements of the Act no later than one year after the effective date of the final rulemaking for this reclassification.

    DATES:

    Comments must be received on or before March 19, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R06-OAR-2014-0536, by one of the following methods:

    www.regulations.gov. Follow the on-line instructions.

    Email: Ms. Carrie Paige at [email protected]

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

    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2014-0536. 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 the disclosure of which is restricted by statute. Do not submit information through http://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an “anonymous access” system, which means that 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 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, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD-ROM submitted. 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 and any form of encryption and should be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment with the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carrie Paige, Air Planning Section (6PD-L); telephone (214) 665-6521; email address [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, “we,” “us,” and “our” means the EPA.

    Table of Contents I. Background II. EPA's Evaluation of the DFW Area's 1997 8-Hour Ozone Data III. The Consequences of Reclassification IV. The 2008 Ozone Standard and Its Effect on Reclassification of the DFW Area V. Proposed Action VI. Statutory and Executive Order Reviews I. Background A. The National Ambient Air Quality Standards

    Section 109 of the Clean Air Act (CAA or Act) requires the EPA to establish a NAAQS for pollutants that “may reasonably be anticipated to endanger public health and welfare” and to develop a primary and secondary standard for each NAAQS. The primary standard is designed to protect human health with an adequate margin of safety and the secondary standard is designed to protect public welfare and the environment. The EPA has set NAAQS for six common air pollutants, also referred to as criteria pollutants: carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. These standards present state and local governments with the minimum air quality levels they must meet to comply with the Act. Also, these standards provide information to residents of the United States about the air quality in their communities.

    B. The 1997 8-Hour Ozone Standard

    Ozone is a gas composed of three oxygen atoms. It is not usually emitted directly into the air, but at ground level is created by a chemical reaction between volatile organic compounds (VOCs) and oxides of nitrogen (NOX) in the presence of sunlight.1 On July 18, 1997, the EPA promulgated an 8-hour ozone standard of 0.08 parts per million (ppm).2 See 62 FR 38856 and 40 CFR 50.10.

    1 For additional information on ozone, please visit www.epa.gov/groundlevelozone.

    2 In this action we refer to the 1997 8-hour ozone standard as “the 1997 ozone standard.”

    Consistent with the EPA regulations in section 2.3 of 40 CFR part 50, Appendix I: “The primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm. The number of significant figures in the level of the standard dictates the rounding convention for comparing the computed 3-year average annual fourth-highest daily maximum 8-hour average ozone concentration with the level of the standard. The third decimal place of the computed value is rounded, with values equal to or greater than 5 rounding up. Thus, a computed 3-year average ozone concentration of 0.085 ppm is the smallest value that is greater than 0.08 ppm.” 3 In addition, the ambient air quality monitoring data for the 3-year period must meet a data completeness requirement, which is met when the average percentage of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix I of part 50.

    3 For ease of communication, many reports of ozone concentrations are given in parts per billion (ppb); ppb = ppm × 1000. Thus, 0.085 ppm becomes 85 ppb.

    C. The SIP and its Relation to the 1997 Ozone Standard

    The Act requires states to develop air pollution regulations and control strategies to ensure that for each area designated nonattainment for a NAAQS, state air quality will meet the NAAQS established by the EPA. Each state must submit these regulations and control strategies to the EPA for approval and incorporation into the Federally-enforceable SIP. Each Federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin. The SIPs may contain state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations.

    For ozone nonattainment areas, requirements for SIPs are contained in Part D, subparts 1 and 2 of the Act. Under subpart 2, the applicable control requirements become increasingly more stringent according to an area's classification. The five classifications are Marginal, Moderate, Serious, Severe or Extreme, with Marginal areas subject to the least stringent requirements and Extreme areas subject to the most.

    The EPA published two sets of regulations governing how the provisions of the CAA would apply for purposes of implementing the 1997 ozone standard. On April 30, 2004 (69 FR 23951), EPA promulgated the Phase 1 Rule, which addressed, among other matters, classifications for areas designated nonattainment for the 1997 ozone standard.

    The EPA published a second rule, the Phase 2 Rule on November 29, 2005 (70 FR 71612), and made several revisions to that rule on June 8, 2007 (72 FR 31727). The Phase 2 rule addresses SIP obligations for the 1997 ozone standard, including the SIP elements associated with reasonably available control technology (RACT), reasonably available control measures (RACM), reasonable further progress (RFP), modeling and attainment demonstrations, new source review, vehicle inspection and maintenance (I/M) programs, and contingency measures for failure to meet RFP and the attainment date.

    D. The DFW Nonattainment Area and Its Current Nonattainment Classification Under the 1997 Ozone Standard

    On April 30, 2004, the EPA designated nine counties as the DFW nonattainment area for the 1997 ozone standard (i.e., Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant counties) and this 9-county area was classified under subpart 2 of the Act, as “Moderate” (69 FR 23858).4 For areas subject to subpart 2 of the Act, the maximum period to achieve attainment runs from the effective date of designations and classifications for the 1997 ozone standard and corresponds to the same length of time provided in Table 1 of Section 181(a) of the Act: Marginal—3 years; Moderate—6 years; Serious—9 years; Severe—15 years; and Extreme—20 years. 40 CFR 51.903.

    4 On March 27, 2008 (73 FR 16436), the EPA promulgated a revised 8-hour ozone standard of 0.075 ppm (“the 2008 ozone standard”). On April 30, 2012, the EPA promulgated designations under the 2008 ozone standard (77 FR 30088, May 21, 2012) and in that action, the EPA designated 10 counties as a Moderate ozone nonattainment area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise. The EPA's actions herein do not address the DFW nonattainment area for the 2008 ozone standard.

    The DFW nonattainment area was classified as Moderate based on a design value at the time of designation (DV) of 0.10 ppm, with an attainment date of June 15, 2010 (69 FR 23858). The DV of an area characterizes the severity of the air quality and is represented by the highest DV measured at any ozone monitor in the area. The calculation for the DV is the three-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration measured at a monitor. In response to the designation, the State of Texas submitted an attainment plan designed to meet the 1997 ozone standard and we conditionally approved this plan on January 14, 2009 (74 FR 1903).5

    5 In the next paragraph, we describe how the DFW area failed to attain the 1997 ozone standard by its Moderate attainment date and was reclassified as a Serious ozone nonattainment area. Following reclassification to Serious, the State submitted a revised attainment plan for the DFW area. We are addressing the State's revised Moderate area SIP that addressed the conditional approval and the State's Serious area SIP in separate rulemaking actions.

    Section 181(b)(2) of the Act prescribes the process for making a determination of whether an ozone nonattainment area met the standard by its attainment date. Section 181(b)(2)(A) of the Act requires that the EPA determine, based on the area's ozone design value (as of the attainment date), whether or not the area attained the ozone standard by that date. For Marginal, Moderate, and Serious areas, if the EPA finds that the nonattainment area has failed to attain the ozone standard by the applicable attainment date, the area must be reclassified by operation of law to the higher of (1) the next higher classification for the area, or (2) the classification applicable to the area's design value as determined at the time of the required Federal Register notice. Section 181(b)(2)(B) requires the EPA to publish in the Federal Register a notice identifying any area that has failed to attain by its attainment date and, if applicable, the resulting reclassification. The DFW area failed to attain the 1997 ozone standard by its Moderate attainment date of June 15, 2010, and was consequently reclassified as a Serious ozone nonattainment area with an attainment date of no later than June 15, 2013 (75 FR 79302, December 20, 2010).

    II. EPA's Evaluation of the DFW Area's 1997 8-Hour Ozone Data

    The EPA is proposing to determine the DFW area did not attain the 1997 ozone standard by its attainment deadline of June 15, 2013 based on quality-assured, quality-controlled ambient air monitoring data for the years 2010-2012 that show the area was violating the 1997 ozone standard. These data from sites in the DFW area have been certified by the TCEQ and are presented in Table 1. As noted earlier in this action, the highest DV at any regulatory monitor in the area is considered the DV for the area (40 CFR 58.1). The Keller monitoring site recorded the highest 2010-2012 design value—0.087 ppm—which is also the design value for the area. Thus, pursuant to section 181(b)(2) of the Act, the EPA is proposing to determine that the DFW nonattainment area did not attain the 1997 ozone standard by the June 15, 2013, deadline for Serious nonattainment areas.

    Table 1—DFW Area Fourth Highest 8-Hour Ozone Concentrations and Design Values (ppm),6 2010-2012 Site name and No. 4th Highest daily max 2010 2011 2012 Design value
  • (2010-2012)
  • Fort Worth Northwest, 48-439-1002 7 0.081 0.082 0.077 0.080 Keller, 48-439-2003 0.085 0.097 0.079 0.087 Frisco, 48-085-0005 0.074 0.091 0.084 0.083 Midlothian OFW, 48-139-0016 0.072 0.080 0.078 0.076 Denton Airport South, 48-121-0034 0.074 0.095 0.081 0.083 Arlington Municipal Airport, 48-439-3011 0.079 0.080 0.092 0.083 Dallas North No. 2, 48-113-0075 0.071 0.088 0.086 0.081 Rockwall Heath, 48-397-0001 0.073 0.080 0.080 0.077 Grapevine Fairway, 48-439-3009 0.083 0.091 0.086 0.086 Kaufman, 48-257-0005 0.064 0.074 0.073 0.070 Eagle Mountain Lake, 48-439-0075 0.080 0.080 0.087 0.082 Parker County, 48-367-0081 0.070 0.088 0.076 0.078 Cleburne Airport, 48-251-0003 0.078 0.079 0.082 0.079 Dallas Hinton St., 48-113-0069 0.075 0.084 0.087 0.082 Dallas Executive Airport, 48-113-0087 0.078 0.082 0.085 0.081 Pilot Point, 48-121-1032 0.078 0.091 0.078 0.082 Italy, 48-139-1044 0.063 0.075 0.071 0.069

    Under section 181(a)(5) of the Act and 40 CFR 51.907, an area can qualify for up to 2 one-year extensions of its attainment date if it meets the conditions set forth in 40 CFR 51.907. For the 1997 ozone standard, if an area's fourth highest daily maximum 8-hour average value in the attainment year is 0.084 ppm or less (40 CFR 51.907), the area is eligible for the first one-year extension to the attainment date. The attainment year is the year immediately preceding the attainment date (40 CFR 51.900(g)), thus the DFW area's attainment year is 2012. In 2012, the area's fourth-highest daily maximum 8-hour was 0.092 ppm at the Arlington monitor site. Therefore, the DFW area does not qualify for a 1-year extension of its Serious area attainment deadline.

    6 Design value calculations for the 1997 ozone standard are based on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I).

    7 As happens on occasion, this particular value varies from that reported on the State Web site (see www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl). For comparison and confirmation, the AQS report for these monitors, for 2010 through 2013, is provided in the docket for this rulemaking.

    Section 181(b)(2)(A) of the Act provides that, should the EPA find that an area fails to attain by the applicable date, the area shall be reclassified by operation of law to the higher of: The next higher classification for the area; or the classification applicable to the area's ozone design value at the time of the reclassification. The classification that would be applicable to the DFW area's ozone DV at the time of today's notice is “Marginal” because the area's calculated DV, based on quality-assured ozone monitoring data from 2011-2013, is 0.087 ppm.8 By contrast, the next higher classification for the DFW area is “Severe.” Because “Severe” is a higher nonattainment classification than “Marginal” under the statutory scheme in the Act, upon the effective date of the final rulemaking determining that the DFW has failed to attain the 1997 ozone standard by the applicable attainment date of June 15, 2013, the DFW area will be reclassified by operation of law as “Severe.”

    8 As indicated earlier in this rulemaking, the DV for the 2010-2012 ozone season is 0.087 ppm, too. The DFW area fourth highest 8-hour ozone concentrations and DVs for 2011-2013 are provided in the docket for this rulemaking.

    III. The Consequences of Reclassification A. Effect of Reclassification on Stationary Air Pollution Sources

    Upon reclassification, stationary air pollution sources in the DFW ozone nonattainment area will be subject to Severe ozone nonattainment area New Source Review (NSR) and Title V permit requirements. The source applicability threshold for major sources and major source modification emissions is lowered to those that emit or have the potential to emit at least 25 tons per year (tpy) of VOC and NOX. For new and modified major stationary sources subject to review under Texas Administrative Code Title 30, Chapter 116, Section 116.150 (30 TAC 116.150) in the EPA approved SIP, VOC and NOX emissions increases from the proposed construction of new or modified major stationary sources must be offset by emissions reductions meeting a minimum offset ratio of 1.30 to 1. See 30 TAC 116 and 40 CFR 52.2270(c).

    B. Use of Reformulated Gasoline

    Effective one year after the reclassification of the DFW area as a Severe ozone nonattainment area, the requirement at section 211(k)(10)(D) of the Act would expand the prohibition of the sale of conventional gasoline and require the use of reformulated gasoline in Ellis, Johnson, Kaufman, Parker, and Rockwall counties. Currently, the prohibition applying to the sale of conventional gasoline in the DFW area is limited to Collin, Dallas, Denton and Tarrant counties (see 57 FR 46316, October 8, 1992).

    C. Proposed Date for Submitting a Revised SIP for the DFW Area

    Pursuant to section 181(b)(2) of the Act, the EPA is proposing to determine that the DFW area did not attain the 1997 ozone standard by the attainment deadline for Serious ozone nonattainment areas. If the EPA takes final action on this determination as proposed, the DFW area will be reclassified by operation of law from Serious to Severe nonattainment. Severe areas are required to attain the standard “as expeditiously as practicable” but no later than 15 years after designation, or June 15, 2019.9 The “as expeditiously as practicable” attainment date will be determined as part of the action on the required SIP submittal demonstrating attainment of the 1997 ozone standard. The EPA is proposing a schedule by which Texas will submit the SIP revisions necessary pursuant to reclassification to Severe nonattainment of the 1997 ozone standard.

    9 As noted earlier, the attainment date is 15 years from the effective date of designations and classifications for the 1997 ozone standard, which places it in the middle of the ozone monitoring season. The DFW ozone season data collected through June 15 would not meet the data completeness requirement and thus could not be used to determine attainment. To achieve the data completeness requirement, we use data collected from the prior complete ozone seasons. In other words, the area must attain by the year immediately preceding the attainment date (40 CFR 51.900(g)), which in this instance is 2018. The attainment date for the DFW nonattainment area under the 2008 ozone standard is December 31, 2018 (77 FR 30088).

    When an area is reclassified, the EPA has the authority under section 182(i) of the Act to adjust the Act's submittal deadlines for any new SIP revisions that are required as a result of the reclassification. Pursuant to 40 CFR 51.908(d), for each nonattainment area, the State must provide for implementation of all control measures needed for attainment as expeditiously as practicable but no later than the beginning of the attainment year ozone season. The attainment year ozone season is the ozone season immediately preceding a nonattainment area's attainment date. For an area with an attainment date of June 15, 2019, which is the date that would apply for the DFW area if bumped up to Severe, the attainment year ozone season is 2018 (40 CFR 51.900(g)). The ozone season is the ozone monitoring season as defined in 40 CFR part 58, Appendix D, section 4.1, Table D-3 (71 FR 61236, October 17, 2006). For the DFW area, March 1st is the beginning of the ozone monitoring season. We propose that Texas submit the required SIP revisions, including the attainment demonstration, RFP plan, and other applicable Severe area requirements to the EPA as expeditiously as practicable, but not later than one year after the effective date of the final rulemaking for this reclassification. In addition, all applicable controls shall be implemented as expeditiously as practicable but no later than March 1, 2018, which is the beginning of the attainment year ozone season.

    D. Severe Area Plan Requirements

    Pursuant to section 182(d) of the Act and 40 CFR 51 subpart X, the revised SIP for the DFW area must include all the CAA requirements for Serious ozone nonattainment area plans such as: (1) Enhanced ambient monitoring (CAA 182(c)(1)); (2) an enhanced vehicle I/M program (CAA 182(c)(3)); and (3) a clean fuel vehicle program or an approved substitute (CAA 182(c)(4)).10 The revised SIP for the DFW area must also meet the Severe area requirements specified in CAA section 182(d), including: (1) An attainment demonstration (CAA section 182(c)(2)(A) and (d); 40 CFR 51.908); (2) provisions for RACT and RACM (CAA sections 172(c)(1); 182(b)(2) and (d); 40 CFR 51.912); (3) RFP reductions for each three-year period until the attainment date (CAA section 182(c)(2)(B) and (d); 40 CFR 51.910); (4) contingency measures to be implemented in the event of failure to meet RFP or attain the standard (CAA 172(c)(9) and 182(c)(9)); (5) transportation control measures to offset emissions from growth in vehicle miles traveled or VMT (CAA 182(d)(1)(A)); (6) increased offsets for major sources (CAA section 182(d)(2) and 40 CFR 51.165); and (7) fees on major sources if the area fails to attain the standard (CAA 182(d)(3) and 185).

    10 The requirement for Stage II gasoline vapor recovery does not apply because the EPA determined that onboard vapor recovery is in widespread use in the motor vehicle fleet and waived the CAA section 182(b)(3) requirement. See 77 FR 28772, May 16, 2012. On March 17, 2014, the EPA approved revisions to the Texas SIP that remove the requirement that gasoline dispensing facilities (GDFs) install Stage II equipment and provide removal (decommissioning) procedures that existing GDFs must complete by August 31, 2018 (79 FR 14611).

    Because the DFW area is presently classified as Serious under the 1997 ozone standard, the state has adopted and EPA has approved into the SIP provisions that meet several of these requirements. A list of the requirements already in place and those yet to be adopted by the State for the DFW area is provided in Table 2.

    Table 2—Requirements That Would Apply for the Proposed DFW Severe Nonattainment Area for the 1997 Ozone Standard Requirement Action needed or date approved by EPA Severe Area Attainment Demonstration Must be submitted to EPA for approval by date established in final reclassification rule. RFP Demonstration Must be submitted to EPA for approval by date established in final reclassification rule. Contingency provisions Must be submitted to EPA for approval by date established in final reclassification rule. Enhanced ambient monitoring Proposed for approval on May 13, 2014 (79 FR 27257). Enhanced vehicle I/M program November 14, 2001 (66 FR 57261).11 Clean-fuel vehicle programs Proposed for approval on May 13, 2014 (79 FR 27257). Transportation control measures to offset VMT Must be submitted to EPA for approval by date established in final reclassification rule. RACM Must be submitted to EPA for approval by date established in final reclassification rule. RACT Must be submitted to EPA for approval by date established in final reclassification rule. Fees on major sources if the area fails to attain the 1997 ozone standard Must be submitted to EPA for approval by date established in final reclassification rule. IV. The 2008 Ozone Standard and Its Effect on Reclassification of the DFW Area

    In 2008, the EPA promulgated a more protective 8-hour ozone standard of 0.075 ppm (73 FR 16436) and EPA published a rule designating areas for that standard on May 21, 2012 (77 FR 30088). On June 6, 2013, the EPA published its proposed rule to implement the 2008 ozone standard (78 FR 34178). The rule also proposed revocation of the 1997 ozone standard for all purposes, and that upon revocation of that standard, the EPA would not be obligated to reclassify areas to a higher classification under the 1997 ozone NAAQS based upon a determination that the areas failed to attain such NAAQS by the areas' corresponding attainment date (78 FR 34178, 34236; proposed 40 CFR 51.1105(d)(2)(ii)). We anticipate final action on the proposed implementation rule this spring. If EPA has not yet taken final action to reclassify the DFW area for the 1997 ozone standard before a final rulemaking revoking the 1997 ozone NAAQS for all purposes is effective, and that rulemaking is finalized as proposed with respect to EPA's obligation concerning reclassification of areas for the revoked standard, then EPA will not finalize this proposed reclassification for DFW. However, the DFW area will still be subject to appropriate “anti-backsliding” requirements for the 1997 ozone NAAQS as established in any final rule EPA may promulgate in connection with any revocation of the 1997 standard. Anti-backsliding provides protection against degradation of air quality (e.g., the DFW area does not “backslide”) and ensures the area continues to make progress toward attainment of the new, more stringent NAAQS. Anti-backsliding also ensures there is consistency with the ozone NAAQS implementation framework outlined in subpart 2 of Part D of the CAA (78 FR 34178, 34211).

    11 This rulemaking expanded the enhanced I/M program to include all nine of the DFW nonattainment counties.

    V. Proposed Action

    Pursuant to section 181(b)(2) of the Act, the EPA is proposing to determine, based on certified, quality-assured monitoring data for 2010-2012 that the DFW area did not attain the 1997 ozone standard by the applicable June 15, 2013 attainment deadline. If the EPA finalizes this determination, upon the effective date of the final determination the DFW 9-county nonattainment area will be reclassified by operation of law as a Severe ozone nonattainment area under the 1997 ozone standard. Pursuant to section 182(i) of the Act, the EPA is also proposing the schedule for submittal of the SIP revisions required for Severe areas once the DFW area is reclassified. The EPA is proposing that Texas submit to the EPA the required SIP revisions for the Severe attainment demonstration, RFP and for all other Severe area measures required under sections 172, 182(c), 182(d) and 185 of the Act no later than one year after the effective date of the final rulemaking for this reclassification.

    VI. Statutory and Executive Order Reviews

    Under section 181(b)(2) of the CAA, a determination of nonattainment is a factual determination based upon air quality considerations and the resulting reclassification must occur by operation of law. A determination of nonattainment and the resulting reclassification of a nonattainment area by operation of law under section 181(b)(2) does not in and of itself create any new requirements, but rather applies the requirements contained in the Clean Air Act. For these reasons, this proposed action:

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

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

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

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

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

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

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

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

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

    In addition, this proposed rule does not have tribal implications because it will not have a substantial direct effect on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this proposed 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. List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, Wilderness areas.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: February 9, 2015. Ron Curry, Regional Administrator, Region 6.
    [FR Doc. 2015-03152 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
    GENERAL SERVICES ADMINISTRATION 48 CFR Parts 523 and 552 [GSAR Case 2006-G506; Docket No. 2009-0005; Sequence No. 2] RIN 3090-AI82 General Services Administration Acquisition Regulation (GSAR); Environmental, Conservation, Occupational Safety and Drug-Free Workplace AGENCY:

    Office of Acquisition Policy, General Services Administration.

    ACTION:

    Proposed rule.

    SUMMARY:

    The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to update the text and clauses regarding Hazardous Materials Identification and Material Safety Data. The second proposed rule incorporates many of the changes of the proposed rule and makes additional modifications to the text.

    DATES:

    Interested parties should submit written comments to the Regulatory Secretariat at one of the addressees shown below on or before April 20, 2015 to be considered in the formation of the final rule.

    ADDRESSES:

    Submit comments in response to GSAR Case 2006-G506 by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments by searching for “GSAR Case 2006-G506.” Select the link “Comment Now” that corresponds with “GSAR Case 2006-G506.” Follow the instructions provided at the “Comment Now” screen. Please include your name, company name (if any), and “GSAR Case 2006-G506” on your attached document.

    Fax: 202-501-4067.

    Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405.

    Instructions: Please submit comments only and cite GSAR Case 2006-G506, in all correspondence related to this case. 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, Program Analyst, at 215-446-4860 or [email protected], for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite GSAR Case 2006-G506.

    SUPPLEMENTARY INFORMATION:

    I. Background

    GSA is proposing to amend the GSAR to update the text and clauses regarding Subpart 523.3-Hazardous Materials Identification and Material Safety Data.

    GSA published a proposed rule in the Federal Register at 74 FR 11889 on March 20, 2009 to update the text and clauses regarding Hazardous Materials Identification and Material Safety Data. No comments were received in response to the proposed rule. This case is issued as a second proposed rule due to the length of time since the original proposed rule was published in 2009 and updates to the regulations referenced in the General Services Administration Manual (GSAM) Subpart 523.3.

    This proposed rule changes the title of GSAR part 523 to “Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace”, to correspond to the title in Federal Acquisition Regulation (FAR) part 23. The title for GSAR Subpart 523.3 is changed to “Hazardous Material Identification and Material Safety Data” to be consistent with the corresponding FAR subpart.

    In addition, this rule adds a new hazardous materials GSAR clause 552.223-73. GSAR clause 552.223-73, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments is added to require compliance by contractors regarding preservation, packaging, packing, marking and labeling of hazardous materials. This clause is also added to the provision and clause matrix.

    In addition, the GSAR clause 552.212-72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items, is updated to include the new hazardous material clause 552.223-73.

    II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    III. Regulatory Flexibility Act

    GSA does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because there are no substantive changes. Therefore, an Initial Regulatory Flexibility Analysis (IRFA) has not been performed. GSA invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.

    GSA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (GSAR Case 2006-G506), in correspondence.

    IV. Paperwork Reduction Act

    The proposed rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 523 and 552

    Government procurement.

    Dated: February 11, 2015. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Government-Wide Policy, General Services Administration.

    Therefore, GSA proposes to amend 48 CFR parts 523 and 552 as set forth below:

    PART 523—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 1. The authority citation for 48 CFR part 523 is revised to read as follows: Authority:

    40 U.S.C. 121(c).

    2. Revise the heading of part 523 to read as set forth above. 3. Amend section 523.303 by revising the section heading and adding paragraph (c) to read as follows:
    523.303 Contract clauses.

    (c) Insert 552.223-73, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments, in solicitations and contracts for packaged items subject to the Occupational Safety and Health Act and the Hazardous Materials Transportation Act.

    PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. The authority citation for 48 CFR part 552 continues to read as follows: Authority:

    40 U.S.C. 121(c).

    5. Amend section 552.212-72 by revising the introductory text, the date of the clause, and paragraph (b) to read as follows:
    552.212-72 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items.

    As prescribed in 512.301(a)(2), insert the following clause:

    Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (Date)

    (b) Clauses.

    (1) _552.223-70 Hazardous Substances.

    (2) _552.223-71 Nonconforming Hazardous Material.

    (3) _552.223-73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments.

    (4) _552.238-70 Identification of Electronic Office Equipment Providing Accessibility for the Handicapped.

    (5) _552.238-72 Identification of Products that have Environmental Attributes.

    6. Add section 552.223-73 to read as follows:
    552.223-73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments.

    As prescribed in 523.303(c), insert the following clause:

    Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments (Date)

    (a) Definition. United States, as used in this clause, means the 48 adjoining U.S. States, Alaska, Hawaii, and U.S. territories and possessions, such as Puerto Rico.

    (b) Preservation, packaging, packing, marking and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following, as applicable:

    (1) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organization (IMO).

    (2) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code, such as Consumer Commodities classed as ORM-D shall be packaged in accordance with the IMDG Code and dual marked with both Consumer Commodity and IMDG marking and labeling.)

    (3) Occupational Safety and Health Administration (OSHA) Regulation 29 (CFR) part 1910.1200.

    (4) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International Civil Aviation Organization (ICAO), Technical Instructions.

    (5) AFMAN 24-204, Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air Shipments.

    (6) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation and contract.

    (c) Preservation, packaging, packing, marking and labeling of hazardous materials for domestic shipments within the United States in all transport modes shall comply with the following; as applicable:

    (1) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49, CFR parts 171 through 180.

    (2) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR part 1910.1200.

    (3) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation and contract.

    (d) Hazardous Material Packages designated for outside the United States destinations through Forwarding Points, Distribution Centers, or Container Consolidation Points (CCPs) shall comply with the IMDG, IATA, ICAO or AFMAN 24-204 codes, as applicable.

    (e) The test certification data showing compliance with performance-oriented packaging or UN approved packaging requirements shall be made available to GSA contract administration/management representatives or regulatory inspectors upon request.

    (End of clause)
    [FR Doc. 2015-03164 Filed 2-13-15; 8:45 am] BILLING CODE 6820-61-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 141222999-5114-01] RIN 0648-BE72 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Midwater Trawl Fishery Season Date Change AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    This action would implement revisions to the Pacific Coast Groundfish Trawl Rationalization Program affecting the limited entry midwater trawl fisheries managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). This action would revise the Shorebased Individual Fishing Quota (IFQ) Program regulations to change the primary season opening date for the shorebased whiting fishery and the shorebased non-whiting midwater trawl fishery to May 15 north of 40°30′ N. lat. to the U.S./Canada border. This moves the season a month earlier off Washington and Oregon, and a month and half later off northern California (north of 40°30′ N. lat.), increasing consistency in the season start date along the coast and between the shorebased and at-sea midwater trawl fleets.

    DATES:

    Comments on this proposed rule must be received on or before March 19, 2015.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2015-0016, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0016, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; Attn: Jamie Goen.

    Fax: 206-526-6426; Attn: Jamie Goen.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

    FOR FURTHER INFORMATION CONTACT:

    Jamie Goen, 206-526-4656; [email protected]

    SUPPLEMENTARY INFORMATION: Background

    In January 2011, NMFS implemented a trawl rationalization program, a type of catch share program, for the Pacific coast groundfish fishery's trawl fleet. The program was adopted through Amendment 20 to the FMP and consists of three sectors: An IFQ program for the shorebased trawl fleet (including vessels targeting whiting and non-whiting with midwater trawl gear); and cooperative (coop) programs for the at-sea mothership (MS) and catcher/processor (C/P) trawl fleets (whiting only).

    Since implementation, the Pacific Fishery Management Council (Council) and NMFS have been working to implement additional regulatory changes to further improve the trawl rationalization program and respond to industry requests. Changing the midwater trawl fishery season date would further increase consistency in the season start date along the coast and between the shorebased and at-sea midwater trawl fleets. This rule would revise the Shorebased IFQ Program regulations to change the primary season opening date for the midwater trawl fishery (whiting and non-whiting) to May 15 north of 40°30′ N. lat. to the U.S./Canada border. This would move the season a month earlier off Washington and Oregon and a month and half later off northern California (north of 40°30′ N. lat.).

    The Council discussed the season date change at its March and April 2012 meetings, with final Council recommendations to NMFS during the September 2012 Council meeting. In addition, NMFS received further clarification on these issues from the Council at its November 2014 meeting.

    Evolution of Seasons

    While this action would affect the season start date for shorebased midwater trawl fisheries that target whiting or other groundfish (“non-whiting”), historically the season start dates were for midwater fisheries targeting whiting. However, since 2011 and the start of the trawl rationalization program, the Pacific whiting start date applies to the use of all midwater trawl gear regardless of the target species. In 1991, foreign fishing in U.S. waters ended and whiting became a fully domestic fishery with both at-sea and shorebased vessels. The season started on January 1 but fishing did not start until late spring when the fish were more available. In 1992, the season start date was set at April 15. In 1996, the at-sea sectors (mothership and catcher/processor) and the shorebased sector north of 42° N. lat. (northern fishery off Washington and Oregon) all started on May 15, the shorebased sector between 42° and 40°30′ N. lat. (central fishery off northern California) started on March 1, and the shorebased sector south of 40°30′ N. lat. (southern fishery off central and southern California) continued to start on April 15. Since 1997, the whiting seasons have started as follows: May 15 for the at-sea sectors, June 15 for the northern shorebased sector, April 1 for the central shorebased sector, and April 15 for the southern shorebased sector.

    The 1997 delay in the season start date for the northern shorebased fishery to June 15 allowed shorebased vessels to deliver whiting to at-sea motherships for a full month or until the at-sea allocation was met and then to switch their delivery strategy to shorebased facilities until the shorebased allocation was met for the year. The delay for the northern shorebased fishery from May 15 to June 15 also allowed shorebased vessels to complete their May-June DTS (Dover sole, thornyhead, sablefish complex) cumulative limits before the start of the whiting fishery (it was not permissible to land more than 60 percent of the DTS limit in a particular month). The shift from a May 15 to a June 15 opening (and from March 1 to April 1 for the central area) was expected to allow the whiting to grow to a larger size prior to harvest. These date changes also affected bycatch of other species caught with midwater trawl gear. Bycatch rates of rockfish were expected to increase with the later northern start date because more of the whiting stock biomass would be in northern areas, where rockfish such as yellowtail and widow are more available to midwater gear. Bycatch of salmon was expected to be difficult to predict, but presumed to be lower in the summer months for the shorebased fishery and higher later in the year for the at-sea fishery.

    The 1997 season date change also included an allocation decision to limit the California fisheries to taking a total of 5 percent of the shorebased allocation prior to the start of the northern fishery to prevent further expansion in that area. In addition to modifying the season dates and establishing a California early season allocation, the 1997 action also established a framework in the regulations for modifying the season opening dates on an annual basis (50 CFR 660.131(b)(2)). This action to change the northern and central shorebased season start dates for midwater fisheries (whiting and non-whiting) to May 15 would not change the framework regulation at § 660.131(b)(2) nor would it change the California early season allocation, other than to limit it to the southern shorebased fishery.

    Re-Emerging Non-Whiting Midwater Trawl Fishery

    Prior to 2001, a shorebased midwater trawl fishery existed, primarily targeting widow, yellowtail, and chilipepper rockfishes. In 2001 and 2002, catches in the non-whiting midwater fishery were drastically reduced by management measures to protect widow and other overfished rockfish. Widow rockfish was declared overfished in 2001, reducing the amount that could be harvested to bycatch. In addition, large coastwide closed areas, called rockfish conservation areas, were implemented in 2002 to reduce the catch of several overfished rockfish species. These changes eliminated the shorebased non-whiting midwater trawl fishery. Since implementation of the trawl rationalization program in 2011 and the declaration of widow rockfish as rebuilt, there are increasing opportunities for non-whiting midwater trawl fisheries. With implementation of the trawl rationalization program, the regulatory distinctions between the shorebased whiting and the non-whiting fishery were blurred. The season start date for the whiting fishery was interpreted to apply to all midwater fishing (whiting and non-whiting). The season date change in this action would also affect the non-whiting midwater trawl fishery.

    Expected Impacts

    Changing the season opening date for the midwater trawl fishery (whiting and non-whiting) to May 15 north of 40°30′ N. lat. to the U.S./Canada border would move the season a month earlier off Washington and Oregon, and a month and half later off northern California (north of 40°30′ N. lat.). This action would not change the areas open to groundfish fishing or the total amount of groundfish available for harvest, but it would shift when those fish can be caught. A single coastwide opening north of 40°30′ N. lat. would simplify the regulations. This change would align the northern and central shorebased fisheries with the at-sea fisheries, increase flexibility for the northern shorebased fishery, and equalize opportunity among most of the midwater sectors (except the southern shorebased fishery which would remain at April 15). With implementation of the trawl rationalization program in 2011, it is no longer necessary to stagger seasons in the whiting fishery to increase access to groundfish. While moving the season start date for the central shorebased fishery would result in a shortened season for the central area, no impact to this fishery is expected because there has not been harvest in northern California since implementation of the trawl rationalization program.

    In addition to the expected impacts on groundfish, NMFS must also consider the impacts on salmon. Salmon, predominately Chinook, are caught as bycatch in groundfish midwater trawl fisheries. Some of the Chinook caught with midwater trawl gear are listed as endangered or threatened under the Endangered Species Act (ESA). NMFS considered the effects of ongoing implementation of the groundfish FMP on listed salmonid species in a biological opinion issued on December 15, 1999. That opinion noted that steelhead, sockeye, and cutthroat trout are rarely, if ever, encountered in the groundfish fishery. Coho and chum are caught in relatively low numbers in the whiting fishery with average catch per year coastwide on the order of tens to a few hundred fish and in the bottom trawl fishery on the order of tens of fish per year. The 1999 opinion focused on bycatch of Chinook salmon, which comprises the largest portion of salmonid bycatch in the whiting fishery.

    The 1999 opinion determined that the fishery was not likely to jeopardize any of the ESA-listed Chinook and provided an incidental take statement estimating that total Chinook bycatch (listed and unlisted fish) for the whiting fishery (MS, C/P, shorebased, and tribal combined), would likely be 11,000 Chinook per year or 0.05 fish per metric ton (mt) of whiting catch. The 1999 opinion indicated consultation must be reinitiated if Chinook bycatch rates exceed these amounts. For the bottom trawl fishery, the 1999 biological opinion estimated that 6,000 to 9,000 Chinook salmon would be taken annually. The biological opinion concluded that if the bottom trawl fishery changes substantially in magnitude or character or if bycatch exceeds 9,000 Chinook, consultation must be reinitiated.

    In 2013, NMFS reinitiated section 7 consultation on the FMP to address the effects on salmonids caused by the re-emerging use of midwater trawl gear to target non-whiting groundfish species such as yellowtail and widow rockfish. The request was made due to the evolution of the trawl fishery under the trawl rationalization framework and improving conditions for species such as widow rockfish that were expected to change the characteristics of the fishery. In addition, West Coast Groundfish Observer Program data reports showed new estimates of Chinook and coho salmon bycatch in the nearshore fixed gear fisheries (open access and limited entry fisheries), limited entry sablefish fishery, and open access California Halibut fishery. In October 2014, the whiting fishery exceeded the 11,000 Chinook and 0.05 Chinook salmon/mt whiting reinitiation triggers stated in the 1999 biological opinion. Given this, NMFS determined that the reinitiation should address the effects on listed salmonids of all fishing under the FMP.

    In the interim, NMFS will be monitoring the take of salmon inseason and expects industry to take measures to reduce salmon bycatch, if needed. All midwater trawl fisheries have 100 percent monitoring and are required to track the catch of prohibited and protected species, such as salmon.

    NMFS and the Council estimated the bycatch of Chinook in 2015 based on the amount of target species (whiting, widow, and yellowtail rockfish) available to harvest. While the allowable harvest amounts for these target species will not be determined until the spring, they are expected to increase in 2015 and 2016. However, catch of salmon in groundfish trawl fisheries is highly variable from year to year, including in years when the season was as early as April 15 and as late as June 15. For salmon listed under the ESA, NMFS expects the bycatch of Chinook to remain within the amounts considered in the 1999 biological opinion for all groundfish trawl fisheries combined (20,000 Chinook) even if harvest limits for target groundfish species increases. For more information, see the draft environmental assessment at the Web site provided or the ESA information listed in the Classification section of this preamble.

    Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Pacific Coast Groundfish FMP, other provisions of the MSA, and other applicable law, subject to further consideration after public comment.

    The Council prepared an environmental assessment (EA) for this action. The draft EA is available on the Council's Web site at http://www.pcouncil.org/ or on NMFS' Web site at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Trawl-Program/index.cfm.

    Pursuant to the procedures established to implement section 6 of Executive Order 12866, the Office of Management and Budget has determined that this proposed rule is not significant.

    An initial regulatory flexibility analysis (IRFA) was prepared, as required by section 603 of the Regulatory Flexibility Act (RFA). The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A description of the action, why it is being considered, and the legal basis for this action are contained at the beginning of this section in the preamble and in the SUMMARY section of the preamble. A Regulatory Impact Review (RIR) was also prepared on the action and is included as part of the IRFA. A copy of the IRFA is available from NMFS (see ADDRESSES) and a summary of the IRFA, per the requirements of 5 U.S.C. 604(a) follows:

    As described above, this action would revise the Shorebased IFQ Program regulations to change the primary season opening date for the whiting and non-whiting midwater trawl fisheries to May 15 north of 40°30′ N. lat. to the U.S./Canada border. This would move the season a month earlier off Washington and Oregon, and a month and half later off northern California (north of 40°30′ N. lat.), increasing consistency in the season start date along the coast and between the shorebased and at-sea midwater trawl fleets.

    This action would affect shorebased midwater trawlers in the trawl rationalization program and the processors that receive their product. During the 2011 to 2014 period, 30 midwater trawl vessels delivered to 10 shoreside processing plants in this fishery. Some vessels share common ownership, other vessels are owned by processing companies, and some companies own multiple processing plants. After accounting for these relationships, there are 26 entities that have participated in the fishery, 22 of which are small entities, based on NMFS' review of available information.

    The alternatives considered changing the season start date for the northern fishery, off Washington and Oregon from 42° N. lat. to the U.S./Canada border, from June 15 to May 15 and for the central fishery, off northern California from 40′30 N. lat. to 42° N. lat., from April 1 to May 15. The April 15 start data for the southern fishery, south of 40°30′ N. lat., would remain unchanged.

    Under the Action Alternative (May 15 season start from 40°30′ N. lat. to the U.S./Canada border), the same amount of whiting and non-whiting groundfish species will be available for harvest using midwater trawl gear as under the No Action Alternative (April 1 between 40°30′ N. lat. to 42° N. lat., June 15 from 42° N. lat. to the U.S./Canada border). The proposed season opening date change will give fishers in the northern fishery greater flexibility in maximizing net operating profits and social benefits from fixed amounts of fish (for which quota share is required to cover impacts), thus a positive change in impact to the harvest sector is projected under the Action Alternative compared to the No Action Alternative. No change in impact is expected in the central fishery in the near term under the Action Alternative because the fishery in that area has been inactive with the Shorebased IFQ Program in place.

    The main impact to the harvest sector from the Action Alternative, (as compared to the No Action Alternative) in the northern fishery will be to increase the flexibility that individual vessel operators have in using their IFQ with midwater gear by adding one month to the duration of their season. This additional time in the northern fishery should allow vessels and processors more opportunity to adjust their operations to changing market conditions and to changes in other fisheries. Increasing the time available to fish in the northern fishery may lead to increased harvests. During 2014, the total IFQ fishery (fixed gear, midwater, and bottom trawl) left 1.6 million lbs of chilipepper rockfish (70% of the total IFQ quota), 46 million lbs of Pacific whiting (17%), 750,000 lbs of widow rockfish (37%), and 3.9 million lbs of yellowtail rockfish (60%) unharvested. Increasing the time available to fish in the northern fishery may allow fishermen and processors to adjust their operations to increase participation in other fisheries such as the crab, shrimp, or mothership fishery for whiting. One of the reasons for the staggered opening (May 15 for at-sea and June 15 for shorebased) was to reduce the conflict between the catcher vessels fishing for motherships and those in the shorebased fishery. Both fisheries were managed through season closures, which resulted in a race for fish (as “derby” fisheries). The trawl rationalization program, however, reserves for each quota holder a specific amount of fish, eliminating the race for fish and reducing the potential for conflicting opportunities. With the trawl rationalization program in place, a common opening date for these fisheries would not force quota holders to choose between them (i.e. participation in one fishery would not preclude participation in the other). The mothership is now managed by a single coop that plans participation preseason. Increasing the season length may allow the co-op to consider allowing alternative vessels to participate in the coop.

    With an increase in the fishing season, the number of shorebased processors and vessels participating in the fishery are not expected to change. The midwater fishery is predominantly a Pacific whiting fishery where major investments in equipment would be needed by a processor to enter the fishery. Vessels participation is also not expected to change. Given that large portions of the IFQ allocations are unharvested, improvements in the basic markets for midwater trawl species will determine participation. Changing the season length will provide increased opportunities to take advantage of these improvements.

    In summary, an extended shorebased season will increase the choices available for the northern fishery (off Oregon and Washington), providing an opportunity to improve business decisions and potential profits from the fishery. For the central fishery, there would be a contraction in flexibility to harvest from April 1 to May 15. Reducing the season in the central fishery may have a chilling effect on the potential growth in the fishery. However, data for 2011 through 2014 shows no midwater trawl gear harvest is occurring in this area under the IFQ program.

    NMFS believes this rule, if finalized in this form, would not have a significant difference in impacts when comparing small versus large businesses in terms of disproportionality and profitability, given available information. Through this rulemaking process, we are specifically requesting comments on this conclusion.

    There are no Federal reporting and recordkeeping requirements associated with this action. There are no relevant Federal rules that may duplicate, overlap, or conflict with this action.

    NMFS issued Biological Opinions under the Endangered Species Act (ESA) on August 10, 1990, November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, and December 15, 1999 pertaining to the effects of the Groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River spring/summer, Snake River fall, upper Columbia River spring, lower Columbia River, upper Willamette River, Sacramento River winter, Central Valley spring, California coastal), coho salmon (Central California coastal, southern Oregon/northern California coastal), chum salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake River, Ozette Lake), and steelhead (upper, middle and lower Columbia River, Snake River Basin, upper Willamette River, central California coast, California Central Valley, south/central California, northern California, southern California). These biological opinions have concluded that implementation of the FMP is not expected to jeopardize the continued existence of any endangered or threatened species under the jurisdiction of NMFS, or result in the destruction or adverse modification of critical habitat.

    NMFS issued a Supplemental Biological Opinion on March 11, 2006, concluding that neither the higher observed bycatch of Chinook in the 2005 whiting fishery nor new data regarding salmon bycatch in the groundfish bottom trawl fishery required a reconsideration of its prior “no jeopardy” conclusion. NMFS also reaffirmed its prior determination that implementation of the FMP is not likely to jeopardize the continued existence of any of the affected ESUs. Lower Columbia River coho (70 FR 37160, June 28, 2005) and Oregon Coastal coho (73 FR 7816, February 11, 2008) were relisted as threatened under the ESA. The 1999 biological opinion concluded that the bycatch of salmonids in the Pacific whiting fishery were almost entirely Chinook salmon, with little or no bycatch of coho, chum, sockeye, and steelhead.

    NMFS has reinitiated section 7 consultation on the Pacific Coast Groundfish FMP with respect to its effects on listed salmonids. In the event the consultation identifies either reasonable and prudent alternatives to address jeopardy concerns, or reasonable and prudent measures to minimize incidental take, NMFS would coordinate with the Council to put additional alternatives or measures into place, as required. After reviewing the available information, NMFS has concluded that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action will not jeopardize any listed species, would not adversely modify any designated critical habitat, and will not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures.

    On December 7, 2012, NMFS completed a biological opinion concluding that the groundfish fishery is not likely to jeopardize non-salmonid marine species, including listed eulachon, the southern distinct population segment (DPS) of green sturgeon, humpback whales, the eastern DPS of Steller sea lions, and leatherback sea turtles. The opinion also concluded that the fishery is not likely to adversely modify critical habitat for green sturgeon and leatherback sea turtles. An analysis included in the same document as the opinion concludes that the fishery is not likely to adversely affect green sea turtles, olive ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific right whales, blue whales, fin whales, sperm whales, Southern Resident killer whales, Guadalupe fur seals, or the critical habitat for Steller sea lions. Since that biological opinion, the eastern DPS of Steller sea lions was delisted on November 4, 2013 (78 FR 66140); however, this delisting did not change the designation of the codified critical habitat for the eastern DPS of Steller sea lions. On January 21, 2013, NMFS informally consulted on the fishery's effects on eulachon to consider whether the 2012 opinion should be reconsidered for eulachon in light of new information from the 2011 fishery and the proposed chafing gear modifications. NMFS determined that information about bycatch of eulachon in 2011 and chafing gear regulations did not change the effects that were analyzed in the December 7, 2012 biological opinion, or provide any other basis to reinitiate consultation.

    On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) issued a biological opinion concluding that the groundfish fishery will not jeopardize the continued existence of the short-tailed albatross. The FWS also concurred that the fishery is not likely to adversely affect the marbled murrelet, California least tern, southern sea otter, bull trout, nor bull trout critical habitat.

    West Coast pot fisheries for sablefish are considered Category II fisheries under the Marine Mammal Protection Act (MMPA), indicating occasional interactions. All other West Coast groundfish fisheries, including the trawl fishery, are considered Category III fisheries under the MMPA, indicating a remote likelihood of or no known serious injuries or mortalities to marine mammals. MMPA section 101(a)(5)(E) requires that NMFS authorize the taking of ESA-listed marine mammals incidental to U.S. commercial fisheries if it makes the requisite findings, including a finding that the incidental mortality and serious injury from commercial fisheries will have a negligible impact on the affected species or stock. As noted above, NMFS concluded in its biological opinion for the 2012 groundfish fisheries that these fisheries were not likely to jeopardize Steller sea lions or humpback whales. The eastern distinct population segment of Steller sea lions was delisted under the ESA on November 4, 2013 (78 FR 66140). On September 4, 2013, based on its negligible impact determination dated August 28, 2013, NMFS issued a permit for a period of three years to authorize the incidental taking of humpback whales by the sablefish pot fishery (78 FR 54553). This proposed rule was developed after meaningful collaboration, through the Council process, with the tribal representative on the Council. The proposed regulations have no direct effect on the tribes; these proposed regulations were deemed by the Council as “necessary or appropriate” to implement the FMP as amended.

    List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: February 10, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 660 is proposed to be amended as follows:

    PART 660—FISHERIES OFF 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 § 660.131, revise paragraph (b)(2)(iii)(C) to read as follows:
    § 660.131 Pacific whiting fishery management measures.

    (b) * * *

    (2) * * *

    (iii) * * *

    (C) Shorebased IFQ Program. The start of the Shorebased IFQ Program primary whiting season is:

    (1) North of 40°30′ N. lat.—May 15;

    (2) South of 40°30′ N. lat.—April 15.

    [FR Doc. 2015-03079 Filed 2-13-15; 8:45 am] BILLING CODE 3510-22-P
    80 31 Tuesday, February 17, 2015 Notices DEPARTMENT OF COMMERCE International Trade Administration [A-427-818] Low Enriched Uranium from France: Initiation of Expedited Changed Circumstances Review, and Preliminary Results of Changed Circumstances Review AGENCY:

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

    SUMMARY:

    Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the Department of Commerce (the Department) is initiating a changed circumstances review (CCR) of the antidumping duty order on low-enriched uranium (LEU) from France with respect to Eurodif SA and AREVA Inc. (collectively, AREVA). Moreover, the Department has determined that it is appropriate to conduct this CCR on an expedited basis. We invite interested parties to comment on these preliminary results.

    DATES:

    Effective Date: February 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4261.

    SUPPLEMENTARY INFORMATION:

    Background

    On February 13, 2002, the Department published an order on LEU from France.1 The order expressly excludes from the scope LEU that meets the requirements for re-exportation, including re-exportation within 18 months of entry.2

    1See Notice of Amended Final Determination and Notice of Antidumping Duty Order: Low Enriched Uranium From France, 67 FR 6680 (February 13, 2002).

    2See id.

    On December 5, 2011, AREVA requested that the Department initiate and conduct an expedited CCR to amend the scope of the order to extend by 18 months the deadline for re-exporting an entry of LEU for which AREVA reported it would not be able to meet the deadline for re-exportation.3 At the time of entry, the LEU at issue met the requirements for exclusion from the scope outlined above. On April 2, 2012, the Department published the final results of the CCR, extending the deadline for re-exportation of this sole entry by 18 months, to no later than November 1, 2013.4

    3See Letter from AREVA, “Low Enriched Uranium from France,” dated December 5, 2011.

    4See Low Enriched Uranium from France: Final Results of Antidumping Duty Changed Circumstances Review, 77 FR 19642 (April 2, 2012) (Final Results of Changed Circumstances Review).

    On July 8, 2013, AREVA requested that the Department initiate a CCR in order to further extend the period for the re-exportation this sole entry of LEU from November 1, 2013, until November 1, 2015.5 AREVA also requested that the Department conduct the review on an expedited basis. On November 7, 2013 the Department published the final results of the CCR, extending the deadline for re-exportation of this sole entry until November 1, 2015.6 The Department further determined that this would be the final extension for re-exportation of this specified entry.7

    5See Letter from AREVA, “Request for Changed Circumstances Review,” dated July 8, 2013.

    6See Low Enriched Uranium from France: Final Results of Antidumping Duty Changed Circumstances Review, 78 FR 66898 (November 7, 2013) (Final Results of Second Changed Circumstances Review).

    7See id.

    On November 10, 2014, AREVA submitted its third request for a CCR, seeking an extension for an indefinite period of time for the re-exportation of the specified entry of LEU covered in two previous CCRs, and AREVA requested that the Department conduct this CCR on an expedited basis.8

    8See Letter from Stuart Rosen Esq., “Request for Changed Circumstances Review,” dated November 10, 2014 (Third CCR Request).

    Scope of the Order

    The product covered by the order is all LEU. LEU is enriched uranium hexafluoride (UF6) with a U235 product assay of less than 20 percent that has not been converted into another chemical form, such as UO2, or fabricated into nuclear fuel assemblies, regardless of the means by which the LEU is produced (including LEU produced through the down-blending of highly enriched uranium).

    Certain merchandise is outside the scope of the order. Specifically, the order does not cover enriched uranium hexafluoride with a U235 assay of 20 percent or greater, also known as highly-enriched uranium. In addition, fabricated LEU is not covered by the scope of the order. For purposes of the order, fabricated uranium is defined as enriched uranium dioxide (UO2), whether or not contained in nuclear fuel rods or assemblies. Natural uranium concentrates (U3O8) with a U235 concentration of no greater than 0.711 percent and natural uranium concentrates converted into uranium hexafluoride with a U235 concentration of no greater than 0.711 percent are not covered by the scope of the order.

    Also excluded from the order is LEU owned by a foreign utility end-user and imported into the United States by or for such end-user solely for purposes of conversion by a U.S. fabricator into uranium dioxide (UO2) and/or fabrication into fuel assemblies so long as the uranium dioxide and/or fuel assemblies deemed to incorporate such imported LEU (i) remain in the possession and control of the U.S. fabricator, the foreign end-user, or their designed transporter(s) while in U.S. customs territory, and (ii) are re-exported within eighteen (18) months of entry of the LEU for consumption by the end-user in a nuclear reactor outside the United States. Such entries must be accompanied by the certifications of the importer and end user.

    The merchandise subject to this order is classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2844.20.0020. Subject merchandise may also enter under 2844.20.0030, 2844.20.0050, and 2844.40.00. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this proceeding is dispositive.

    Initiation of Changed Circumstances Review

    Pursuant to section 751(b) of the Act and 19 CFR 351.216 and 351.221(c)(3), the Department is initiating a CCR of the antidumping duty order on LEU from France with respect to AREVA. Based on the information and documentation AREVA submitted in its November 10, 2014 letter, we find that we have received sufficient information to warrant initiation of a review to determine if changed circumstances exist to support the extension of time to re-export the specified entry of LEU.

    Section 351.221 (c)(3)(ii) of the Department's regulations permits the Department to combine the notice of initiation of a changed circumstances review and the notice of preliminary results if the Department concludes that expedited action is warranted. In this instance, because we have on the record the information necessary to make a preliminary finding, we find that expedited action is warranted, and have combined the notice of initiation and the notice of preliminary results.

    Preliminary Results of Expedited Changed Circumstances Review

    Based on the Department's analysis of the information provided by AREVA in its request for a CCR, in accordance with 19 CFR 351.216, we preliminarily determine that changed circumstances to extend the time period for re-exportation a third time do not exist, and that AREVA should not be granted an additional extension of time to re-export this one entry of subject merchandise.

    In its Third CCR Request, AREVA explained that the Japanese end-user remained unable to take delivery of the subject LEU due to conditions caused by the March 11, 2011 earthquake and tsunami in Japan, that the Japanese end-user was working to comply with “detailed and lengthy” regulatory requirements of Japan's Nuclear Regulatory Authority, and that AREVA and the Japanese end-user were unable to confirm when re-export of the subject entry of LEU would be possible.9

    9See id. at 3-4.

    In the Final Results of Second Changed Circumstances Review, the Department stated that “. . . if the Japanese end-user is unable to take delivery by the November 1, 2015 deadline, AREVA, the U.S. importer as well as the French exporter, will be required to re-export this sole entry to France or pay antidumping duties on the entry at the applicable rate.” 10 Given that the situation where the Japanese end-user would be unable to take delivery was anticipated in the previous CCR, we do not consider this situation to be “changed circumstances.”

    10See Final Results of Second Changed Circumstances Review, 78 FR at 66899.

    The Department stated in the Final Results of Second Changed Circumstances Review, 11 that this would be the final extension, and further stated in the accompanying decision memorandum that to allow the re-export deadline to be extended indefinitely would mean “ignoring this aspect of the scope.”12

    11See id.

    12See Memorandum to Paul Piquado, “Decision Memorandum for Final Results of Changed Circumstances Review of Low Enriched Uranium from France,” October 31, 2013.

    The Department preliminarily determines that changed circumstances do not exist beyond the changed circumstances already recognized in the two previous changed circumstances reviews, and that AREVA will not be granted a further extension to re-export the specified entry of LEU.

    Public Comment

    Case briefs from interested parties may be submitted not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to the issues raised in the case briefs, may be filed no later than 5 days after the submission of case briefs. All written comments shall be submitted in accordance with 19 CFR 351.303. All submissions are to be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), and must also be served on interested parties.13 ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time on the deadline.14

    13 See 19 CFR 351.303(f).

    14See 19 CFR 351.303(b).

    Any interested party may request a hearing within 30 days of publication of this notice. Any hearing, if requested, will be held no later than 37 days after the date of publication of this notice, or the first business day thereafter. Persons interested in attending the hearing, if one is requested, should contact the Department for the date and time of the hearing.

    Notifications to Interested Parties

    Consistent with 19 CFR 351.216(e), we will issue the final results of this changed circumstances review no later than 270 days after the date on which this review is initiated, or within 45 days after the date on which this review is initiated if all parties agree to our preliminary finding. The final results will include the Department's analysis of issues raised in any written comments.

    We are issuing and publishing these preliminary results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 19 CFR 351.216.

    Dated: February 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-03194 Filed 2-13-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-880] Barium Carbonate From the People's Republic of China: Continuation of Antidumping Duty Order AGENCY:

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

    SUMMARY:

    As a result of the determinations by the Department of Commerce (the “Department”) and the International Trade Commission (the “ITC”) that revocation of the antidumping duty (“AD”) order on barium carbonate from the People's Republic of China (“PRC”) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

    DATES:

    Effective Date: February 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 6, 2003, the Department published the final determination in the AD investigation of barium carbonate from the PRC.1 On October 1, 2003, the Department issued the AD order on barium carbonate from the PRC.2 There have been no administrative reviews since issuance of the Order. There have been no related findings or rulings (e.g., changed circumstances review, scope ruling, duty absorption review) since issuance of the Order. On January 9, 2009, the Department published the final results of the expedited first sunset review of this Order. 3 On March 17, 2009, the Department published the continuation of the Order. 4

    1See Notice of Final Determination of Sales at Less Than Fair Value: Barium Carbonate From the People's Republic of China, 68 FR 46577 (August 6, 2003) (“Final Determination”).

    2See Antidumping Duty Order: Barium Carbonate From the People's Republic of China, 68 FR 56619 (October 1, 2003) (“Order”).

    3See Barium Carbonate From the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 74 FR 882 (January 9, 2009).

    4See Barium Carbonate From the People's Republic of China: Continuation of Antidumping Duty Order, 74 FR 11348 (March 17, 2009).

    On February 3, 2014, the Department initiated the second five-year (“sunset”) review of the AD order on barium carbonate from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the “Act”).5 As a result of its review, the Department determined that revocation of the antidumping duty order on barium carbonate from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.6 On February 6, 2015, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on barium carbonate from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.7

    5See Initiation of Five-Year (“Sunset”) Review, 79 FR 6163 (February 3, 2014).

    6See Barium Carbonate From the People's Republic of China: Final Results of Expedited Second Sunset Review of the Antidumping Duty Order, 79 FR 32221 (June 4, 2014) and accompanying Issues and Decision Memorandum.

    7See Barium Carbonate From China: Determination, 80 FR 6766 (February 6, 2015); see also Barium Carbonate from China (Inv. No. 731-TA-1020 (Second Review), USITC Publication 4518, February 2015).

    Scope of the Order

    The merchandise covered by this order is barium carbonate, regardless of form or grade. The product is currently classifiable under subheading 2836.60.0000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.

    Continuation of the Order

    As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD order on barium carbonate from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation.

    This five-year (“sunset”) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act.

    Dated: February 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-03197 Filed 2-13-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Southeast Region Vessel and Gear Identification Requirements.

    OMB Control Number: 0648-0358.

    Form Number(s): None.

    Type of Request: Regular (revision and extension of a currently approved information collection).

    Number of Respondents: 7,825.

    Average Hours per Response: Vessel marking, 75 minutes; gear marking varies from 10 seconds for cultured live rocks, to 20 minutes for mackerel gillnet buoys.

    Burden Hours: 50,575.

    Needs and Uses: This request is for a regular submission (revision and extension of a currently approved information collection). With this request, OMB Control No. 0648-0359, Southeast Region Gear Identification Requirements is being merged into OMB Control No. 0648-0358, Southeast Region Vessel Identification Requirements.

    The National Marine Fisheries Service (NMFS) Southeast Region manages the U.S. fisheries in the exclusive economic zone (EEZ) of the South Atlantic, Caribbean, and Gulf of Mexico regions under various Fishery Management Plans (FMPs). The Regional Fishery Management Councils prepared the FMPs pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. The regulations implementing the FMPs are located at 50 CFR part 622.

    The recordkeeping and reporting requirements at 50 CFR part 622 form the basis for this collection of information. NMFS Southeast Region requires that all permitted fishing vessels must mark their vessel with the official identification number or some form of identification. A vessel's official number, under most regulations, is required to be displayed on the port and starboard sides of the deckhouse or hull, and weather deck. The official number and color code identifies each vessel and should be visible at distances from the sea and in the air. These markings provide law enforcement personnel with a means to monitor fishing, at-sea processing, and other related activities, to ascertain whether the vessel's observed activities are in accordance with those authorized for that vessel. The identifying number is used by NMFS, the United States Coast Guard (USCG) and other marine agencies in issuing violations, prosecutions, and other enforcement actions. Vessels that qualify for particular fisheries are readily identified, gear violations are more readily prosecuted, and this allows for more cost-effective enforcement.

    Requirements, also at 50 CFR part 622, that fishing gear be marked, are also essential to facilitate enforcement. The ability to link fishing gear to the vessel owner is crucial to enforcement of regulations issued under the authority of the Magnuson-Stevens Act. The marking of fishing gear is also valuable in actions concerning damage, loss, and civil proceedings. The requirements imposed in the Southeast Region are for coral aquacultured live rock; golden crab traps; mackerel gillnet floats; spiny lobster traps; black sea bass pots; and buoy gear.

    Affected Public: Business or other for-profit organizations.

    Frequency: On occasion.

    Respondent's Obligation: Mandatory.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: February 11, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-03151 Filed 2-13-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: West Coast Groundfish Trawl Economic Data Collection.

    OMB Control Number: 0648-0618.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 207.

    Average Hours per Response: Catcher vessels, catcher processors and motherships, 8 hours each; shorebased processors and first receivers, 20 hours.

    Burden Hours: 2,208.

    Needs and Uses: This request is for extension of a currently approved information collection. This information collection is needed in order to meet the monitoring requirements of the Magnuson-Stevens Act (MSA). In particular, the Northwest Fisheries Science Center (NWFSC) needs economic data on all harvesters, first receivers, shorebased processors, catcher processors, and motherships participating in the West Coast groundfish trawl fishery.

    The currently approved collection covers collection of data for the 2011, 2012, and 2013 operating years. The renewed approval will cover years 2014-2016. Data will be collected from all catcher vessels registered to a limited entry trawl endorsed permit, catcher processors registered to catcher processor permits, and motherships registered to mothership permits, first receivers, and shorebased processors that received round or head-and-gutted IFQ groundfish or whiting from a first receiver to provide the necessary information for analyzing the effects of the West Coast Groundfish Trawl Catch Share Program.

    As stated in 50 CFR 660.114, the EDC forms due on September 1, 2015 will provide data for the 2014 operating year.

    Affected Public: Business or other for profit organizations.

    Frequency: Annually.

    Respondent's Obligation: Mandatory.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: February 11, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-03150 Filed 2-13-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; NOAA Customer Surveys AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before April 20, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Sarah Brabson, NOAA Office of the Chief Information Officer, (301) 628-5751 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for extension of a currently approved generic information collection.

    This collection follows the guidelines contained in the OMB Resource Manual for Customer Surveys. In accordance with Executive Order 12862, the National Performance Review, and good management practices, NOAA offices seek approval to continue to gather customer feedback on services and/or products, which can be used in planning for service/product modification and prioritization. Under this generic clearance, individual offices would use approved questionnaires and develop new questionnaires, as needed, by selecting subsets of the approved set of collection questions and tailoring those specific questions to be meaningful for their particular programs. These proposed questionnaires would then be submitted to OMB using a fast-track request for approval process, for which separate Federal Register notices are not required. Surveys currently being conducted include Web site satisfaction surveys, a Chart Users survey, and a Coastal Services Center Training Evaluation.

    The generic clearance will not be used to survey any bodies NOAA regulates unless precautions are taken to ensure that the respondents believe that they are not under any risk for not responding or for the contents of their responses; e.g., in no survey to such a population will the names and addresses of respondents be required.

    II. Method of Collection

    Information will be collected via mail, email or online.

    III. Data

    OMB Control Number: 0648-0342.

    Form Number(s): None.

    Type of Review: Regular submission (extension of a currently approved information collection).

    Affected Public: Individuals or households; not-for-profit institutions; state, local or tribal government; business or other for-profit organizations.

    Estimated Number of Respondents: 24,000.

    Estimated Time per Response: Response times averages 5-10 minutes.

    Estimated Total Annual Burden Hours: 22,500.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: February 11, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-03129 Filed 2-13-15; 8:45 am] BILLING CODE 3510-12-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; U.S. Fishermen Fishing in Russian Waters AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before April 20, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Mark Wildman, (301) 427-8386 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for extension of a currently approved information collection.

    Regulations at 50 CFR part 300, subpart J, govern U.S. fishing in the Economic Zone of the Russian Federation. Russian authorities may permit U.S. fishermen to fish for allocations of surplus stocks in the Russian Economic Zone. Permit application information is sent to the National Marine Fisheries Service (NMFS) for transmission to Russia. If Russian authorities issue a permit, the vessel owner or operator must submit a permit abstract report to NMFS, and also report 24 hours before leaving the U.S. Exclusive Economic Zone (EEZ) for the Russian Economic Zone and 24 hours before re-entering the U.S. EEZ after being in the Russian Economic Zone.

    The permit application information is used by Russian authorities to determine whether to issue a permit. NMFS uses the other information to help ensure compliance with Russian and U.S. fishery management regulations.

    II. Method of Collection

    Paper forms are used for applications. Submission of copies of permits, vessel abstract reports, and departure and return messages are provided by fax.

    III. Data

    OMB Control Number: 0648-0228.

    Form Number(s): None.

    Type of Review: Regular submission (extension of a currently approved information collection).

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 1.

    Estimated Time per Response: 30 minutes.

    Estimated Total Annual Burden Hours: 1.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: February 11, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-03160 Filed 2-13-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Application Forms for Membership on a National Marine Sanctuary Advisory Council AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before April 20, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Gonzalo Cid, (301) 713-7278 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for a revision and extension of a currently approved information collection.

    Section 315 of the National Marine Sanctuaries Act (16 U.S.C. 1445a) allows the Secretary of Commerce to establish one or more advisory councils to provide advice to the Secretary regarding the designation and management of national marine sanctuaries. Advisory councils are individually chartered for each sanctuary to meet the needs of that sanctuary. Once an advisory council has been chartered, the sanctuary superintendent starts a process to recruit members for that council by providing notice to the public and requesting interested parties to apply for the available seat(s) (e.g., Research, Education) and position(s) (i.e., council member or alternate). The information obtained through this application process will be used to determine the qualifications of the applicant for membership on the sanctuary advisory council.

    Two application forms are currently associated with this information collection: (a) National Marine Sanctuary Advisory Council Application form; and (b) National Marine Sanctuary Advisory Council Youth Seat Application form. These application forms are currently being revised to ensure consistency between forms, as well as clarify the information and supplemental materials to be submitted by applicants. Application form instructions will specify requirements imposed upon the agency when reviewing applicants as potential council members or alternates, including the need to assess potential conflicts of interest (or other issues) and the applicant's status as a federally registered lobbyist. Specific questions posed to applicants will be reordered, reworded and, at times, condensed to improve the organization of applicant responses and, thereby, simplify the applicant review process.

    II. Method of Collection

    Complete applications may be submitted electronically via email (with attachments), by mail, or by facsimile transmission.

    III. Data

    OMB Control Number: 0648-0397.

    Form Number(s): None.

    Type of Review: Regular submission (revision and extension of a currently approved information collection).

    Affected Public: Individuals or households; business or other for-profit organizations; not-for-profit institutions.

    Estimated Number of Respondents: 520.

    Estimated Time per Response: 1 hour.

    Estimated Total Annual Burden Hours: 520.

    Estimated Total Annual Cost to Public: $1,040 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: February 11, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-03130 Filed 2-13-15; 8:45 am] BILLING CODE 3510-NK-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Seafood Inspection and Certification Requirements AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before April 20, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to James Appel, (301) 427-8310 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for extension of a currently approved information collection.

    The National Marine Fisheries Service (NMFS) operates a voluntary fee-for- service seafood inspection program (Program) under the authorities of the Agricultural Marketing Act of 1946, as amended, the Fish and Wildlife Act of 1956, and the Reorganization Plan No. 4 of 1970. The regulations for the Program are contained in 50 CFR part 260. The program offers inspection grading and certification services, including the use of official quality grade marks which indicate that specific products have been Federally inspected. Those wishing to participate in the program must request the services and submit specific compliance information. In July 1992, NMFS announced new inspection services, which were fully based on guidelines recommended by the National Academy of Sciences, known as Hazard Analysis Critical Control Point (HACCP). The information collection requirements fall under § 260.15 of the regulations. These guidelines required that a facility's quality control system have a written plan of the operation, identification of control points with acceptance criteria and a corrective action plan, as well as identified personnel responsible for oversight of the system.

    II. Method of Collection

    Respondents have a choice of either electronic or paper forms. Methods of submittal include email of electronic forms, and mail and facsimile transmission of paper forms.

    III. Data

    OMB Control Number: 0648-0266.

    Form Numbers: 89-800, 89-814, 89-819.

    Type of Review: Regular submission (extension of a currently approved information collection).

    Affected Public: Business or other for-profit organizations; Not-for-profit institutions; State, Local, or Tribal government.

    Estimated Number of Respondents: 4,260.

    Estimated Time per Response: Contract Request, 15 minutes; label approval, 15 minutes; Inspection Request, 30 minutes.

    Estimated Total Annual Burden Hours: 10,679.

    Estimated Total Annual Cost to Public: $106,790 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: February 11, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-03131 Filed 2-13-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD772 Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council (Council) will hold an EMERGENCY public meeting of the Council via webinar regarding blueline tilefish.

    DATES:

    The meeting will be held Wednesday, February 25, 2015, from 1:30 p.m. until 4 p.m. via webinar. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The EMERGENCY meeting will be held via webinar with a telephone-only connection option.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D. Executive Director, Mid-Atlantic Fishery Management Council; telephone: (302) 526-5255. The Council's Web site, www.mafmc.org also has details on the meeting location, proposed agenda, webinar listen-in access, and briefing materials.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to consider requesting emergency action by National Marine Fisheries Service under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) for deepwater snapper/grouper species, including blueline tilefish, within the Mid-Atlantic Fishery Management Council's jurisdiction. Several developments precipitated this request, including:

    1. In discussions with NMFS headquarters, the Agency confirmed that the Council can directly request emergency action on these species within our Council's jurisdiction.

    2. Council Chairman Rick Robins was contacted by a commercial North Carolina long-liner who indicated that he intends to begin directing on blueline tilefish in June of this year, within our Council's jurisdiction, and intends to land the fish in New Jersey, where there are no landing limits.

    3. New Jersey has indicated, preliminarily, that they will not be able to implement state regulations before the fishery begins this summer. Connecticut has also indicated that they will not have regulations in place in time for this year's fishery, if at all.

    4. Further communications with the South Atlantic Fishery Management Council staff confirmed that they are scheduled to consider requesting emergency federal action at their March meeting to protect blueline tilefish within the Mid-Atlantic Council's jurisdictional boundaries.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Act, those issues may not be the subject of formal action during this meeting. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.

    Dated: February 11, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-03126 Filed 2-13-15; 8:45 am] BILLING CODE 3510-22-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2015-0003] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is proposing a new information collection request titled, “Consumer and College Credit Card Agreements.”

    DATES:

    Written comments are encouraged and must be received on or before March 19, 2015 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    • Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    • OMB: Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503 or fax to (202) 395-5806. Mailed or faxed comments to OMB should be to the attention of the OMB Desk Officer for the Bureau of Consumer Financial Protection.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.reginfo.gov (this link active on the day following publication of this notice). Select “information Collection Review,” under “Currently under review, use the dropdown menu “Select Agency” and select “Consumer Financial Protection Bureau” (recent submissions to OMB will be at the top of the list). The same documentation is also available at http://www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this email box.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Consumer and College Credit Card Agreements.

    OMB Control Number: 3170-XXXX.

    Type of Review: Request for a new OMB control number for an existing collection without OMB approval.

    Affected Public: Private sector.

    Estimated Number of Respondents: 430.

    Estimated Total Annual Burden Hours: 430.

    Abstract: Sections 204 and 305 of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act) and 12 CFR 226.57(d) and 226.58 require card issuers to submit to the Consumer Financial Protection Bureau (CFPB):

    • Agreements between the issuer and a consumer under a credit card account for an open-end consumer credit plan; and

    • any college credit card agreements to which the issuer is a party and certain additional information regarding those agreements.

    The data collections enable the CFPB to provide consumers with a centralized depository for consumer and college credit card agreements. It also presents information to the public regarding the arrangements between financial institutions and institutions of higher education.

    Request for Comments: The Bureau issued a 60-day Federal Register notice on October 17, 2014, (79 FR 62421). Comments were solicited and continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record.

    Dated: February 3, 2015. Ashwin Vasan, Chief Information Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-03084 Filed 2-13-15; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2015-0007] Privacy Act of 1974; System of Records AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice to add a new System of Records.

    SUMMARY:

    The Department of the Army proposes to add a new system of records, A0025-2 PMG (DFBA) DoD, entitled “Defense Biometric Identification Records System” to facilitate biometric identification (i.e., automated identity verification of individuals by reference to their measurable physiological and/or behavioral characteristics) of U.S. persons who seek access to DoD property, installations, or information; U.S. persons who pose a threat to DoD personnel, assets or missions, or to national security; U.S. persons who are captured, detained, or otherwise encountered by DoD forces during military operations; and U.S. persons for whom DoD has the responsibility to recover or account during or as a result of DoD operations. Information is collected to support DoD military missions, detainee affairs, personnel recovery, force protection, antiterrorism, special operations, stability operations, homeland defense, counterintelligence, and intelligence efforts around the world.

    DATES:

    Comments will be accepted on or before March 19, 2015. This proposed action will be effective the day following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    * Mail: Federal Docket Management System Office, 4800 Mark Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.

    Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Leroy Jones, Jr., Department of the Army, Privacy Office, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905 or by calling (703) 428-6185.

    SUPPLEMENTARY INFORMATION:

    The Department of the Army notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at http://dpcld.defense.gov/. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on December 16, 2014, to the House Committee on Oversight and Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6428).

    Dated: February 11, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. A0025-2 PMG (DFBA) DoD System name:

    Defense Biometric Identification Records System

    System location:

    Department of Defense, Defense Forensics and Biometrics Agency, Biometrics Identity Management Activity, 347 West Main Street, Clarksburg, WV 26306-2947.

    Any DoD location at which any DoD activity operates biometric data collection and/or storage systems (for which notice is not provided elsewhere) that receives, compares, retains, accesses, uses, or forwards biometric data and related information to or from the above-referenced database.

    Categories of individuals covered by the system:

    Individuals covered include members of the U.S. Armed Forces; DoD civilian and contractor personnel; military reserve personnel; Army and Air National Guard personnel; U.S. persons requiring or requesting access to DoD, DoD-controlled, and/or DoD contractor operated, controlled or secured data, information systems, equipment, facilities or installations.

    DoD-affiliated U.S. persons who have been declared missing or prisoners of war; DoD-affiliated U.S. persons who are being detained or held hostage by hostile forces, or non-DoD affiliated U.S. persons known or suspected to be held under such circumstances in an area of DoD operations; U.S. persons recovered from hostile control by DoD personnel or as a result of DoD operations; U.S. persons within the purview of the DoD personnel recovery mission which supports U.S. military, DoD civilian, and DoD contractor personnel while hostilities are ongoing.

    U.S. persons within the purview of the DoD personnel accounting mission which supports U.S. military, DoD civilian, and DoD contractor personnel once hostilities cease; U.S. persons in DoD custody as a result of military operations overseas or due to maritime intercepts; U.S. persons otherwise encountered by DoD forces during military operations.

    U.S. persons lawfully assessed by appropriate authority in accordance with applicable law and policy to pose a potential threat to DoD personnel, installations, assets, information and/or operations.

    U.S. persons who are the subject of pending queries against the subject record system.

    U.S. persons identified during a biometric screening process as a possible identity match to the subject of an existing record within the system, i.e., data regarding persons for whom DoD has good reason to believe there is potential substantive justification for retention, but have not yet been able to absolutely confirm.

    U.S. persons who are misidentified as a possible identity match to the subject of an existing record within the system (“misidentified persons”).

    U.S. persons who are the subject of a redress inquiry that is pending resolution.

    Categories of records in the system:

    This system includes identity records established to support automated identification, authentication, or verification including biometric information and related biographic, contextual, and other information, reports, and data in paper and/or electronic format.

    Records include biometric information, such as images, photos and templates of biological (anatomical and physiological) and/or behavioral characteristics that can be used for automated recognition, including, fingerprints, palm prints, facial images, iris images, DNA, and voice samples.

    Biographic information including name, date of birth, place of birth, height, weight, eye color, hair color, race, gender, social security number, and similar relevant information;

    Contextual information including organization, telephone number, office symbol, security clearance, level of access, and location of collection.

    User information including subject interest codes; user identification codes; globally unique identifiers; data files retained by users; assigned passwords; magnetic tape reel identification; abstracts of computer programs and names and phone numbers of contributors, and similar relevant information;

    Information concerning DoD-affiliated persons who are being detained or held hostage by hostile forces, or non-DoD affiliated U.S. persons known or suspected to be held under such circumstances in an area of DoD operations, such as biographic data, casualty reports, and debriefing reports;

    Information from and electronic images of international federal, state, tribal, or state issued individual identity documents.

    Note:

    This system expressly does not maintain any record or information that is subject to Executive Order 12333, United States intelligence activities; DoDD 5240.01, DoD Intelligence Activities and/or Army Regulation 381-10, U.S. Army Intelligence Activities.

    Authority for maintenance of the system:

    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 3013, Secretary of the Army; Homeland Security Presidential Directive (HSPD)-6, Integration and Use of Screening Information; HSPD-11, Comprehensive Terrorist-Related Screening Procedures; National Security Presidential Directive (NSPD)-59/HSPD-24, Biometrics for Identification and Screening to Enhance National Security; DoD Instruction (DoDI) 2000.12, DoD Antiterrorism (AT) Program; DoD Instruction 2310.05, Accounting for Missing Persons; DoD Directive (DoDD) 2310.07, Personnel Accounting—Losses Due to Hostile Acts; DoDD 5110.10 Defense Prisoner of War/Missing Office Personnel Office (DPMO); DoDI 5200.08, Security of DoD Installations and Resources and the DoD Physical Security Review Board (PSRB); DoDD 8521.01E, Department of Defense Biometrics; DoDD 8500.01, Cybersecurity; DoD 5200.08-R, Physical Security Program; AR 25-2, Information Assurance; AR 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees; and AR 525-13, Antiterrorism.

    Purpose(s):

    To facilitate biometric identification (i.e., automated identity verification of individuals by reference to their measurable physiological and/or behavioral characteristics) of U.S. Persons who seek access to DoD property, installations, or information; U.S. Persons who pose a threat to DoD personnel, assets or missions, or to national security; U.S. Persons who are captured, detained, or otherwise encountered by DoD forces during military operations; and U.S. Persons for whom DoD has the responsibility to recover or account during or as a result of DoD operations. Information is collected to support DoD military missions, detainee affairs, personnel recovery, identification of remains, force protection, antiterrorism, special operations, stability operations, homeland defense, counterintelligence, and intelligence efforts around the world (excluding those intelligence activities identified in the NOTE above).

    Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    To Federal, State, tribal, local, foreign or international agencies, task forces or organizations, for the purposes of law enforcement, counterterrorism, immigration management and control, force protection, personnel recovery and homeland security as authorized by U.S. Law or Executive Order; or for the purpose of protecting the territory, people, and interests of the United States of America against breaches of security related to DoD controlled information or facilities.

    To those federal agencies that have agreed to provide support to DFBA for purposes of ensuring the continuity of DFBA operations.

    To any Federal, State, tribal, local, territorial, foreign, or multinational agency, entity or organization that is engaged in, or is planning to engage in, terrorism screening, or national security threat screening, authorized by the U.S. Government, for the purpose of development, testing, or modification of information technology systems used or intended to be used during or in support of the screening process; whenever practicable, however, DFBA, to the extent possible, will substitute anonymized or de-identified data, such that the identity of the individual cannot be derived from the data.

    To any person or entity in either the public or private sector, domestic or foreign, when reasonably necessary to elicit information or cooperation from the recipient for use by DFBA in the performance of an authorized function, such as obtaining information from data sources as to the thoroughness, accuracy, currency, or reliability of the data provided so that DFBA may review the quality and integrity of its records for quality assurance or redress purposes, and may also assist persons misidentified during a screening process.

    To any Federal, State, tribal, local, territorial, foreign, multinational agency or task force, or any other entity or person that receives information from the U.S. Government for terrorism screening purposes, or national security threat screening purposes, in order to facilitate DFBA's or the recipient's review, maintenance, and correction of DFBA data for quality assurance or redress purposes, and to assist persons misidentified during a screening process.

    To any agency, organization or person for the purposes of (1) performing authorized security, audit, or oversight operations of the DoD, Office of the Provost Marshal General, DFBA, or any agency, organization, or person engaged in or providing information used for terrorism screening, or possible national security threat screening, that is supported by DFBA, and (2) meeting related reporting requirements.

    The DoD Blanket Routine Uses set forth at the beginning of the Army's compilation of systems of records notices may apply to this system.

    Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage:

    Paper records in file folders and electronic storage media.

    Retrievability:

    Name, DNA, biometric template, fingerprints, facial image, iris image.

    Safeguards:

    Computerized records are maintained in a controlled area accessible only to authorized personnel. Physical entry is restricted by the use of locks and guards, and is permitted only to authorized personnel. Physical and electronic access is restricted to designated individuals requiring such access in the performance of official duties. Access to computerized data is restricted by use of common access cards (CACs), and is permitted only to users with authorized accounts. The system and electronic backups are maintained within controlled facilities that employ physical restrictions and safeguards, such as security guards, identification badges, key cards, and locks.

    Retention and disposal:

    Records in this system will be retained and disposed of in accordance with the records schedule approved by the National Archives and Records Administration. In general, records in the Automated Biometric Identification System are destroyed seventy-five years after the end of the calendar year in which the record was submitted or last updated, or when they are no longer needed for military operations or DoD business functions, whichever is later.

    System manager(s) and address:

    Director, Defense Forensics and Biometrics Agency, 251 18th Street South, Suite 244, Arlington, VA 22202-3532.

    Notification procedure:

    Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Director, Defense Forensics and Biometrics Agency, 251 18th Street South, Suite 244, Arlington, VA 22202-3532.

    The requester should provide full name, current address and telephone number, and signature.

    In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

    If executed outside the United States: `I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).'

    If executed within the United States, its territories, possessions, or commonwealths: `'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).'

    Record access procedures:

    Individuals seeking access to information about themselves contained in this system should address written inquiries to Director, Defense Forensics and Biometrics Agency, 251 18th Street South, Suite 244, Arlington, VA 22202-3532.

    The requester should provide full name, current address and telephone number, and signature.

    In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

    If executed outside the United States: `I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).'

    If executed within the United States, its territories, possessions, or commonwealths: `I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).'

    Contesting record procedures:

    The Army's rule for accessing records, contesting contents, and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager.

    Record source categories:

    Information in this system may be provided by the individual; from Military Department, Combatant Command, and other DoD component systems; the Department of Justice, including the Federal Bureau of Investigation (FBI), the Department of Homeland Security, the Department of State, and foreign governments in accordance with applicable law, policy, agreements, and published routine uses.

    Exemptions claimed for the system:

    Investigatory material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source.

    Exempt materials from other sources listed above may become part of the case records in this system of records. To the extent that copies of exempt records from other sources listed above are entered into these case records, the Department of the Army hereby claims the same exemptions, (j)(2) and (k)(2), for the records as claimed by the source systems, specifically to the extent that copies of exempt records may become part of these records from JUSTICE/FBI-019 Terrorist Screening Records System, the Department of the Army hereby claims the same exemptions for the records as claimed at their source (JUSTICE/FBI-019, Terrorist Screening Records System).

    An exemption rule for this exemption has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and published in 32 CFR part 505. For additional information contact the system manager.

    [FR Doc. 2015-03123 Filed 2-13-15; 8:45 am] BILLING CODE 3710-08-P
    DEPARTMENT OF ENERGY [FE Docket No. 14-98-LNG] SCT&E LNG, LLC; Amendment of Notice of Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries AGENCY:

    Office of Fossil Energy, DOE.

    ACTION:

    Amended notice of application and extension of comment period.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy (DOE) is amending a notice of application filed by SCT&E LNG, LLC (SCT&E LNG) on July 24, 2014, and published in the Federal Register on December 19, 2014 (Notice).1 The amended notice adds two environmental documents to the record in the SCT&E LNG docket. It also extends the Public Comment Period, ending February 17, 2015, by 20 days, to March 12, 2015, to ensure that interested parties have sufficient opportunity to review the documents in filing any protests, motions to intervene, notices of intervention, or written comments in response to the Application.

    1 Dep't of Energy, SCT&E LNG, LLC: Application for Long-Term, Multi-Contract Authorization to Export Liquefied Natural Gas to Non-Free Trade Agreement Countries, 79 FR 75796 (Dec. 19, 2014).

    DATES:

    The Public Comment Period, ending February 17, 2015, is extended by 20 days to March 12, 2015. Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed using procedures detailed in the Public Comment Procedures section of the Notice (79 FR 75796) no later than 4:30 p.m., Eastern time.

    ADDRESSES:

    Interested persons may submit comments by any of the following methods:

    Electronic Filing by Email [email protected] Regular Mail U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, P.O. Box 44375, Washington, DC 20026-4375. Hand Delivery or Private Delivery Services U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT:

    Larine Moore or Marc Talbert, U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478; (202) 586-7991. Cassandra Bernstein, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building,

    1000 Independence Avenue SW.,

    Washington, DC 20585,

    (202) 586-9793.

    SUPPLEMENTARY INFORMATION:

    On December 19, 2014, DOE/FE gave notice of receipt of an application (Application), filed on July 24, 2014 (79 FR 75796). The Application, filed under section 3(a) of the Natural Gas Act (NGA), requests long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) to any country with which the United States does not have a free trade agreement requiring national treatment for trade in natural gas and with which trade is not prohibited by U.S. law or policy (non-FTA countries). As set forth in the Notice, SCT&E LNG seeks authorization to export the LNG in a volume up to 12 million metric tons per annum, which SCT&E LNG states is equivalent to approximately 1.6 billion cubic feet (Bcf) per day of natural gas (or 584 Bcf per year). SCT&E LNG seeks authorization to export the LNG by vessel from its proposed LNG terminal, which SCT&E LNG intends to construct, own, and operate on Monkey Island in the Calcasieu Ship Channel in Cameron Parish, Louisiana.2

    2 Additional details can be found in SCT&E LNG's Application, posted on the DOE/FE Web site at: http://energy.gov/fe/downloads/scte-lng-llc-14-98-lng.

    In the prior Notice, DOE/FE invited protests, motions to intervene, notices of intervention, and written comments on the Application during a 60-day Public Comment Period, which is currently scheduled to close no later than 4:30 p.m., Eastern time, February 17, 2015. After publication of the Notice, however, DOE/FE determined that it had inadvertently omitted two environmental documents from the record in the SCT&E LNG docket that potentially bear on SCT&E LNG's requested authorization. Therefore, DOE/FE is amending one section of the Notice, entitled “DOE/FE Evaluation,” to add the two documents identified below to the SCT&E LNG docket. Additionally, to provide interested parties with sufficient opportunity to review these documents in filing any protests, motions to intervene, notices of intervention, or written comments, DOE/FE is extending the comment period by 20 days. All other provisions and procedures of the Notice remain the same. The “DOE/FE Evaluation” section of the Notice is now amended to read as follows:

    FDOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by law or policy. To the extent determined to be relevant, these issues will include the domestic need for the natural gas proposed to be exported, the adequacy of domestic natural gas supply, U.S. energy security, and the cumulative impact of the requested authorization and any other LNG export application(s) previously approved on domestic natural gas supply and demand fundamentals. DOE may also consider other factors bearing on the public interest, including the impact of the proposed exports on the U.S. economy (including GDP, consumers, and industry), job creation, the U.S. balance of trade, and international considerations; and whether the authorization is consistent with DOE's policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. Additionally, DOE will consider the following environmental documents:

    Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014); 3 and

    3 The Addendum and related documents are available at: http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.

    Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 2014).4

    4 The Life Cycle Greenhouse Gas Report is available at: http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.

    Parties that may oppose this Application should address these issues in their comments and/or protests, as well as other issues deemed relevant to the Application.

    The National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its environmental responsibilities.

    Issued in Washington, DC, on February 10, 2015. John A. Anderson, Director, Office of Oil and Gas Global Security and Supply, Office of Oil and Natural Gas.
    [FR Doc. 2015-03145 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Commission to Review the Effectiveness of the National Energy Laboratories AGENCY:

    Department of Energy.

    ACTION:

    Request for comments.

    SUMMARY:

    This notice announces an opportunity to comment on the proposed Interim Report of the Commission to Review the Effectiveness of the National Energy Laboratories (Commission). The Commission was created pursuant section 319 of the Consolidated Appropriations Act, 2014, Public Law 113-76, and in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 2. The report will be posted to the Web site: http://energy.gov/labcommission on Friday, February 13, 2015.

    DATES:

    Interested persons are invited to submit written comments on or before Friday, February 20, 2015. There will also be the opportunity to provide public comment in person at the Commission meeting on February 24, 2015 (9:00 a.m.-12:00 p.m.).

    ADDRESSES:

    Comments should be:

    Emailed to: [email protected]

    Or mailed to: Karen Gibson, Designated Federal Officer, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585.

    • For those interested in providing public comment in person, the February 24th public meeting will take place at the Hilton at Mark Center, Birch Conference Room, 500 Seminary Road, Alexandria VA.

    FOR FURTHER INFORMATION CONTACT:

    Karen Gibson, Designated Federal Officer; email [email protected]; telephone (202) 586-3787.

    SUPPLEMENTARY INFORMATION:

    Background: The Commission was established to provide advice to the Secretary of Energy on the Department's national laboratories. The Commission will review the DOE national laboratories for alignment with the Department's strategic priorities, clear and balanced missions, unique capabilities to meet current energy and national security challenges, appropriate size to meet the Department's energy and national security missions, and support of other Federal agencies. The Commission will also look for opportunities to more effectively and efficiently use the capabilities of the national laboratories and review the use of laboratory directed research and development (LDRD) to meet the Department's science, energy, and national security goals.

    Given the broad scope and aggressive timeline for the report, the Secretary of Energy and Congress agreed to split the study into two phases. The Interim Report contains the preliminary observations and recommendations found in Phase 1 of the study, which consisted of literature review, visits to five of the National Laboratories; interviews with staff from across the National Laboratories, DOE, other Federal agencies, companies, other non-governmental organizations, and additional interested parties; and presentations at public Commission meetings. In Phase 2, the Commission will refine the conclusions of the Interim Report and focus on operational issues affecting the efficiency and effectiveness of the work of the National Laboratories in carrying out their missions. The commissioners will visit the remaining 12 National Laboratories. The Final Report is anticipated in early Fall 2015.

    Issued in Washington, DC, on February 10, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-03142 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY International Energy Agency Meetings AGENCY:

    Department of Energy.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The Industry Advisory Board (IAB) to the International Energy Agency (IEA) will meet on February 24, 2015, at the headquarters of the IEA in Paris, France in connection with a joint meeting of the IEA's Standing Group on Emergency Questions (SEQ) and the IEA's Standing Group on the Oil Market (SOM) on that day, and on February 25, 2015, in connection with a meeting of the SEQ on that day.

    DATES:

    February 24-25, 2015.

    ADDRESSES:

    9, rue de la Fédération, Paris, France.

    FOR FURTHER INFORMATION CONTACT:

    Diana D. Clark, Assistant General Counsel for International and National Security Programs, Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, 202-586-3417.

    SUPPLEMENTARY INFORMATION:

    In accordance with section 252(c)(1)(A)(i) of the Energy Policy and Conservation Act (42 U.S.C. 6272(c)(1)(A)(i)) (EPCA), the following notice of meetings is provided:

    Meetings of the Industry Advisory Board (IAB) to the International Energy Agency (IEA) will be held at the headquarters of the IEA, 9, rue de la Fédération, Paris, France, on February 24, 2015, commencing at 9:30 a.m. and continuing at 9:30 a.m. on February 25, 2015. The purpose of this notice is to permit attendance by representatives of U.S. company members of the IAB at a joint meeting of the IEA's Standing Group on Emergency Questions (SEQ) and the IEA's Standing Group on the Oil Markets (SOM) on February 24 at the same location commencing at 9:30 a.m., and at a meeting of the SEQ on February 25 at the same location commencing at 9:30 a.m. The IAB will also hold a preparatory meeting among company representatives at the same location at 8:30 a.m. on February 25. The agenda for this preparatory meeting is to review the agenda for the SEQ meeting.

    The agenda of the joint meeting of the SEQ and the SOM on February 24 is under the control of the SEQ and the SOM. It is expected that the SEQ and the SOM will adopt the following agenda:

    1. Adoption of the Agenda 2. Approval of the Summary Record of the October 21, 2014 Joint Session 3. Reports on Recent Oil Market and Policy Developments in IEA Countries 4. Update on Offshore Installation Manager Projects and Priorities 5. The Current Oil Market Situation 6. Medium-Term Outlook for OPEC and Non-OPEC Supply 7. Medium-Term Outlook for Demand 8. Medium-Term Outlook for Trade, Refining, and Product Supply 9. The Economic Impact of Lower Oil Prices: Focus on the Middle East, North Africa, the Caucasus, and Central Asia 10. The Natural Gas Market in a Low-Oil-Price Environment 11. The Renewables Industry in a Low-Oil-Price Environment 12. Other Business —Tentative schedule of upcoming SEQ and SOM meetings: —June 23-25, 2015 —October 13-15, 2015

    The agenda of the SEQ meeting on February 25 is under the control of the SEQ. It is expected that the SEQ will adopt the following agenda:

    1. Adoption of the Agenda 2. Approval of the Summary Record of the 143rd Meeting 3. Status of Compliance with IEP Stockholding Obligations 4. Emergency Response Review Program 5. Emergency Response Review of Canada 6. Emegency Response Exercise in China 7. Mid-Term Review of the Netherlands 8. Emergency Response Exercise 7 Evaluation 9. Industry Advisory Board Update 10. Emergency Response Review of Greece 11. Mid-Term Review of Sweden 12. Outreach —APSA/Chile/Colombia 13. Association Update 14. Nexus Forum—Resilience Next Steps 15. Other Business —Tentative schedule of next meetings: —June 23-25, 2015 —October 13-15, 2015

    As provided in section 252(c)(1)(A)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6272(c)(1)(A)(ii)), the meetings of the IAB are open to representatives of members of the IAB and their counsel; representatives of members of the IEA's Standing Group on Emergency Questions and the IEA's Standing Group on the Oil Markets; representatives of the Departments of Energy, Justice, and State, the Federal Trade Commission, the General Accounting Office, Committees of Congress, the IEA, and the European Commission; and invitees of the IAB, the SEQ, the SOM, or the IEA.

    Issued in Washington, DC, February 11, 2015. Diana D. Clark, Assistant General Counsel for International and National Security Programs.
    [FR Doc. 2015-03181 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Electricity Advisory Committee; Meetings AGENCY:

    Office of Electricity Delivery and Energy Reliability, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces an open meeting of the Electricity Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Thursday, March 26, 2015 12:00 p.m.-5:40 p.m.

    Friday, March 26, 2015 8:00 a.m.-12:30 p.m. ADDRESSES:

    Rural Electric Cooperative Association, 4301 Wilson Boulevard, Arlington, Virginia 22203.

    FOR FURTHER INFORMATION CONTACT:

    Matthew Rosenbaum, Office of Electricity Delivery and Energy Reliability, U.S. Department of Energy, Forrestal Building, Room 8G-017, 1000 Independence Avenue SW., Washington, DC 20585; Telephone: (202) 586-1060 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Committee: The Electricity Advisory Committee (EAC) was re-established in July 2010, in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App.2, to provide advice to the U.S. Department of Energy (DOE) in implementing the Energy Policy Act of 2005, executing the Energy Independence and Security Act of 2007, and modernizing the nation's electricity delivery infrastructure. The EAC is composed of individuals of diverse background selected for their technical expertise and experience, established records of distinguished professional service, and their knowledge of issues that pertain to electricity.

    Tentative Agenda: The meeting of the EAC is expected to include an update on the programs and initiatives of DOE's Office of Electricity Delivery and Energy Reliability and the DOE Quadrennial Energy Review. The meeting is also expected to include a briefing by National Laboratory Consortium representatives, discussions on grid modernization, and a panel on ARRA-supported smart grid deployment efforts. Additionally, the meeting is expected to include a discussion of the plans and activities of the Cyber Security Working Group, the Smart Grid Subcommittee, the Power Delivery Subcommittee, and the Energy Storage Subcommittee.

    Tentative Agenda: March 26, 2015 12:00 p.m.-1:00 p.m. EAC Leadership Committee Meeting 12:00 p.m.-1:00 p.m. Registration 1:00 p.m.-1:15 p.m. Welcome, Introductions, Developments since the September 2014 Meeting 1:15 p.m.-1:45 p.m. Update on the DOE Office of Electricity Delivery and Energy Reliability's Programs and Initiatives 1:45 p.m.-2:00 p.m. Opening Remarks 2:00 p.m.-2:30 p.m. Briefing by the National Laboratory Consortium Representatives 2:30 p.m.-2:45 p.m. Break 2:45 p.m.-3:20 p.m. Technology Transfer at DOE 3:20 p.m.-3:55 p.m. ARPA-E Electricity Research Activities and DOE Cross-Agency Plans 3:55 p.m.-4:30 p.m. Grid Architecture 4:30 p.m.-5:05 p.m. Making the Distribution Grid More Open, Efficient, and Resilient 5:05 p.m.-5:25 p.m. EAC Member Discussion of Cyber Security Working Group Plans 5:25 p.m.-5:40 p.m. Wrap-up and Adjourn Day One of March 2015 EAC Meeting Tentative Agenda: March 27, 2015 8:00 a.m.-8:20 a.m. Update on the DOE Quadrennial Energy Review 8:20 a.m.-9:00 a.m. EAC Smart Grid Subcommittee Activities and Plans 9:00 a.m.-9:20 a.m. EAC Member Discussion of Smart Grid Subcommittee Plans 9:20 a.m.-9:30 a.m. Break 9:30 a.m.-10:50 a.m. Panel—ARRA-Supported Smart Grid Deployment Efforts 10:50 a.m.-11:10 a.m. EAC Member Discussion of ARRA-Supported Smart Grid Deployment Efforts 11:10 a.m.-11:20 a.m. EAC Power Delivery Subcommittee Activities and Plans 11:20 a.m.-11:25 a.m. EAC Member Discussion of Power Delivery Subcommittee 11:25 a.m.-11:55 a.m. EAC Energy Storage Subcommittee Activities and Plans 11:55 a.m.-12:10 p.m. EAC Member Discussion of Energy Storage Subcommittee Plans 12:10 p.m.-12:20 p.m. Public Comments (Must register at time of check in) 12:20 p.m.-12:30p.m. Wrap-up and Adjourn March 2015 EAC Meeting

    The meeting agenda may change to accommodate EAC business. For EAC agenda updates, see the EAC Web site at: http://energy.gov/oe/services/electricity-advisory-committee-eac.

    Public Participation: The EAC welcomes the attendance of the public at its meetings. Individuals who wish to offer public comments at the EAC meeting may do so on Friday, March 27, 2015, but must register at the registration table in advance. Approximately 10 minutes will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but is not expected to exceed three minutes. Anyone who is not able to attend the meeting, or for whom the allotted public comments time is insufficient to address pertinent issues with the EAC, is invited to send a written statement to Mr. Matthew Rosenbaum.

    You may submit comments, identified by “Electricity Advisory Committee Open Meeting,” by any of the following methods:

    Mail/Hand Delivery/Courier: Matthew Rosenbaum, Office of Electricity Delivery and Energy Reliability, U.S. Department of Energy, Forrestal Building, Room 8G- 017, 1000 Independence Avenue SW., Washington, DC 20585.

    Email: [email protected] Include “Electricity Advisory Committee Open Meeting” in the subject line of the message.

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and identifier. All comments received will be posted without change to: http://energy.gov/oe/services/electricity-advisory-committee-eac, including any personal information provided.

    Docket: For access to the docket, to read background documents or comments received, go to: http://energy.gov/oe/services/electricity-advisory-committee-eac.

    The following electronic file formats are acceptable: Microsoft Word (.doc), Corel Word Perfect (.wpd), Adobe Acrobat (.pdf), Rich Text Format (.rtf), plain text (.txt), Microsoft Excel (.xls), and Microsoft PowerPoint (.ppt). If you submit information that you believe to be exempt by law from public disclosure, you must submit one complete copy, as well as one copy from which the information claimed to be exempt by law from public disclosure has been deleted. You must also explain the reasons why you believe the deleted information is exempt from disclosure.

    DOE is responsible for the final determination concerning disclosure or nondisclosure of the information and for treating it in accordance with the DOE's Freedom of Information regulations (10 CFR 1004.11).

    Note:

    Delivery of the U.S. Postal Service mail to DOE may be delayed by several weeks due to security screening. DOE, therefore, encourages those wishing to comment to submit comments electronically by email. If comments are submitted by regular mail, the Department requests that they be accompanied by a CD or diskette containing electronic files of the submission.

    Minutes: The minutes of the EAC meeting will be posted on the EAC Web page after 60 days at: http://energy.gov/oe/services/electricity-advisory-committee-eac. They can also be obtained by contacting Mr. Matthew Rosenbaum at the address above.

    Issued in Washington, DC, on February 10, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-03132 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Biomass Research and Development Technical Advisory Committee; Meeting AGENCY:

    Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation.

    DATES:

    Dates and Times:

    March 5, 2015 8:30 a.m.-5:30 p.m. March 6, 2015 8:30 a.m.-1:00 p.m. ADDRESSES:

    Marriott Wardman Park, 2660 Woodley Rd. NW., Washington, DC 20008.

    FOR FURTHER INFORMATION CONTACT:

    Elliott Levine, Designated Federal Officer, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585; (202) 586-1476; Email: [email protected] and Roy Tiley at (410) 997-7778 ext. 220; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of Board: The Committee was established by the Biomass R&D Act of 2000 (Biomass Act), and was subsequently re-authorized in the Agricultural Act of 2014. The Committee provides advice and recommendations to the Secretary of Energy and the Secretary of Agriculture that promote research and development leading to the production of biobased fuels and biobased products.

    Tentative Agenda: Agenda will include the following:

    • Update on USDA Biomass R&D Activities • Update on DOE Biomass R&D Activities • Update on the Biomass Research and Development Initiative • Update on the DOE Bioenergy Technologies Office upcoming Funding Opportunity Announcements • Committee Plan for 2015

    Public Participation: In keeping with procedures, members of the public are welcome to observe the business of the Biomass Research and Development Technical Advisory Committee. To attend the meeting and/or to make oral statements regarding any of the items on the agenda, you must contact Elliott Levine at 202-586-1476; Email: [email protected] and Roy Tiley at (410) 997-7778 ext. 220; Email: [email protected] at least 5 business days prior to the meeting. Members of the public will be heard in the order in which they sign up at the beginning of the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Co-chairs of the Committee will make every effort to hear the views of all interested parties. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. The Co-chairs will conduct the meeting to facilitate the orderly conduct of business.

    Minutes: The minutes of the meeting will be available within 60 days for public review and copying at http://biomassboard.gov/committee/meetings.html.

    Issued at Washington, DC, on February 10, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-03133 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY State Energy Advisory Board; Meetings AGENCY:

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

    ACTION:

    Notice of open teleconference.

    SUMMARY:

    This notice announces a teleconference call of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92-463; 86 Stat.770) requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Thursday, March 19, 2015 from 3:30 p.m. to 4:00 p.m. (EDT). To receive the call-in number and passcode, please contact the Board's Designated Federal Officer at the address or phone number listed below.

    FOR FURTHER INFORMATION CONTACT:

    Monica Neukomm, Policy Advisor, Office of Energy Efficiency and Renewable Energy, US Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585. Phone number 202-287-5189, and email [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: To make recommendations to the Assistant Secretary for the Office of Energy Efficiency and Renewable Energy regarding goals and objectives, programmatic and administrative policies, and to otherwise carry out the Board's responsibilities as designated in the State Energy Efficiency Programs Improvement Act of 1990 (Pub. L. 101-440).

    Tentative Agenda: Receive STEAB Task Force updates on action items and revised objectives for FY 2015, discuss follow-up opportunities and engagement with EERE and other DOE staff as needed to keep Task Force work moving forward, discuss upcoming FY 2015 live Board meetings, and receive updates on member activities within their states.

    Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Members of the public who wish to make oral statements pertaining to agenda items should contact Monica Neukomm at the address or telephone number listed above. Requests to make oral comments must be received five days prior to the meeting; reasonable provision will be made to include requested topic(s) on the agenda. The Chair of the Board is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business.

    Minutes: The minutes of the meeting will be available for public review and copying within 60 days on the STEAB Web site at: www.steab.org.

    Issued at Washington, DC, on February 10, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-03128 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Portsmouth; Meeting 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), Portsmouth. 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, March 5, 2015, 6:00 p.m.

    ADDRESSES:

    Ohio State University, Endeavor Center, Shyville Road, Piketon, Ohio 45661.

    FOR FURTHER INFORMATION CONTACT:

    Greg Simonton, Alternate Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-3737, [email protected]

    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 • Approval of January Minutes • Deputy Designated Federal Officer's Comments • Federal Coordinator's Comments • Liaison's Comments • Presentation • Administrative Issues • Subcommittee Updates • Public Comments • Final Comments from the Board • Adjourn

    Public Participation: The meeting is open to the public. The EM SSAB, Portsmouth, 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 Greg Simonton 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 agenda items should contact Greg Simonton 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 Greg Simonton at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.ports-ssab.energy.gov/.

    Issued at Washington, DC on February 11, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-03149 Filed 2-13-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RD14-13-000] Commission Information Collection Activities (FERC-725F); Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission, DOE.

    ACTION:

    Notice of information collection and request for comments.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-725F (Mandatory Reliability Standard for Nuclear Plant Interface Coordination: Reliability Standard NUC-001-3), as modified in this docket. The Commission previously published a notice in the Federal Register (79 FR 69450, 11/21/2014) requesting public comments. The Commission received no comments and is making this notation in its submittal to OMB.

    DATES:

    Comments on the collection of information are due March 19, 2015.

    ADDRESSES:

    You may submit comments (identified by Docket No. RD14-13-000) by either of the following methods:

    eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Title: FERC-725F (Mandatory Reliability Standard for Nuclear Plant Interface Coordination: Reliability Standard NUC-001-3).

    OMB Control No.: 1902-0249.

    Type of Request: Three-year extension of the FERC-725F information collection requirements.

    Abstract: The Commission requires the information collected by the FERC-725F to implement the statutory provisions of section 215 of the Federal Power Act (FPA).1 On August 8, 2005, the Electricity Modernization Act of 2005, which is Title XII, Subtitle A, of the Energy Policy Act of 2005 (EPAct 2005), was enacted into law.2 EPAct 2005 added a new section 215 to the FPA, which required a Commission-certified Electric Reliability Organization (ERO) to develop mandatory and enforceable Reliability Standards, which are subject to Commission review and approval. Once approved, the Reliability Standards may be enforced by the ERO subject to Commission oversight, or the Commission can independently enforce Reliability Standards.3

    1 16 U.S.C. 824o (2012).

    2 Energy Policy Act of 2005, Pub. L. 109-58, Title XII, Subtitle A, 119 Stat. 594, 941 (2005), 16 U.S.C. 824o.

    3 16 U.S.C. 824o(e)(3).

    On February 3, 2006, the Commission issued Order No. 672, implementing section 215 of the FPA.4 Pursuant to Order No. 672, the Commission certified one organization, the North American Electric Reliability Corporation (NERC), as the ERO. The Reliability Standards developed by the ERO and approved by the Commission apply to users, owners and operators of the Bulk-Power System as set forth in each Reliability Standard.

    4Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, Order No. 672, FERC Stats. & Regs. ¶ 31,204, order on reh'g, Order No. 672-A, FERC Stats. & Regs. ¶ 31,212 (2006).

    On November 19, 2007, NERC filed its petition for Commission approval of the Nuclear Plant Interface Coordination Reliability Standard, designated NUC-001-1. In Order No. 716 the Commission approved the standard while also directing certain revisions.5 Reliability Standard, NUC-001-2, was approved by the Commission on January 21, 2010.6 Revised Reliability Standard NUC-001-3 was filed with the Commission by NERC on September 15, 2014.

    5Mandatory Reliability Standard for Nuclear Plant Interface Coordination, Order No. 716, 125 FERC ¶ 61,065, at P 189 & n.90 (2008), order on reh'g, Order No. 716-A, 126 FERC ¶ 61,122 (2009).

    6North American Electric Reliability Corporation, 130 FERC ¶ 61,051 (2010). When the revised Reliability Standard was approved the Commission, it did not go to OMB for approval. It is assumed that the changes made did not substantively affect the information collection, and therefore a formal submission to OMB was not needed.

    The purpose of Reliability Standard NUC-001-3 is to require “coordination between nuclear plant generator operators and transmission entities for the purpose of ensuring nuclear plant safe operation and shutdown.” 7 Reliability Standard NUC-001-3 applies to nuclear plant generator operators (generally nuclear power plant owners and operators, including licensees of the U.S. Nuclear Regulatory Commission) and “transmission entities,” defined in the Reliability Standard as including a nuclear plant's suppliers of off-site power and related transmission and distribution services. Reliability Standard NUC-001-3 requires a nuclear power plant operator and its suppliers of back-up power and related transmission and distribution services to coordinate concerning nuclear licensing requirements for safe nuclear plant operation and shutdown and system operating limits. Information collection requirements include establishing and maintaining interface agreements, including record retention requirements.

    7See Reliability Standard NUC-001-3, available at http://www.nerc.com/files/NUC-001-3.pdf.

    Type of Respondents: Nuclear power plant owners, operators, and transmission entities

    Estimate of Annual Burden:8 The Commission estimates for the annual public reporting burden for the Reliability Standard NUC-001-3 are unchanged from the estimates in the public notices issued for Reliability Standard NUC-001-2 on 10/30/2014 9 and 1/28/2015 10 in Docket No. IC14-16-000.

    8 The Commission defines burden as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. 5 CFR 1320.3 (2014) (explaining what is included in the information collection burden).

    9 79 FR 61068 (10/9/2014).

    10 80 FR 6067 (2/4/2015).

    Reliability Standard NUC-001-3 represents the implementation of recommendations made by the NERC Five Year Review Team to revise Reliability Standard NUC-001-2. These recommendations include clarifying and conforming changes to update the standard for current use of terminology implemented in other areas of the Reliability Standards, as well as updated violation risk factors and violation severity levels for the evaluation of violations of the Reliability Standard. The burden of complying with the requirements under Reliability Standard NUC-001-3 will not change because the changes from the previous Reliability Standard NUC-001-2 are substantially administrative in nature.

    Comments: Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    Dated: February 9, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-03106 Filed 2-13-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC15-1-000] Commission Information Collection Activities (FERC-598 & FERC-716); Comment Request AGENCY:

    Federal Energy Regulatory Commission, DOE.

    ACTION:

    Comment request.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory Commission (Commission or FERC) is submitting its information collections FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status) and FERC-716 [Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the Federal Power Act (FPA)] to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission previously issued a Notice in the Federal Register (79 FR 68424, 11/17/2014) requesting public comments. The Commission received no comments on either the FERC-598 or the FERC-716 and is making this notation in its submittal to OMB.

    DATES:

    Comments on the collection of information are due by March 19, 2015.

    ADDRESSES:

    Comments filed with OMB, identified either by the OMB Control No. 1902-0166 (FERC-598) or 1902-0170 (FERC-716) should be sent via email to the Office of Information and Regulatory Affairs: [email protected] Attention: Federal Energy Regulatory Commission Desk Officer. The Desk Officer may also be reached via telephone at 202-395-4718.

    A copy of the comments should also be sent to the Commission, in Docket No. IC15-1-000, by either of the following methods:

    eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], by telephone at (202) 502-8663, and by fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Type of Request: Three-year extension of the information collection requirements for all collections described below with no changes to the current reporting requirements. Please note that each collection is distinct from the next.

    Comments: Comments are invited on: (1) Whether the collections of information are necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and cost of the collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collections; and (4) ways to minimize the burden of the collections of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status)

    OMB Control No.: 1902-0166.

    Abstract: The Commission uses the data in the FERC-598 information collection to implement the statutory provisions of Title XII, subchapter F of the Energy Policy Act of 2005 (EPAct 2005).1

    1 Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 594 (2005).

    EPAct 2005 repealed the Public Utility Holding Company Act of 1935 (PUHCA 1935) in its entirety, and adopted in its place the Public Utility Holding Company Act of 2005 (PUHCA 2005). This change enabled the Commission to exempt from the requirements of PUHCA 2005 the holding companies that hold responsibility over wholesale generators from PUHCA 2005 on a case-by-case basis. The Commission amended its regulations (in Order No. 667 2 ) to add procedures for self-certification by entities seeking exempt wholesale generator (EWG) and Foreign Utility Company (FUCO) status. This self-certification is similar to the process available to entities that seek qualifying facility status.

    2Repeal of the Public Utility Holding Company Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005, 70 FR 75592 (2005), order on rehearing, Order 667-A, 71 FR 28446 (2006), order on rehearing, Order 667-B, 71 FR 42750 (2006), order on rehearing, Order 667-C, 118 FERC 61133 (2007).

    An EWG is a “person engaged directly, or indirectly through one or more affiliates . . . and exclusively in the business of owning or operating, or both owning and operating, all or part of one or more eligible facilities and selling electric energy at wholesale.” 3 A FUCO is a company that “owns or operates facilities that are not located in any state and that are used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, if such company: (1) Derives no part of its income, directly or indirectly, from the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, within the United States; and (2) neither the company nor any of its subsidiary companies is a public-utility company operating in the United States.”

    3 18 CFR 366.1.

    An EWG, FUCO, or its representative seeking to self-certify its status must file with the Commission a notice of self-certification demonstrating that it satisfies the definition of EWG or FUCO. In the case of EWGs, the person filing a notice of self-certification must also file a copy of the notice of self-certification with the state regulatory authority of the state in which the facility is located and that person must also represent to the Commission in its submission that it has filed a copy of the notice with the appropriate state regulatory authority.4

    4 18 CFR 366.7.

    Submission of the information collected by FERC-598 is necessary for the Commission to carry out its responsibilities under EPAct 2005.5 The Commission implements its responsibilities through the Code of Federal Regulations (CFR) Title 18 Part 366. These filing requirements are mandatory for entities seeking to self-certify their EWG or FUCO status.

    5 42 U.S.C. 16451 et seq.

    Type of Respondent: EWGs and FUCOs.

    Estimate of Annual Burden: The Commission estimates the annual public reporting burden for the information collection as:

    FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status) Number of
  • respondents
  • Annual number of responses per
  • respondent
  • Total number of responses Average burden
  • & cost per
  • response 6
  • Total annual
  • burden hours &
  • total annual cost
  • Cost per
  • respondent
  • $
  • (1) (2) (1)*(2) = (3) (4) (3)*(4) = (5) (5) ÷ (1) EWGs/FUCOs 102 1 102 6
  • $423
  • 612
  • $43,146
  • $423
    6 The estimates for cost per response are derived using the following formula: Average Burden Hours per Response. * $70.50 per Hour = Average Cost per Response. The cost per hour figure is the FERC average salary plus benefits. Subject matter experts found that industry employment costs closely resemble FERC's regarding the FERC-598 information collection.
    FERC-716, [Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the Federal Power Act (FPA) 7 ]

    7 Previously titled “Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act”.

    OMB Control No.: 1902-0170.

    Abstract: The Commission uses the information collected under the requirements of FERC-716 to implement the statutory provisions of Sections 211 and Section 213 of the Federal Power Act as amended and added by the Energy Policy Act 1992. FERC-716 also includes the requirement to file a Section 211 request if the negotiations between the transmission requestor and the transmitting utility are unsuccessful. For the initial process, the information is not filed with the Commission. However, the request and response may be analyzed as a part of a Section 211 action. The Commission may order transmission services under the authority of FPA 211.

    The Commission's regulations in the Code of Federal Regulations (CFR), 18 CFR 2.20, provide standards by which the Commission determines if and when a valid good faith request for transmission has been made under section 211 of the FPA. By developing the standards, the Commission sought to encourage an open exchange of data with a reasonable degree of specificity and completeness between the party requesting transmission services and the transmitting utility. As a result, 18 CFR 2.20 identifies 12 components of a good faith estimate and 5 components of a reply to a good faith request.

    Type of Respondent: Transmission Requestors and Transmitting Utilities.

    Estimate of Annual Burden: The Commission estimates the annual public reporting burden for the information collection as:

    8 The estimates for cost per response are derived using the following formula: Average Burden Hours per Response * $70.50 per Hour = Average Cost per Response. The cost per hour figure is the FERC average salary plus benefits. Subject matter experts found that industry employment costs closely resemble FERC's regarding the FERC-716 information collection.

    FERC-716 (Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the Federal Power Act (FPA)) Number of
  • respondents
  • Annual
  • number of
  • responses per
  • respondent
  • Total number of responses Average
  • burden and cost per
  • response 8
  • Total annual
  • burden hours and total
  • annual cost
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1) Information exchange between parties 3 1 3 100
  • $7050
  • 300
  • $21,150
  • 7050
    Application submitted to FERC if parties' negotiations are unsuccessful 3 1 3 2.5
  • $176.25
  • 7.5
  • $528.75
  • 176.25
    Total 6 307.5
  • $21,678.75
  • 7,226.25
    Dated: February 11, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-03146 Filed 2-13-15; 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: EC14-140-000; EC14-141-000.

    Applicants: Dynegy Inc., Dighton Power, LLC, Elwood Energy LLC, EquiPower Resources Management, LLC, Kincaid Generation, L.L.C., Lake Road Generating Company, L.P., Liberty Electric Power, LLC, MASSPOWER, Milford Power Company, LLC, Richland-Stryker Generation LLC, Brayton Point Energy, LLC

    Description: Response to January 16, 2015 Request for Additional Information and Request for Shortened Comment Period of the Dynegy Applicants.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5215.

    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: EC14-140-000; EC14-141-000.

    Applicants: Dynegy Inc., Dighton Power, LLC, Elwood Energy LLC, EquiPower Resources Management, LLC, Kincaid Generation, L.L.C., Lake Road Generating Company, L.P., Liberty Electric Power, LLC, MASSPOWER, Milford Power Company, LLC, Richland-Stryker Generation LLC, Brayton Point Energy, LLC.

    Description: Supplement to September 11, 2014 Section 203 Joint Applications of the Dynegy Applicants Regarding Settlement with the Independent Market Monitor for PJM Interconnection, L.L.C.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5216.

    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: EC15-69-000.

    Applicants: Palouse Wind, LLC.

    Description: Application for Authorization for Disposition of Jurisdictional Facilities and Request for Expedited Action of Palouse Wind, LLC.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5283.

    Comments Due: 5 p.m. ET 2/27/15.

    Docket Numbers: EC15-70-000.

    Applicants: Utah Red Hills Renewable Park, LLC.

    Description: Application for Authorization for Disposition of Jurisdictional Facilities and Requests for Waivers and Confidential Treatment of Utah Red Hills Renewable Park, LLC.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5288.

    Comments Due: 5 p.m. ET 2/27/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2331-030; ER14-630-007; ER10-2319-023; ER10-2317-023; ER10-2326-028; ER14-1468-007; ER13-1351-005; ER10-2330-029.

    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power LLC, BE Alabama LLC, BE CA LLC, Cedar Brakes I, L.L.C., KMC Thermo, LLC, Florida Power Development LLC, Utility Contract Funding, L.L.C.

    Description: Supplement to January 20, 2015 Notice of Non-Material Change in Status of the J.P. Morgan Sellers.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5089.

    Comments Due: 5 p.m. ET 3/2/15.

    Docket Numbers: ER10-2543-003; ER14-1153-002; ER11-2159-004; ER10-2604-008; ER10-2602-011; ER10-2609-010; ER10-2606-010.

    Applicants: Verso Androscoggin LLC, Verso Androscoggin Power LLC, Verso Maine Energy LLC, Luke Paper Company, New Page Energy Services, Inc., Consolidated Water Power Company, Escanaba Power Company.

    Description: Notice of Non-Material Change in Status of the Verso MBR and NewPage MBR Entities.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5281.

    Comments Due: 5 p.m. ET 2/27/15.

    Docket Numbers: ER12-1179-022.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing per 35: Amendment in Docket ER12-1179-021—Integrated Marketplace to be effective 3/1/2014.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5239.

    Comments Due: 5 p.m. ET 2/27/15.

    Docket Numbers: ER14-2445-004.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-02-06 Hurdle Rate Errata Compliance Filing to be effective 7/17/2014.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5228.

    Comments Due: 5 p.m. ET 2/27/15.

    Docket Numbers: ER15-1011-000.

    Applicants: Nevada Power Company.

    Description: § 205(d) rate filing per 35.13(a)(2)(iii): Rate Schedule143 NPC Concurrence with CAISO to be effective 2/25/2015.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5229.

    Comments Due: 5 p.m. ET 2/27/15.

    Docket Numbers: ER15-1012-000.

    Applicants: L'Anse Warden Electric Company.

    Description: Compliance filing per 35: Tariff Amendment to be effective 4/7/2015.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5235.

    Comments Due: 5 p.m. ET 2/27/15.

    Take notice that the Commission received the following public utility holding company filings:

    Docket Numbers: PH15-9-000.

    Applicants: Apollo Management VI, L.P., Verso Corporation.

    Description: Apollo Management VI, L.P., et. al. submits FERC 65-B Waiver Notification.

    Filed Date: 2/6/15.

    Accession Number: 20150206-5299.

    Comments Due: 5 p.m. ET 2/27/15.

    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: February 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-03107 Filed 2-13-15; 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: EL15-22-000; ER10-2475-006; ER13-521-002; ER13-520-002; ER13-1442-002; ER13-1441-002; ER13-1273-002; ER13-1272-002; ER13-1271-002; ER13-1270-002; ER13-1269-002; ER13-1268-002; ER13-1267-002; ER13-1266-003; ER12-21-013; ER12-1626-003; ER10-3246-003; ER10-2605-006; ER10-2474-006.

    Applicants: Nevada Power Company, Sierra Pacific Power Company, PacifiCorp, Agua Caliente Solar, LLC, Pinyon Pines Wind I, LLC, Pinyon Pines Wind II, LLC, Solar Star California XIX, LLC, Solar Star California XX, LLC, Topaz Solar Farms LLC, CalEnergy, LLC, CE Leathers Company, Del Ranch Company, Elmore Company, Fish Lake Power LLC, Salton Sea Power Generation Company, Salton Sea Power L.L.C., Vulcan/BN Geothermal Power Company, Yuma Cogeneration Associates.

    Description: Response to Show Cause Order of the Berkshire Hathaway Energy MBR Sellers.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5120.

    Comments Due: 5 p.m. ET 3/2/15.

    Docket Numbers: ER10-1285-005.

    Applicants: Craven County Wood Energy Limited Partnership.

    Description: Notice of Non-Material Change in Status of Craven County Wood Energy Limited Partnership.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5177.

    Comments Due: 5 p.m. ET 3/2/15.

    Docket Numbers: ER13-1523-002; ER12-1875-003.

    Applicants: Blythe Energy Inc., AltaGas Renewable Energy Colorado LLC.

    Description: Notice of Change in Status of Blythe Energy Inc. and AltaGas Renewable Energy Colorado LLC.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5186.

    Comments Due: 5 p.m. ET 3/2/15.

    Docket Numbers: ER15-372-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment per 35.17(b): Response to Request for Additional Information and Errata, PJM SA 1141 to be effective 10/10/2014.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5202.

    Comments Due: 5 p.m. ET 3/2/15.

    Docket Numbers: ER15-1013-000.

    Applicants: WSPP Inc.

    Description: § 205(d) rate filing per 35.13(a)(2)(iii): 2015 Normal to be effective 4/10/2015.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5087.

    Comments Due: 5 p.m. ET 3/2/15.

    Docket Numbers: ER15-1014-000.

    Applicants: The Connecticut Light and Power Company, Public Service Company of New Hampshire, Western Massachusetts Electric Company.

    Description: Northeast Utilities Service Company on behalf of The Connecticut Light and Power Company, et. al. submits Notice of Cancellation of Service Agreements.

    Filed Date: 2/9/15.

    Accession Number: 20150209-5130.

    Comments Due: 5 p.m. ET 3/2/15.

    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: February 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-03108 Filed 2-13-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-14-000] Texas Gas Transmission, LLC; Supplemental Notice of Intent To Prepare an Environmental Assessment for the Proposed Southern Indiana Market Lateral Project and Request for Comments on Environmental Issues

    On January 9, 2015, the Federal Energy Regulatory Commission (FERC or Commission) issued a “Notice of Intent to Prepare an Environmental Assessment for the Proposed Southern Indiana Market Lateral Project and Request for Comments on Environmental Issues” (NOI). The entire environmental mailing list was not provided copies of the NOI; therefore, the Commission is issuing this Supplemental NOI to extend the scoping period and provide additional time for interested parties to file comments on environmental issues.

    The staff of the Commission will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Southern Indiana Market Lateral Project involving construction and operation of facilities by Texas Gas Transmission, LLC (Texas Gas) in Henderson County, Kentucky and Posey County, Indiana. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity.

    The Commission continues to gather input from the public and interested agencies on the project. This process is referred to as scoping. Your input will help the Commission staff determine what issues they need to evaluate in the EA. The NOI identified February 9, 2015 as the close of the scoping period. Please note that the scoping period is now extended and will close on March 12, 2015.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Texas Gas provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically-asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC Web site (www.ferc.gov).

    Summary of the Proposed Project

    Texas Gas proposes to construct and operate a new approximately 29.9-mile-long, 20-inch-diameter natural gas pipeline lateral and an approximate 0.9-mile-long, 10-inch-diameter natural gas pipeline lateral extending from Texas Gas' facilities in Henderson County, Kentucky to interconnections with two industrial facilities in Posey County, Indiana. The Southern Indiana Market Lateral Project would provide about 166,000 million British thermal units per day of firm transportation capacity. According to Texas Gas, its project would provide two new customers with natural gas service.

    The Southern Indiana Market Lateral Project would consist of the following facilities:

    • About 29.9 miles of 20-inch-diameter natural gas pipeline lateral;

    • about 0.9 mile of 10-inch-diameter natural gas pipeline lateral; and

    • a mainline inspection launcher, mainline valve, and two meter and regulator stations.

    The general location of the project facilities is shown in appendix 1.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE., Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 611.2 acres of land for the aboveground facilities and the pipeline. Following construction, Texas Gas would maintain about 198.4 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses. About 6 percent of the proposed pipeline route parallels existing pipeline, utility, or road rights-of-way.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA.

    2 “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • Geology and soils;

    • land use;

    • water resources, fisheries, and wetlands;

    • cultural resources;

    • vegetation and wildlife;

    • air quality and noise;

    • endangered and threatened species; and

    • public safety.

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received during the scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section below.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for Section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under Section 106.

    4 The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Public Participation

    You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before March 12, 2015.

    For your convenience, there are three methods which you can use to submit your comments to the Commission. In all instances please reference the project docket number (CP15-14-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for interested persons to submit brief, text-only comments on a project;

    (2) You can file your comments electronically using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    If we publish and distribute the EA, copies will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the User's Guide under the “e-filing” link on the Commission's Web site.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site at www.ferc.gov using the “eLibrary” link. Click on the eLibrary link, click on “General Search” and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP15-14). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: February 10, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-03147 Filed 2-13-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2014-0925, FRL-9922-93-OSWER] Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System AGENCY:

    Environmental Protection Agency.

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System (EPA ICR No. 0801.20, OMB Control No. 2050-0039) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through May 31, 2015. 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:

    Comments must be submitted on or before April 20, 2015.

    ADDRESSES:

    Submit your comments, referencing by Docket ID No. EPA-HQ-RCRA-2014-0925, online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    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:

    Bryan Groce, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, (5304P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 308-8750; fax number: (703) 308-0514; email address: g[email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: This ICR covers recordkeeping and reporting activities for the hazardous waste manifest paper system, under the Resource Conservation and Recovery Act (RCRA). EPA's authority to require use of a manifest system stems primarily from RCRA 3002(a)(5) (also RCRA Sections 3003(a)(3) and 3004.) Regulations are found in 40 CFR part 262 (registrant organizations and generators), part 263 (transporters), and parts 264 and 265 (TSDFs). The manifest lists the wastes that are being shipped and the treatment, storage, or disposal facility (TSDF) to which the wastes are bound. Generators, transporters, and TSDFs handling hazardous waste are required to complete the data requirements for manifests and other reports primarily to: (1) Track each shipment of hazardous waste from the generator to a designated facility; (2) provide information requirements sufficient to allow the use of a manifest in lieu of a Department of Transportation (DOT) shipping paper or bill of lading, thereby reducing the duplication of paperwork to the regulated community; (3) provide information to transporters and waste management facility workers on the hazardous nature of the waste; (4) inform emergency response teams of the waste's hazard in the event of an accident, spill, or leak; and (5) ensure that shipments of hazardous waste are managed properly and delivered to their designated facilities.

    On February 7, 2014, EPA published the electronic manifest (e-Manifest) Final Rule. The final rule established new manifest requirements that authorized the use of electronic manifests (or e-Manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. EPA is taking action now to establish the national e-Manifest system, but unknown variables (e.g., funding contingencies for e-Manifest system development) could delay the actual deployment of the system. Therefore, until EPA announces that the e-Manifest system is available for use in a subsequent Federal Register document, all respondents under the information collection requirements covered in this ICR (i.e., hazardous waste generators, transporters, and treatment, storage, and disposal facilities (TSDFs)) must continue to comply with the current paper-based manifest system and use the existing paper manifests forms for the off-site transportation of hazardous waste shipments. The EPA anticipates that the initial system will become available for use no later than spring 2018.

    Form Numbers: Form 8700-22 and 8700-22A.

    Respondents/affected entities: Business or other for-profit.

    Respondent's obligation to respond: mandatory (RCRA 3002(a)(5)).

    Estimated number of respondents: 161,720.

    Frequency of response: each shipment.

    Total estimated burden: 3,473,577 hours. Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $105,622,281, which includes $974,463 annualized labor costs and $2,092,291 annualized capital or O&M costs.

    Changes in Estimates: The burden hours are likely to stay substantially the same.

    Dated: February 5, 2015. Barnes Johnson, Director, Office of Resource Conservation and Recovery.
    [FR Doc. 2015-03153 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2014-0926, FRL-9922-92-OSWER] Agency Information Collection Activities; Proposed Collection; Comment Request; Facility Ground-Water Monitoring Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Facility Ground-Water Monitoring Requirements (EPA ICR No. 0959.15, OMB Control No. 2050-0033) 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.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through May 31, 2015. 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:

    Comments must be submitted on or before April 20, 2015.

    ADDRESSES:

    Submit your comments, referencing by Docket ID No. EPA-HQ-RCRA-2014-0926, online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    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:

    Peggy Vyas, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 703-308-5477; fax number: 703-308-8433; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Subtitle C of the Resource Conservation and Recovery Act (RCRA) creates a comprehensive program for the safe management of hazardous waste. Section 3004 of RCRA requires owners and operators of facilities that treat, store, or dispose of hazardous waste to comply with standards established by EPA that are to protect the environment. Section 3005 provides for implementation of these standards under permits issued to owners and operators by EPA or authorized States. Section 3005 also allows owners and operators of facilities in existence when the regulations came into effect to comply with applicable notice requirements to operate until a permit is issued or denied. This statutory authorization to operate prior to permit determination is commonly known as “interim status.” Owners and operators of interim status facilities also must comply with standards set under Section 3004.

    This ICR examines the ground-water monitoring standards for permitted and interim status facilities at 40 CFR parts 264 and 265, as specified. The ground-water monitoring requirements for regulated units follow a tiered approach whereby releases of hazardous contaminants are first detected (detection monitoring), then confirmed (compliance monitoring), and if necessary, are required to be cleaned up (corrective action). Each of these tiers requires collection and analysis of ground-water samples. Owners or operators that conduct ground-water monitoring are required to report information to the oversight agencies on releases of contaminants and to maintain records of ground-water monitoring data at their facilities. The goal of the ground-water monitoring program is to prevent and quickly detect releases of hazardous contaminants to groundwater, and to establish a program whereby any contamination is expeditiously cleaned up as necessary to protect human health and environment.

    Form Numbers: None.

    Respondents/affected entities: Entities potentially affected by this action are Business or other for-profit; and State, Local, or Tribal Governments.

    Respondent's obligation to respond: Mandatory (RCRA 3004).

    Estimated number of respondents: 818.

    Frequency of response: Quarterly, semi-annually, and annually.

    Total estimated burden: 84,391 hours. Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $18,322,083, which includes $3,770,485 annualized labor costs and $14,551,598 annualized capital or O&M costs.

    Changes in Estimates: The burden hours are likely to stay substantially the same.

    Dated: February 2, 2015. Barnes Johnson, Director, Office of Resource Conservation and Recovery.
    [FR Doc. 2015-03158 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2013-0677; FRL-9922-58] Receipt of Test Data Under the Toxic Substances Control Act AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA is announcing its receipt of test data submitted pursuant to a test rule issued by EPA under the Toxic Substances Control Act (TSCA). As required by TSCA, this document identifies each chemical substance and/or mixture for which test data have been received; the uses or intended uses of such chemical substance and/or mixture; and describes the nature of the test data received. Each chemical substance and/or mixture related to this announcement is identified in Unit I. under SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kathy Calvo, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8089; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Chemical Substances and/or Mixtures

    Information about the following chemical substance and/or mixture is provided in Unit IV.: D-erythro-hex-2-enonic acid, gamma,-lactone, monosodium salt (CAS No. 6381-77-7).

    II. Federal Register Publication Requirement

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a notice in the Federal Register reporting the receipt of test data submitted pursuant to test rules promulgated under TSCA section 4 (15 U.S.C. 2603).

    III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-HQ-OPPT-2013-0677, has been established for this Federal Register document that announces the receipt of data. Upon EPA's completion of its quality assurance review, the test data received will be added to the docket for the TSCA section 4 test rule that required the test data. Use the docket ID number provided in Unit IV. to access the test data in the docket for the related TSCA section 4 test rule.

    The docket for this Federal Register document and the docket for each related TSCA section 4 test rule is available electronically at http://www.regulations.gov or in person at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    IV. Test Data Received

    This unit contains the information required by TSCA section 4(d) for the test data received by EPA. D-erythro-hex-2-enonic acid, gamma,-lactone, monosodium salt (CAS No. 6381-77-7):

    1. Chemical uses: Antioxidant in food applications for which the vitamin activity of ascorbic acid (Vitamin C) is not required. Specifically, the compound is most frequently used to develop and retain the coloring and taste in meat products. It is also used for seafood products, fruit, and vegetable preservation, in beverages, and as a developing agent in photographic applications.

    2. Applicable test rule: Chemical testing requirements for second group of high production volume chemicals (HPV2), 40 CFR 799.5087.

    3. Test data received: The following listing describes the nature of the test data received. The test data will be added to the docket for the applicable TSCA section 4 test rule and can be found by referencing the docket ID number provided. EPA reviews of test data will be added to the same docket upon completion.

    Ready Biodegredation. The docket ID number assigned to this data is EPA-HQ-OPPT-2007-0531.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: February 10, 2015. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2015-03154 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [3060-1126] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority 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 the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 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 Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before April 20, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Benish Shah, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact [email protected], (202) 418-7866.

    SUPPLEMENTARY INFORMATION:

    OMB Control No.: 3060-1126.

    Title: Section 10.350, Testing Requirements for the Commercial Mobile Alert System (CMAS).

    Form No.: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Businesses or other for-profit.

    Number of Respondents and Responses: 146 respondents; 1,752 responses.

    Estimated Time per Response: 0.00114155251 hours (2.5 seconds).

    Frequency of Response: Monthly and on occasion reporting requirement and recordkeeping requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403 and 606 of the Communications Act of 1934, as amended, as well as by sections 602(a), (b), (c), (f), 603, 604 and 606 of the WARN Act.

    Total Annual Burden: 2 hours.

    Total Annual Cost: None.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality.

    Needs and Uses: As required by the Warning, Alert, and Response Network (WARN) Act, Public Law 109-347, the Federal Communications Commission adopted final rules to establish a Commercial Mobile Alert System (CMAS), under which Commercial Mobile Service (CMS) providers may elect to transmit emergency alerts to the public, see Second Report and Order and Further Notice of Proposed Rulemaking, FCC 08-164. In order to ensure that the CMAS operates efficiently and effectively, the Commission will require participating CMS providers to receive required monthly test messages initiated by the Federal Alert Gateway Administrator, to test their infrastructure and internal CMAS delivery systems by distributing the monthly message to their CMAS coverage area, and to log the results of the tests. The Commission will also require periodic testing of the interface between the Federal Alert Gateway and each CMS Provider Gateway to ensure the availability and viability of both gateway functions. The CMS Provider Gateways must send an acknowledgement to the Federal Alert Gateway upon receipt of these interface test messages.

    The Commission, the Federal Alert Gateway and participating CMS providers will use this information to ensure the continued functioning of the CMAS, thus complying with the WARN Act and the Commission's obligation to promote the safety of life and property through the use of wire and radio communication.

    Federal Communications Commission. Sheryl A. Segal, Associate Secretary for Information Management, Office of the Secretary, Office of the Managing Director.
    [FR Doc. 2015-03081 Filed 2-13-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0414] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority 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 the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 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 Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before April 20, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Number: 3060-0414.

    Title: Terrain Shielding Policy.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities, not-for-profit institutions, State, Local or Tribal Government.

    Number of Respondents and Responses: 25 respondents; 25 responses.

    Estimated Time per Response: 1 hour.

    Frequency of Response: On occasion reporting requirement; Third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 Sections 154(i) and 303 of the Communications Act of 1934, as amended.

    Total Annual Burden: 25 hours.

    Total Annual Cost: $56,250.

    Privacy Impact Assessment(s): No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality and respondents are not being asked to submit confidential information to the Commission.

    Needs and Uses: The terrain shielding policy requires respondents to submit either a detailed terrain study, or to submit letters of assent from all potentially affected parties and graphic depiction of the terrain when intervening terrain prevents a low power television applicant from interfering with other low power television or full-power television stations. FCC staff uses the data to determine if terrain shielding can provide adequate interference protection and if a waiver of 47 CFR 74.705 and 74.707 of the rules is warranted.

    Federal Communications Commission. Sheryl A. Segal, Associate Secretary for Information Management, Office of the Secretary, Office of the Managing Director.
    [FR Doc. 2015-03080 Filed 2-13-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 3, 2015.

    A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566:

    1. William Shanks, Versailles, Ohio, individually and The Shanks Family Control Group consisting of William Shanks, Margaret Shanks, Elizabeth Blevins, all of Versailles, Kentucky, and Willard Wickstrom, Louisville, Kentucky; to retain voting shares of Citizens Commerce Bancshares, and thereby indirectly retain voting shares of Citizens Commerce National Bank, both in Versailles, Kentucky.

    B. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Sally F. Duncan, Mt. Zion, Illinois, individually and as trustee of the Henry M. B. Wilson Irrevocable Trust, Henry M.B. Wilson, Sullivan, Illinois, individually and as beneficiary with the power to remove any trustee of the Henry M. B. Wilson Irrevocable Trust, and the Henry M. B. Wilson Irrevocable Trust, Sullivan, Illinois; individually and all of the foregoing as a group acting in concert to acquire voting shares of Sullivan Bancshares, Inc., and thereby indirectly acquire voting shares of First National Bank of Sullivan, both in Sullivan, Illinois.

    Board of Governors of the Federal Reserve System, February 11, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-03120 Filed 2-13-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 3, 2015.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. David B. Pogrund, Chicago, Illinois, and Randy L. Green, Highland Park, Illinois, as co-trustees of 153 trusts for family members of the late Sanford Takiff, and acting in concert with the Takiff Family Foundation, Glencoe, Illinois, an Illinois not-for-profit corporation, controlled by its directors, Sherri Zirlin, Glencoe, Illinois; Elizabeth Scheinfeld, Glencoe, Illinois; Jill Hirsh, Glencoe, Illinois; and Bobette Takiff, Glencoe, Illinois; and Sherri Zirlin, individually; Elizabeth Scheinfeld, individually; and Jill Hirsh, individually, to retain all the outstanding voting stock of Bank of Highland Park Financial Corp., Highland Park, Illinois, and thereby indirectly control First Bank of Highland Park, Highland Park, Illinois.

    B. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:

    1. HopFed Bancorp 2015 Employee Stock Ownership Plan with John E. Peck and Billy C. Duvall as trustees, all of Hopkinsville, Kentucky; to acquire voting shares of HopFed Bancorp, Inc., Hopkinsville, Kentucky and thereby indirectly acquire share of Heritage Bank, USA, Inc., Hopkinsville, Kentucky.

    2. Wanda L. Rednour, individually, and as trustee of the Bypass Trust UWO John E. Rednour; to retain voting shares of Perry County Bancorp, Inc., and thereby indirectly retain voting shares of Du Quoin State Bank, all of Du Quoin, Illinois.

    Board of Governors of the Federal Reserve System, February 10, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-03083 Filed 2-13-15; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [Notice-2015-PM-01; Docket No. 2015-0002; Sequence No. 1] Notice of Intent To Prepare a Supplemental Draft Environmental Impact Statement for the Federal Bureau of Investigation Central Records Complex in Winchester County, Virginia AGENCY:

    U.S. General Services Administration (GSA).

    ACTION:

    Notice.

    SUMMARY:

    Pursuant to the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations, the GSA announces its intent to prepare a Supplement to the Final Environmental Impact Statement (EIS), from May 2007, analyzing the environmental impacts of site acquisition and development of the Federal Bureau of Investigation (FBI), Central Records Complex (CRC), in Winchester County, Virginia.

    DATES:

    February 17, 2015.

    ADDRESSES:

    Submit public comments by March 19, 2015. Written comments may be mailed to Courtenay Hoernemann, Project Environmental Planner, 20 N 8th Street, Philadelphia, PA 19107, or via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: GSA began the site selection process for an approximately 100 acre site in Frederick County, Virginia in 2006 in order to procure via lease construction a central records storage facility for the FBI. The facility, referred to as the CRC, would consolidate FBI's records currently housed within the Washington DC area, in addition to field offices and information technology centers nationwide.

    The project requirements were 947,000 rentable square feet consisting of three buildings; an office building, a records storage facility, and a data center. The center would accommodate 1,300 employees and 1,225 parking spaces. Three sites were considered for site selection. As part of the site selection process, GSA prepared an Environmental Impact Statement (EIS) and Record of Decision (ROD) completed in May 2007 for the selected alternative, the Sempeles Site. GSA continued with the procurement process, however was unable to successfully award a lease due to market conditions and the specialized nature of the facility.

    FBI then determined that the records storage piece of the project was the number one priority, and it was decided that the best way to move forward with meeting this mission critical function was through a federal construction funding request. The revised project requirements are now for an overall square footage of 256,425 gross square feet, to include the records storage building, support area, visitor's screening facility, service center, and guard booth; parking would be at 427 spaces.

    Current Efforts: In 2014, federal funding was approved, and a notice was put out on FedBizOps for expressions of interest for sites at a minimum of 40 acres and a maximum of 108 acres. As a result of GSA's and FBI's evaluations, including environmental reconnaissance and application of site criteria, a short list of three (3) sites has been reached, one of which was in the 2007 EIS, the Sempeles Site, now referred to as Whitehall Commerce Center.

    The Supplemental Draft EIS will evaluate potential direct, indirect, and cumulative impacts from construction at the three site alternatives, as well as the no action alternative. Relevant and reasonable measures that could avoid or mitigate environmental effects will also be analyzed. Additionally, GSA will undertake any consultations required by applicable laws or regulations, including the National Historic Preservation Act.

    The Supplemental Draft EIS is being prepared to address changes to the proposed action that are relevant to environmental concerns, as required under NEPA (40 CFR 1502.9), and the following three sites will serve as alternatives:

    Alternative 1: Arcadia Route 50 Property, 2117 Millwood Pike, Winchester VA.

    Alternative 2: Blackburn Limited Partnership, Apple Valley Road, Winchester, VA.

    Alternative 3: Whitehall Commerce Center, Route 669 & Route 11, Clear Brook, VA.

    The Supplemental Draft EIS will incorporate by reference and build upon the analyses presented in the 2007 Final EIS, and will document the Section 106 process under the National Historic Preservation Act of 1966, as amended (36 CFR part 800).

    A public scoping period and public scoping meeting for the proposed action were held in January 2006. However, in light of the amount of time that has transpired, changes to project requirements, and new site alternatives, a public comment period will commence on the date of this notice and be open for 30 days to allow the public to submit comments concerning the project.

    Future notices will be published to announce the availability of the Supplemental Draft EIS and additional opportunities for public input.

    No decision will be made to implement any alternative until the NEPA process is completed and a Record of Decision is signed.

    Dated: February 5, 2015. Toby Tobin, Acting Division Director, Facilities Management & Services Programs Division, U.S. GSA, Mid-Atlantic Region.
    [FR Doc. 2015-02974 Filed 2-13-15; 8:45 am] BILLING CODE 6820-89-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990-new-30D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Assistant Secretary for Health, Office of Adolescent Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit a new Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before March 19, 2015.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier HHS-OS-0990-New-30D for reference.

    Information Collection Request Title: Positive Adolescent Futures (PAF) Implementation Study

    Abstract: The Office of Adolescent Health (OAH), U.S. Department of Health and Human Services (HHS) is requesting approval by OMB on a new collection. The Positive Adolescent Futures (PAF) Study will provide information about program design, implementation, and impacts through a rigorous assessment of program impacts and implementation. This proposed information collection request includes instruments related to the in-depth implementation study that complements the impact study. The data collected from these instruments will provide a detailed understanding of program implementation.

    Need and Proposed Use of the Information: The data will serve two main purposes. First, the information will enable the study team to produce clear, detailed descriptions of each intervention that is evaluated and the counterfactual in each site. This documentation is critical for understanding the meaning of impact estimates. Second, the data will be used to assess fidelity of implementation and the quality of program delivery. This information is essential for determining whether the interventions were implemented well and whether the evaluation provided a good test of each site's intervention.

    Likely Respondents: The 105 program administrators and case managers and 200 youth participants in 3 impact study sites.

    The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Semi-structured interview 8 2 1 16 Staff focus group 13 1 1 13 Staff survey 35 1 .6 21 Program attendance and content coverage protocol 2 12 .5 12 Youth focus group 67 1 1.5 100.5 Total 162.5

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Darius Taylor, Information Collection Clearance Officer.
    [FR Doc. 2015-03103 Filed 2-13-15; 8:45 am] BILLING CODE 4168-11-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research Community Living and Participation and, Health and Function AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information

    National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Disability and Rehabilitation Research Projects (DRRPs)—Community Living and Participation, and Health and Function Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Numbers: Health and Function of Individuals with Disabilities: 84.133A-3 (Research) and 84.133A-8 (Development); Community Living and Participation of Individuals with Disabilities: 84.133A-4 (Research) and 84.133A-9 (Development). Note:

    This notice invites applications for separate competitions. For funding and other key information for each of these competitions, see the chart in the Award Information section of this notice.

    DATES:

    Applications Available: February 17, 2015.

    Note:

    On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: March 10, 2015.

    Deadline for Notice of Intent To Apply: March 24, 2015.

    Deadline for Transmittal of Applications: April 20, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities to develop methods, procedures, and rehabilitation technology. The Program's activities are designed to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Disability and Rehabilitation Research Projects (DRRPs)

    The purpose of DRRPs, which are under NIDILRR's Disability and Rehabilitation Research Projects and Centers Program, is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by developing methods, procedures, and rehabilitation technologies that advance a wide range of independent living and employment outcomes for individuals with disabilities, especially individuals with the most severe disabilities. DRRPs carry out one or more of the following types of activities, as specified and defined in 34 CFR 350.13 through 350.19: Research, training, demonstration, development, dissemination, utilization, and technical assistance. Additionally information on DRRPs can be found at: http://www2.ed.gov/programs/drrp/index.html.

    Priorities: There are three priorities for the grant competitions announced in this notice. Three priorities are from the notice of final priorities and definitions for this program, published in the Federal Register on May 7, 2013 (78 FR 26513). One priority is from the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers Program, published in the Federal Register on April 28, 2006 (71 FR 25472).

    Absolute Priorities: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from these competitions, these priorities are absolute priorities. Under 45 CFR part 75 we consider only applications that meet these program priorities.

    These priorities are:

    Priority 1—DRRP on Community Living and Participation of Individuals With Disabilities Priority 2—DRRP on Health and Function of Individuals With Disabilities Note:

    The full text of these priorities is included in the notice of final priorities and definitions published in the Federal Register on May 7, 2013 (78 FR 26513) and in the application package for these competitions.

    Priority 3—General DRRP Requirements Note:

    The full text of this priority is included in the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers Program, published in the Federal Register on April 28, 2006 (71 FR 25472) and in the application package for these competitions.

    Program Authority:

    29 U.S.C. 764(a).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75 (b) Audit Requirements for Federal Awards in 45 CFR part 75 Subpart F; (c) 45 CFR part 75 Non-procurement Debarment and Suspension; (d) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); (e) The regulations for this program in 34 CFR part 350; (f) The notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program published in the Federal Register on April 28, 2006 (71 FR 25472); and (g) The notice of final priorities and definitions for this program, published in the Federal Register on May 7, 2013 (78 FR 26513).

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $2,000,000.

    Maximum Award: See chart.

    Estimated Number of Awards: See chart.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: See chart.

    CFDA number and name Applications
  • available
  • Deadline for
  • transmittal of
  • applications
  • Estimated available funds Maximum award amount (per year) 1 2 3 Estimated number of awards Project period (months)
    84.133A-4 (Research) and 84.133A-9 (Development), Community Living and Participation of Individuals with Disabilities February 17, 2015 April 20, 2015 $500,000 $500,000 2 60 84.133A-3 (Research) and 84.133A-8 (Development), Health and Function of Individuals with Disabilities February 17, 2015 April 20, 2015 500,000 500,000 2 60 1 Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 and any subsequent year from the list of unfunded applicants from these competitions. 2 We will reject any application that proposes a budget exceeding the Maximum Amount. The Administrator of the Administration for Community Living may change the maximum amount through a notice published in the Federal Register. 3 The maximum award amount includes both direct and indirect costs.
    III. Eligibility Information

    1. Eligible Applicants: States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations.

    2. Cost Sharing or Matching: Cost sharing for this program is required by 34 CFR 350.62(a). NIDILRR requires that grantees provide cost sharing in the amount of at least 1% of Federal funds.

    3. Other: Different selection criteria are used for DRRP research grants and development grants. Applicants under each priority must clearly indicate in the application whether they are applying for a research grant (84.133A-3 or 84.133A-4) or a development grant (84.133A-8, or 84.133A-9) and must address the selection criteria relevant to that grant type. Without exception, NIDILRR will review each application based on the grant designation made by the applicant. Applications will be determined ineligible and will not be reviewed if they do not include a clear designation as a research grant or a development grant.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected].

    If you request an application from Patricia Barrett, be sure to identify these competitions as follows: CFDA number 84.133A-3 (Research) or 84.133A-8 Development; 84.133A-4 (Research), or 84.133A-9 (Development).

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for the competitions announced in this notice.

    Notice of Intent to Apply: Due to the open nature of the DRRP priorities announced here, and to assist with the selection of reviewers for this competition, NIDILRR is requesting all potential applicants to submit a letter of intent (LOI). The submission is not mandatory and the content of the LOI will not be peer reviewed or otherwise used to rate an applicant's application.

    Each LOI should be limited to a maximum of four pages and include the following information: (1) The title of the proposed project, the name of the applicant, the name of the Project Director or Principal Investigator (PI), and the names of partner institutions and entities; (2) a brief statement of the vision, goals, and objectives of the proposed project and a description of its proposed activities at a sufficient level of detail to allow NIDILRR to select potential peer reviewers; (3) a list of proposed project staff including the Project Director or PI and key personnel; (4) a list of individuals whose selection as a peer reviewer might constitute a conflict of interest due to involvement in proposal development, selection as an advisory board member, co-PI relationships, etc.; and (5) contact information for the Project Director or PI. Submission of a LOI is not a prerequisite for eligibility to submit an application.

    NIDILRR will accept the optional LOI via mail (through the U.S. Postal Service or commercial carrier) or email, by March 24, 2015. The LOI must be sent to: Carolyn Baron, U.S. Department of Health and Human Services, 550 12th Street SW., Room 5134, PCP, Washington, DC 20202; or by email to: [email protected].

    For further information regarding the LOI submission process, contact Carolyn Baron at (202) 245-6211.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 75 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III).

    An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (Plan) when preparing its application. The Plan is organized around the following research domains: (1) Community Living and Participation; (2) Health and Function; and (3) Employment.

    3. Submission Dates and Times:

    Applications Available: February 17, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held on March 10, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff from the Administration for Community Living between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Deadline for Notice of Intent to Apply: March 24, 2015.

    Deadline for Transmittal of Applications: April 20, 2015.

    Applications for grants under these competitions must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is not subject to Executive Order 12372.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Health and Human Services, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one-to-two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under the program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications

    Applications for grants under the Community Living and Participation, and Health and Function DRRP competitions, CFDA numbers 84.133A-4 (Research) and 84.133-9 (Development); and 84.133A-3 (Research) and 84.133A-8 (Development), must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Community Living and Participation, and Health and Function DRRP competitions at www.Grants.gov. You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133A).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at http://www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system;

    and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. FAX: (202) 245-7323.

    Your paper application must be submitted in accordance with the mail instructions described in this notice.

    b. Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.133A-3 (Research) or 84.133A-8 (Development); 84.133A-4 (Research) or 84.133A-9 (Development); 550 12th Street SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Administrator of the Administration for Community Living of the U.S. Department of Health and Human Services.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    Note for Mail of Paper Applications:

    If you mail your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the program under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 350.54 and are listed in the application package.

    2. Review and Selection Process: Final award decisions will be made by the Administrator, ACL. In making these decisions, the Administrator will take into consideration: Ranking of the review panel; reviews for programmatic and grants management compliance; the reasonableness of the estimated cost to the government considering the available funding and anticipated results; and the likelihood that the proposed project will result in the benefits expected. Under Section 75.205, item (3) history of performance is an item that is reviewed.

    In addition, in making a competitive grant award, the Administrator of the Administration for Community Living also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Health and Human Services 45 CFR part 75.

    3. Special Conditions: Under 45 CFR part 75 the Administrator of the Administration for Community Living may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 45 CFR part 75, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we send you a Notice of Award (NOA); or we may send you an email containing a link to access an electronic version of your NOA. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the NOA. The NOA also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 45 CFR part 75 should you receive funding under the competition. This does not apply if you have an exception under 45 CFR part 75.

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Administrator of the Administration for Community Living. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Administrator of the Administration for Community Living under 45 CFR part 75. All NIDILRR grantees will submit their annual and final reports through NIDILRR's online reporting system and as designated in the terms and conditions of your NOA. The Administrator of the Administration for Community Living may also require more frequent performance reports under 45 CFR part 75. For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) FFATA and FSRS Reporting

    The Federal Financial Accountability and Transparency Act (FFATA) requires data entry at the FFATA Subaward Reporting System (http://www.FSRS.gov) for all sub-awards and sub-contracts issued for $25,000 or more as well as addressing executive compensation for both grantee and sub-award organizations.

    For further guidance please see the following link: http://www.acl.gov/Funding_Opportunities/Grantee_Info/FFATA.aspx

    If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information. Annual and Final Performance reports will be submitted through NIDILRR's online Performance System and as designated in the terms and conditions of your NOA. At the end of your project period, you must submit a final performance report, including financial information.

    Note:

    NIDILRR will provide information by letter to successful grantees on how and when to submit the report.

    4. Performance Measures: To evaluate the overall success of its research program, NIDILRR assesses the quality of its funded projects through a review of grantee performance and accomplishments. Each year, NIDILRR examines a portion of its grantees to determine:

    • The number of products (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices developed or tested with NIDILRR funding) that have been judged by expert panels to be of high quality and to advance the field.

    • The average number of publications per award based on NIDILRR-funded research and development activities in refereed journals.

    • The percentage of new NIDILRR grants that assess the effectiveness of interventions, programs, and devices using rigorous methods.

    NIDILRR uses information submitted by grantees as part of their Annual Performance Reports for these reviews.

    5. Continuation Awards: In making a continuation award, the Administrator of the Administration for Community Living may consider, under 45 CFR part 75, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Administrator also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department. Continuation funding is also subject to availability of funds.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-03121 Filed 2-13-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research—Disability and Rehabilitation Research Projects and Centers Program—Rehabilitation Engineering Research Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Disability and Rehabilitation Research Projects and Centers Program—Rehabilitation Engineering Research Centers (RERCs)—Individual Mobility and Manipulation, Information and Communication Technologies Access, and Physical Access and Transportation. Notice inviting applications for new awards for fiscal year (FY) 2015. Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.133E-1, 84.133E-3, and 84.133E-5. Note:

    This notice invites applications for three separate competitions. For funding and other key information for each of the three competitions, see the chart in the Award Information section of this notice.

    DATES:

    Applications Available: February 17, 2015.

    Note:

    On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: March 10, 2015.

    Deadline for Notice of Intent To Apply: March 24, 2015.

    Deadline for Transmittal of Applications: April 20, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program (Program) is to plan and conduct research, demonstration projects, training, and related activities, including international activities, to develop methods, procedures, and rehabilitation technology. The Program's activities are designed to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Engineering Research Centers Program

    The purpose of the RERCs program, which is funded through the Program, is to improve the effectiveness of services authorized under the Rehabilitation Act. The RERCs program encourages advanced engineering research, develops and evaluates innovative technologies, facilitates service delivery system changes, stimulates the production and distribution of new technologies and equipment in the private sector, and provides training opportunities. RERCs seek to solve rehabilitation problems and remove environmental barriers to improvements in employment, community living and participation, and health and function outcomes of individuals with disabilities.

    The general requirements for RERCs are set out in subpart D of 34 CFR part 350 (What Rehabilitation Engineering Research Centers Does the Secretary Assist?).

    Additional information on the RERCs program can be found at: www.ed.gov/rschstat/research/pubs/index.html.

    Priorities: NIDILRR has established three priorities for the three competitions announced in this notice. These priorities are from the notice of final priorities for this program, published in the Federal Register on June 11, 2013 (78 FR 34897).

    Absolute Priorities: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from these competitions, these priorities are absolute priorities. Under 45 CFR part 75, for each competition, we consider only applications that meet the program priority designated for that competition.

    These priorities are:

    Absolute priority Corresponding competition CFDA No. Individual Mobility and Manipulation 84.133E-1 Information and Communication Technologies Access 84.133E-3 Physical Access and Transportation 84.133E-5 Note:

    The full text of these priorities is included in the notice of final priorities published in the Federal Register on June 11, 2013 (78 FR 34897) and in the applicable application package.

    Program Authority: 29 U.S.C. 762(g) and 764(b)(3)(A).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75 (b) Audit Requirements for Federal Awards in 45 CFR part 75 Subpart F; (c) 45 CFR part 75 Non-procurement Debarment and Suspension; (d) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); The regulations for this program in 34 CFR part 350; and (f) The notice of final priorities for this program, published in the Federal Register on June 11, 2013 (78 FR 34897).

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $2,775,000.

    Maximum Award: See chart.

    Estimated Number of Awards: See chart.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: See chart.

    CFDA Number and name Applications available Deadline for transmittal of applications Estimated available funds1 Maximum award amount (per year)2 3 Estimated number of awards Project period
  • (months)
  • 84.133E-1, Individual Mobility and Manipulation February 17, 2015 April 20, 2015 $925,000 $925,000 1 60 84.133E-3, Information and Communication Technologies Access February 17, 2015 April 20, 2015 925,000 925,000 1 60 84.133E-5, Physical Access and Transportation February 17, 2015 April 20, 2015 925,000 925,000 1 60 1 Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 or any subsequent year from the list of unfunded applicants from this competition. 2 We will reject any application that proposes a budget exceeding the maximum amount. The Administration for Community Living may change the maximum amount through a notice published in the Federal Register. 3 The maximum award amount includes both direct and indirect costs.
    III. Eligibility Information

    1. Eligible Applicants: States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Education, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you request an application from Patricia Barrett, be sure to identify these competitions as follows: CFDA number 84.133E-1 Individual Mobility and Manipulation; 84.133E-3 Information and Communication Technologies Access; or 84.133E-5 Physical Access and Transportation.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for each competition announced in this notice.

    Notice of Intent to Apply: Due to the open nature of the priorities in these competitions, and to assist with the selection of reviewers for these competitions, NIDILRR is requesting all potential applicants submit a letter of intent (LOI). The submission is not mandatory and the content of the LOI will not be peer reviewed or otherwise used to rate an applicant's application.

    Each LOI should be limited to a maximum of four pages and include the following information: (1) The priority to which the potential applicant is responding; (2) the title of the proposed project, the name of the applicant, the name of the Project Director or Principal Investigator (PI), and the names of partner institutions and entities; (3) a brief statement of the vision, goals, and objectives of the proposed project and a description of its proposed activities at a sufficient level of detail to allow NIDILRR to select potential peer reviewers; (4) a list of proposed project staff including the Project Director or PI and key personnel; (5) a list of individuals whose selection as a peer reviewer might constitute a conflict of interest due to involvement in proposal development, selection as an advisory board member, co-PI relationships, etc.; and (6) contact information for the Project Director or PI. Submission of a LOI is not a prerequisite for eligibility to submit an application.

    NIDILRR will accept the optional LOI via mail (through the U.S. Postal Service or commercial carrier) or email, by March 24, 2015. The LOI must be sent to: Carolyn Baron, U.S. Department of Health and Human Services, 550 12th Street SW., Room 5134, PCP, Washington, DC 20202; or by email to: [email protected]

    For further information regarding the LOI submission process, contact Carolyn Baron at (202) 245-6211. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 100 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III).

    An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (Plan) when preparing its application. The Plan is organized around the following research domains: (1) Community Living and Participation; (2) Health and Function; and (3) Employment.

    3. Submission Dates and Times:

    Applications Available: February 17, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held on March 10, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Deadline for Notice of Intent To Apply: March 24, 2015. Deadline for Transmittal of Applications: April 20, 2015.

    Applications for grants under these competitions must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is not subject to Executive Order 12372.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Health and Human Services, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one-to-two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under the program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the RERC competitions (CFDA numbers 84.133E-1, 84.133E-3 and 84.133E-5) must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access an electronic grant application for the RERC competitions (CFDA numbers 84.133E-1, 84.133E-3 and 84.133E-5) at www.Grants.gov. You must search for the downloadable application package for the applicable competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133E).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at http://www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, PCP, Washington, DC 20202-2700. FAX: (202) 245-7323.

    Your paper application must be submitted in accordance with the mail instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.133E-1, 84.133E-3 or 84.133E-5), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Administrator of the Administration for Community Living of the U.S. Department of Health and Human Services.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    Note for Mail of Paper Applications: If you mail your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the program under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for the competitions announced in this notice are from 34 CFR 350.54 and are listed in the application package.

    2. Review and Selection Process: Final award decisions will be made by the Administrator, ACL. In making these decisions, the Administrator will take into consideration: The rank order of the peer review panel; reviews for programmatic and grants management compliance; the reasonableness of the estimated cost to the government considering the available funding and anticipated results; and the likelihood that the proposed project will result in the benefits expected. Under 45 part Section 75.205, item (3) history of performance is an item that is reviewed.

    In addition, in making a competitive grant award, the Administrator of the Administration for Community Living also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Health and Human Services.

    3. Special Conditions: Under 45 CFR part 75, the Administrator of the Administration for Community Living may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 45 CFR part 75, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we send you a Notice of Award (NOA); or we may send you an email containing a link to access an electronic version of your NOA. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the NOA. The NOA also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 45 CFR part 75 should you receive funding under the competition. This does not apply if you have an exception under 45 CFR part 75.

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Administrator of the Administration for Community Living. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Administrator of the Administration for Community Living under 45 CFR part 75. All NIDILRR grantees will submit their annual and final reports through NIDILRR's online reporting system and as designated in the terms and conditions of your NOA. The Administrator of the Administration for Community Living may also require more frequent performance reports under 45 CFR part 75. For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) FFATA and FSRS Reporting

    The Federal Financial Accountability and Transparency Act (FFATA) requires data entry at the FFATA Subaward Reporting System (http://www.FSRS.gov) for all sub-awards and sub-contracts issued for $25,000 or more as well as addressing executive compensation for both grantee and sub-award organizations.

    For further guidance please see the following link: http://www.acl.gov/Funding_Opportunities/Grantee_Info/FFATA.aspx

    If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information. Annual and Final Performance reports will be submitted through NIDILRR's online Performance System and as designated in the terms and conditions of your NOA. At the end of your project period, you must submit a final performance report, including financial information.

    Note:

    NIDILRR will provide information by letter to successful grantees on how and when to submit the report.

    4. Performance Measures: To evaluate the overall success of its research program, NIDILRR assesses the quality of its funded projects through a review of grantee performance and accomplishments. Each year, NIDILRR examines a portion of its grantees to determine:

    • The number of products (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices developed or tested with NIDILRR funding) that have been judged by expert panels to be of high quality and to advance the field.

    • The average number of publications per award based on NIDILRR-funded research and development activities in refereed journals.

    • The percentage of new NIDILRR grants that assess the effectiveness of interventions, programs, and devices using rigorous methods.

    NIDILRR uses information submitted by grantees as part of their Annual Performance Reports for these reviews.

    5. Continuation Awards: In making a continuation award, the Administrator of the Administration for Community Living may consider, under 45 CFR part 75, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Administrator also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department. Continuation funding is also subject to availability of funds.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-03122 Filed 2-13-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-5514-N] Medicare Program; Oncology Care Model: Request for Applications AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces a request for applications (RFA) for organizations to participate in the Oncology Care Model (OCM) beginning in 2016.

    DATES:

    Letter of Intent Submission Deadline: As described on the CMS Innovation Center Web site at http://innovation.cms.gov/initiatives/Oncology-Care/, interested payers must submit a nonbinding letter of intent by 5:00 p.m. Eastern Daylight Time (EDT) on March 19, 2015. Interested practices must submit a nonbinding letter of intent by 5:00 p.m. EDT on April 23, 2015.

    Application Submission Deadline: Applications for payers and practices must be received by 5:00 p.m. EDT on June 18, 2015. Application materials and instructions are available at http://innovation.cms.gov/initiatives/Oncology-Care/.

    ADDRESSES:

    Letter of Intent forms must be submitted electronically in the PDF fillable format to [email protected] Letters of Intent will only be accepted via email. Applicants that submit a timely, complete Letter of Intent will be sent an authenticated web link and password with which to access the electronic, web-based application.

    FOR FURTHER INFORMATION CONTACT:

    [email protected] for questions regarding the application process of OCM.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Center for Medicare and Medicaid Innovation (Innovation Center), within the Centers for Medicare & Medicaid Services (CMS), was created to test innovative payment and service delivery models to reduce program expenditures while preserving or enhancing the quality of care for Medicare, Medicaid, and Children's Health Insurance Program (CHIP) beneficiaries.

    We are committed to continuous improvement for Medicare, Medicaid and CHIP beneficiaries. The goal of the Oncology Care Model (OCM) is to improve the health outcomes for people with cancer, improve the quality of cancer care, and reduce spending for cancer treatment. We expect that physician practices selected for participation in the model will be able to transform care delivery for their patients undergoing chemotherapy, leading to improved quality of care for beneficiaries at a decreased cost to payers. Through this care transformation, practices participating in OCM can reduce Medicare expenditures while improving cancer care for Medicare Fee-for-Service (FFS) beneficiaries.

    Beneficiaries can experience improved health outcomes when health care providers work in a coordinated and person-centered manner. We are interested in partnering with payers and practitioners who are working to redesign care to deliver these aims. Episode-based payment approaches that reward practitioners who improve the quality of care they deliver, lower costs, and engage with quality and cost data that will inform their provision of care are potential mechanisms for CMS to further emphasize care coordination and enhanced care through practice transformation.

    OCM will test episode-based payment for oncology care, using a retrospective performance-based payment for an episode of chemotherapy. The request for applications (RFA) requests applications to test a model centered around a chemotherapy episode of care. For more details, see the RFA available on the Innovation Center Web site at http://innovation.cms.gov/initiatives/Oncology-Care/.

    II. Provisions of the Notice

    The Innovation Center is operating this model under the authority of section 1115A of the Social Security Act (the Act). This RFA is directed to physician practices that provide oncology care as well as public and other health care payers. The Innovation Center hopes to engage at least 100 physician practices that, in aggregate, will furnish care for approximately 175,000 cancer care episodes for Medicare beneficiaries over the course of this 5-year model.

    The Innovation Center sees the following as key opportunities within OCM:

    • Promote shared decision-making, person-centered communication, evidence-based care, beneficiary access to care, and coordination across providers and settings.

    • Reduce complications of cancer and cancer treatments, as well as associated costs, through advanced care planning, increased use of high-value treatments, and reduction of inappropriate payment incentives.

    • Collect structured clinical data and integrate clinical trial enrollment into processes of care to facilitate quality improvement and accelerate clinical research.

    • Support the development and reporting of meaningful outcome measures.

    • Develop and monitor refined approaches to care delivery, which may improve the research infrastructure (for example, by facilitating improvement in the quality of evidence for existing therapies).

    • Encourage delivery of care in the lowest-cost medically-appropriate setting.

    • Refine a value-based payment system that encourages team-based care and workforce innovation.

    Participating practices must be able to meet the following practice requirements during the performance period:

    1. Treat patients with therapies consistent with nationally recognized clinical guidelines.

    2. Provide and attest to 24 hours a day, 7 days a week patient access to an appropriate clinician who has real-time access to practice's medical records.

    3. Use of ONC-certified electronic health record (EHR) technology as described in the RFA.

    4. Utilize data for continuous quality improvement.

    5. Provide core functions of patient navigation.

    6. Document a care plan that contains the 13 components in the Institute of Medicine Care Management Plan.

    Participating practices in OCM will continue to receive standard Medicare FFS payments during OCM episodes. OCM will also provide an opportunity for participating practices to receive retrospective episode-based performance payments. After calculating the benchmark for each OCM participant, CMS will set a target price for chemotherapy episodes, which includes a discount. Participants whose Medicare expenditures are below the target price may receive semi-annual lump-sum performance-based payments, subject to the achievement of quality measures. In addition to the performance-based payments, participants will receive a Per-Beneficiary-Per-Month payment (PBPM) for Medicare beneficiaries with nearly all cancer types for each of the 6 months of the episode. The monthly PBPM payment is intended to pay for the enhanced services driven by the practice requirements, aimed at transforming practices towards comprehensive, person-centered, and coordinated care. The OCM PBPM is $160 per OCM beneficiary per month for the duration of each 6-month episode, and will remain constant for the 5-year model.

    OCM also aims to incorporate other payers in addition to Medicare, such as commercial insurers and state Medicaid agencies. Payers must also be able to meet the following requirements for participation in the model:

    1. Commit to participation in OCM for its 5-year duration, and start performance period no later than 90 days after OCM-FFS' performance period.

    2. Sign a Memorandum of Understanding with the Innovation Center.

    3. Enter into agreements with physician practices participating in OCM that include requirements to provide high quality care.

    4. Share model methodologies with the Innovation Center.

    5. Provide payments to practices for enhanced services and performance as required in the RFA.

    6. Align practice quality and performance measures with OCM, when possible.

    7. Provide participating practices with aggregate and patient-level data about payment and utilization for their patients receiving care in OCM, at regular intervals.

    The OCM start date is expected to be in spring 2016.

    For more specific details regarding OCM (including the RFA), we refer applicants to the informational materials on the Innovation Center Web site at: http://innovation.cms.gov/initiatives/Oncology-Care/. Applicants are responsible for monitoring the Web site to obtain the most current information available.

    III. Collection of Information Requirements

    Section 1115A(d)(3) of the Act, as added by section 3021 of the Affordable Care Act (Pub. L. 111-148), states that chapter 35 of title 44, United States Code (the Paperwork Reduction Act of 1995), shall not apply to the testing and evaluation of models or expansion of such models under this section. Consequently, this document need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35).

    Dated: December 22, 2014. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-03060 Filed 2-12-15; 11:15 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Title: Uniform Project Description (UPD) Program Narrative Format for Discretionary Grant Application Forms.

    OMB No.: 0970-0139.

    Description: The proposed information collection would renew the Administration for Children and Families (ACF) Uniform Project Description (UPD). The UPD provides a uniform grant application format for applicants to submit project information in response to ACF discretionary funding opportunity announcements. ACF uses this information, along with other OMB-approved information collections (Standard Forms), to evaluate and rank applications. Use of the UPD helps to protect the integrity of ACF's award selection process. All ACF discretionary grant programs are required to use this application format. An ACF application consists of general information and instructions; the Standard Form 424 series, which requests basic information, budget information, and assurances; the Project Description that requests the applicant to describe how program objectives will be achieved; a rationale for the project's budgeted costs; and other assurances and certifications. Guidance for the content of information requested in the Project Description is based in OMB Circular 45 CFR 75.203.

    Respondents: Applicants to ACF Discretionary Funding Opportunity Announcements.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden
  • hours
  • ACF Uniform Project Description 4,850 1 60 291,000

    Estimated Total Annual Burden Hours: 291,000.

    In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    ACF specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2015-03144 Filed 2-13-15; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2012-D-0148] Complicated Urinary Tract Infections: Developing Drugs for Treatment; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled “Complicated Urinary Tract Infections: Developing Drugs for Treatment.” The purpose of this guidance is to assist sponsors in the clinical development of drugs for the treatment of complicated urinary tract infections (cUTIs). This guidance finalizes the revised draft guidance of the same name issued on February 24, 2012.

    DATES:

    Submit either electronic or written comments on Agency guidances at any time.

    ADDRESSES:

    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Bldg., 4th Floor, Silver Spring, MD 20993. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Joseph G. Toerner, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6244, Silver Spring, MD 20993-0002, 301-796-1300.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a guidance for industry entitled “Complicated Urinary Tract Infections: Developing Drugs for Treatment.” The purpose of this guidance is to assist sponsors in the development of drugs for the treatment of cUTIs.

    This guidance includes recommendations for an efficacy endpoint and noninferiority trial design. The efficacy endpoint, based on resolution of clinical symptoms and eradication of bacteria from the urinary tract, was derived from previously conducted clinical trials for the treatment of cUTI. The guidance provides a scientific justification for a noninferiority margin based on historical observational data compared to the results of previously conducted clinical trials. After careful consideration of comments received in response to the revised draft guidance issued on February 24, 2012, important clarifications about trial populations and endpoints for cUTI were included in this guidance. In addition, this guidance reflects recent developments in scientific information that pertain to drugs being developed for the treatment of cUTI.

    Issuance of this guidance fulfills a portion of the requirements of title VIII, section 804, of the Food and Drug Administration Safety and Innovation Act (Pub. L. 112-144), which requires FDA to review and, as appropriate, revise not fewer than three guidance documents per year for the conduct of clinical trials with respect to antibacterial and antifungal drugs.

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the Agency's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations.

    II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR parts 312 and 314 have been approved under OMB control numbers 0910-0014 and 0910-0001, respectively.

    III. Comments

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

    IV. Electronic Access

    Persons with access to the Internet may obtain the document at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: February 10, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-03100 Filed 2-13-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] Society of Clinical Research Associates—Food and Drug Administration; “Food and Drug Administration Clinical Trial Requirements, Regulations, Compliance and Good Clinical Practice” AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of Public Workshop.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the following conference: Educational Conference co-sponsored with the Society of Clinical Research Associates (SOCRA). The public workshop FDA's clinical trial requirements is designed to aid the Clinical Research Professional's understanding of the mission, responsibilities and authority of the FDA and to facilitate interaction with FDA representatives. The program will focus on the relationships among the FDA and clinical trial staff, investigators and institutional review boards (IRB). Individual FDA representatives will discuss the informed consent process and informed consent documents; regulations relating to drugs, devices and biologics, as well as inspections of clinical investigators, of IRB, and of research sponsors.

    Date and Time: The conference will be held on March 11 and 12, (Wednesday and Thursday) 2015, from 8:00 a.m. to 5 p.m.

    Location: The conference will be held at the Holiday Inn Golden Gateway Hotel, 1500 Van Ness Ave., San Francisco, CA 91409, 415-441-4000.

    Attendees are responsible for their own accommodations. Please mention SOCRA to receive the hotel room rate of $159.00 plus applicable taxes (available until February 13, 2015, or until the SOCRA room block is filled).

    Contact Person: Jane Kreis, Food and Drug, Administration, 1301 Clay St., Suite 1180N, Oakland, CA 94612, 510-287-2708, FAX: 510-287-2739 or Society of Clinical Research Associates (SOCRA), 530 West Butler Ave., Suite 109, Chalfont, PA 18914. 800-762-7292 or 215-822-8644, FAX: 215-822-8633, email: [email protected] Web site: www.socra.org. (FDA has verified the Web site addresses throughout this document, but we are not responsible for any subsequent changes to the Web sites after this document publishes in the Federal Register).

    Registration: The registration fee will cover actual expenses including refreshments, lunch, materials and speaker expenses. Seats are limited; please submit your registration as soon as possible. Workshop space will be filled in order of receipt of registration. Those accepted into the workshop will receive confirmation. The cost of the registration is as follows: SOCRA member—$575, SOCRA nonmember (includes membership)—$650, Federal Government member—$450.00, Federal Government nonmember—$525.00, FDA Employee—(free) Fee Waived.

    If you need special accommodations due to a disability, please contact SOCRA (see Contact Person) at least 21 days in advance.

    Extended periods of question and answer and discussion have been included in the program schedule. SOCRA designates this education activity for a maximum of 13.3 Continuing Education Credits for SOCRA continuing education (CE) and Nurse continuing nurse education (CNE), SOCRA designates this live activity for a maximum of 13.3 American Medical Association Physician's Recognition Award Category 1 Credit(s)TM. Physicians should claim only the credit commensurate with the extent of their participation. Continuing medical education (CME) for Physicians: SOCRA is accredited by the Accreditation Council for Continuing Medical Education to provide CME for physicians. CNE for Nurses: Society of Clinical Research Associates is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center's Commission on Accreditation.

    Registration Instructions: To register, please submit a registration form with your name, affiliation, mailing address, telephone, FAX number, and email, along with a check or money order payable to “SOCRA”. Mail to: SOCRA(see Contact Person for address). To register via the Internet, go to http://www.socra.org/html/FDA_Conference.htm. Payment by major credit card is accepted (Visa/MasterCard/AMEX only). For more information on the meeting registration, or for questions on the workshop, contact SOCRA (see Contact Person).

    SUPPLEMENTARY INFORMATION:

    The public workshop helps fulfill the Department of Health and Human Services' and FDA's important mission to protect the public health. The workshop will provide those engaged in FDA-regulated (human) clinical trials with information on a number of topics concerning FDA requirements related informed consent, clinical investigation requirements, institutional review board inspections, electronic record requirements, and investigator initiated research Topics for discussion include the following: (1) The Role of the FDA District Office Relative to the Bioresearch Monitoring Program (BIMO); (2) Modernizing FDA's Clinical Trials/BIMO Programs; (3) What FDA Expects in a Pharmaceutical Clinical Trial: (4) Medical Device Aspects of Clinical Research; (5) Adverse Event Reporting—Science, Regulation, Error and Safety; (6) Working with FDA's Center for Biologics Evaluation and Research; (7) Ethical Issues in Subject Enrollment; (8) Keeping Informed and Working Together; (9) FDA Conduct of Clinical Investigator Inspections; (10) Investigator Initiated Research; (11) Meetings with the FDA—Why, When and How; (12) Part 11 Compliance—Electronic Signatures; (13) IRB Regulations and FDA Inspections; (14) Informed Consent Regulations; (15) The Inspection is Over—What Happens Next? Possible FDA Compliance Actions; (16) Question and Answer Session/Panel Discussion.

    FDA has made education of the drug and device manufacturing community a high priority to help ensure the quality of FDA-regulated drugs and devices. The workshop helps to achieve objectives set forth in section 406 of the FDA Modernization Act of 1997 (21 U.S.C. 393) which includes working closely with stakeholders and maximizing the availability and clarity of information to stakeholders and the public. The workshop also is consistent with the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), as outreach activities by Government Agencies to small businesses.

    Dated: February 10, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-03118 Filed 2-13-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] Orthopaedic and Rehabilitation Panel of the Medical Devices Advisory Committee; Notice of Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.

    Name of Committee: Orthopaedic and Rehabilitation Panel of the Medical Devices Advisory Committee.

    General Function of the Committee: To provide advice and recommendations to the Agency on FDA's regulatory issues.

    Date and Time: The meeting will be held on February 20, 2015, from 8 a.m. to 6 p.m.

    Location: Hilton/Washington DC North, 620 Perry Pkwy., Gaithersburg, MD 20877. The hotel's telephone number is 301-977-8900. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    Contact Person: Sara Anderson, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm.1643, Silver Spring, MD 20993-0002, [email protected], 301-796-7047, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.

    Agenda: On February 20, 2015, the committee will discuss, make recommendations, and vote on information regarding the premarket approval application (PMA) for the Superion InterSpinous Spacer device sponsored by Vertiflex Inc. The proposed indication for use for the Superion InterSpinous Spacer device, as stated in the PMA, is as follows: The Superion InterSpinous Spacer (the Superion ISS) is intended to treat skeletally mature patients suffering from pain, numbness, and/or cramping in the legs (neurogenic intermittent claudication) secondary to a diagnosis of moderate lumbar spinal stenosis, with or without grade 1 spondylolisthesis, confirmed by x ray, magnetic resonance imaging, and/or computed tomography evidence of thickened ligamentum flavum, narrowed lateral recess, and/or central canal or foraminal narrowing. The Superion ISS is indicated for those patients with impaired physical function who experience relief in flexion from symptoms of leg/buttock/groin pain, numbness, and/or cramping, with or without back pain. The Superion ISS may be implanted at one or two adjacent lumbar (L) levels in patients in whom treatment is indicated at no more than two levels, from L1 to L5.

    The meeting was originally scheduled for December 12, 2014. The meeting date is being postponed from December 12, 2014, until February 20, 2015, due to FDA needing additional time to review information supplied by sponsor.

    FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting link.

    Procedure: Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before February 18, 2015. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before February 13, 2015. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by February 17, 2015.

    Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.

    FDA 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 Anne Marie Williams at [email protected] or 301-796-5966 at least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures on public conduct during advisory committee meetings.

    FDA regrets that it was unable to publish this notice 15 days prior to the February 20, 2015, Orthopaedic and Rehabilitation Panel of the Medical Devices Advisory Committee meeting. Because the Agency believes there is some urgency to bring these issues to public discussion and qualified members of the Orthopaedic and Rehabilitation Panel of the Medical Devices Advisory Committee were available at this time, the Commissioner of Food and Drugs concluded that it was in the public interest to hold this meeting even if there was not sufficient time for the customary 15-day public notice.

    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).

    Dated: February 10, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-03155 Filed 2-13-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] Food and Drug Administration/Xavier University Global Medical Device Conference; Public Conference AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public conference.

    The Food and Drug Administration (FDA) Cincinnati District, in cosponsorship with Xavier University, is announcing a public conference entitled “FDA/Xavier University Global Medical Device Conference (MedCon).” This 3-day public conference includes presentations from key FDA officials and industry experts with small group breakout sessions. The conference is intended for companies of all sizes and employees at all levels.

    DATES:

    Dates and Times: The public conference will be held on May 6, 2015, from 8:30 a.m. to 5 p.m.; May 7, 2015, from 8:30 a.m. to 5 p.m.; and May 8, 2015, from 8:30 a.m. to 12:30 p.m.

    Location: The public conference will be held on the campus of Xavier University, 3800 Victory Pkwy., Cincinnati, OH 45207, 513-745-3016.

    Contact Persons: For information regarding this notice: Gina Brackett, Food and Drug Administration, 6751 Steger Dr., Cincinnati, OH 45237, 513-679-2700, FAX: 513-679-2771, email: [email protected]

    For information regarding the conference and registration: Mason Rick, Xavier University, 3800 Victory Pkwy., Cincinnati, OH 45207-5471, 513-745-3016, email: [email protected], or visit http://www.XavierMedCon.com.

    Registration: There is a conference registration fee which covers the cost of the presentations, training materials, receptions, breakfasts, and lunches for the 3 days of the conference. Advanced registration begins February 6, 2015. Standard registration begins March 6, 2015. There will be onsite registration. The cost of registration is as follows:

    Table 1—Registration Fees 1 Attendee type Advanced rate
  • (2/6/15 to 3/5/15)
  • Standard rate
  • (after 3/5/15)
  • Industry $1,495 $1,695 Small Business (<100 Employees) 1,000 1,200 Startup Manufacturer 250 300 Academic 250 300 FDA/Government Employee Free Free 1 The following forms of payment will be accepted: American Express, Visa, MasterCard, and company checks.

    To register online for the public conference, please visit the “Registration” link on the conference Web site at http://www.XavierMedCon.com. FDA has verified the Web site address, but is not responsible for subsequent changes to the Web site after this document publishes in the Federal Register.

    To register by mail, please send your name, title, firm name, address, telephone, email, and payment information for the fee to Xavier University, Attention: Mason Rick, 3800 Victory Pkwy., Cincinnati, OH 45207-5471. An email will be sent confirming your registration.

    Attendees are responsible for their own accommodations. The conference headquarters hotel is the Downtown Hilton Cincinnati Netherland Plaza, 35 West Fifth St., Cincinnati, OH 45202, 513-421-9100. Special conference block rates are available through April 16, 2015. To make reservations online, please visit the “Venue/Logistics” link at http://www.XavierMedCon.com.

    If you need special accommodations due to a disability, please contact Mason Rick (see Contact Persons) at least 7 days in advance of the conference.

    SUPPLEMENTARY INFORMATION:

    The public conference helps fulfill the Department of Health and Human Services' and FDA's important mission to protect the public health. The conference will provide those engaged in FDA-regulated medical devices (for humans) with information on the following topics:

    • Center Director Corner: Strategic Priorities for 2015 and Beyond • Office of Compliance Strategic Priorities • Advancements in Medical Device Software Technology • Understanding and Preparing for the Revision of ISO13485 • Update from FDA's Office of Combination Products • Unique Device Identification—Implementation • FDA Inspections and Insights • Understanding the Current Activities of the International Medical Device Regulators Forum • European Union Medical Device/In Vitro Diagnostics Regulation Review • Update from the Office of Device Evaluation • Regulatory Submissions and Strategies • Complaints, Corrective and Preventive Actions, and Recalls • Regulatory Challenges in Asia • Action Plan Writing • Lunch Networking by Topic

    FDA has made education of the drug and device manufacturing community a high priority to help ensure the quality of FDA-regulated drugs and devices. The conference helps to achieve objectives set forth in section 406 of the Food and Drug Administration Modernization Act of 1997 (21 U.S.C. 393), which includes working closely with stakeholders and maximizing the availability and clarity of information to stakeholders and the public. The conference also is consistent with the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121) by providing outreach activities by Government agencies to small businesses.

    Dated: February 10, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-03116 Filed 2-13-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] In Motion: Science Transforming Policy in Food, Drug, and Medical Device Regulation AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public conference.

    The Food and Drug Administration (FDA) Detroit District Office, in cosponsorship with the Association of Food and Drug Officials (AFDO), is announcing a public conference entitled “In Motion: Science Transforming Policy in Food, Drug, and Medical Device Regulation.” The conference Web site is http://indy.afdo.org/. This conference is intended to provide information about FDA food, drug, and device regulation to the regulated industry.

    Date and Time: The public conference will be held on June 20 to 24, 2015. Times will vary.

    Location: The conference will be held at the Sheraton Indianapolis Hotel at Keystone Crossing, Indianapolis, 8787 Keystone Crossing, Indianapolis, IN 46240, 317-846-2700 or toll-free 888-627-7814; www.sheratonindianapoliskeystonecrossing.com.

    Attendees are responsible for their own accommodations. To make reservations at the Sheraton Indianapolis Hotel at the reduced conference rate, please call 303-295-1234 and mention “AFDO Conference” before May 20, 2015. All the hotel information needed to call or reserve online is available at http://indy.afdo.org/hotel.html.

    AFDO contact information: Randy Young, Association of Food and Drug Officials, 2550 Kingston Rd., suite 311, York, PA 17402, 717-757-2888, FAX: 717-650-3650, email: [email protected]

    Registration: You are encouraged to register by May 20, 2015. The AFDO registration fees cover the cost of facilities, materials, and breaks. Seats are limited; therefore, please submit your registration as soon as possible. Course space will be filled in order of receipt of registration. Those accepted into the course will receive confirmation. Registration will close after the course is filled. Registration at the site is not guaranteed but may be possible on a space available basis on the day of the conference beginning at 8 a.m. The cost of registration follows:

    Cost of Registration:

    Member—$475.00 Non-Member—$575.00

    *A $100 late fee will be added if payment is postmarked after June 1, 2015.

    If you need special accommodations due to a disability, please contact Randy Young (see AFDO contact information) at least 21 days in advance of the conference.

    Registration Instructions: To register, please complete and submit an AFDO Conference Registration Form, along with a check or money order payable to “AFDO”. Please mail your completed registration form and payment to: AFDO, 2550 Kingston Rd., suite 311, York, PA 17402. To register online, please visit http://indy.afdo.org/register.html. (FDA has verified the Web site address but is not responsible for subsequent changes to the Web site after this document publishes in the Federal Register.)

    The registrar will also accept payment through Visa and MasterCard credit cards. For more information on the conference, or for questions about registration, please contact AFDO at 717-757-2888, FAX: 717-650-3650, or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The conference helps fulfill the Department of Health and Human Services' and FDA's important mission to protect the public health. The conference will provide FDA-regulated drug and device entities with information on a number of topics concerning FDA requirements related to the production and marketing of drugs and/or devices. Topics for discussion include, but are not limited to, the following:

    • Medical Device Single Audit Program • Contract Manufacturing Arrangements for Drugs: Quality Agreements • Compliance Question and Answer Panel • Draft Guidance: Distinguishing Medical Device Recalls from Product Enhancements and Associated Reporting Requirements • Compounding Pharmacies • Overview of Global Device/Drug Requirements v. U.S. System • Case for Quality Initiative Update • Unique Device Identifier (UDI) Implementation Update • Metric, Data, and Analysis; Biometrics • Pharmaceutical Inspection Cooperation Scheme • Biosimilar Regulations

    FDA has made education of the food, feed, drug, and device manufacturing community a high priority to help ensure the quality of FDA-regulated products. The conference helps to achieve objectives set forth in section 406 of the Food and Drug Administration Modernization Act of 1997 (21 U.S.C. 393), which includes working closely with stakeholders and maximizing the availability and clarity of information to stakeholders and the public. The conference also is consistent with the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), as outreach activities by government agencies to small businesses.

    Dated: February 10, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-03115 Filed 2-13-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2011-N-0824] Regulatory Site Visit Training Program AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration's (FDA's) Center for Biologics Evaluation and Research (CBER) is announcing an invitation for participation in its Regulatory Site Visit Training Program (RSVP). This training program is intended to give CBER regulatory review, compliance, and other relevant staff an opportunity to visit biologics facilities. These visits are intended to allow CBER staff to directly observe routine manufacturing practices and to give CBER staff a better understanding of the biologics industry, including its challenges and operations. The purpose of this document is to invite biologics facilities to contact CBER for more information if they are interested in participating in this program.

    DATES:

    Submit either an electronic or written request for participation in this program by March 19, 2015. The request should include a description of your facility relative to products regulated by CBER. Please specify the physical address(es) of the site(s) you are offering.

    ADDRESSES:

    If your biologics facility is interested in offering a site visit, submit either an electronic request to http://www.regulations.gov or a written request to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. If you previously responded to earlier requests to participate in this program and you continue to be interested in participating, please renew your request through a submission to the Division of Dockets Management.

    FOR FURTHER INFORMATION CONTACT:

    Loni Warren Henderson, Division of Manufacturers Assistance and Training, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, 240-402-7800, FAX: 301-595-1243, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    CBER regulates certain biological products including blood and blood products, vaccines, and cellular, tissue, and gene therapies. CBER is committed to advancing the public health through innovative activities that help ensure the safety, effectiveness, and availability of biological products to patients. To support this primary goal, CBER has initiated various training and development programs, including programs to further enhance performance of its compliance staff, regulatory review staff, and other relevant staff. CBER seeks to continuously enhance and update review efficiency and quality, and the quality of its regulatory efforts and interactions, by providing CBER staff with a better understanding of the biologics industry and its operations. Further, CBER seeks to enhance: (1) Its understanding of current industry practices and regulatory impacts and needs and (2) communication between CBER staff and industry. CBER initiated its RSVP in 2005. Through these annual notices, CBER is requesting that those firms that have previously applied and are still interested in participating reaffirm their interest. CBER is also requesting that new interested parties apply.

    II. RSVP A. Regulatory Site Visits

    In this program, over a period of time to be agreed upon with the facility, small groups of CBER staff may observe operations of biologics establishments, including for example, blood and tissue establishments. The visits may include the following: (1) Packaging facilities, (2) quality control and pathology/toxicology laboratories, and (3) regulatory affairs operations. These visits, or any part of the program, are not intended as a mechanism to inspect, assess, judge, or perform a regulatory function, but are meant to improve mutual understanding and to provide an avenue for open dialogue between the biologics industry and CBER.

    B. Site Selection

    CBER will be responsible for all travel expenses associated with the site visits. Therefore, selection of potential facilities will be based on the coordination of CBER's priorities for staff training as well as the limited available resources for this program. In addition to logistical and other resource factors to consider, a key element of site selection is a successful compliance record with FDA or another Agency with which we have a memorandum of understanding. If a site visit involves a visit to a separate physical location of another firm under contract to the applicant, the other firm also needs to agree to participate in the program, as well as have a satisfactory compliance history.

    III. Requests for Participation

    Identify requests for participation with the docket number found in brackets in the heading of this document. Received requests are available for public examination in the Division of Dockets Management (see ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 10, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-03117 Filed 2-13-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: Start-up Evaluation License for the Development of Theranostic Kits for Taxane-based Chemotherapy AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This is notice, in accordance with 35 U.S.C. 209 and 37 CFR part 404, that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant to Taxor Diagnostics, LLC of an exclusive evaluation option license to practice the inventions embodied in the following US Patent, US Patent Application, and International Patent Application (and all foreign counterparts): US Patent No. 8,546,091, issued 01 October 2013, entitled, “Akt Phosphorylation at SER473 as an Indicator for Taxane-based Chemotherapy” [HHS Ref. E-191-2009/0-US-07]; US Patent Application serial no. 14/031,699, of the same name, filed 19 September 2013 [HHS Ref. E-191-2009/0-US-08]; and International (PCT) Patent Application no. PCT/US2010/035816, of the same name, filed 21 May 2010 [HHS Ref. E-191-2009/0-PCT-02]. The patent rights in this invention have been assigned to the Government of the United States of America.

    The prospective exclusive evaluation option license territory may be worldwide, and the field of use may be limited to:

    1. Exclusive use of the Licensed Patent Rights to develop a test kit approved by the FDA as a Class III medical device under the Premarket approval (PMA) process, such test kit to be distributed in commerce for the purpose of identifying subgroups of breast cancer, colorectal cancer, and non-small cell lung cancer patients that may benefit from treatment with a taxane therapy; and

    2. Non-exclusive use of the Licensed Patent Rights to develop a test kit for which the FDA issues an order, in the form of a letter, which finds Licensee's device to be substantially equivalent to one or more similar legally marketed devices, and states that the Licensee's device can be marketed in the U.S. (i.e., 510(k) cleared), such test kit to be distributed in commerce for the purpose of identifying subgroups of breast cancer, colorectal cancer, and non-small cell lung cancer patients that may benefit from treatment with a taxane therapy.

    Upon the expiration or termination of the exclusive evaluation option license, Taxor Diagnostics, LLC will have the exclusive right to execute an exclusive commercialization license which will supersede and replace the exclusive evaluation option license with no greater field of use and territory than granted in the exclusive evaluation option license.

    DATES:

    Only written comments or applications for a license (or both) which are received by the NIH Office of Technology Transfer on or before March 4, 2015 will be considered.

    ADDRESSES:

    Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive evaluation option license should be directed to: Patrick McCue, Ph.D., Licensing and Patenting Manager, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-5560; Facsimile: (301) 402-0220; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The technology describes a method of identifying cancer patients that will respond favorably to and benefit from treatment with taxane-based therapy depending on the phosphorylation status of protein Akt-Serine 473 in patient's tumor biopsy sample.

    The prospective exclusive evaluation license is being considered under the small business initiative launched on 1 October 2011, and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR part 404. The prospective exclusive evaluation option license, and a subsequent exclusive commercialization license, may be granted unless the NIH receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404 within fifteen (15) days from the date of this published notice.

    Complete applications for a license in the field of use filed in response to this notice will be treated as objections to the grant of the contemplated exclusive evaluation option license. Comments and objections submitted to this notice will not be made available for public inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: February 9, 2015. Richard U. Rodriguez, Acting Director, Office of Technology Transfer, National Institutes of Health.
    [FR Doc. 2015-03088 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Environmental Health Sciences; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Environmental Health Sciences Special Emphasis Panel; Worker Health and Safety Training Review.

    Date: March 9-10, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Sheraton Chapel Hill Hotel, One Europa Drive, Chapel Hill, NC 27517.

    Contact Person: Sally Eckert-Tilotta, Ph.D., Scientific Review Officer, National Institute of Environmental Health Sciences, Office of Program Operations, Scientific Review Branch, P.O. Box 12233, Research Triangle Park, NC 27709, (919) 541-1446, ec[email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS)
    Dated: February 10, 2015. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03094 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National Institute on Aging Special Emphasis Panel, April 06, 2015, 11:00 a.m. to April 06, 2015, 1:00 p.m., National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892 which was published in the Federal Register on February 9, 2015, 80 FR 7003.

    The meeting notice is amended to change the date of the meeting from April 6, 2015 to March 30, 2015. The meeting is closed to the public.

    Dated: February 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03091 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant and/or proposal applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis Panel; R13 Conference Grant Review.

    Date: March 3, 2015.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate contract proposals.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W556, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Bratin K. Saha, Ph.D., Scientific Review Officer, Program Coordination and Referral Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W556, Rockville, MD 20850, 240-276-6411, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel; Core Infrastructure & Methodological Research for Cancer Epidemiology Cohorts (U01).

    Date: March 12, 2015.

    Time: 10:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 6W032, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Viatcheslav A. Soldatenkov, Ph.D., M.D., Scientific Review Officer, Special Review Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W254, Bethesda, MD 20892-8329, 240-276-6378, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel; Vacutubes to Preserve the Viability of Circulating Tumor Cells.

    Date: March 19, 2015.

    Time: 10:30 a.m. to 2:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W538, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Ivan Ding, M.D., Health Scientist Administrator, Program & Review Extramural Staff Training Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W534, Bethesda, MD 20892-9750, 240-276-6444, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel; Predictive Biomarkers of Adverse Reactions to Radiation Treatment.

    Date: March 20, 2015.

    Time: 11:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W538, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Ivan Ding, M.D. Health Scientist Administrator, Program & Review Extramural Staff Training Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W534, Bethesda, MD 20892-9750, 240-276-6444, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel; NCI Small Grants Program for Cancer Research.

    Date: March 24-25, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Viatcheslav A. Soldatenkov, Ph.D., M.D., Scientific Review Officer, Special Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W254, Bethesda, MD 20892-8329, 240-276-6378, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel; AIDs Malignancy Consortium (AMC).

    Date: March 26-27, 2015.

    Time: 6:30 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel & Conference Center 5701 Marinelli Road, Bethesda, MD 20852.

    Contact Person: Bratin K. Saha, Ph.D., Scientific Review Officer, Program Coordination and Referral Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W556, Rockville, MD 20850, 240-276-6411, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel; Cancer Intervention and Surveillance Modeling.

    Date: April 1-2, 2015.

    Time: 12:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W554, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Christopher L. Hatch, Ph.D., Chief, Health Scientific Administrator, Program Coordination and Referral Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W554, Rockville, MD 20850, 240-276-6454, [email protected].

    Information is also available on the Institute's/Center's home page: http://deainfo.nci.nih.gov/advisory/sep/sep.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: February 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03092 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Drug Abuse; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Extracellular Vesicles in HIV/AIDS and Substance Abuse (R01, R21).

    Date: February 26, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Washington/Rockville, 1750 Rockville Pike, Rockville, MD 20852.

    Contact Person: Jagadeesh S. Rao, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4234, MSC 9550, Bethesda, MD 02892, 301-443-9511, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Exploratory Studies of Smoking Cessation Interventions for People with Schizophrenia (R21/R33).

    Date: March 3, 2015.

    Time: 12:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call).

    Contact Person: Jagadeesh S. Rao, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4234, MSC 9550, Bethesda, MD 02892, 301-443-9511, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; NIDA Core “Center of Excellence” Grant Program (P30).

    Date: March 10, 2015.

    Time: 8:30 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: NIAID Conference Center, 5609 Fisher's Lane, Rockville, MD 20852.

    Contact Person: Nadine Rogers, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4229, MSC 9550, Bethesda, MD 20892-9550, 301-402-2105, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; NIDA Research “Center of Excellence” Grant Program (P50).

    Date: March 11, 2015.

    Time: 8:30 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: NIAID Conference Center, 5609 Fisher's Lane, Rockville, MD 20852.

    Contact Person: Nadine Rogers, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4229, MSC 9550, Bethesda, MD 20892-9550, 301-402-2105, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; R13 Conference Grant Review (PA13-347).

    Date: March 17, 2015.

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

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Virtual Meeting).

    Contact Person: Minna Liang, Ph.D., Scientific Review Officer, Grants Review Branch, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4226, MSC 9550, Bethesda, MD 20892-9550, 301-435-1432, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Loan Repayment 2015.

    Date: March 30, 2015.

    Time: 9:00 a.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Virtual Meeting).

    Contact Person: Lyle Furr, Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, Room 4227, MSC 9550, 6001 Executive Boulevard, Bethesda, MD 20892-9550, (301) 435-1439, lf33c.nih.gov.

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Interventions for Youth Who Misuse/Abuse Prescription Stimulant Medications in High School and/or College-Attending Youth (U01).

    Date: March 31, 2015.

    Time: 8:30 a.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Susan O. McGuire, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Blvd., Room 4245, Rockville, MD 20852, 301-435-1426, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; The National Drug Abuse Treatment Clinical Trials Network (UG1).

    Date: March 31, 2015.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate cooperative agreement applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.

    Contact Person: Jose F. Ruiz, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, Room 4228, MSC 9550, 6001 Executive Blvd., Bethesda, MD 20892-9550, (301) 451-3086, [email protected].

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Avenir Award Program for Genetics or Epigenetics of Substance Abuse (DP2).

    Date: April 13, 2015.

    Time: 9:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Gerald L. McLaughlin, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4238, MSC 9550, Bethesda, MD 20892-9550, 301-402-6626, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)
    Dated: February 9, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03095 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, March 10, 2015, 8:00 a.m. to March 10, 2015, 6:00 p.m., Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814 which was published in the Federal Register on February 9, 2015, 80 FR 7004.

    The meeting date has changed to April 14, 2015. The meeting time and location remain the same. The meeting is closed to the public.

    Dated: February 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03093 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Centers for Medical Countermeasures Against Radiation Consortium (U19).

    Date: March 4, 2015.

    Time: 1:00 p.m. to 2:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Room 3F100, 5635 Fishers Lane, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Louis A. Rosenthal, Ph.D., Scientific Review Officer, Scientific Review Program, DHHS/NIH/NIAID/DEA, 6700B Rockledge Drive, MSC-7616, Bethesda, MD 20892, 301-402-8399, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: February 9, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03089 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Peer Review Meeting.

    Date: March 6, 2015.

    Time: 11:30 a.m. to 6:30 p.m.

    Agenda: To review and evaluate contract proposals.

    Place: National Institutes of Health, Room 2C100, 5601 Fisher Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: James T. Snyder, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 5601 Fishers Lane, Rockville, MD 20852, 240-669-5060, [email protected].

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01).

    Date: March 10, 2015.

    Time: 1:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Room 4H100, 5601 Fisher Lane, Rockville, MD 20892.

    Contact Person: Maryam Feili-Hariri, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 5601 Fishers Lane, Rockville, MD 20852, 240-669-5026, [email protected].

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; HLA and KLR Region Genomics in Immune-Mediated Diseases (U01 & U19).

    Date: March 10-11, 2015.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Sheraton Silver Spring Hotel, The Cedar Room, 8777 Georgia Avenue, Silver Spring, MD 20910.

    Contact: Andrea L. Wurster, Ph.D., Scientific Review Officer, Scientific Review Program, DEA/NIAID/NIH/DHHS, Room 3259, 5601 Fishers Lane, Rockville, MD 20852, 240-669-5062, [email protected].

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Development of Novel Therapeutics for Select Pathogens (/R21/R33).

    Date: March 11-12, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Doubletree Hotel Bethesda, (Formerly Holiday Inn Select), Room Ballroom CD, 8120 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Lynn Rust, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, NIAID/NIH/DHHS, 5601 Fishers Lane, Rockville, MD 20852, 240-669-5069, [email protected].

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01).

    Date: March 13, 2015.

    Time: 11:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Room 4H100, 5601 Fishers Lane, Rockville, MD 20852.

    Contact Person: Maryam Feili-Hariri, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 5601 Fishers Lane, Rockville, MD 20852, 240-669-5026, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: February 9, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-03090 Filed 2-13-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2015-0005; OMB Control Numbers 1625—(0032, 0043, 0044, 0081, 0113)] Information Collection Request to Office of Management and Budget AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collections of information: 1625-0032, Vessel Inspection Related Forms and Reporting Requirements under Title 46 U.S. Code; 1625-0043, Ports and Waterways Safety—Title 33 CFR subchapter P; 1625-0044, Outer Continental Shelf Activities—Title 33 CFR subchapter N; 1625-0081, Alternate Compliance Program; and 1625-0113, Crewmember Identification Documents. Our ICRs describes the information we seek to collect from the public. Before submitting these ICRs to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before April 20, 2015.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0005] to the Docket Management Facility (DMF) at the U.S. Department of Transportation (DOT). To avoid duplicate submissions, please use only one of the following means:

    (1) Online: http://www.regulations.gov.

    (2) Mail: DMF (M-30), DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

    (4) Fax: 202-493-2251. To ensure your comments are received in a timely manner, mark the fax, to attention Desk Officer for the Coast Guard.

    The DMF maintains the public docket for this Notice. Comments and material received from the public, as well as documents mentioned in this Notice as being available in the docket, will become part of the docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find the docket on the Internet at http://www.regulations.gov.

    Copies of the ICRs are available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, US COAST GUARD, 2703 MARTIN LUTHER KING JR AVE SE STOP 7710, WASHINGTON DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents. Contact Ms. Cheryl Collins, Program Manager, Docket Operations, 202-366-9826, for questions on the docket.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether these ICRs should be granted based on the Collections being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collections; (2) the accuracy of the estimated burden of the Collections; (3) ways to enhance the quality, utility, and clarity of information subject to the Collections; and (4) ways to minimize the burden of the Collections on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise these ICRs or decide not to seek approval of revisions of the Collections. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2015-0005], and must be received by April 20, 2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the “Privacy Act” paragraph below.

    Submitting Comments

    If you submit a comment, please include the docket number [USCG-2015-0005], indicate the specific section of the document to which each comment applies, providing a reason for each comment. You may submit your comments and material online (via http://www.regulations.gov), by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the DMF. We recommend you include your name, mailing address, an email address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission.

    You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES; but please submit them by only one means. To submit your comment online, go to http://www.regulations.gov, and type “USCG-2015-0005” in the “Search” box. 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 will address them accordingly.

    Viewing comments and documents: To view comments, as well as documents mentioned in this Notice as being available in the docket, go to http://www.regulations.gov, click on the “read comments” box, which will then become highlighted in blue. In the “Search” box insert “USCG-2015-0005” and click “Search.” Click the “Open Docket Folder” in the “Actions” column. You may also visit the DMF in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy Act

    Anyone can search the electronic form of comments received in 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 statement regarding Coast Guard public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    Information Collection Requests

    1. Title: Vessel Inspection Related Forms and Reporting Requirements Under Title 46 U.S.C.

    OMB Control Number: 1625-0032.

    Summary: This collection of information requires owners, operators, agents or masters of certain inspected vessels to obtain and/or post various forms as part of the Coast Guard's Commercial Vessel Safety Program.

    Need: The Coast Guard's Commercial Vessel Safety Program regulations are found in 46 CFR, including parts 2, 26, 31, 71, 91, 107, 115, 126, 169, 176 and 189 as authorized in Title 46 U.S.C. A number of reporting and recordkeeping requirements are contained therein.

    Forms: CG-841, CG-854, CG-948, CG-949, CG-950, CG-950A, CG-2832.

    Respondents: Owners, operators, agents and master of vessels.

    Frequency: On occasion.

    Burden Estimate: The estimated burden has increased from 1,601 hours to 1,642 hours a year due to an increase in the estimated annual number of respondents.

    2. Title: Ports and Waterways Safety—Title 33 CFR subchapter P.

    OMB Control Number: 1625-0043.

    Summary: This collection of information allows the master, owner, or agent of a vessel affected by these rules to request a deviation from the requirements governing navigation safety equipment to the extent that there is no reduction in safety.

    Need: Provisions in 33 CFR chapter I, subchapter P, allow any person directly affected by the rules in that subchapter to request a deviation from any of the requirements as long as it does not compromise safety. This collection enables the Coast Guard to evaluate the information the respondent supplies, to determine whether it justifies the request for a deviation.

    Forms: NONE.

    Respondents: Master, owner, or agent of a vessel.

    Frequency: On occasion.

    Burden Estimate: The estimated burden has decreased from 2,447 hours to 2,110 hours a year due to a decrease in the estimated annual number of responses.

    3. Title: Outer Continental Shelf Activities—Title 33 CFR subchapter N.

    OMB Control Number: 1625-0044.

    Summary: The Outer Continental Shelf Lands Act, as amended, authorizes the Coast Guard to promulgate and enforce regulations promoting the safety of life and property on OCS facilities. These regulations are located in 33 CFR chapter I, subchapter N.

    Need: The information is needed to ensure compliance with the safety regulations related to OCS activities. The regulations contain reporting and recordkeeping requirements for annual inspections of fixed OCS facilities, employee citizenship records, station bills, and emergency evacuation plans.

    Forms: CG-5432.

    Respondents: Operators of facilities and vessels engaged in activities on the OCS.

    Burden Estimate: The estimated burden has increased from 6,304 hours to 8,407 hours a year due to an increase in the estimated annual number of responses.

    4. Title: Alternate Compliance Program.

    OMB Control Number: 1625-0081.

    Summary: This information is used by the Coast Guard to assess vessels participating in the voluntary Alternate Compliance Program (ACP) before issuance of a Certificate of Inspection.

    Need: Sections 3306 and 3316 of 46 U.S.C. authorize the Coast Guard to establish vessel inspection regulations and inspection alternatives. Part 8 of 46 CFR contains the Coast Guard regulations for recognizing classification societies and enrollment of U.S.-flag vessels in ACP.

    Forms: NONE.

    Respondents: Owners and operators of U.S.-flag inspected vessels.

    Frequency: On occasion.

    Burden Estimate: The estimated burden has decreased from 176 hours to 152 hours a year due to a decrease in the estimated annual number of respondents.

    5. Title: Crewmember Identification Documents.

    OMB Control Number: 1625-0113.

    Summary: This information collection covers the requirement that crewmembers on vessels calling at U.S. ports must carry and present on demand an identification that allows the identity of crewmembers to be authoritatively validated.

    Need: Title 46 U.S.C. 70111 mandated that the Coast Guard establish regulation about crewmember identification. The regulations are in 33 CFR part 160 subpart D.

    Forms: NONE.

    Respondents: Crewmembers and operators of certain vessels.

    Frequency: On occasion.

    Burden Estimate: The estimated burden has increased from 30,275 hours to 34,293 hours a year due to an increase in the estimated time to acquire an acceptable identification document.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: February 6, 2015. Thomas P. Michelli, U.S. Coast Guard, Chief Information Officer, Acting.
    [FR Doc. 2015-03192 Filed 2-13-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2014-0414] Cook Inlet Regional Citizens' Advisory Council (CIRCAC) Charter Renewal AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of recertification.

    SUMMARY:

    The purpose of this notice is to inform the public that the Coast Guard has recertified the Cook Inlet Regional Citizens' Advisory Council (CIRCAC) as an alternative voluntary advisory group for Cook Inlet, Alaska. This certification allows the CIRCAC to monitor the activities of terminal facilities and crude oil tankers under the Cook Inlet Program established by statute.

    DATES:

    This recertification is effective for the period from September 1st, 2014 through August 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    LT Thomas Pauser Seventeenth Coast Guard District (dpi); Telephone (907) 463-2812, email [email protected]

    SUPPLEMENTARY INFORMATION: Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals and oil tankers.

    On October 18, 1991, the President delegated his authority under 33 U.S.C. 2732(o) to the Secretary of Transportation in Executive Order 12777, section 8(g) (see 56 FR 54757; October 22, 1991) for purposes of certifying advisory councils, or groups, subject to the Act. On March 3, 1992, the Secretary redelegated that authority to the Commandant of the USCG (see 57 FR 8582; March 11, 1992). The Commandant redelegated that authority to the Chief, Office of Marine Safety, Security and Environmental Protection (G-M) on March 19, 1992 (letter #5402).

    On July 7, 1993, the USCG published a policy statement, 58 FR 36504, to clarify the factors that shall be considered in making the determination as to whether advisory councils, or groups, should be certified in accordance with the Act.

    The Assistant Commandant for Marine Safety and Environmental Protection (CG-5), redelegated recertification authority for advisory councils, or groups, to the Commander, Seventeenth Coast Guard District on February 26, 1999 (letter #16450).

    On September 16, 2002, the USCG published a policy statement, 67 FR 58440, that changed the recertification procedures such that applicants are required to provide the USCG with comprehensive information every three years (triennially). For each of the two years between the triennial application procedure, applicants submit a letter requesting recertification that includes a description of any substantive changes to the information provided at the previous triennial recertification. Further, public comment is not solicited prior to recertification during streamlined years, only during the triennial comprehensive review.

    Discussion of Comments

    On May 23, 2014 the USCG published a Notice of Availability; request for comments for recertification of Cook Inlet Regional Citizens' Advisory Council in the Federal Register (76 FR 1187). We received 54 comments from the public commenting on the proposed action. No public meeting was requested, and none was held. All 54 comments were positive and in support of recertification. These letters in support of the recertification consistently cited CIRCAC's broad representation of the respective community's interests, appropriate actions to keep the public informed, improvements to both spill response preparation and spill prevention, and oil spill industry monitoring efforts that combat complacency—as intended by the Act. The information provided with the 2014 application package, follow up consultation with CIRCAC and public support through positive comments displayed ample representation of the communities and interests of Cook Inlet and promotion of environmentally safe marine transportation and oil facility operations.

    Recertification

    By letter dated August 27, 2014, the Commander, Seventeenth Coast Guard certified that the CIRCAC qualifies as an alternative voluntary advisory group under 33 U.S.C. 2732(o). This recertification terminates on August 31, 2015.

    Dated: 27 Aug. 2014. Charles L. Cashin, Captain, U.S. Coast Guard Commander, Seventeenth Coast Guard District, Acting.
    [FR Doc. 2015-03187 Filed 2-13-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2014-1020] Guidance on Maritime Cybersecurity Standards AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice; extension of comment period.

    SUMMARY:

    The Coast Guard is extending the comment period on the notice with request for comments titled, “Guidance on Maritime Cybersecurity Standards,” published on December 18, 2014. We are extending the comment period at the request of several industry participants to ensure stakeholders have adequate time to submit complete responses.

    DATES:

    Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before April 15, 2015, or reach the Docket Management Facility by that date.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2014-1020 using any one of the following methods:

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

    (2) Fax: 202-493-2251.

    (3) Mail: 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.

    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

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

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice, call or email LT Josephine Long, Coast Guard; telephone 202-372-1109, email [email protected] or LCDR Joshua Rose, Coast Guard; 202-372-1106, email [email protected] If you have questions on viewing or submitting material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments

    We encourage you to submit comments and related materials on the questions we posed in the notice with request for comments, published on December 18, 2014 (79 FR 75574). All comments received will be posted, without change, to http://www.regulations.gov, and will include any personal information you have provided.

    A. Submitting Comments

    If you submit a comment, please include the docket number for this notice (USCG-2014-1020) and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. 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, use “USCG-2014-1020” as your search term, and follow the instructions on that Web site for submitting comments. 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 your 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 this proposed rule based on your comments.

    If you submit comments, do not send materials that include trade secrets, confidential, commercial, or financial information; or Sensitive Security Information to the public docket. Please submit such comments separately from other comments on the notice. Comments containing this type of information should be appropriately marked as containing such information and submitted by mail to the Coast Guard point of contact listed in the FOR FURTHER INFORMATION CONTACT section.

    Upon receipt of such comments, the Coast Guard will not place the comments in the public docket and will handle them in accordance with applicable safeguards and restrictions on access. The Coast Guard will hold them in a separate file to which the public does not have access, and place a note in the public docket that the Coast Guard has received such materials from the commenter. If the Coast Guard receives a request to examine or copy this information, we will treat it as any other request under the Freedom of Information Act (5 U.S.C. 552).

    B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov, use “USCG-2014-1020” as your search term, and follow the instructions on that Web site for viewing documents in the public docket for this notice. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 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. We have an agreement with the Department of Transportation to use the Docket Management Facility.

    C. Privacy Act

    Anyone can search the electronic form of all 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).

    II. Background

    On December 18, 2014, the Coast Guard published a notice with request for comments titled, “Guidance on Maritime Cybersecurity Standards” (79 FR 75574). In the notice, the Coast Guard announced that it is developing policy to help vessel and facility operators identify and address cyber-related vulnerabilities that could contribute to a Transportation Security Incident.1 The notice sought public input from the maritime industry and other interested parties on how to identify and mitigate potential vulnerabilities to cyber-dependent systems. Additionally, the Coast Guard hosted a public meeting on January 15, 2015 in Washington, DC, to provide an opportunity for the public to comment on the development of security assessment methods that might assist vessel and facility owners and operators identify and address cybersecurity vulnerabilities. The Coast Guard intends to consider the public comments from the meeting and in response to the notice in developing relevant guidance, which may include standards, guidelines, and best practices to protect maritime critical infrastructure.

    1 A Transportation Security Incident is defined in 33 CFR 101.105 to mean “a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.

    III. Reason for the Extension

    On December 18, 2014, the Coast Guard published a notice with request for comments titled, “Guidance on Maritime Cybersecurity Standards” (79 FR 75574). The comment period for the notice was set to expire on February 17, 2015. On January 15, 2015, the Coast Guard hosted a public meeting in Washington, DC on maritime cybersecurity. Several industry participants have contacted the Coast Guard personnel identified in the notice and at the public meeting to request more time to respond to the notice. Accordingly, the Coast Guard is extending the public comment period until April 15, 2015, to ensure that all stakeholders have adequate time to review and fully respond to the questions posed in the December 18, 2014 notice. We encourage all interested members of the public to send comments in response to the notice.

    This notice of extension is issued under the authority of 5 U.S.C. 552(a).

    Dated: February 10, 2015. Andrew Tucci, Chief, Office of Port & Facility Compliance, U.S. Coast Guard.
    [FR Doc. 2015-03205 Filed 2-13-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2007-0008] National Advisory Council; Meeting AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee management; notice of Federal advisory committee meeting.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) National Advisory Council (NAC) will meet in person on March 4 and 5, 2015 in New Orleans, LA. The meeting will be open to the public.

    DATES:

    The NAC will meet on Wednesday, March 4, 2015, from 8:30 a.m. to 5:30 p.m. and on Thursday, March 5 from 8:30 a.m. to 12:30 p.m. Central Standard Time (CST). Please note that the meeting may close early if the NAC has completed its business.

    ADDRESSES:

    The meeting will be held at the Conference Center at the historic Jackson Barracks located at 6400 St. Claude Avenue, New Orleans, LA 70117. All visitors to the Jackson Barracks are required to register with FEMA prior to the meeting in order to be admitted to the building. Photo identification is required to access the building. Please provide your name, telephone number, email address, title, and organization by close of business on March 2, 2015, to the person listed in FOR FURTHER INFORMATION CONTACT below.

    For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the person listed in FOR FURTHER INFORMATION CONTACT below as soon as possible.

    To facilitate public participation, members of the public are invited to provide written comments on the issues to be considered by the NAC (see “Agenda”). Written comments must be submitted and received by 5 p.m. CST on February 27, 2015, identified by Docket ID FEMA-2007-0008, and submitted by one of the following methods:

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

    Email: [email protected] Include the docket number in the subject line of the message.

    Fax: (540) 504-2331.

    Mail: Regulatory Affairs Division, Office of Chief Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.

    Instructions: All submissions received must include the words “Federal Emergency Management Agency” and the docket number for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read comments received by the NAC, go to http://www.regulations.gov, and search for the Docket ID listed above.

    A public comment period will be held after each subcommittee report and before NAC voting and again from 4 p.m. to 4:30 p.m. CST. All speakers are requested to limit their comments to 3 minutes. Comments should be addressed to the committee. Any comments not related to the agenda topics will not be considered by the NAC. Contact the individual listed below to register as a speaker by February 27, 2015. Please note that the public comment period may end before the time indicated, following the last call for comments.

    FOR FURTHER INFORMATION CONTACT:

    Alexandra Woodruff, Alternate Designated Federal Officer, Office of the National Advisory Council, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472-3184, telephone (202) 646-2700, fax (540) 504-2331, and email [email protected] The NAC Web site is: http://www.fema.gov/national-advisory-council.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

    The NAC advises the FEMA Administrator on all aspects of emergency management. The NAC incorporates State, local, and tribal government, private sector and nongovernmental input in the development and revision of FEMA plans and strategies.

    Agenda: On Wednesday, March 4, the NAC will be welcomed to FEMA Region VI and introduced to its activities by the Regional Administrator and then engage in an open discussion with the FEMA Administrator. The NAC will receive report outs from its subcommittees on topics related to Federal Insurance and Mitigation, Preparedness and Protection, and Response and Recovery. The NAC will review the information presented on each topic, deliberate on any recommendations presented in the subcommittees' reports, and, if appropriate, vote on recommendations for FEMA's consideration.

    The NAC will also receive briefings from FEMA Executive Staff on the following topics:

    • FEMA Louisiana Recovery Office;

    • Looking Back on Hurricane Katrina; and

    • FEMA Office of Response and Recovery Activities and Updates.

    On Thursday, March 5, the NAC will engage in an open discussion with the FEMA Deputy Administrator, followed by an update on and discussion with the Federal Insurance and Mitigation Administration, a presentation on recovery from a local perspective, and an update on America's PrepareAthon!.

    The full agenda and any related documents for this meeting will be posted on the NAC Web site at http://www.fema.gov/national-advisory-council.

    Dated: February 10, 2015. W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2015-03182 Filed 2-13-15; 8:45 am] BILLING CODE 9111-48-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLOR-936000-L14300000-ET0000-14XL1109AF; HAG-14-0137; OR-67907] Notice of Proposed Withdrawal and Opportunity for Public Meeting; Oregon AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    On behalf of the Bureau of Land Management (BLM), the Assistant Secretary for Land and Minerals Management proposes to withdraw, subject to valid existing rights, 3680.29 acres of public lands, including 3,600.29 acres of revested Oregon and California Railroad Grant lands in Josephine County, Oregon, from location and entry under the United States mining laws, but not from leasing under the mineral or geothermal leasing laws, or disposal under the Materials Act of 1947 for a period of 20 years. The proposed withdrawal is needed to protect the geological, fisheries, and wildlife resources within the Crooks Creek Fisheries and Limestone Caves area. This notice temporarily segregates the lands for up to 2 years from location and entry under the United States mining laws and gives the public an opportunity to comment on the proposed withdrawal application and to request a public meeting.

    DATES:

    The BLM must receive comments and requests for a public meeting by May 18, 2015.

    ADDRESSES:

    Comments and meeting requests should be sent to the BLM Oregon/Washington State Office, P.O. Box 2965, Portland, Oregon 97208-2965 or 1220 SW., 3rd Avenue Portland, Oregon 97204-3264.

    FOR FURTHER INFORMATION CONTACT:

    Michael Barnes, BLM Oregon/Washington State Office, 503-808-6155, or Anthony Kerwin, Medford District Office, BLM, 541-618-2402.

    Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The BLM filed an application requesting the Assistant Secretary for Land and Minerals Management to withdraw, subject to valid existing rights, the following described public lands located in Josephine County, Oregon, from location and entry under the United States mining laws, but not from leasing under the mineral or geothermal leasing laws, or disposal under the Materials Act of 1947, to protect geological, fisheries, and wildlife resources within the Crooks Creek Fisheries and Limestone Caves area:

    Willamette Meridian Revested Oregon and California Railroad Lands T. 37 S., R. 6 W., sec. 31, lots 1 to 4, inclusive, and E1/2SW1/4. T. 37 S., R. 7 W., sec. 35, S1/2NE1/4, N1/2SW1/4, and N1/2SE1/4; sec. 36. T. 38 S., R. 6 W., sec. 4, lots 3 to 6, inclusive, lots 11 and 12, and SW1/4; sec. 5; sec. 6, lots 1 to 4 and 7 to 10, inclusive, and SE1/4; sec. 7, NE1/4, N1/2SE1/4, and N1/2SW1/4SE1/4; sec. 8; sec. 9, NW1/4NW1/4. T. 39 S., R. 8 W., sec. 11, SE1/4SE1/4. Other Public Lands T. 39 S., R. 8 W., sec. 14, NE1/4NE1/4 and SE1/4NW1/4.

    The areas described aggregate approximately 3,680.29 acres in Josephine County.

    The Assistant Secretary for Land and Minerals Management approved the BLM's petition/application. Therefore, the petition/application constitutes a withdrawal proposal of the Secretary of the Interior (43 CFR 2310.1-3(e)).

    The use of a right-of-way, interagency agreement, or cooperative agreement would not adequately constrain mineral location and surface entry which could adversely affect ongoing management activities, and existing and planned capital improvements resulting in land use conflicts as well as irretrievable loss of natural resources.

    No water is necessary to fulfill the purpose of the requested withdrawal.

    Records relating to this withdrawal application may be examined by contacting the BLM at the above address and phone number.

    For a period until May 18, 2015, all persons who wish to submit comments, suggestions, or objections in connection with the proposed withdrawal may present their views in writing to the BLM State Director at the address indicated above.

    Comments, including names and street addresses of respondents, will be available for public review at the address indicated above during regular business hours. Before including your address, phone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so.

    Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed withdrawal. All interested parties who desire a public meeting for the purpose of being heard on the proposed withdrawal must submit a written request to the BLM State Director at the address indicated above by May 18, 2015. Upon determination by the authorized officer that a public meeting will be held, a notice of the time and place will be published in the Federal Register and a local newspaper at least 30 days before the scheduled date of the meeting.

    For a period until February 17, 2017, the public lands described in this notice will be segregated from location and entry under the United States mining laws, but not from leasing under the mineral or geothermal leasing laws, or disposal under the Materials Act of 1947, unless the application is denied or canceled or the withdrawal is approved prior to that date.

    Licenses, permits, cooperative agreements, or discretionary land use authorizations of a temporary nature that will not significantly impact the values to be protected by the withdrawal may be allowed with the approval of the authorized officer of the BLM during the temporary segregation period.

    The application will be processed in accordance with the regulations set forth in 43 CFR part 2300.

    Christopher DeWitt, Acting Chief, Branch of Land, Mineral, and Energy Resources.
    [FR Doc. 2015-03101 Filed 2-13-15; 8:45 am] BILLING CODE 4310-33-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-CR-NAGPRA-17655; PPWOCRADN0, PCU00RP14.R50000] Proposed Information Collection; Native American Graves Protection and Repatriation Regulations AGENCY:

    National Park Service (NPS), Interior.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    We (National Park Service) will ask the Office of Management and Budget (OMB) to approve the information collection described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on November 30, 2015. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid OMB control number.

    DATES:

    To ensure we are able to consider your comments, we must receive them on or before April 20, 2015.

    ADDRESSES:

    Send your comments on the IC to Madonna L. Baucum, Information Collection Clearance Officer, National Park Service, 1849 C Street NW., MS 2601, Washington, DC 20240 (mail); or [email protected] (email). Please reference OMB Control Number “1024-0144, NAGPRA” in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    Melanie O'Brien, Acting Manager, National NAGPRA Program, National Park Service, 1201 Eye Street NW., 8th floor, Washington, DC 20005; or via phone at 202/354-2204; or via fax at 202/354-5179; or via email at Melanie_O'[email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    The Native American Graves Protection and Repatriation Act (NAGPRA), requires museums to compile certain information (summaries, inventories, and notices) regarding Native American cultural items in their possession or control and provide that information to lineal descendants, likely interested Indian tribes and Native Hawaiian organizations, and the National NAGPRA Program (acting on behalf of the Secretary of the Interior, housed in the National Park Service), to support consultation in the process of publishing notices that establish rights to repatriation. The summaries are general descriptions of the museum's Native American collection, sent to all possibly interested tribes to disclose the collection, should the tribe desire to consult on items and present a claim. The inventories are item-by-item lists of the human remains and their funerary objects, upon which the museum consults with likely affiliated tribes to determine cultural affiliation, tribal land origination, or origination from aboriginal lands of Federal recognized tribes. Consultation and claims for items require information exchange between museums and tribes on the collections. Notices of Inventory Completion, published in the Federal Register, indicate the museum decisions of rights of lineal descendants and tribes to receive human remains and funerary objects; Notices of Intent to Repatriate, published in the Federal Register, indicate the agreements of museums and tribes to transfer control to tribes of funerary objects, sacred objects and objects of cultural patrimony. Museums identify NAGPRA protected items in the collection through examination of museum records and from consultation with tribes.

    The National NAGPRA Program maintains the public databases of summary, inventory and notice information to support consultation. In the first 20 years of the administration of NAGPRA approximately 40,000 Native American human remains, of a possible collection of 180,000 individuals, have been listed in NAGPRA notices. Information collection of previous years is of lasting benefit, diminishing efforts in future years.

    II. Data

    OMB Number: 1024-0144.

    Title: Native American Graves Protection and Repatriation Regulations, 43 CFR part 10.

    Service Form Number: None.

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

    Description of Respondents: Museums that receive Federal funds and have possession of or control over Native American cultural items.

    Respondent's Obligation: Voluntary.

    Frequency of Collection: On occasion.

    Information collections Annual
  • respondents
  • Annual
  • responses
  • Average time/
  • response
  • (hr)
  • Total annual
  • burden hours
  • New Summary/Inventory —Private Sector 1 1 100 hours 100 —Govt 2 2 200 hours 200 Update Summary/Inventory —Private Sector 226 226 10 hours 2,260 —Govt 245 245 10 hours 2,450 Notices —Private Sector 41 41 10 hours 410 —Govt 64 64 10 hours 640 Notify Tribes and Request Information —Private Sector 4 4 30 minutes 2 —Govt 10 10 30 minutes 5 Respond to Request for Information —Govt 16 16 48 minutes 13 Totals 609 609 6,080

    Estimated Annual Nonhour Burden Cost: None.

    III. Comments

    We invite comments concerning this information collection on:

    • Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    • The accuracy of the burden for this collection of information;

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

    • Ways to minimize the burden to respondents, including use of automated information techniques or other forms of information technology.

    Please note that the comments submitted in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this IC. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done.

    Dated: February 10, 2015. Madonna L. Baucum, Information Collection Clearance Officer, National Park Service.
    [FR Doc. 2015-03111 Filed 2-13-15; 8:45 am] BILLING CODE 4310-EH-P
    DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE [NPS-WASO-NRSS-EQD-SSB-17651; PPWONRADE3, PPMRSNR1Y.NM000] Proposed Information Collection; Comment Request: A Survey of Direct Recreational Uses Along the Colorado River AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    We (National Park Service) are asking the Office of Management and Budget (OMB) to approve the Information Collection Request (ICR) described below. The National Park Service (NPS) is requesting approval of a new collection that will be collected in collaboration with the U.S. Geological Survey's Grand Canyon Monitoring and Research Center and used to provide information concerning the direct recreational uses along the Colorado River—specifically the stretch between the Glen Canyon Dam and Lee's Ferry. To comply with the Paperwork Reduction Act of 1995 and as a part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to comment on this ICR.

    DATES:

    To ensure that your comments on this ICR are considered, OMB must receive them on or before March 19, 2015.

    ADDRESSES:

    Please submit written comments on this information collection directly to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs, Attention: Desk Officer for the Department of the Interior, to [email protected] (email) or 202-395-5806 (fax); and identify your submission as 1024-DREC. Please also send a copy of your comments to Phadrea Ponds, Information Collection Coordinator, National Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525 (mail); or [email protected] (email). Please reference Information Collection 1024-DREC in the subject line.

    FOR FURTHER INFORMATION CONTACT:

    Phadrea Ponds, Information Collection Review Coordinator, National Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525 (mail); or [email protected] (email). Please reference Information Collection 1024-DREC in the subject line. You may also access this ICR at www.reginfo.gov.

    I. Abstract

    We wish to conduct this study to understand the social and economic impacts of water levels on recreation uses of the Colorado River, specifically the areas from Glen Canyon Dam to the head of Lake Mead. We are requesting approval to administer two versions of the key valuation questions (CV and conjoint). The rationale for administering two surveys containing CV and conjoint questions is because the survey design recognizes that the state of the art methods used in non-market valuation have substantially advanced since these user groups were surveyed on these issues more than 25 years ago. A survey will be mailed to a sample of whitewater floaters and anglers to collect information concerning (1) trip/visit characteristics, (2) activities and (3) opinions on river management. This information collection will be used to provide empirical data that will help NPS managers and planners understand the impacts of direct recreational uses along the Colorado River.

    II. Data

    OMB Control Number: 1024-DREC.

    Title: A Survey of Direct Recreational Uses Along The Colorado River.

    Type of Request: NEW.

    Affected Public: General public; individual households.

    Respondent Obligation: Voluntary.

    Frequency of Collection: One time.

    Estimated Number of Annual Responses: 2,340.

    Estimated Annual Burden Hours: 780 hours.

    Estimated Annual Reporting and Recordkeeping “Non-Hour Cost”: None.

    III. Request for Comments

    On August 26, 2014, we published a Federal Register notice (79 FR 50940) announcing that we would submit this ICR to OMB for approval. Public comments were solicited for 60 days ending October 27, 2014. We received one comment in response to that notice. The commenter suggested that this study is unnecessary because the Socio-Economic Ad Hoc Group (SEAHG) is in the process of developing a study to address the informational needs related to the Glen Canyon Dam operations and the Colorado River in the Grand Canyon. We contend that this study does not cause a conflict because the survey does not duplicate any ongoing or parallel effort but rather is intended to provide information that will be used to update a more than 25 year old study of the same resources.

    We again invite comments concerning this information collection on:

    • Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    • The accuracy of our estimate of the burden for this collection of information;

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

    • Ways to minimize the burden of the collection of information on respondents.

    A Federal agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done.

    Dated: February 9, 2015. Madonna L. Baucum, Information Collection Clearance Officer, National Park Service.
    [FR Doc. 2015-03096 Filed 2-13-15; 8:45 am] BILLING CODE 4310-EH-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-NER-BOHA-17599; PPMPSPD1Z.YM0000] [PPNEBOHAS1] Boston Harbor Islands National Recreation Area Advisory Council AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of annual meeting.

    SUMMARY:

    This notice announces the annual meeting of the Boston Harbor Islands National Recreation Area Advisory Council. The agenda includes updates from the Massachusetts Department of Conservation and Recreation, the Boston Harbor Island Alliance, and the National Park Service about project, program, marketing, and water transportation plans for the 2015 Season. There will also be a discussion about the Council's mission, goals, and community outreach initiative. The Council will hold elections for officers and nominate Council representatives to the Boston Harbor Islands Partnership. Superintendent Giles Parker will also give updates about park operations and planning efforts.

    DATES:

    March 11, 2015, 6:00 p.m. to 8:00 p.m. (EASTERN).

    ADDRESSES:

    Partnership Office, 15 State Street, 2nd Floor Conference Room, Boston, MA 02109.

    FOR FURTHER INFORMATION CONTACT:

    Giles Parker, Superintendent and Designated Federal Official (DFO), Boston Harbor Islands National Recreation Area, 15 State Street, Suite 1100, Boston, MA 02109, telephone (617) 223-8669, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This meeting is open to the public. Those wishing to submit written comments may contact the DFO for the Boston Harbor Islands National Recreation Area Advisory Council, Giles Parker, by mail at National Park Service, Boston Harbor Islands, 15 State Street, Suite 1100, Boston, MA 02109 or via email [email protected] Before including your address, telephone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    The Council was appointed by the Director of the National Park Service pursuant to 16 U.S.C. 460kkk(g). The purpose of the Council is to advise and make recommendations to the Boston Harbor Islands Partnership with respect to the implementation of a management plan and park operations. Efforts have been made locally to ensure that the interested public is aware of the meeting dates.

    Dated: February 10, 2015. Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2015-03110 Filed 2-13-15; 8:45 am] BILLING CODE 4310-EE-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR83550000, 14XR0680A1, RX.31580001.0090104] Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection (OMB Control Number 1006-0006) AGENCY:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    We, the Bureau of Reclamation, intend to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB) titled, Certification Summary Form, Reporting Summary Form for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428, OMB Control Number 1006-0006.

    DATES:

    Submit written comments on this revised information collection request on or before April 20, 2015.

    ADDRESSES:

    Send written comments or requests for copies of the proposed revised forms to Stephanie McPhee, Bureau of Reclamation, Office of Policy and Administration, 84-55000, P.O. Box 25007, Denver, CO 80225-0007; or via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Stephanie McPhee at (303) 445-2897.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This information collection is required under the Reclamation Reform Act of 1982 (RRA), Acreage Limitation Rules and Regulations, 43 CFR part 426, and Information Requirements for Certain Farm Operations In Excess of 960 Acres and the Eligibility of Certain Formerly Excess Land, 43 CFR part 428. The forms in this information collection are to be used by district offices to summarize individual landholder (direct or indirect landowner or lessee) and farm operator certification and reporting forms. This information allows us to establish water user compliance with Federal reclamation law.

    II. Changes to the RRA Forms and Their Instructions

    The changes made to the currently approved RRA forms and the corresponding instructions are of an editorial nature, and are designed to assist the respondents by increasing their understanding of the forms, clarifying the instructions for completing the forms, and clarifying the information that is required to be on the forms. The proposed revisions to the RRA forms will be effective in the 2016 water year.

    III. Data

    OMB Control Number: 1006-0006.

    Title: Certification Summary Form, Reporting Summary Form for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428.

    Form Number: Form 7-21SUMM-C and Form 7-21SUMM-R.

    Frequency: Annually.

    Respondents: Contracting entities that are subject to the acreage limitation provisions of Federal reclamation law.

    Estimated Annual Total Number of Respondents: 177.

    Estimated Number of Responses per Respondent: 1.25.

    Estimated Total Number of Annual Responses: 221.

    Estimated Total Annual Burden on Respondents: 8,870 hours.

    Estimated Completion Time per Respondent: See table below.

    Form No. Burden
  • estimate
  • per form
  • (in hours)
  • Number of
  • respondents
  • Annual
  • number of
  • responses
  • Annual
  • burden on
  • respondents
  • (in hours)
  • 7-21SUMM-C and associated tabulation sheets 40 169 211 8,450 7-21SUMM-R and associated tabulation sheets 40 8 10 420 Totals 177 221 8,870
    IV. Request for Comments

    We invite your comments on:

    (a) Whether the collection of information is necessary for the proper performance of our functions, including whether the information will have practical use;

    (b) the accuracy of our estimated time and cost burden of the collection of information, including the validity of the methodology and assumptions used;

    (c) ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    (d) ways to minimize the burden of the collection of information on respondents, including increased use of automated collection techniques or other forms of information technology.

    We will summarize all comments received regarding this notice. We will publish that summary in the Federal Register when the information collection request is submitted to OMB for review and approval.

    V. Public Disclosure

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: January 20, 2015. Roseann Gonzales, Director, Policy and Administration.
    [FR Doc. 2015-03136 Filed 2-13-15; 8:45 am] BILLING CODE 4332-90-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR83550000, 14XR0680A1, RX.31580001.0090104] Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection (OMB Control Number 1006-0005) AGENCY:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    We, the Bureau of Reclamation, intend to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB) titled, Individual Landholder's and Farm Operator's Certification and Reporting Forms for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428, OMB Control Number 1006-0005.

    DATES:

    Submit written comments on this revised information collection request on or before April 20, 2015.

    ADDRESSES:

    Send written comments or requests for copies of the proposed revised forms to Stephanie McPhee, Bureau of Reclamation, Office of Policy and Administration, 84-55000, P.O. Box 25007, Denver, CO 80225-0007; or via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Stephanie McPhee at (303) 445-2897.

    SUPPLEMENTARY INFORMATION: I. Abstract

    This information collection is required under the Reclamation Reform Act of 1982 (RRA), Acreage Limitation Rules and Regulations, 43 CFR part 426, and Information Requirements for Certain Farm Operations In Excess of 960 Acres and the Eligibility of Certain Formerly Excess Land, 43 CFR part 428. This information collection requires certain landholders (direct or indirect landowners or lessees) and farm operators to complete forms demonstrating their compliance with the acreage limitation provisions of Federal reclamation law. The forms in this information collection are submitted to districts that use the information to establish each landholder's status with respect to landownership limitations, full-cost pricing thresholds, lease requirements, and other provisions of Federal reclamation law. In addition, forms are submitted by certain farm operators to provide information concerning the services they provide and the nature of their farm operating arrangements. All landholders whose entire westwide landholdings total 40 acres or less are exempt from the requirement to submit RRA forms. Landholders who are “qualified recipients” have RRA forms submittal thresholds of 80 acres or 240 acres depending on the district's RRA forms submittal threshold category where the land is held. Only farm operators who provide multiple services to more than 960 acres held in trusts or by legal entities are required to submit forms.

    II. Changes to the RRA Forms and Their Instructions

    The changes made to the currently approved RRA forms and the corresponding instructions are of a formatting or editorial nature, and are designed to assist the respondents by increasing their understanding of the forms, clarifying the instructions for completing the forms, and clarifying the information that is required to be on the forms. The proposed revisions to the RRA forms will be effective in the 2016 water year.

    III. Data

    OMB Control Number: 1006-0005.

    Title: Individual Landholder's and Farm Operator's Certification and Reporting Forms for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428.

    Form Number: Form 7-2180, Form 7-2180EZ, Form 7-2181, Form 7-2184, Form 7-2190, Form 7-2190EZ, Form 7-2191, Form 7-2194, Form 7-21TRUST, Form 7-21PE, Form 7-21PE-IND, Form 7-21FARMOP, Form 7-21VERIFY, Form 7-21FC, Form 7-21XS, Form 7-21XSINAQ, Form 7-21CONT-I, Form 7-21CONT-L, Form 7-21CONT-O, and Form 7-21INFO.

    Frequency: Annually.

    Respondents: Landholders and farm operators of certain lands in our projects, whose landholdings exceed specified RRA forms submittal thresholds.

    Estimated Annual Total Number of Respondents: 13,960.

    Estimated Number of Responses per Respondent: 1.02.

    Estimated Total Number of Annual Responses: 14,239.

    Estimated Total Annual Burden on Respondents: 10,432 hours.

    Estimated Completion Time per Respondent: See table below.

    Form No. Burden
  • estimate
  • per form
  • (in minutes)
  • Number of
  • respondents
  • Annual
  • number of
  • responses
  • Annual
  • burden on
  • respondents
  • (in hours)
  • Form 7-2180 60 3,595 3,667 3,667 Form 7-2180EZ 45 373 380 285 Form 7-2181 78 1,050 1,071 1,392 Form 7-2184 45 32 33 24 Form 7-2190 60 1,601 1,633 1,633 Form 7-2190EZ 45 96 98 73 Form 7-2191 78 777 793 1,030 Form 7-2194 45 4 4 3 Form 7-21PE 75 135 138 172 Form 7-21PE-IND 12 4 4 1 Form 7-21TRUST 60 694 708 708 Form 7-21VERIFY 12 5,069 5,170 1,034 Form 7-21FC 30 214 218 109 Form 7-21XS 30 144 147 73 Form 7-21FARMOP 78 172 175 228 Totals 13,960 14,239 10,432
    IV. Request for Comments

    We invite your comments on:

    (a) Whether the collection of information is necessary for the proper performance of our functions, including whether the information will have practical use;

    (b) the accuracy of our estimated time and cost burden of the collection of information, including the validity of the methodology and assumptions used;

    (c) ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    (d) ways to minimize the burden of the collection of information on respondents, including increased use of automated collection techniques or other forms of information technology.

    We will summarize all comments received regarding this notice. We will publish that summary in the Federal Register when the information collection request is submitted to OMB for review and approval.

    V. Public Disclosure

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: January 20, 2015. Roseann Gonzales, Director, Policy and Administration.
    [FR Doc. 2015-03134 Filed 2-13-15; 8:45 am] BILLING CODE 4332-90-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR83550000, 14XR0680A1, RX.31580001.0090104] Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection (OMB Control Number 1006-0023) AGENCY:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    We, the Bureau of Reclamation, intend to submit a request for the renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB) titled, Forms to Determine Compliance by Certain Landholders, 43 CFR part 426, OMB Control Number 1006-0023.

    DATES:

    Submit written comments on the revised information collection on or before April 20, 2015.

    ADDRESSES:

    Send written comments or requests for copies of the proposed revised forms to Stephanie McPhee, Bureau of Reclamation, Office of Policy and Administration, 84-55000, P.O. Box 25007, Denver, CO 80225-0007; or via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Stephanie McPhee at (303) 445-2897.

    SUPPLEMENTARY INFORMATION: I. Abstract

    Identification of limited recipients—Some entities that receive Reclamation irrigation water may believe that they are under the Reclamation Reform Act of 1982 (RRA) forms submittal threshold and, consequently, may not submit the appropriate RRA form(s). However, some of these entities may in fact have a different RRA forms submittal threshold than what they believe it to be due to the number of natural persons benefiting from each entity and the location of the land held by each entity. In addition, some entities that are exempt from the requirement to submit RRA forms due to the size of their landholdings (directly and indirectly owned and leased land) may in fact be receiving Reclamation irrigation water for which the full-cost rate must be paid because the start of Reclamation irrigation water deliveries occurred after October 1, 1981 [43 CFR 426.6(b)(2)]. The information obtained through completion of the Limited Recipient Identification Sheet (Form 7-2536) allows us to establish entities' compliance with Federal reclamation law. The Limited Recipient Identification Sheet is disbursed at our discretion.

    Trust review—In order to administer section 214 of the RRA and 43 CFR 426.7, we are required to review and approve all trusts. Land held in trust generally will be attributed to the beneficiaries of the trust rather than the trustee if the criteria specified in the RRA and 43 CFR 426.7 are met. We may extend the option to complete and submit for our review the Trust Information Sheet (Form 7-2537) instead of actual trust documents when we become aware of trusts with a relatively small landholding (40 acres or less in districts subject to the prior law provisions of Federal reclamation law, 240 acres or less in districts subject to the discretionary provisions of Federal reclamation law). If we find nothing on the completed Trust Information Sheet that would warrant the further investigation of a particular trust, that trustee will not be burdened with submitting trust documents to us for in-depth review. The Trust Information Sheet is disbursed at our discretion.

    Acreage limitation provisions applicable to public entities—Land farmed by a public entity can be considered exempt from the application of the acreage limitation provisions provided the public entity meets certain criteria pertaining to the revenue generated through the entity's farming activities (43 CFR 426.10 and the Act of July 7, 1970, Pub. L. 91-310). We are required to ascertain whether or not public entities that receive Reclamation irrigation water meet such revenue criteria regardless of how much land the public entities hold (directly or indirectly own or lease) [43 CFR 426.10(a)]. In order to minimize the burden on public entities, standard RRA forms are submitted by a public entity only when the public entity holds more than 40 acres subject to the acreage limitation provisions westwide, which makes it difficult to apply the revenue criteria as required to those public entities that hold less than 40 acres. When we become aware of such public entities, we request those public entities complete and submit for our review the Public Entity Information Sheet (Form 7-2565), which allows us to establish compliance with Federal reclamation law for those public entities that hold 40 acres or less and, thus, do not submit a standard RRA form because they are below the RRA forms submittal threshold. In addition, for those public entities that do not meet the exemption criteria, we must determine the proper rate to charge for Reclamation irrigation water deliveries. The Public Entity Information Sheet is disbursed at our discretion.

    Acreage limitation provisions applicable to religious or charitable organizations—Some religious or charitable organizations that receive Reclamation irrigation water may believe that they are under the RRA forms submittal threshold and, consequently, may not submit the appropriate RRA form(s). However, some of these organizations may in fact have a different RRA forms submittal threshold than what they believe it to be depending on whether these organizations meet all of the required criteria for full special application of the acreage limitations provisions to religious or charitable organizations [43 CFR 426.9(b)]. In addition, some organizations that (1) do not meet the criteria to be treated as a religious or charitable organization under the acreage limitation provisions, and (2) are exempt from the requirement to submit RRA forms due to the size of their landholdings (directly and indirectly owned and leased land), may in fact be receiving Reclamation irrigation water for which the full-cost rate must be paid because the start of Reclamation irrigation water deliveries occurred after October 1, 1981 [43 CFR 426.6(b)(2)]. The Religious or Charitable Organization Identification Sheet (Form 7-2578) allows us to establish certain religious or charitable organizations' compliance with Federal reclamation law. The Religious or Charitable Organization Identification Sheet is disbursed at our discretion.

    II. Changes to the RRA Forms and Their Instructions

    The changes made to the currently approved RRA forms and the corresponding instructions are of an editorial nature, and are designed to assist the respondents by increasing their understanding of the forms, clarifying the instructions for completing the forms, and clarifying the information that is required to be on the forms. The proposed revisions to the Trust Information Sheet also include clarification of the 40-acre and 240-acre thresholds applicable to prior law districts and discretionary provisions districts, respectively. The proposed revisions to the RRA forms will be effective in the 2016 water year.

    III. Data

    OMB Control Number: 1006-0023.

    Title: Forms to Determine Compliance by Certain Landholders, 43 CFR part 426.

    Form Number: Form 7-2536, Form 7-2537, Form 7-2565, and Form 7-2578.

    Frequency: Generally, these forms will be submitted only once per identified entity, trust, public entity, or religious or charitable organization. Each year, we expect new responses in accordance with the following numbers.

    Respondents: Entity landholders, trusts, public entities, and religious or charitable organizations identified by Reclamation that are subject to the acreage limitation provisions of Federal reclamation law.

    Estimated Annual Total Number of Respondents: 500.

    Estimated Number of Responses per Respondent: 1.0.

    Estimated Total Number of Annual Responses: 500.

    Estimated Total Annual Burden on Respondents: 72 hours.

    Estimated Completion Time per Respondent: See table below.

    Form No. Burden
  • estimate
  • per form
  • (in minutes)
  • Number of
  • respondents
  • Annual
  • number of
  • responses
  • Annual
  • burden on
  • respondents
  • (in hours)
  • Limited Recipient Identification Sheet 5 175 175 15 Trust Information Sheet 5 150 150 13 Public Entity Information Sheet 15 100 100 25 Religious or Charitable Identification Sheet 15 75 75 19 Totals 500 500 72
    IV. Request for Comments

    We invite your comments on:

    (a) Whether the collection of information is necessary for the proper performance of our functions, including whether the information will have practical use;

    (b) the accuracy of our estimated time and cost burden of the collection of information, including the validity of the methodology and assumptions used;

    (c) ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    (d) ways to minimize the burden of the collection of information on respondents, including increased use of automated collection techniques or other forms of information technology.

    We will summarize all comments received regarding this notice. We will publish that summary in the Federal Register when the information collection request is submitted to OMB for review and approval.

    V. Public Disclosure

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: January 20, 2015. Roseann Gonzales, Director, Policy and Administration.
    [FR Doc. 2015-03135 Filed 2-13-15; 8:45 am] BILLING CODE 4332-90-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electronic Products, Including Products with Near Field Communication (“NFC”) System-Level Functionality and/or Battery Power-Up Functionality, Components Thereof, and Products Containing Same, DN 3056; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    1 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    2 United States International Trade Commission (USITC): http://edis.usitc.gov.

    3 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of NXP B.V. and NXP Semiconductors USA, Inc. on February 10, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic products, including products with near field communication (“NFC”) system-level functionality and/or battery power-up functionality, components thereof, and products containing same. The complaint names as respondent Dell, Inc. of Round Rock, TX. The complainant requests that the Commission issue a limited exclusion order, permanent cease and desist orders, and a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3056”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4 ). Persons with questions regarding filing should contact the Secretary (202-205-2000).

    4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5

    5 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Dated: February 11, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-03161 Filed 2-13-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Audio Processing Hardware and Software and Products Containing Same, DN 3055; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    1 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    2 United States International Trade Commission (USITC): http://edis.usitc.gov.

    3 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Andrea Electronics Corp. on February 9, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain audio processing hardware and software and products containing same. The complaint names as respondents Acer Inc. of Taiwan; Acer America Corp. of San Jose, CA; ASUSTeK Computer Inc. of Taiwan; ASUS Computer International of Fremont, CA; Dell Inc. of Round Rock, TX; Hewlett Packard Co. of Palo Alto, CA; Lenovo Group Ltd. of China; Lenovo Holding Co., Inc. of Morrisville, NC; Lenovo (United States) Inc. of Morrisville, NC; Toshiba Corp. of Japan; Toshiba America, Inc. of New York, NY; Toshiba America Information Systems, Inc. of Irvine, CA; and Realtek Semiconductor Corp. of Taiwan. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3055”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures4 ). Persons with questions regarding filing should contact the Secretary (202-205-2000).

    4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5

    5 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Dated: February 10, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-03105 Filed 2-13-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-513 and 731-TA-1249 (Final)] Sugar From Mexico; Cancellation of Hearing AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    DATES:

    Effective Date: February 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Amy Sherman (202-205-3289), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    On November 3, 2014, the Commission established a schedule for the conduct of the final phase of the subject investigations (79 FR 75591, December 18, 2014). The hearing scheduled for Tuesday, March 17, 2015 in the referenced investigations is cancelled. Should there be a need to reschedule the hearing, the Commission will provide notice of the new date and time for the hearing.

    For further information concerning these investigations see the Commission's notice cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

    Authority:

    These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Dated: February 10, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-03104 Filed 2-13-15; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0003] Agency Information Collection Activities; Proposed eCollection eComments Requested; Report of Multiple Sale or Other Disposition of Pistols and Revolvers AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies.

    DATES:

    Comments are encouraged and will be accepted for 60 days until April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Helen Koppe, Firearms Industry Programs Branch, at [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

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

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

    • Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection 1140-0003

    1. Type of Information Collection: Extension without change of an existing collection.

    2. The Title of the Form/Collection: Report of Multiple Sale or Other Disposition of Pistols and Revolvers.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number: ATF Form 3310.4.

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Business or other for-profit.

    Other: Federal Government, State, Local, or Tribal Government.

    Abstract: The information documents certain sales or other dispositions of handguns for law enforcement purposes and determines if the buyer is involved in an unlawful activity, or is a person prohibited by law from obtaining firearms.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 73,799 respondents will take 15 minutes to complete the form.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 82,292 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E.405B, Washington, DC 20530.

    Dated: February 11, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-03113 Filed 2-13-15; 8:45 am] BILLING CODE 4410-FY-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—PXI System Alliance, Inc

    Notice is hereby given that, on January 16, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), PXI Systems Alliance, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, SMH Technologies Srl, Villotta di Chions PN, ITALY, has been added as a party to this venture.

    Also, Sundance Multiprocessor Technology Ltd., Chesham Bucks, England, UNITED KINGDOM, has withdrawn as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PXI Systems Alliance, Inc. intends to file additional written notifications disclosing all changes in membership.

    On November 22, 2000, PXI Systems Alliance, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971).

    The last notification was filed with the Department on

    October 28, 2014. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 26, 2014 (79 FR 70555).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-03086 Filed 2-13-15; 8:45 am] BILLING CODE P
    Department of Justice Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—ODVA, Inc.

    Notice is hereby given that, on January 20, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), ODVA, Inc. (“ODVA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Don Electronics Ltd., Leeds/Yeadon, West Yorkshire, UNITED KINGDOM; NTI AG, Spreitenbach, SWITZERLAND; OEM Technology Solutions, Sydney, AUSTRALIA; Thermo Ramsey Inc., a part of Thermo Fisher Scientific, Waltham, MA, have been added as parties to this venture.

    Also, Ethernet Direct, Taipei, TAIWAN; MK Precision Co., Ltd., Seoul, REPUBLIC OF KOREA; Procon Engineering Limited, Sevenoaks, Kent, UNITED KINGDOM; and Shinho System, Seoul, REPUBLIC OF KOREA, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and ODVA intends to file additional written notifications disclosing all changes in membership.

    On June 21, 1995, ODVA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 15, 1996 (61 FR 6039).

    The last notification was filed with the Department on October 15, 2014. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 5, 2014 (79 FR 65702).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-03085 Filed 2-13-15; 8:45 am] BILLING CODE 4410-11-P
    DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Agency Information Collection Activities; Proposed eCollection eComments Requested; Reinstatement With Change of a Previously Approved Collection for Which Approval Has Expired Methodological Research to Support the National Crime Victimization Survey: Subnational Companion Study—American Crime Survey Field Test AGENCY:

    Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register at Volume 79, Number 238, pages 73627—73628, on December 11, 2014, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for additional days until March 19, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Michael Planty, Unit Chief, Victimization Statistics, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202-514-9746). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and/or —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    1. Type of Information Collection: New collection under activities related to the National Crime Victimization Survey Redesign Research (NCVS-RR) program: NCVS Subnational Companion Study—American Crime Survey Field Test.

    2. The Title of the Form/Collection: American Crime Survey (ACS).

    3. The agency form number: The form numbers are ASC1 and ASC2, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract: Adults ages 18 or older in 40 largest Core Based Statistical Areas (CBSAs) in the United States, as measured by the number of households. Since 2008, BJS has initiated numerous research projects to assess and improve upon the core NCVS methodology. The purpose of the Companion Survey Field Test will be to test a low-cost alternative self-administered survey for collecting information about violence and property crime to generate subnational, local level estimates of victimization. The goal of this test is to generate a survey that could parallel National Crime Victimization Survey (NCVS) and Uniform Crime Report (UCR) estimates over time, rather than replicate either of them, and could be used to assess whether local initiatives are correlated with changes in crime rates. A secondary goal is to assess change over time, as the Field Test will be administered over two years, with a cross-sectional address-based sample survey in 2015 and a second address-based sample survey in 2016. The rationale for collecting data in two years is that we are able to assess the ability of the instruments to detect change over time. An additional feature of the surveys being tested is the inclusion of a set of questions on perceptions of neighborhood safety, fear of crime, and police effectiveness, which would allow the survey to be used to assess changes in these perceptions as well. This information is not currently available from the NCVS.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: Over the two year period approximately 200,400 households are expected to complete the survey. The sample is divided into two groups by instrument version: ASC1 person-level survey and ASC2 incident-level survey. Over the two waves, for both versions, approximately 25% of households interviewed in year 1 will be re-interviewed in year 2.

    • The first group of 100,200 households will receive the ASC1, a person-level survey to measure prevalence or the number of adult household members victimized by one or more types of violent crime and the number of households victimized by types of property crime. The expected burden placed on these respondents is 12 minutes per respondent for a total of 20,040 burden hours for both years.

    • The second group of 100,200 households will receive the ASC2, an incident-level survey to measure the number of victimization incidents experienced by all adult household members. The expected burden placed on these respondents is 10.5 minutes for a total of 17,535 burden hours.

    6. An estimate of the total public burden (in hours) associated with the collection: The total respondent burden is approximately 37,575 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: February 11, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-03114 Filed 2-13-15; 8:45 am] BILLING CODE 4410-18-P
    LEGAL SERVICES CORPORATION Request for Letters of Intent To Apply for 2015 Technology Initiative Grant Funding AGENCY:

    Legal Services Corporation.

    ACTION:

    Notice.

    SUMMARY:

    The Legal Services Corporation (LSC) is issuing this Notice to describe the conditions under which Letters of Intent will be received for the Technology Initiative Grant (TIG) program. LSC's TIG program was established in 2000. Since that time, LSC has made 570 grants totaling more than $46 million. This grant program provides an important tool to help achieve LSC's goal of increasing the quantity and quality of legal services available to eligible persons. Projects funded under the TIG program develop, test and replicate innovative technologies that can enable grant recipients and state justice communities to improve low-income persons' access to high quality legal assistance through an integrated and well managed technology system. When submitting Letters of Intent, applicants should consider the growth and continued development of technology and the resulting effects on the practice of law, program management and service delivery.

    DATES:

    Letters of Intent must be submitted by 11:59 p.m. EDT on March 20, 2015.

    ADDRESSES:

    Letters of Intent must be submitted electronically at http://lscgrants.lsc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Jane Ribadeneyra, Program Analyst, Office of Program Performance, Legal Services Corporation, 3333 K Street NW., Washington, DC, 20007; (202) 295-1554 (phone); [email protected]

    SUPPLEMENTARY INFORMATION: General Information

    All prospective applicants for 2015 funds from the Legal Services Corporation's (LSC) Technology Initiative Grant (TIG) program must submit a “Letter of Intent” (LOI) prior to submitting a formal application. The format and contents of a Letter of Intent should conform to the requirements specified below in Section IV.

    The submission of a LOI enables a prospective applicant to vet its project ideas with TIG staff, who can then identify those projects that have a reasonable chance of success in the competitive grant process. LSC will solicit full proposals for those projects that have a reasonable chance of success in the grant competition process based on LSC's analysis of the information provided in the LOI.

    LSC Requirements

    Technology Initiative Grant funds are subject to all the requirements of the Legal Services Corporation Act of 1974, as amended (LSC Act), any applicable appropriations acts and any other applicable laws, rules, regulations, policies, guidelines, instructions, and other directives of the Legal Services Corporation (LSC), including, but not limited to, the LSC Audit Guide for Recipients and Auditors, the Accounting Guide for LSC Recipients (2010 Edition), the CSR Handbook (2011 Edition), the 1981 LSC Property Manual (as amended) and the Property Acquisition and Management Manual, with any amendments to the foregoing adopted before or during the period of the grant (see http://grants.lsc.gov/rin/grantee-guidance). Before submitting a Letter of Intent, applicants should be familiar with LSC's subgrant and transfer requirements at 45 CFR parts 1610 and 1627 (see http://www.lsc.gov/about/laws-regulations/lsc-regulations-cfr-45-part-1600-et-seq), particularly as they pertain to payments of LSC funds to other entities for programmatic activities.

    For additional information and resources regarding TIG compliance, including transfers, subgrants, third-party contracting, conflicts of interest, grant modification procedures, and special TIG grant assurances, see http://tig.lsc.gov/grants/compliance.

    Eligible Applicants

    TIG awards are only available to current LSC basic field grant recipients. A TIG will not be awarded to any applicant unless the applicant is in good standing on any existing TIG projects. Applicants must be up to date according to the milestone schedule on all existing TIG projects prior to submitting a LOI or have requested and received an adjustment to the original milestone schedule.

    TIG grants will not be awarded to any applicant unless the applicant has made satisfactory progress on all TIG grants previously awarded to it and is not subject to any short-term funding (i.e., less than one year) on basic field grants. LSC recipients that have had a previous TIG terminated for failure to provide timely reports and submissions are not eligible to receive a TIG for three years after their earlier grant was terminated. This policy does not apply to applicants that worked with LSC to end a TIG early after an unsuccessful project implementation resulting from technology limitations, a failed proof of concept, or other reasons outside of the applicant's control.

    Funding Availability

    LSC has received an appropriation of $4 million for fiscal year 2015 to fund TIG projects. In 2014, 38 TIG projects received funding with a median funding amount of $75,270. (See http://tig.lsc.gov/grants/past-grant-awards for more information on past awards.) LSC recommends a minimum amount for TIG funding requests of $40,000, but lower requests will be considered. There is no maximum amount for TIG funding requests that are within the total appropriation for TIG.

    Collaborations

    The TIG program encourages applicants to reach out to and include in TIG projects others interested in access to justice—the courts, bar associations, pro bono projects, libraries, and social service agencies. Partnerships can enhance the reach, effectiveness and sustainability of many projects.

    Grant Categories

    LSC will accept projects in two application categories:

    (1) Innovations and Improvements (2) Replication and Adaptation Grant Category 1: Innovations and Improvements

    The Innovations and Improvements Category is designated for projects that: (1) Implement new or innovative approaches for using technology in legal services, or (2) enhance the effectiveness and efficiency of existing technologies so that they may be better used to increase the quality and quantity of services to clients.

    Although there is no funding limit or matching requirement for applications in this category, additional weight is given to projects with strong support from partners. Proposals for initiatives with broad applicability and/or that would have impact throughout the legal services community are strongly encouraged. For applications that do not have broad applicability or impact, LSC will carefully consider the amount of the request and the balance of cost and potential benefit.

    Grant Category 2: Replication and Adaptation

    The Replication and Adaptation category is for proposals that seek to replicate, adapt, or provide added value to the work of prior technology projects. This includes, but is not limited to, the implementation and improvement of tested methodologies and technologies from previous TIG projects. Applicants may also replicate technology projects funded outside of the TIG program, including sectors outside the legal aid community, such as other social services organizations, the broader non-profit community, and the private sector.

    Project proposals in the Replication and Adaptation category may include, but are not limited to:

    A: Replication of Previous TIG Projects

    During the past fifteen years of TIG funding, there have been many successes. A list of examples of replicable projects and final reports can be found at http://tig.lsc.gov/grants/final-reports/final-report-samples-replicable-projects. LSC requires that any original software developed with TIG funding be available to other legal services programs at little or no cost. Applicants should look to previous successful TIG projects and determine how they could be replicated at a reduced cost from the original project, and/or how they could be built upon and enhanced. Projects where original software or content has already been created lend themselves to replication, and LSC encourages programs to look to these projects to see how they could benefit the delivery systems in their state.

    B: Automated Form Replication

    LawHelp Interactive (LHI 1 ) is now deployed in 41 states. There are over 3,000 active HotDocs templates and A2J Author modules being hosted on the LawHelp Interactive National HotDocs Server at https://lawhelpinteractive.org. While there are differences from state to state in the content and format, many of these forms can be edited for use in other jurisdictions with less effort, hence a lower cost, than starting from scratch.

    1 LHI is an automated document server powered by HotDocs Server and made available to any LSC funded program at no charge. See https://lawhelpinteractive.org.

    Even if a form differs from one state to another, the information needed to populate a form will, for the most part, be similar (What are the names of the plaintiff, the defendant, the children, etc.?). This means the interviews are more easily replicated than templates. All of these templates and interviews are available to be modified as needed. Applicants should identify which forms and templates are to be adapted, and then estimate the cost to do this and compare that to the cost of developing them from scratch.

    LHI has the capacity to support Spanish, Vietnamese, Mandarin, and Korean language interviews. In addition, LHI has been integrated with other systems to allow the flow of information between LHI and court e-filing systems, and legal aid case management systems. An “Events” feature is being developed that will enable pro bono programs from across a state to use LHI interviews and forms to assign pre-screened pro bono cases and their documents to panel attorneys. For additional information, including examples, best practices, models and training materials, see the LawHelp Interactive Resource Center hosted by Pro Bono Net at http://www.probono.net/dasupport (you may need to request a free membership to access this Web site).

    C: Replication of Technology Projects in Other Sectors

    In addition to replicating other TIG funded technology projects, LSC encourages replication of proven technologies from non-LSC funded legal aid organizations as well as sectors outside the legal aid community. Ideas for replication may be found through resources and organizations such as LSNTAP, the ABA, international legal aid providers such as the Legal Services Society of British Columbia and HiiL's Innovating Justice project (http://www.innovatingjustice.com), Idealware (see the article on Unleashing Innovation), NTEN, and TechSoup.

    III. Areas of Interest

    LSC welcomes applications for a wide variety of projects. For 2015, LSC has four areas of particular interest in which programs are encouraged to submit proposals for innovative technology approaches. The designation of these areas does not in any way limit the scope of proposals in which LSC is interested. The 2015 areas of particular interest are:

    A. Projects to Move Organizations Above the LSC Technology Baselines (revised 2015). The recently updated LSC Baselines: Technologies That Should Be in Place in a Legal Aid Office Today (revised 2015) provides a detailed overview of the technologies that enable modern legal aid offices to operate efficiently and effectively. While LSC's policy is that TIGs cannot be used to bring grantees up to the baselines in an area, we want to encourage applicants as they implement a baseline capacity to think about how they can do more than just the minimum. This area of interest is to encourage applicants to propose initiatives that advance their organizations beyond the 2015 Baselines by developing innovative, creative technology solutions that address at least one capacity identified in the Baselines and then exceeding it. Also, grantees applying under this area of interest should address how their project could establish a new technology best practice that could be incorporated into future versions of the Baselines.

    B. Technology Tools to Facilitate Access to Substantive Law Across Jurisdictions. A variety of technologies have the potential to enhance access to legal information and resources related to substantive laws with a national reach. These resources may be especially valuable given that they would be applicable to clients and advocates across the country. In the past, LSC has had a similar area of interest for substantive federal laws because of their uniformity across jurisdictions. This area of interest includes state-specific laws that have similarities across states and as to which information, resources and tools can therefore be replicated across states. A good example of this is expungement. Tools built to facilitate the expungement process in one jurisdiction have been modified and successfully replicated in other jurisdictions. LSC wants to encourage grantees to expand this approach to other substantive areas of the law.

    C. Automated Navigators for Pro Se Litigants. Navigating the complexities of the court system can be a challenge for advocates, and even more so for low-income persons representing themselves. This area encourages development of personal case navigators for low-income litigants to remind them of due dates, monitor court dockets, advise them on trial preparations, and coach them on courtroom strategies. While grantees do not have the resources to assign a coach to each pro se litigant, technology offers the promise to build automated systems that can help serve this role.

    Some existing TIGs have started to explore such systems already using automated SMS reminders for appointments. This area of interest encourages grantees to take this concept to the next level by building systems specific to case types that use timelines and monitor court dockets to guide pro se litigants through the entire course of their cases. Once set up, the system would remind the user of important dates and direct them to resources such as automated forms and videos. With the cooperation of the court, the system could monitor the court docket to notify the users of hearing dates and, if pleadings were filed by the other side, alert users to the next steps needed to respond and deadlines.

    D. Innovations in Legal Information Design and Delivery. Content should be developed with the end user in mind, but too often the end result is a reflection of what the developer determines the end user will need, rather than what the user determines he or she will best understand and find most helpful. Technology provides an opportunity to design and deliver legal information that is optimized for the end user. There are good examples of how user-centric design can improve legal innovation (see www.legaltechdesign.com and www.nulawlab.org). Projects in this area of interest could incorporate new approaches to visual law, online learning, user interaction and “legal information literacy” in the design and delivery of content. This could potentially focus on low/no-literacy and Limited English Proficiency (LEP) communities or others who are traditionally under-served by traditional methods. Alternatively, a project could also improve the design and effectiveness of online training and substantive practice resources for advocates and volunteers.

    IV. Specific Letter of Intent Requirements One Project per Letter of Intent

    Applicants may submit multiple LOIs, but a separate LOI should be submitted for each project for which funding is sought.

    Letter Requirements and Format

    Letters of Intent must be submitted using the online system at http://lscgrants.lsc.gov. Additional instructions and information can be found on the TIG Web site at http://tig.lsc.gov/grants/application-process. This system will walk you through the process of creating a simple two-page LOI. The LOI should concisely provide the following information about the proposed project:

    1. Category—select the appropriate category from the drop down list.

    2. Description of Project (maximum 2500 characters)—Briefly describe the basic elements of the project, including the specific technology(ies) the project will develop or implement; how they will be developed, how they will operate, the function they will serve within the legal services delivery system, their expected impact, and other similar factors. (Only the impact should be highlighted here; more details about the system's benefits should be provided below.)

    3. Major Benefits (maximum 2500 characters)—Describe the specific ways in which the project will increase or improve services to clients and/or enhance the effectiveness and efficiency of program operations. To the extent feasible, discuss both the qualitative and quantitative aspects of these benefits.

    4. Estimated Costs (maximum 1500 characters)—Start by stating the amount of funding you are seeking from the TIG program, followed by the estimated total project cost, summarizing the anticipated costs of the major components of the project. List anticipated contributions, both in-kind and monetary, from all partners involved in the project.

    5. Major Partners (maximum 1500 characters)—Identify organizations that are expected to be important partners. Specify the role(s) each partner will play.

    6. Innovation/Replication (maximum 1500 characters)—Identify how and why the proposed project is new and innovative and/or is a replication or adaptation of a previous technology project. Identify how and why the proposed project can significantly benefit and/or be replicated by other legal services providers and/or the legal services community at large.

    Letter of Intent Deadline

    Letters of Intent must be completed and submitted into the online system at http://lscgrants.lsc.gov no later than 11:59 p.m. EDT, Friday, March 20, 2015. The online system may experience technical difficulties due to heavy traffic on the day of the deadline. Applicants are strongly encouraged to complete LOI submissions as early as possible.

    LSC will not accept applications submitted after the application deadline unless a waiver of the deadline has been approved in advance (see Waiver Authority). Therefore, allow sufficient time for online submission.

    LSC will provide confirmation via email upon the completed electronic submission of each Letter of Intent. Keep this email as verification that the program's LOI was submitted. If no confirmation email is received, inquire about the status of your LOI at [email protected]

    Selection Process

    LSC will initially review all LOI to determine whether they conform to the required format and clearly present all of the required elements. These requirements are listed and described above. Failure to meet these requirements may result in rejection of the LOI.

    Each proposal will be reviewed to identify those LOI that propose projects likely to improve access to justice or the efficiency, effectiveness, and quality of legal services provided by grantees. The LOI will also be reviewed to determine the extent to which the project proposed is clearly described and well thought out, offers major benefits to our targeted client community, is cost-effective, involves all of the parties needed to make it successful and sustainable, and is either innovative or a cost-effective replication of prior successful projects. Those applicants satisfying these criteria will be invited to submit full applications.

    Next Steps for Successful Applicants

    LSC will notify successful Letter of Intent applicants by Thursday, April 30, 2015. Successful applicants will have until 11:59 p.m. EDT, Monday, June 15, 2015 to complete full applications in the online application system.

    Waiver Authority

    LSC, upon its own initiative or when requested, may waive provisions in this Notice at its sole discretion under extraordinary circumstances and when it is in the best interest of the eligible client community. Waivers may be granted only for requirements that are discretionary and not mandated by statute or regulation. Any request for a waiver must set forth the extraordinary circumstances for the request and be included in the application. LSC will not consider a request to waive the deadline for a LOI unless the waiver request is received by LSC prior to the deadline.

    Contact Information

    For information on the status of a current TIG project, contact Eric Mathison, Program Analyst, Telephone: 202-295-1535; Email: [email protected]

    For questions about projects in CT, DC, IL, IN, ME, MA, MI, NH, NJ, NY, OH, PA, RI, WI, WV, VT, contact David Bonebrake, Program Counsel, Telephone: 202.295.1547; Email: [email protected]

    For questions about projects in AK, AZ, CA, CO, GU, HI, ID, IA, KS, MP, MN, MT, NE., NV, NH, NM, ND, OK, OR, SD, TX, UT, WA, WY, contact Glenn Rawdon, Program Counsel, Telephone: 202.295.1552; Email: [email protected]

    For questions about projects in AL, AR, FL, GA, KY, LA, MD, MS, MO, NC, PR, SC, TN, VI, VA, contact Jane Ribadeneyra, Program Analyst, Telephone: 202.295.1554, Email: [email protected]

    If you have a general question, please email [email protected]

    Dated: February 11, 2015. Stefanie K. Davis, Assistant General Counsel.
    [FR Doc. 2015-03159 Filed 2-13-15; 8:45 am] BILLING CODE 7050-01-P
    NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meeting of National Council on the Humanities AGENCY:

    National Endowment for the Humanities.

    ACTION:

    Notice of meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, notice is hereby given that the National Council on the Humanities will meet to advise the Chairman of the National Endowment for the Humanities (NEH) with respect to policies, programs and procedures for carrying out his functions; to review applications for financial assistance under the National Foundation on the Arts and Humanities Act of 1965 and make recommendations thereon to the Chairman; and to consider gifts offered to NEH and make recommendations thereon to the Chairman.

    DATES:

    The meeting will be held on Thursday, March 5, 2015, from 10:30 until adjourned, and Friday, March 6, 2015, from 9 a.m. until adjourned.

    ADDRESSES:

    The meeting will be held at Constitution Center, 400 7th Street SW., Washington, DC 20506. See SUPPLEMENTARY INFORMATION section for room numbers.

    FOR FURTHER INFORMATION CONTACT:

    Lisette Voyatzis, Committee Management Officer, 400 7th Street SW., 4th Floor, Washington, DC 20506; (202) 606-8322; [email protected]. Hearing-impaired individuals who prefer to contact us by phone may use NEH's TDD terminal at (202) 606-8282.

    SUPPLEMENTARY INFORMATION:

    The National Council on the Humanities is meeting pursuant to the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 951-960, as amended). The Committee meetings of the National Council on the Humanities will be held on March 5, 2015, as follows: the policy discussion session (open to the public) will convene at 10:30 a.m. until approximately 11:30 a.m., followed by the discussion of specific grant applications and programs before the Council (closed to the public) from 11:30 a.m. until 12:30 p.m.

    Digital Humanities: Room P002.

    Education Programs: Conference Room C.

    Preservation and Access: Room P003.

    Public Programs & Federal/State Partnership: Room 4002.

    Research Programs: Room 2002.

    In addition, the Jefferson Lecture Committee (closed to the public) will meet from 2 p.m. until 3 p.m. in Room 4002.

    The plenary session of the National Council on the Humanities will convene on March 6, 2015, at 9 a.m. in the Conference Center at Constitution Center. The agenda for the morning session (open to the public) will be as follows:

    A. Minutes of the Previous Meeting B. Reports 1. Chairman's Remarks 2. Deputy Chairman's Remarks 3. Presentation by Jeff Rosen, President and CEO of the National Constitution Center 4. Congressional Affairs Report 5. Budget Report 6. Reports on Policy and General Matters a. Digital Humanities b. Education Programs c. Preservation and Access d. Public Programs e. Federal/State Partnership f. Research Programs g. Jefferson Lecture

    The remainder of the plenary session will be for consideration of specific applications and therefore will be closed to the public.

    As identified above, portions of the meeting of the National Council on the Humanities will be closed to the public pursuant to sections 552b(c)(4), 552b(c)(6) and 552b(c)(9)(b) of Title 5 U.S.C., as amended. The closed sessions will include review of personal and/or proprietary financial and commercial information given in confidence to the agency by grant applicants, and discussion of certain information, the premature disclosure of which could significantly frustrate implementation of proposed agency action. I have made this determination pursuant to the authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee Meetings dated July 19, 1993.

    Please note that individuals planning to attend the public sessions of the meeting are subject to security screening procedures. If you wish to attend any of the public sessions, please inform NEH as soon as possible by contacting Ms. Katherine Griffin at (202) 606-8322 or [email protected]. Please also provide advance notice of any special needs or accommodations, including for a sign language interpreter.

    Dated: February 10, 2015. Lisette Voyatzis, Committee Management Officer.
    [FR Doc. 2015-03156 Filed 2-13-15; 8:45 am] BILLING CODE 7536-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203); Materials Research Science and Engineering Center (MRSEC), Northwestern University Site Visit.

    Dates & Times:

    April 15, 2015; 7:15 p.m.-9:00 p.m. April 16, 2015; 7:15 a.m.-8:30 p.m. April 17, 2015; 7:15 a.m.-4:00 p.m.

    Place: Northwestern University, Evanston, IL 60208.

    Type of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose of Meeting: To provide advice and recommendations concerning further support of the MRSEC at Northwestern University.

    Agenda Wednesday, April 15, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel Thursday, April 16, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC 5:00 p.m.-6:45 p.m. Closed—Executive Session 6:45 p.m.-8:30 p.m. Open—Dinner Friday, April 17, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report

    Reason for Closing: The work being reviewed during this site visit may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03173 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203); Materials Research Science and Engineering Center (MRSEC), Duke University Site Visit.

    Dates & Times:

    May 13, 2015; 7:15 p.m.-9:00 p.m. May 14, 2015; 7:15 a.m.-8:30 p.m. May 15, 2015; 7:15 a.m.-4:00 p.m.

    Place: Duke University, Durham, NC 27708.

    Type of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose of Meeting: To provide advice and recommendations concerning further support of the MRSEC at Duke University.

    Agenda Wednesday, May 13, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel Thursday, May 14, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC 5:00 p.m.-6:45 p.m. Closed—Executive Session 6:45 p.m.-8:30 p.m. Open—Dinner Friday, May 15, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report

    Reason for Closing: The work being reviewed during this site visit may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03171 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203), Materials Research Science and Engineering Center (MRSEC), Cornell University Site Visit.

    Dates & Times:

    May 20, 2015; 7:15 p.m.-9:00 p.m. May 21, 2015; 7:15 a.m.-8:30 p.m. May 22, 2015; 7:15 a.m.-4:00 p.m.

    Place: Cornell University, Ithaca, NY 14850.

    Type of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose of Meeting: To provide advice and recommendations concerning further support of the MRSEC at Cornell University.

    Agenda

    Wednesday, May 20, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel Thursday, May 21, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC 5:00 p.m.-6:45 p.m. Closed—Executive Session 6:45 p.m.-8:30 p.m. Open—Dinner Friday, May 22, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report

    Reason for Closing: The work being reviewed during this site visit may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03170 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203), Materials Research Science and Engineering Center (MRSEC), University of Pennsylvania Site Visit.

    Dates & Times: April 19, 2015; 7:15 p.m.-9:00 p.m.

    April 20, 2015; 7:15 a.m.-8:30 p.m.

    April 21, 2015; 7:15 a.m.-4:00 p.m.

    Place: University of Pennsylvania, Philadelphia, PA 19104.

    Type Of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose Of Meeting: To provide advice and recommendations concerning further support of the MRSEC at Northwestern University.

    Agenda Sunday, April 19, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel Monday, April 20, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC 5:00 p.m.-6:45 p.m. Closed—Executive Session 6:45 p.m.-8:30 p.m. Open—Dinner Tuesday, April 21, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report

    Reason for Closing: The work being reviewed during this site visit may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03174 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203); Materials Research Science and Engineering Center (MRSEC), UCSB Site Visit.

    Dates & Times:

    May 6, 2015; 7:15 p.m.-9:00 p.m. May 7, 2015; 7:15 a.m.-8:30 p.m. May 8, 2015; 7:15 a.m.-4:00 p.m.

    Place: UCSB, Santa Barbara, CA 93106.

    Type of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose of Meeting: To provide advice and recommendations concerning further support of the MRSEC at UCSB.

    Agenda Wednesday, May 6, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel Thursday, May 7, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC 5:00 p.m.-6:45 p.m. Closed—Executive Session 6:45 p.m.-8:30 p.m. Open—Dinner Friday, May 8, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report

    Reason for Closing: The work being reviewed during this site visit may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03175 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203); Materials Research Science and Engineering Center (MRSEC), University of Utah Site Visit.

    Dates & Times:

    May 27, 2015; 7:15 p.m.-9:00 p.m. May 28, 2015; 7:15 a.m.-8:30 p.m. May 29, 2015; 7:15 a.m.-4:00 p.m.

    Place: University of Utah, Salt Lake City, UT 84112.

    Type of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose Of Meeting: To provide advice and recommendations concerning further support of the MRSEC at the University of Utah.

    Agenda Wednesday, May 27, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel. Thursday, May 28, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC. 5:00 p.m.-6:45 p.m. Closed—Executive Session. 6:45 p.m.-8:30 p.m. Open—Dinner. Friday, May 29, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session. 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report.

    Reason For Closing: The work being reviewed during the site visit may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03176 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

    Name: Proposal Review Panel for Materials Research (#1203); Materials Research Science and Engineering Center (MRSEC), University of Michigan Site Visit.

    Dates & Times:

    June 3, 2015; 7:15 p.m.-9:00 p.m. June 4, 2015; 7:15 a.m.-8:30 p.m. June 5, 2015; 7:15 a.m.-4:00 p.m.

    Place: University of Michigan, Ann Arbor, MI 48109.

    Type of Meeting: Part open.

    Contact Person: Dr. Daniele Finotello, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.

    Purpose of Meeting: To provide advice and recommendations concerning further support of the MRSEC at the University of Michigan.

    Agenda Wednesday, June 3, 2015 7:15 p.m.-9:00 p.m. Closed—Briefing of panel Thursday, June 4, 2015 7:15 a.m.-4:30 p.m. Open—Review of the MRSEC 5:00 p.m.-6:45 p.m. Closed—Executive Session 6:45 p.m.-8:30 p.m. Open—Dinner Friday, June 5, 2015 7:15 a.m.-9:50 a.m. Closed—Executive Session 9:50 a.m.-4:00 p.m. Closed—Executive Session, Draft and Review Report

    Reason for Closing: The work being reviewed may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-03172 Filed 2-13-15; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2015-0029] Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Biweekly notice.

    SUMMARY:

    Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person.

    This biweekly notice includes all notices of amendments issued, or proposed to be issued from January 22, 2015 to February 4, 2015. The last biweekly notice was published on February 3, 2015.

    DATES:

    Comments must be filed by March 19, 2015. A request for a hearing must be filed by April 20, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):

    Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0029. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: O12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Mable Henderson, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3760, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2015-0029 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0029.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the “Availability of Documents” section.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2015-0029 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Proposed No Significant Hazards Consideration Determination

    The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission's regulations in § 50.92 of Title 10 of the Code of Federal Regulations (10 CFR), this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment request is shown below.

    The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.

    Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.

    A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license or combined license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

    As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the requestor/petitioner seeks to have litigated at the proceeding.

    Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing.

    If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of any amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.

    B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the E-Submittal server are detailed in the NRC's “Guidance for Electronic Submission,” which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.

    If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

    Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the “Contact Us” link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

    Petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Requests for hearing, petitions for leave to intervene, and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-(iii).

    For further details with respect to these license amendment applications, see the application for amendment which is available for public inspection in ADAMS and at the NRC's PDR. For additional direction on accessing information related to this document, see the “Obtaining Information and Submitting Comments” section of this document.

    Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon, Vermont

    Date of amendment request: March 28, 2014. A publicly-available version is in ADAMS under Accession No. ML14091A291.

    Description of amendment request: The proposed amendment would revise the Operating License and the associated Technical Specifications to Permanently Defueled Technical Specifications consistent with the permanent cessation of reactor operation and permanent defueling of the reactor.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration which is presented below and staff's changes/additions are provided in [ ]:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed amendment would not take effect until [Vermont Yankee] (VY) has permanently ceased operation and entered a permanently defueled condition. [On January 12, 2015, Entergy Nuclear Operations, Inc. provided certifications in accordance with 10 CFR 50.82(a)(1)(i) and (ii) that VY had permanently ceased power operations on December 29, 2014, and that as of January 12, 2015, all fuel had been permanently removed from the reactor vessel and placed in the spent fuel pool.] The proposed amendment would modify the VY [Operating License] (OL) and [Technical Specifications] (TS) by deleting the portions of the OL and TS that are no longer applicable to a permanently defueled facility, while modifying the other sections to correspond to the permanently defueled condition. This change is consistent with the criteria set forth in 10 CFR 50.36 for the contents of TS.

    Section 14 of the VY Updated Final Safety Analysis Report (UFSAR) describes the design basis accident (DBA) and transient scenarios applicable to VY during power operations. Once the reactor is in a permanently defueled condition, the spent fuel pool and its cooling systems will be dedicated only to spent fuel storage. In this condition, the spectrum of credible accidents will be much smaller than for an operational plant. Once the certifications are docketed by VY in accordance with 10 CFR 50.82(a)(1), and the consequent removal of authorization to operate the reactor or to place or retain fuel in the reactor vessel in accordance with 10 CFR 50.82(a)(2), the majority of the accident scenarios previously postulated in the UFSAR will no longer be possible and will be removed from the UFSAR under the provisions of 10 CFR 50.59.

    The deletion of TS definitions and rules of usage and application, that will not be applicable in a defueled condition, has no impact on facility SSCs or the methods of operation of such SSCs. The deletion of design features and safety limits not applicable to the permanently shutdown and defueled status of VY has no impact on the remaining applicable DBA, the Fuel Handling Accident (FHA). The removal of [Limiting Conditions for Operation] (LCOs) or [Surveillance Requirements] (SRs) that are related only to the operation of the nuclear reactor or only to the prevention, diagnosis, or mitigation of reactor related transients or accidents do not affect the applicable DBAs previously evaluated since these DBAs are no longer applicable in the defueled mode. The safety functions involving core reactivity control, reactor heat removal, reactor coolant system inventory control, and containment integrity are no longer applicable at VY as a permanently defueled plant. The analyzed [design basis] accidents involving damage to the reactor coolant system, main steam lines, reactor core, and the subsequent release of radioactive material [as a result of those accidents] will no longer be possible at VY.

    After VY permanently ceases operation, the future generation of fission products will cease and the remaining source term will decay. The radioactive decay of the irradiated fuel following shutdown of the reactor will have reduced the consequences of the FHA below those previously analyzed.

    The spent fuel pool (SFP) water level, temperature and storage TSs are retained to preserve the current requirements for safe storage of irradiated fuel. SFP cooling and makeup related equipment and support equipment (e.g., electrical power systems) are not required to be continuously available since there will be sufficient time to effect repairs, establish alternate sources of makeup flow, or establish alternate sources of cooling in the event of a loss of cooling and makeup flow to the SFP.

    The TS for outdoor tanks that contain radioactivity that are not surrounded by liners, dikes, or walls capable of holding the tank contents, or that do not have tank overflows and surrounding area drains connected to the liquid radwaste treatment system are retained to preserve the current requirements for safe storage of radioactive liquids. Restricting the quantity of radioactive material contained in the specified tanks provides assurance that in the event of an uncontrolled release of the tanks' contents, the resulting concentrations would be less than the limits of 10 CFR part 20.1001-20.2402, Appendix B, Table 2, Column 2, at the nearest potable water supply and in the nearest surface water supply in an unrestricted area.

    The probability of occurrence of previously evaluated accidents is not increased, since extended operation in a defueled condition will be the only operation allowed, and therefore bounded by the existing analyses. Additionally, the occurrence of postulated accidents associated with reactor operation will no longer be credible in a permanently defueled reactor. This significantly reduces the scope of applicable accidents.

    Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes have no impact on facility SSCs affecting the safe storage of irradiated fuel, or on the methods of operation of such SSCs, or on the handling and storage of irradiated fuel itself. The removal of TS that are related only to the operation of the nuclear reactor or only to the prevention, diagnosis, or mitigation of reactor related transients or accidents, cannot result in different or more adverse failure modes or accidents than previously evaluated because the reactor will be permanently shutdown and defueled and VY will no longer be authorized to operate the reactor.

    The proposed deletion of requirements of the VY OL and TS do not affect systems credited in the accident analysis for the FHA at VY. The proposed OL and TS will continue to require proper control and monitoring of safety significant parameters and activities.

    The proposed restriction on the SFP level is fulfilled by normal operating conditions and preserves initial conditions assumed in the analyses of the postulated DBA. The SFP water level, temperature, and storage TSs are retained to preserve the current requirements for safe storage of irradiated fuel.

    The TS for outdoor tanks that contain radioactivity that are not surrounded by liners, dikes, or walls capable of holding the tank contents, or that do not have tank overflows and surrounding area drains connected to the liquid radwaste treatment system are retained to preserve the current requirements for safe storage of radioactive liquids.

    The proposed amendment does not result in any new mechanisms that could initiate damage to the remaining relevant safety barriers for defueled plants (fuel cladding and spent fuel cooling). Since extended operation in a defueled condition will be the only operation allowed, and therefore bounded by the existing analyses, such a condition does not create the possibility of a new or different kind of accident.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    Because the 10 CFR part 50 license for VY will no longer authorize operation of the reactor or emplacement or retention of fuel into the reactor vessel once the certifications required by 10 CFR 50.82(a)(1) are submitted, as specified in 10 CFR 50.82(a)(2), the occurrence of postulated accidents associated with reactor operation is no longer credible. The only remaining credible accident is a FHA. The proposed amendment does not adversely affect the inputs or assumptions of any of the design basis analyses that impact the FHA.

    The proposed changes are limited to those portions of the OL and TS that are not related to the safe storage of irradiated fuel. The requirements that are proposed to be revised or deleted from the VY OL and TS are not credited in the existing accident analysis for the remaining applicable postulated accident; and as such, do not contribute to the margin of safety associated with the accident analysis. Postulated design basis accidents involving the reactor will no longer be possible because the reactor will be permanently shutdown and defueled and VY will no longer be authorized to operate the reactor.

    Therefore, the proposed change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Ms. Jeanne Cho, Assistant General Counsel, Entergy Nuclear Operations, Inc., 400 Hamilton Avenue, White Plains, NY 10601.

    NRC Branch Chief: Douglas A. Broaddus.

    Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon, Vermont

    Date of amendment request: September 4, 2014. A publicly-available version is in ADAMS under Accession No. ML14254A405.

    Description of amendment request: The proposed amendment would delete from the Vermont Yankee Nuclear Power Station (VY) Renewed Facility Operating License (OL) certain license conditions which impose specific requirements on the decommissioning trust agreement, on the basis that Entergy Nuclear Operations, Inc., has elected to subject its decommissioning trust agreement to the regulatory requirements for decommissioning trust funds that are specified in 10 CFR 50.75(h). The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform DELEGATION OF AUTHORITY to the regulations adopted by the NRC's Final Rule for Decommissioning Trust Provisions published on December 24, 2002 (67 FR 78332), was specifically contemplated by the provisions of 10 CFR 50.75(h)(5).

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration which is presented below and staff's changes are provided in [ ]:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The requested changes delete certain license conditions pertaining to Decommissioning Trust Agreements currently in Section 3.J of the VY OL.

    The requested changes are consistent with the types of license amendments permitted in 10 CFR 50.75(h)(5).

    The regulations of 10 CFR 50.75(h)(4) state “Unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility that does no more than delete specific license conditions relating to the terms and conditions of decommissioning trust agreements involves no significant hazard considerations.”

    This request involves changes that are administrative in nature. No actual plant equipment or accident analyses will be affected by the proposed changes.

    Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    This request involves administrative changes to the license that will be consistent with the NRC's regulations at 10 CFR 50.75(h).

    No actual plant equipment or accident analyses will be affected by the proposed change[s] and no failure modes not bounded by previously evaluated accidents will be created.

    Therefore, the proposed change[s] do[es] not create the possibility of a new or different kind of accident from any previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    This request involves administrative changes to the license that will be consistent with the NRC's regulations at 10 CFR 50.75(h).

    Margin of safety is associated with confidence in the ability of the fission product barriers to limit the level of radiation dose to the public.

    No actual plant equipment or accident analyses will be affected by the proposed change[s]. Additionally, the proposed changes will not relax any criteria used to establish safety limits, will not relax any safety systems settings, or will not relax the bases for any limiting conditions of operation.

    Therefore, the proposed change[s] do[es] not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Ms. Jeanne Cho, Assistant General Counsel, Entergy Nuclear Operations, Inc., 400 Hamilton Avenue, White Plains, NY 10601.

    NRC Branch Chief: Douglas A. Broaddus.

    Entergy Operations, Inc., System Energy Resources, Inc., South Mississippi Electric Power Association, and Entergy Mississippi, Inc., Docket No. 50-416, Grand Gulf Nuclear Station, Unit 1 (GGNS), Claiborne County, Mississippi

    Date of amendment request: June 26, 2014. A publicly-available version is in ADAMS under Accession No. ML14177A270.

    Description of amendment request: The proposed amendment would revise the GGNS Technical Specifications (TSs) Surveillance Requirements (SRs) for safety-related battery resistances in TS SRs 3.8.4.2 and 3.8.4.5 for batteries 1A3, 1B3, and 1C3.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change revises the TS SRs for safety-related battery resistances in TS SRs 3.8.4.2 and 3.8.4.5. This change addresses a potential non-conservative TS value. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change revises the TS SRs for safety-related battery resistances in TS SRs 3.8.4.2 and 3.8.4.5. The change does not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operations. The change does not alter assumptions made in the safety analysis.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change revises the TS SRs for safety-related battery resistances in TS SRs 3.8.4.2 and 3.8.4.5. The proposed change does not alter the manner in which safety limits, limiting safety system settings or limiting conditions for operation are determined. This change addresses a potential non-conservative TS value. Therefore, the proposed change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Joseph A. Aluise, Associate General Council—Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New Orleans, LA 70113.

    NRC Branch Chief: Douglas A. Broaddus.

    Entergy Operations, Inc., System Energy Resources, Inc., South Mississippi Electric Power Association, and Entergy Mississippi, Inc., Docket No. 50-416, Grand Gulf Nuclear Station, Unit 1, Claiborne County, Mississippi

    Date of amendment request: October 7, 2014, as supplemented by letter dated January 6, 2015. Publicly-available versions are in ADAMS under Accession Nos. ML14280A092, and ML15006A229, respectively.

    Description of amendment request: The proposed amendment would revise or add technical specification (TS) surveillance requirements (SRs) that require verification that the Emergency Core Cooling System (ECCS), the Residual Heat Removal (RHR)/Shutdown Cooling (SDC) System, the Containment Spray (CS) System, and the Reactor Core Isolation Cooling (RCIC) System are not rendered inoperable due to accumulated gas and to provide allowances, which permit performance of the revised verification. The changes are being made to address the concerns discussed in Generic Letter 2008-01, “Managing Gas Accumulation in Emergency Core Cooling, Decay Heat Removal, and Containment Spray Systems.” The proposed TS changes are based on NRC-approved TS Task Force (TSTF) Traveler TSTF-523, Revision 2, “Generic Letter 2008-01, Managing Gas Accumulation,” dated February 21, 2013 (ADAMS Accession No. ML13053A075). The NRC staff issued a Notice of Availability for TSTF-523, Revision 2, for plant-specific adoption using the consolidated line item improvement process, in the Federal Register on January 15, 2014 (79 FR 2700).

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change revises or adds Surveillance Requirement(s) (SRs) that require verification that the Emergency Core Cooling System (ECCS), the Residual Heat Removal (RHR)/Shutdown Cooling (SDC) System, the Containment Spray (CS) System, and the Reactor Core Isolation Cooling (RCIC) System are not rendered inoperable due to accumulated gas and to provide allowances which permit performance of the revised verification. Gas accumulation in the subject systems is not an initiator of any accident previously evaluated. As a result, the probability of any accident previously evaluated is not significantly increased. The proposed SRs ensure that the subject systems continue to be capable to perform their assumed safety function and are not rendered inoperable due to gas accumulation. Thus, the consequences of any accident previously evaluated are not significantly increased.

    Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change revises or adds SRs that require verification that the ECCS, the RHR/SDC System, the CS System, and the RCIC System are not rendered inoperable due to accumulated gas and to provide allowances which permit performance of the revised verification. The proposed change does not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. In addition, the proposed change does not impose any new or different requirements that could initiate an accident. The proposed change does not alter assumptions made in the safety analysis and is consistent with the safety analysis assumptions.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change revises or adds SRs that require verification that the ECCS, the DHR [Decay Heat Removal]/RHR/SDC System, the CS System, and the RCIC System are not rendered inoperable due to accumulated gas and to provide allowances which permit performance of the revised verification. The proposed change adds new requirements to manage gas accumulation in order to ensure the subject systems are capable of performing their assumed safety functions. The proposed SRs are more comprehensive than the current SRs and will ensure that the assumptions of the safety analysis are protected. The proposed change does not adversely affect any current plant safety margins or the reliability of the equipment assumed in the safety analysis. Therefore, there are no changes being made to any safety analysis assumptions, safety limits or limiting safety system settings that would adversely affect plant safety as a result of the proposed change.

    Therefore, the proposed change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Joseph A. Aluise, Associate General Council—Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New Orleans, LA 70113.

    NRC Branch Chief: Douglas A. Broaddus.

    Exelon Generation Company (EGC), LLC, Docket No. 50-461, Clinton Power Station (CPS), Unit 1, DeWitt County, Illinois

    Date of amendment request: November 17, 2014. A publicly-available version is in ADAMS under Accession No. ML14321A882.

    Description of amendment request: The amendment would revise technical specification (TS) 5.5.2, “Primary Coolant Sources Outside Containment,” to change the integrated leak testing frequency for systems subject to TS 5.5.2 and make the provisions of surveillance requirement (SR) 3.0.2 applicable to TS 5.5.2.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change to the CPS, Unit 1, TS 5.5.2, “Primary Coolant Sources Outside Containment” program, does not involve a physical change to the plant or a change in the manner in which the plant is operated or controlled. The proposed amendment affects only the interval at which integrated system leak tests are performed, not the effectiveness of the integrated leak test requirements for the identified systems. The proposed change effectively results in the performance of the integrated system leak tests at the same frequency that these tests are currently being performed. Incorporation of the allowance to extend the 24-month interval by 25%, as allowed by SR 3.0.2, does not significantly degrade the reliability that results from performing the surveillance at its specified frequency. Implementation of the proposed change will continue to provide adequate assurance that during design basis accidents, the containment and its components would limit leakage rates to less than the values assumed in the plant safety analyses.

    Test intervals are not considered as initiators of any accident previously evaluated. As a result, the probability of any accident previously evaluated is not significantly increased by the proposed amendment. TS 5.5.2 continues to require the performance of periodic integrated system leak tests. As stated in TS 5.5.2, the required plan provides controls to minimize leakage from those portions of systems outside containment that could contain highly radioactive fluids during a serious transient or accident to levels as low as practicable. Therefore, accident analysis assumptions will still be verified. The proposed change does not impact the purpose of this plan. As a result, the consequences of any accident previously evaluated are not significantly increased.

    Therefore, the probability and consequences of an accident previously evaluated will not be increased by this proposed change.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The testing requirements, to minimize leakage from those portions of systems outside containment that could contain highly radioactive fluids during a serious transient or accident, exist to ensure the plant's ability to mitigate the consequences of an accident and do not involve any accident precursors or initiators. The proposed amendment affects only the interval at which integrated system leak tests are performed; they do not alter the design or physical configuration of the plant. The proposed change does not involve a physical change to the plant (i.e., no new or different type of equipment will be installed) or a change to the manner in which the plant is currently operated or controlled.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change does not alter the manner in which safety limits, limiting safety system setpoints, or limiting conditions for operation are determined. The specific requirements and conditions of the primary coolant sources outside containment program, as proposed, will continue to ensure that the leakage from the identified systems outside containment is minimized. The proposed amendment provides operating flexibility without significantly affecting plant operation.

    Therefore, the proposed change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555.

    NRC Branch Chief: Travis L. Tate.

    South Carolina Electric and Gas Company Docket Nos.: 52-027 and 52-028, Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, Fairfield County, South Carolina

    Date of amendment request: October 30, 2014. A publicly-available version is in ADAMS under Accession No. ML14303A635.

    Description of amendment request: The proposed change would revise the Combined Licenses in regard to removing an unneeded supply line from the Compressed and Instrument Air System (CAS) to the generator breaker package, and its associated Updated Final Safety Analysis Report (UFSAR) text referrals.

    Because, this proposed change requires a departure from Tier 1 information in the Westinghouse Advanced Passive 1000 Design Control Document (DCD), the licensee also requested an exemption from the requirements of the Generic DCD Tier 1 in accordance with 10 CFR 52.63(b)(1).

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change deletes a nonsafety-related air supply line to the (main) generator circuit breaker (GCB) from the CAS. The proposed changes do not involve any accident initiating component/system failure or event, thus the probabilities of the accidents previously evaluated are not affected. The affected equipment does not affect or interact with safety-related equipment or a radioactive material barrier, and this activity does not involve the containment of radioactive material. Thus, the proposed changes would not affect any safety-related accident mitigating function. The radioactive material source terms and release paths used in the safety analyses are unchanged, thus the radiological releases in the UFSAR accident analyses are not affected.

    Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change deletes a nonsafety-related air supply line to the GCB from CAS. No structure, system or component (SSC) or design function is affected, thus no equipment whose failure could initiate an accident is involved. No new interface with components that contain radioactive material is created. The proposed change does create a new fault or sequence of events that could result in a radioactive material release.

    Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change deletes a nonsafety-related air supply line to the GCB from CAS. The proposed changes do not affect any safety-related equipment or function. The UFSAR Chapters 6 and 15 analyses are not affected. No safety analysis or design basis acceptance limit/criterion is challenged or exceeded by the proposed changes, thus a margin of safety is not directly nor indirectly affected.

    Therefore, the requested amendment does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Ms. Kathryn M. Sutton, Morgan, Lewis & Bockius LLC, 1111 Pennsylvania Avenue NW., Washington, DC 20004-2514.

    NRC Branch Chief: Lawrence J. Burkhart.

    III. Notice of Issuance of Amendments to Facility Operating Licenses and Combined Licenses

    During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment.

    A notice of consideration of issuance of amendment to facility operating license or combined license, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register as indicated.

    Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.22(b) and has made a determination based on that assessment, it is so indicated.

    For further details with respect to the action see (1) the applications for amendment, (2) the amendment, and (3) the Commission's related letter, Safety Evaluation and/or Environmental Assessment as indicated. All of these items can be accessed as described in the “Obtaining Information and Submitting Comments” section of this document.

    Duke Energy Progress, Inc., Docket Nos. 50-325 and 50-324, Brunswick Steam Electric Plant, Units 1 and 2, Brunswick County, North Carolina

    Date of amendment requests: September 25, 2012, as supplemented by letters dated December 17, 2012; June 28, 2013; July 15, 2013; July 31, 2013; August 29, 2013; September 30, 2013; February 28, 2014; March 14, 2014; April 10, 2014; June 26, 2014; August 15, 2014; August 29, 2014; November 20, 2014; and December 18, 2014.

    Brief description of amendments: The amendments authorize the transition of the Brunswick fire protection program to a risk-informed, performance-based program based on the National Fire Protection Association Standard 805 (NFPA 805), “Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants,” 2001 Edition, in accordance with 10 CFR 50.48(c). The NFPA 805 allows the use of performance-based methods, such as fire modeling and risk-informed methods such as fire probabilistic risk assessment, to demonstrate compliance with the nuclear safety performance criteria.

    Date of issuance: January 28, 2015.

    Effective date: As of the date of issuance and shall be implemented within 180 days of issuance.

    Amendment Nos.: 266 and 294. A publicly-available version is in ADAMS under Accession No. ML14310A808; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Facility Operating License Nos. DPR-71 and DPR-62: Amendments revised the Facility Operating Licenses and Technical Specifications.

    Date of initial notice in Federal Register : August 13, 2013 (78 FR 49300). The supplemental letters dated December 17, 2012; June 28, 2013; July 15, 2013; July 31, 2013; August 29, 2013; September 30, 2013; February 28, 2014; March 14, 2014; April 10, 2014; June 26, 2014; August 15, 2014; August 29, 2014; November 20, 2014; and December 18, 2014, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated January 28, 2015.

    No significant hazards consideration comments received: No.

    Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon, Vermont

    Date of amendment request: March 24, 2014, as supplemented by letters dated May 21, 2014, and August 14, 2014.

    Brief description of amendment: The amendment revised the site emergency plan for the permanently defueled condition to reflect changes in the on-shift staffing and Emergency Response Organization staffing.

    Date of Issuance: February 4, 2015.

    Effective date: As of the date of issuance, and shall be implemented within 60 days.

    Amendment No.: 261. A publicly-available version is in ADAMS under Accession No. ML14346A065. Documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment.

    Renewed Facility Operating License No. DPR-28: The amendment authorized revision to the Vermont Yankee Nuclear Power Station Site Emergency Plan.

    Date of initial notice in Federal Register : July 22, 2014 (79 FR 42546).

    The supplemental letters dated May 21, 2014, and August 14, 2014, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of this amendment is contained in a Safety Evaluation dated February 4, 2015.

    No significant hazards consideration comments received: Yes. The Safety Evaluation dated February 4, 2015, provides the discussion of the comments received from the state of Vermont.

    Entergy Operations, Inc., Docket No. 50-313, Arkansas Nuclear One, Unit 1 (ANO-1), Pope County, Arkansas

    Date of amendment request: December 20, 2013, as supplemented by letters dated March 11, September 2, October 28, December 3, December 23, 2014, and January 15, 2015.

    Brief description of amendment: The amendment extended the ANO-1 10-year frequency of the containment integrated leak rate test (ILRT) to 15 years on a permanent basis. The amendment also revised Technical Specification (TS) 5.5.16, “Reactor Building Leakage Rate Testing Program,” by incorporating Nuclear Energy Institute (NEI) topical report NEI 94-01, Revision 2-A, as the implementation document for the ANO-1 performance-based leakage rate testing program.

    Date of issuance: February 3, 2015.

    Effective date: As of the date of issuance and shall be implemented within 30 days from the date of issuance.

    Amendment No.: 252. A publicly-available version is in ADAMS under Accession No. ML15014A071; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment.

    Renewed Facility Operating License No. DPR-51: Amendment revised the Renewed Facility Operating License and Technical Specifications.

    Date of initial notice in Federal Register : April 1, 2014 (79 FR 18331). The supplemental letters dated September 2, October 28, December 3, December 23, 2014, and January 15, 2015, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated February 3, 2015.

    No significant hazards consideration comments received: No.

    Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457, Braidwood Station, Units 1 and 2, Will County, Illinois Docket Nos. STN 50-454 and STN 50-455, Byron Station, Units 1 and 2, Ogle County, Illinois

    Date of amendment requests: August 31, 2013.

    Brief description of amendments: The amendments revise Technical Specifications Section 3.7.2, “Main Steam Isolation Valves (MSIVs),” to incorporate the MSIV actuator trains into the Limiting Condition for Operation and provide associated Conditions and Required Actions. In addition, Surveillance Requirement 3.7.2.2 is revised to clearly identify that the MSIV actuator trains are required to be tested.

    Date of issuance: January 30, 2015.

    Effective date: As of the date of issuance and shall be implemented within 60 days from the date of issuance.

    Amendment No(s).: 181 and 187. A publicly-available version is in ADAMS under Accession No. ML15007A555; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Facility Operating License Nos. NPF-72. NPF-77, NPF-37, and NPF-66: The amendments revised the Technical Specifications and License.

    Date of initial notice in Federal Register : April 1, 2014 (79 FR 18332).

    The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated January 30, 2015.

    No significant hazards consideration comments received: No.

    Exelon Generation Company, LLC, Docket No. 50-461, Clinton Power Station, Unit 1, DeWitt County, Illinois. Exelon Generation Company, LLC, Docket Nos. 50-237 and 50-249, Dresden Nuclear Power Station, Units 2 and 3, Grundy County, Illinois Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle County Station, Units 1 and 2, LaSalle County, Illinois Exelon Generation Company, LLC, Docket No. 50-352 and No. 50-353, Limerick Generating Station, Unit 1 and 2, Montgomery County, Pennsylvania Exelon Generation Company, LLC, et al., Docket No. 50-219, Oyster Creek Nuclear Generating Station, Ocean County, New Jersey Exelon Generation Company, LLC, and PSEG Nuclear LLC, Docket Nos. 50-277 and 50-278, Peach Bottom Atomic Power Station, Units 2 and 3, York and Lancaster Counties, Pennsylvania Exelon Generation Company, LLC, Docket Nos. 50-254 and 50-265, Quad Cities Nuclear Power Station, Units 1 and 2, Rock Island County, Illinois

    Date of amendment requests: August 2, 2013.

    Brief description of amendments: The amendments modify the technical specification definition of “Shutdown Margin” (SDM) to require calculation of the SDM at a reactor moderator temperature of 68 °F or a higher temperature that represents the most reactive state throughout the operating cycle. This change addresses new boiling-water reactor fuel designs that may be more reactive at shutdown temperatures above 68 °F.

    Date of issuance: January 29, 2015.

    Effective date: As of the date of issuance and shall be implemented within 60 days from the date of issuance.

    Amendment Nos.: 202, 242, 235, 211, 197, 215, 197, 215, 176, 284, 295, 298, 254, and 249. A publicly-available version is in ADAMS under Accession No. ML14295A300; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Facility Operating License Nos. NPF-62, DPR-19, DPR-25, NPF-11, NPF-18, NPF-39, NPF-85, DPR-16, DPR-44, DPR-56, DPR-29, DPR-30: The amendments revise the Technical Specifications and Licenses.

    Date of initial notice in Federal Register : October 29, 2013 (78 FR 64545).

    The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated January 29, 2015.

    No significant hazards consideration comments received: No.

    Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle County Station (LSCS), Units 1 and 2, LaSalle County, Illinois

    Date of amendment requests: September 5, 2013.

    Brief description of amendments: The amendments increase the peak calculated primary containment internal pressure which is specified in LSCS, Units 1 and 2, Technical Specification 5.5.13, “Primary Containment Leakage Rate Testing Program.”

    Date of issuance: January 29, 2015.

    Effective date: As of the date of issuance and shall be implemented within 60 days of the date of issuance.

    Amendment Nos.: 212 and 198. A publicly-available version is in ADAMS under Accession No. ML14353A083; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Facility Operating License Nos. NPF-11 and NPF-18: Amendments revised the Facility Operating Licenses and Technical Specifications.

    Date of initial notice in Federal Register : December 10, 2013 (78 FR 74182). The supplemental letters dated June 12 and October 7, 2014, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated January 29, 2015.

    No significant hazards consideration comments received: No.

    Florida Power and Light Company, et al., Docket No. 50-389, St. Lucie Plant, Unit 2, St. Lucie County, Florida

    Date of amendment request: January 30, 2014.

    Brief description of amendment: The amendment modified the St. Lucie Plant, Unit 2 Technical Specification (TS) 3/4.7.9, “Snubbers.” This change revised the TS surveillance requirements for snubbers to conform to the revised St. Lucie Snubber Testing Program.

    Date of issuance: January 20, 2015.

    Effective date: As of the date of issuance and shall be implemented within 60 days of issuance.

    Amendment No.: 169. The Amendment is publicly-available in ADAMS under Accession No. ML14342A785; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment.

    Renewed Facility Operating License No. NPF-16: Amendment revised the Renewed Facility Operating License and Technical Specifications.

    Date of initial notice in Federal Register : September 30, 2014 (79 FR 58818). The supplemental letters dated July 21, 2014, and October 23, 2014, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated January 20, 2015.

    No significant hazards consideration comments received: No.

    NextEra Energy, Point Beach, LLC, Docket Nos. 50-266 and 50-301, Point Beach Nuclear Plant, Units 1 and 2, Town of Two Creeks, Manitowoc County, Wisconsin

    Date of amendment request: July 2, 2014.

    Brief description of amendments: The amendments revised the Technical Specification (TS) requirements to address NRC Generic Letter (GL) 2008-01, “Managing Gas Accumulation in Emergency Core Cooling, Decay Heat Removal, and Containment Spray Systems,” as described in TSTF-523, Revision 2, “Generic Letter 2008-01, Managing Gas Accumulation.”

    Date of issuance: January 27, 2015.

    Effective date: As of the date of issuance and shall be implemented within 90 days of issuance.

    Amendment Nos.: 251—Unit 1 and 255—Unit 2. A publicly-available version is in ADAMS under Accession No. ML15014A249; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Renewed Facility Operating License Nos. DPR-24 and DPR-27: Amendments revised the Renewed Facility Operating License and Technical Specifications.

    Date of initial notice in Federal Register : November 12, 2014 (79 FR 67202).

    The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated January 27, 2015.

    No significant hazards consideration comments received: No.

    NextEra Energy Seabrook, LLC, Docket No. 50-443, Seabrook Station, Unit 1, Rockingham County, New Hampshire

    Date of amendment request: September 10, 2013, as supplemented by letters dated March 12, 2014, June 12, 2014, December 11, 2014, and January 8, 2015.

    Brief description of amendment request: The amendment modifies the Seabrook Technical Specifications (TSs). Specifically, the amendment revises TS 6.8.1.6.b, “Core Operating Limits Report,” by adding AREVA Licensing Report ANP-3243P, “Seabrook Station, Unit 1 Fixed Incore Detector System Analysis Supplement to YAEC-1855PA,” which supplements and modifies the previously approved methodology in YAEC-18855PA, “Seabrook Station, Unit 1 Fixed Incore Detector System Analysis,” October 1992. The amendment also modifies the surveillance requirements associated with the heat flux hot channel factor and nuclear enthalpy rise hot channel factor to include revised uncertainty values when measurement is obtained using the fixed incore detector system.

    Date of issuance: February 4, 2015.

    Effective date: As of its date of issuance, and shall be implemented within 60 days.

    Amendment No.: 143. A publicly-available version is in ADAMS under Accession No. ML14363A275; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment.

    Facility Operating License No. NPF-86: The amendment revised the Facility Operating License and Technical Specifications.

    Date of initial notice in Federal Register : February 4, 2014 (79 FR 6649). The supplemental letters dated March 12, 2014, June 12, 2014, December 11, 2014, and January 8, 2015, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated February 4, 2015.

    No significant hazards consideration comments received: No.

    Southern Nuclear Operating Company Docket Nos. 52-025 and 52-026, Vogtle Electric Generating Plant (VEGP) Units 3 and 4, Burke County, Georgia

    Date of amendment request: July 3, 2014.

    Brief description of amendment: The license amendment addresses changes related to the design details of the containment internal structural wall modules (CA01, CA02, and CA05).

    The amendment changes Tier 2 and Tier 2 * information in the VEGP Updated Final Safety Analysis Report (UFSAR), and the involved plant-specific Tier 1 and corresponding combined license Appendix C information to allow the use of thicker than normal faceplates to accommodate local demand or connection loads in certain areas without the use of overlay plates or additional backup structures. Additional changes to the VEGP UFSAR and combined license Appendix C were approved to add clarity and consistency to the licensing basis. Associated Exemptions were also issued with the amendment.

    Date of issuance: January 13, 2015.

    Effective date: As of the date of issuance and shall be implemented within 30 days of issuance.

    Amendment No.: 29. A publicly-available version is in ADAMS under Accession No. ML15005A210; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Facility Combined Licenses No. NPF-91 and NPF-92: Amendment revised the Facility Combined Licenses.

    Date of initial notice in Federal Register : August 5, 2014 (79 FR 45480).

    The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated January 13, 2015.

    No significant hazards consideration comments received: No.

    STP Nuclear Operating Company, Docket Nos. 50-498 and 50-499, South Texas Project (STP), Units 1 and 2, Matagorda County, Texas

    Date of amendment request: May 8, 2014.

    Brief description of amendment: The amendments approved the revised schedule for implementation of the cyber security plan (CSP), and revised paragraph 2.F of Facility Operating License Nos. NPF-76 and NPF-80 for STP, Units 1 and 2, respectively, to incorporate the revised CSP implementation schedule. The CSP and associated implementation schedule for STP, Units 1 and 2 were previously approved by the NRC staff by letter dated July 26, 2011.

    Date of issuance: January 29, 2015.

    Effective date: As of the date of issuance and shall be implemented within 90 days of issuance.

    Amendment Nos.: Unit 1—202; Unit 2—190. A publicly-available version is in ADAMS under Accession No. ML14281A065; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments.

    Facility Operating License Nos. NPF-76 and NPF-80: The amendments revised the Facility Operating Licenses and Technical Specifications.

    Date of initial notice in Federal Register : September 9, 2014 (79 FR 53461).

    The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated January 29, 2015.

    No significant hazards consideration comments received: No.

    Tennessee Valley Authority, Docket No. 50-390, Watts Bar Nuclear Plant, Unit 1, Rhea County, Tennessee

    Date of amendment request: July 19, 2012, as supplemented by letters dated March 1, 2013; April 29, 2013; April 30, 2013; June 13, 2013; October 21, 2013; December 18, 2013; January 31, 2014; April 2, 2014; September 30, 2014; and December 5, 2014.

    Brief description of amendment: The amendment modifies the Updated Final Safety Analysis Report hydrologic analysis and results, including the design basis flood elevations required to be considered in the flood protection of safety-related systems, structures, or components during external flooding events, and verifies the adequacy of the warning time for both rainfall and seismically induced dam failure floods.

    Date of issuance: January 28, 2015.

    Effective date: The amendment shall be implemented by May 30, 2015, after the commitments are completed as stated in Enclosure 9 of the supplement dated September 30, 2014.

    Amendment No.: 98. A publicly-available version is in ADAMS under Accession No. ML15005A314; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment.

    Date of initial notice in Federal Register : November 13, 2012 (77 FRN 67686). The supplemental letters provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register.

    The Commission's related evaluation of the amendments is contained in a safety evaluation dated January 28, 2015.

    No significant hazards consideration determination comments received: No.

    IV. Notice of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Final Determination of No Significant Hazards Consideration and Opportunity for a Hearing (Exigent Public Announcement or Emergency Circumstances)

    During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment.

    Because of exigent or emergency circumstances associated with the date the amendment was needed, there was not time for the Commission to publish, for public comment before issuance, its usual notice of consideration of issuance of amendment, proposed no significant hazards consideration determination, and opportunity for a hearing.

    For exigent circumstances, the Commission has either issued a Federal Register notice providing opportunity for public comment or has used local media to provide notice to the public in the area surrounding a licensee's facility of the licensee's application and of the Commission's proposed determination of no significant hazards consideration. The Commission has provided a reasonable opportunity for the public to comment, using its best efforts to make available to the public means of communication for the public to respond quickly, and in the case of telephone comments, the comments have been recorded or transcribed as appropriate and the licensee has been informed of the public comments.

    In circumstances where failure to act in a timely way would have resulted, for example, in derating or shutdown of a nuclear power plant or in prevention of either resumption of operation or of increase in power output up to the plant's licensed power level, the Commission may not have had an opportunity to provide for public comment on its no significant hazards consideration determination. In such case, the license amendment has been issued without opportunity for comment. If there has been some time for public comment but less than 30 days, the Commission may provide an opportunity for public comment. If comments have been requested, it is so stated. In either event, the State has been consulted by telephone whenever possible.

    Under its regulations, the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before it of a request for a hearing from any person, in advance of the holding and completion of any required hearing, where it has determined that no significant hazards consideration is involved.

    The Commission has applied the standards of 10 CFR 50.92 and has made a final determination that the amendment involves no significant hazards consideration. The basis for this determination is contained in the documents related to this action. Accordingly, the amendments have been issued and made effective as indicated.

    Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.12(b) and has made a determination based on that assessment, it is so indicated.

    For further details with respect to the action see (1) the application for amendment, (2) the amendment to Facility Operating License or Combined License, as applicable, and (3) the Commission's related letter, Safety Evaluation and/or Environmental Assessment, as indicated. All of these items can be accessed as described in the “Obtaining Information and Submitting Comments” section of this document.

    A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    The Commission is also offering an opportunity for a hearing with respect to the issuance of the amendment. Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license or combined license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852, and electronically on the Internet at the NRC's Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are problems in accessing the document, contact the PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

    As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the requestor/petitioner seeks to have litigated at the proceeding.

    Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. Since the Commission has made a final determination that the amendment involves no significant hazards consideration, if a hearing is requested, it will not stay the effectiveness of the amendment. Any hearing held would take place while the amendment is in effect.

    B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least ten 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the E-Submittal server are detailed in the NRC's “Guidance for Electronic Submission,” which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.

    If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

    Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others wh