Federal Register Vol. 80, No.39,

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range10569-11075
FR Document

80_FR_39
Current View
Page and SubjectPDF
80 FR 11075 - Continuation of the National Emergency With Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of VesselsPDF
80 FR 11067 - Establishment of the Honouliuli National MonumentPDF
80 FR 10665 - Emerging Technology and Research Advisory Committee; Notice of Open MeetingPDF
80 FR 10732 - Sunshine Act MeetingPDF
80 FR 10667 - Coastal Nonpoint Pollution Control Program: Finding That Oregon Has Not Submitted a Fully Approvable Coastal Nonpoint Pollution Control ProgramPDF
80 FR 10744 - In the Matter of China Yili Petroleum Company; Order of Suspension of TradingPDF
80 FR 10743 - In the Matter of Energiz Renewable, Inc., Iron Eagle Group, Inc., and MedClean Technologies, Inc.; Order of Suspension of TradingPDF
80 FR 10744 - In the Matter of Dittybase Technologies, Inc.; Order of Suspension of TradingPDF
80 FR 10744 - In the Matter of Defense Industries International, Inc., EvCarCo, Inc., and Island Breeze International, Inc., Order of Suspension of TradingPDF
80 FR 10716 - Sunshine Act MeetingPDF
80 FR 10665 - Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 10683 - Federal Advisory Committee Act; Technological Advisory CouncilPDF
80 FR 10658 - Wireline Competition Bureau Seeks Comment More Generally on Letter of Credit Proposals for Connect America Phase II Competitive Bidding ProcessPDF
80 FR 10664 - Request for Extension and Revision of a Currently Approved Information CollectionPDF
80 FR 10730 - Sunshine Act Meeting NoticePDF
80 FR 10627 - Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin ListPDF
80 FR 10691 - Medicare Program; Public Meetings in Calendar Year 2015 for All New Public Requests for Revisions to the Healthcare Common Procedure Coding System (HCPCS) Coding and Payment DeterminationsPDF
80 FR 10690 - Medicare Program: Notice of Four Membership Appointments to the Advisory Panel on Hospital Outpatient PaymentPDF
80 FR 10688 - Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs; Renewal of the Advisory Panel on Outreach and Education (APOE) and Request for NominationsPDF
80 FR 10694 - Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs; Meeting of the Advisory Panel on Outreach and Education (APOE), March 19, 2015PDF
80 FR 10661 - Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of FigsPDF
80 FR 10596 - Delegation of Authority to the States of Iowa; Kansas; Missouri; Nebraska; Lincoln-Lancaster County, NE; and City of Omaha, NE., for New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP) Including Maximum Achievable Control Technology (MACT) StandardsPDF
80 FR 10656 - Possession, Use, and Transfer of Select Agents and Toxins; Biennial ReviewPDF
80 FR 10635 - Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GAPDF
80 FR 10704 - National Preparedness for Response Exercise Program (PREP) GuidelinesPDF
80 FR 10669 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 10590 - Drawbridge Operation Regulation; Passaic River, Rutherford, NJPDF
80 FR 10682 - Access to Confidential Business Information by the Food and Drug Administration, Office of Foods and Veterinary MedicinePDF
80 FR 10575 - Highly Pathogenic Avian Influenza; Technical AmendmentPDF
80 FR 10666 - Submission for OMB Review; Comment RequestPDF
80 FR 10667 - Proposed Information Collection; Comment Request; Report of Whaling OperationsPDF
80 FR 10611 - Medicare Program; Right of Appeal for Medicare Secondary Payer Determinations Relating to Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation Laws and PlansPDF
80 FR 10697 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 10683 - Environmental Impacts Statements; Notice of AvailabilityPDF
80 FR 10696 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 10671 - Applications for New Awards; Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship ProgramPDF
80 FR 10727 - Westinghouse Electric Company, LLCPDF
80 FR 10745 - Notice of Receipt of NuStar Logistics, L.P., for a Presidential Permit To Construct, Connect, Operate, and Maintain Pipeline Facilities on the Border of the United States and MexicoPDF
80 FR 10746 - Notice of Receipt of NuStar Logistics, L.P., Application To Amend a Presidential Permit for an Existing Pipeline on the Border of the United States and MexicoPDF
80 FR 10726 - North Anna Power Station Independent Spent Fuel Storage InstallationPDF
80 FR 10745 - Culturally Significant Objects Imported for Exhibition: Determinations: “From Bauhaus to Buenos Aires: Grete Stern and Horacio Coppola”PDF
80 FR 10697 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Prescription Drug Marketing Act of 1987; Administrative Procedures, Policies, and RequirementsPDF
80 FR 10727 - Establishment of Atomic Safety and Licensing BoardPDF
80 FR 10700 - Cardiovascular and Renal Drugs Advisory Committee; Notice of MeetingPDF
80 FR 10703 - Solicitation of Proposal Information for Award of Public ContractsPDF
80 FR 10682 - El Paso Natural Gas Company, L.L.C.; Notice of Request Under Blanket AuthorizationPDF
80 FR 10700 - The 2015 Office of Regulatory Science and Innovation Science SymposiumPDF
80 FR 10714 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Approval of an Existing Collection in Use Without an OMB Control Number; FBI Expungement Form (FD-1114)PDF
80 FR 10685 - Determination and Declaration Regarding Emergency Use of New In Vitro Diagnostics for Detection of Enterovirus D68PDF
80 FR 10686 - Meeting of the Secretary's Advisory Committee on Human Research ProtectionsPDF
80 FR 10676 - Order Instituting Section 206 Proceeding and Directing Filing To Establish Reliability Must Run Tariff Provisions: New York Independent System Operator, IncPDF
80 FR 10721 - Notice To Ensure State Workforce Agencies Are Aware of the Revised Schedule of Remuneration for the Unemployment Compensation for Ex-Servicemembers (UCX) Program That Reflects the Military Pay Increase Effective January 1, 2015PDF
80 FR 10684 - General Services Administration Acquisition Regulation; Information Collection; Contract Financing Final Payment (GSA Form 1142 Release of Claims)PDF
80 FR 10686 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 10713 - Certain Kitchen Appliance Shelving and Racks From China: DeterminationPDF
80 FR 10687 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 10587 - Alternative Simplified Credit ElectionPDF
80 FR 10628 - Energy Conservation Standards for Portable Air Conditioners: Public Meeting and Availability of the Preliminary Technical Support DocumentPDF
80 FR 10663 - Stanislaus National Forest, CA; Notice of Intent To Prepare an Environmental Impact Statement for Rim Fire ReforestationPDF
80 FR 10746 - Proposed Collection; Comment Request for Form 8820PDF
80 FR 10660 - Reestablishment of the Advisory Committee on Biotechnology and 21st Century AgriculturePDF
80 FR 10722 - NASA Advisory Council; Science Committee; Planetary Science Subcommittee; MeetingPDF
80 FR 10723 - NASA Advisory Council; Science Committee; Heliophysics Subcommittee; MeetingPDF
80 FR 10723 - NASA Advisory Council; Science Committee; Astrophysics Subcommittee; MeetingPDF
80 FR 10715 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Telemanagement ForumPDF
80 FR 10695 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 10716 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-National Shipbuilding Research ProgramPDF
80 FR 10715 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Members of SGIP 2.0, Inc.PDF
80 FR 10716 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Network Centric Operations Industry Consortium, Inc.PDF
80 FR 10724 - Notice of Intent To Seek Approval To Establish an Information CollectionPDF
80 FR 10668 - Procurement List; Proposed Addition and DeletionsPDF
80 FR 10719 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Coverage of Certain Preventive Services Under the Affordable Care ActPDF
80 FR 10717 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Affordable Care Act Section 2715 Summary DisclosuresPDF
80 FR 10718 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Contribution OperationsPDF
80 FR 10569 - Biomass Crop Assistance ProgramPDF
80 FR 10713 - Certain Light Reflectors and Components, Packaging, and Related Advertising Thereof; Notice of Commission Determination Not To Review Initial Determinations Granting Motions To Terminate the Investigation as to the Remaining Respondents; Termination of the Investigation in Its EntiretyPDF
80 FR 10660 - Submission for OMB Review; Comment RequestPDF
80 FR 10660 - Plant Variety Protection Board; Renewal of the Plant Variety Protection Board CharterPDF
80 FR 10733 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt FINRA Rule 4517 (Member Filing and Contact Information Requirements) in the Consolidated FINRA RulebookPDF
80 FR 10681 - DATC Path 15, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
80 FR 10718 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notice of Controversion of Right to CompensationPDF
80 FR 10720 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notice of Final Payment or Suspension of Compensation BenefitsPDF
80 FR 10669 - Proposed Collection; Comment RequestPDF
80 FR 10711 - Notice of Availability of the Record of Decision for the Tres Rios Field Office Approved Resource Management Plan/Final Environmental Impact Statement, ColoradoPDF
80 FR 10662 - Retraction of Salt River Allotments Vegetative Management EISPDF
80 FR 10744 - Reporting and Recordkeeping Requirements Under OMB reviewPDF
80 FR 10735 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.PDF
80 FR 10738 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Chicago Board Options Exchange, Incorporated's Order Handling System and Order Management TerminalPDF
80 FR 10731 - Proposed Collection; Comment RequestPDF
80 FR 10732 - Proposed Collection; Comment RequestPDF
80 FR 10701 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 10701 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingsPDF
80 FR 10702 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
80 FR 10702 - National Cancer Institute; Notice of Closed MeetingsPDF
80 FR 10702 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingsPDF
80 FR 10670 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; DFARS 234.2, Earned Value Management System.PDF
80 FR 10632 - Special Conditions: Bombardier Aerospace Incorporated, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Electronic Flight Control System: Pitch and Roll Limiting FunctionsPDF
80 FR 10681 - PennEast Pipeline Company, LLC; Notice of Postponement of Public Scoping Meeting for the Penneast Pipeline ProjectPDF
80 FR 10684 - Notice to All Interested Parties of the Termination of the Receivership of 10201, American National Bank, Parma, OhioPDF
80 FR 10710 - Federal Property Suitable as Facilities To Assist the HomelessPDF
80 FR 10652 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2PDF
80 FR 10644 - Approval and Promulgation of Air Quality Implementation Plans; Indiana; Infrastructure SIP Requirements for the 2010 NO2PDF
80 FR 10591 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2PDF
80 FR 10655 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2PDF
80 FR 10633 - Special Meeting: Advisory Committee on Construction Safety and Health (ACCSH)PDF
80 FR 10670 - Notice of Public Hearing and Business Meeting; March 10-11, 2015PDF
80 FR 10712 - Central Valley Project Improvement Act Water Management PlansPDF
80 FR 10586 - Medical Device Reporting: Electronic Submission Requirements; Correcting AmendmentsPDF
80 FR 10580 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 10584 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 10576 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 10608 - Promulgation of State Air Quality Implementation Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration UnitsPDF
80 FR 10655 - Promulgation of State Air Quality Implementation Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration UnitsPDF
80 FR 10578 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 10637 - Schedule for Rating Disabilities; Gynecological Conditions and Disorders of the BreastPDF
80 FR 10619 - Interim Safety Certification Training Program ProvisionsPDF
80 FR 11001 - State Safety OversightPDF
80 FR 11031 - Agricultural Conservation Easement ProgramPDF
80 FR 10749 - Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016PDF
80 FR 10745 - Advisory Committee on Veterans Business Affairs: Federal Register Meeting NoticePDF
80 FR 10879 - Information and Communication Technology (ICT) Standards and GuidelinesPDF
80 FR 10618 - Improving 9-1-1 Reliability; Reliability and Continuity of Communications Networks, Including Broadband TechnologiesPDF
80 FR 10949 - Risk Reduction ProgramPDF

Issue

80 39 Friday, February 27, 2015 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Charter Renewals: Plant Variety Protection Board, 10660-10661 2015-04086 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Animal and Plant Health Inspection Service

See

Commodity Credit Corporation

See

Forest Service

See

Grain Inspection, Packers and Stockyards Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Women, Infants and Children; Infant and Toddler Feeding Practices Study—2 (ITFPS—2) Age 3 Extension, 10660 2015-04088 Reestablishment of the Advisory Committee on Biotechnology and 21st Century Agriculture, 10660 2015-04107
Animal Animal and Plant Health Inspection Service RULES Highly Pathogenic Avian Influenza: Technical Amendments, 10575-10576 2015-04147 PROPOSED RULES Agricultural Bioterrorism Protection Act of 2002: Biennial Review and Republication of the Select Agent and Toxin List, 10627 2015-04180 NOTICES Treatment Evaluation Documents: Methyl Bromide Fumigation of Figs, 10661-10662 2015-04172 Antitrust Division Antitrust Division NOTICES Changes Under National Cooperative Research and Production Act: Members of SGIP 2.0, Inc., 10715 2015-04099 National Shipbuilding Research Program, 10716 2015-04100 Network Centric Operations Industry Consortium, Inc., 10716 2015-04098 Telemanagement Forum, 10715-10716 2015-04102 Antitrust See

Antitrust Division

Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Information and Communication Technology Standards and Guidelines, 10880-10948 2015-03467 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10669-10670 2015-04076 Blind or Severely Disabled, Committee for Purchase From People Who Are See

Committee for Purchase From People Who Are Blind or Severely Disabled

Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:, 10669 2015-04153 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs: Right of Appeal for Medicare Secondary Payer Determinations Relating to Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers Compensation Laws and Plans, 10611-10618 2015-04143 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10686-10688 2015-04113 2015-04115 Charter Renewals: Advisory Panel on Outreach and Education, Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs, 10688-10690 2015-04174 Medicare Program: Advisory Panel on Hospital Outpatient Payment Membership Appointments, 10690-10691 2015-04175 Meetings: Advisory Panel on Outreach and Education, Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs, 10694-10695 2015-04173 Revisions to the Healthcare Common Procedure Coding System Coding and Payment Determinations, 10691-10694 2015-04178 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report on Households Assisted by the Low Income Home Energy Assistance, 10697 2015-04141 Collection Requirements for the Low Income Home Energy Assistance Program ACF-535 Quarterly Allocation Estimates, 10696-10697 2015-04138 Understanding the Intersection Between TANF and Refugee Cash Assistance Services, 10695-10696 2015-04101 Coast Guard Coast Guard RULES Drawbridge Operations: Passaic River, Rutherford, NJ, 10590-10591 2015-04152 PROPOSED RULES Safety Zones: Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA, 10635-10637 2015-04163 NOTICES National Preparedness for Response Exercise Program Guidelines, 10704-10710 2015-04160 Commerce Commerce Department See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 10668 2015-04096 Commodity Credit Commodity Credit Corporation RULES Agricultural Conservation Easement Program, 11032-11065 2015-03781 Biomass Crop Assistance Program, 10569-10575 2015-04092 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Earned Value Management System, 10670 2015-04051 Defense Department Defense Department See

Army Department

See

Defense Acquisition Regulations System

Delaware Delaware River Basin Commission NOTICES Meetings: Public Hearing and Business Meeting, 10670-10671 2015-03956 Education Department Education Department NOTICES Applications for New Awards: Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, 10671-10676 2015-04137 Employment and Training Employment and Training Administration NOTICES Schedule of Remuneration for the Unemployment Compensation for Ex-Servicemembers, 10721-10722 2015-04117 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Standards for Portable Air Conditioners: Preliminary Technical Support Document; Public Meeting, 10628-10632 2015-04110
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units, 10608-10610 2015-03922 Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS, 10591-10596 2015-04011 Delegations of Authority for New Source Performance Standards, etc.: Iowa; Kansas; Missouri; Nebraska; Lincoln-Lancaster County, NE; and City of Omaha, NE, 10596-10608 2015-04171 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units, 10655-10656 2015-03921 Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS, 10652-10654 2015-04015 Indiana; Infrastructure SIP Requirements for the 2010 NO2 and SO2 NAAQS, 10644-10652 2015-04014 Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS, 10655 2015-04010 NOTICES Access to Confidential Business Information by the Food and Drug Administration, Office of Foods and Veterinary Medicine, 10682-10683 2015-04149 Coastal Nonpoint Pollution Control Program: Finding That Oregon Has Not Submitted a Fully Approvable Coastal Nonpoint Pollution Control Program, 10667-10668 2015-04230 Environmental Impact Statements; Availability, etc., 10683 2015-04139 Executive Office of the President See

Presidential Documents

Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 10576-10580 2015-03920 2015-03923 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 10580-10586 2015-03931 2015-03932 PROPOSED RULES Special Conditions: Bombardier Aerospace Incorporated, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Electronic Flight Control System: Pitch and Roll Limiting Functions, 10632-10633 2015-04050 Federal Communications Federal Communications Commission RULES Improving 9-1-1 Reliability: Reliability and Continuity of Communications Networks, Including Broadband Technologies, 10618-10619 2015-03433 PROPOSED RULES Connect America Phase II Competitive Bidding Process: Wireline Competition Bureau Letter of Credit Proposals, 10658-10659 2015-04201 NOTICES Meetings: Technological Advisory Council, 10683-10684 2015-04202 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminated Receiverships: American National Bank, Parma, OH, 10684 2015-04043 Federal Energy Federal Energy Regulatory Commission NOTICES Filing to Establish Reliability Must Run Tariff Provisions: New York Independent System Operator, Inc., 10676-10681 2015-04119 Investigations and Refund Effective Dates.: DATC Path 15, LLC, 10681 2015-04082 Meetings: PennEast Pipeline Co., LLC, Environmental Impact Statement for the Planned PennEast Pipeline Project, 10681-10682 2015-04049 Requests Under Blanket Authorizations: El Paso Natural Gas Co., LLC, 10682 2015-04125 Federal Railroad Federal Railroad Administration PROPOSED RULES Risk Reduction Program, 10950-10999 2015-03268 Federal Transit Federal Transit Administration RULES Interim Safety Certification Training Program Provisions, 10619-10626 2015-03842 PROPOSED RULES State Safety Oversight, 11002-11030 2015-03841 Food and Drug Food and Drug Administration RULES Medical Device Reporting: Electronic Submission Requirements; Correcting Amendments, 10586-10587 2015-03943 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prescription Drug Marketing Act of 1987; Administrative Procedures, Policies, and Requirements, 10697-10699 2015-04131 Meetings: 2015 Office of Regulatory Science and Innovation Science Symposium, 10700-10701 2015-04123 Cardiovascular and Renal Drugs Advisory Committee, 10700 2015-04128 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Rim Fire Reforestation; Stanislaus National Forest, CA, 10663-10664 2015-04109 Salt River Allotments Vegetative Management, Retractions, 10662-10663 2015-04073 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Contract Financing Final Payment (Release of Claims), 10684-10685 2015-04116 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers, 10664-10665 2015-04200 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

RULES Patient Protection and Affordable Care Act: Benefit and Payment Parameters, 10750-10877 2015-03751 PROPOSED RULES Possession, Use, and Transfer of Select Agents and Toxins: Biennial Review, 10656-10658 2015-04169 NOTICES Determinations: Emergency Use of New In Vitro Diagnostics for Detection of Enterovirus D68, 10685-10686 2015-04121 Meetings: Secretary's Advisory Committee on Human Research Protections, 10686 2015-04120
Homeland Homeland Security Department See

Coast Guard

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Award of Public Contracts, 10703-10704 2015-04126
Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities To Assist the Homeless, 10710-10711 2015-04031 Industry Industry and Security Bureau NOTICES Meetings: Emerging Technology and Research Advisory Committee, 10665 2015-04268 Interior Interior Department See

Land Management Bureau

See

Reclamation Bureau

Internal Revenue Internal Revenue Service RULES Alternative Simplified Credit Election, 10587-10590 2015-04111 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Orphan Drug Credit, 10746-10747 2015-04108 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon Quality Steel Pipe From the People's Republic of China, 10665-10666 2015-04203 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications and Rulings, etc.: Certain Kitchen Appliance Shelving and Racks From China, 10713 2015-04114 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Light Reflectors and Components, Packaging, and Related Advertising Thereof, 10713-10714 2015-04089 Justice Department Justice Department See

Antitrust Division

See

Parole Commission

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FBI Expungement Form, 10714-10715 2015-04122
Labor Department Labor Department See

Employment and Training Administration

See

Occupational Safety and Health Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affordable Care Act Section 2715 Summary Disclosures, 10717 2015-04094 Contribution Operations, 10718-10719 2015-04093 Controversion of Right to Compensation, 10718 2015-04079 Coverage of Certain Preventive Services Under the Affordable Care Act, 10719-10720 2015-04095 Notice of Final Payment or Suspension of Compensation Benefits, 10720-10721 2015-04078
Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Tres Rios Field Office Approved Resource Management Plan, Colorado, 10711-10712 2015-04075 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Science Committee; Astrophysics Subcommittee, 10723 2015-04103 NASA Advisory Council; Science Committee; Heliophysics Subcommittee, 10723-10724 2015-04104 NASA Advisory Council; Science Committee; Planetary Science Subcommittee, 10722-10723 2015-04105 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 10701 2015-04057 National Cancer Institute, 10702-10703 2015-04054 National Heart, Lung, and Blood Institute, 10701-10702 2015-04053 2015-04055 2015-04056 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10666 2015-04145 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Whaling Operations, 10667 2015-04144 Coastal Nonpoint Pollution Control Program: Finding That Oregon Has Not Submitted a Fully Approvable Coastal Nonpoint Pollution Control Program, 10667-10668 2015-04230 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10724-10726 2015-04097 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessents; Availability, etc.: North Anna Power Station Independent Spent Fuel Storage Installation, 10726-10727 2015-04133 Establishment of Atomic Safety and Licensing Board: Watts Bar Nuclear Plant, Unit 2, 10727 2015-04130 License Amendment Applications: Westinghouse Electric Co., LLC, 10727-10730 2015-04136 Meetings; Sunshine Act, 10730-10731 2015-04199 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Crane Operator Qualification Requirement in the Cranes and Derricks in Construction Standards: Advisory Committee on Construction Safety and Health; Special Meeting, 10633-10635 2015-03990 Parole Parole Commission NOTICES Meetings; Sunshine Act, 10716-10717 2015-04219 Presidential Documents Presidential Documents PROCLAMATIONS Honouliuli National Monument; Establishment (Proc. 9234), 11067-11073 2015-04352 ADMINISTRATIVE ORDERS Cuba; Continuation of National Emergency Relating to the Anchorage and Movement of Vessels (Notice of February 25, 2015), 11075 2015-04353 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act Water Management Plans, 10712-10713 2015-03950 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10731-10732 2015-04063 2015-04064 2015-04065 2015-04066 Meetings; Sunshine Act, 10732-10733 2015-04264 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 10735-10738 2015-04068 Chicago Board Options Exchange, Inc., 10738-10743 2015-04067 Financial Industry Regulatory Authority, Inc., 10733-10735 2015-04084 Trading Suspension Orders: China Yili Petroleum Co., 10744 2015-04229 Defense Industries International, Inc., EvCarCo, Inc., and Island Breeze International, Inc., 10744 2015-04224 Dittybase Technologies, Inc., 10744 2015-04225 Energiz Renewable, Inc., Iron Eagle Group, Inc., and MedClean Technologies, Inc., 10743-10744 2015-04226 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10744-10745 2015-04071 Meetings: Advisory Committee on Veterans Business Affairs, 10745 2015-03520 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: From Bauhaus to Buenos Aires: Grete Stern and Horacio Coppola; Correction, 10745 2015-04132 Presidential Permit Applications: NuStar Logistics, LP; Construction, etc., of Pipeline Facilities on the Border of the United States and Mexico, 10745-10746 2015-04135 NuStar Logistics, LP; Existing Pipeline on the Border of the United States and Mexico; Amendment, 10746 2015-04134 Tennessee Tennessee Valley Authority NOTICES Establishment of Atomic Safety and Licensing Board: Watts Bar Nuclear Plant, Unit 2, 10727 2015-04130 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

Federal Transit Administration

Treasury Treasury Department See

Internal Revenue Service

Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities: Gynecological Conditions and Disorders of the Breast, 10637-10644 2015-03851 Separate Parts In This Issue Part II Health and Human Services Department, 10750-10877 2015-03751 Part III Architectural and Transportation Barriers Compliance Board, 10880-10948 2015-03467 Part IV Transportation Department, Federal Railroad Administration, 10950-10999 2015-03268 Part V Transportation Department, Federal Transit Administration, 11002-11030 2015-03841 Part VI Agriculture Department, Commodity Credit Corporation, 11032-11065 2015-03781 Part VII Presidential Documents, 11067-11073, 11075 2015-04352 2015-04353 Reader Aids

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80 39 Friday, February 27, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1450 RIN 0560-AI27 Biomass Crop Assistance Program AGENCY:

Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION:

Final rule.

SUMMARY:

The Farm Service Agency (FSA) is amending the Biomass Crop Assistance Program (BCAP) regulations to implement changes required by the Agricultural Act of 2014 (the 2014 Farm Bill). BCAP provides financial assistance to producers who establish, collect, harvest, store, and transport biomass crops. The 2014 Farm Bill reauthorizes BCAP, with certain changes that are implemented in this rule. The changes include reducing the payment rate per ton for collection, harvest, storage, and transportation of eligible materials, and limiting the cost share per acre for establishment of biomass crops. The requirements for eligible material and eligible land are revised in this rule, as required by the 2014 Farm Bill. The general scope of BCAP is not changing with this rule.

DATES:

Effective Date: May 28, 2015.

Comment Date: We will consider comments we receive by April 28, 2015.

ADDRESSES:

We invite you to submit comments on this rule. In your comment, please specify RIN 0560-AI27 and include the volume, date, and page number of this issue of the Federal Register. You may submit comments by any of the following methods:

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

Mail, Hand Delivery, or Courier: Kelly Novak, FSA CEPD, USDA, STOP 0513, 1400 Independence Ave. SW., Washington, DC 20250-0513.

All written comments will be available for inspection online at www.regulations.gov and at the mail address above during business hours from 8 a.m. to 5 p.m., Monday through Friday, except holidays. A copy of this rule is available through the FSA home page at http://www.fsa.usda.gov/.

FOR FURTHER INFORMATION CONTACT:

Kelly Novak, telephone (202) 720-4053. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: Background

BCAP is an FSA administered program using Commodity Credit Corporation (CCC) funds. Section 9010 of the 2014 Farm Bill (Pub. L. 113-79) amends 7 U.S.C. 8111 and reauthorizes BCAP with certain changes. BCAP provides assistance to biomass producers and owners in two payment categories:

• Matching payments to eligible material owners for the delivery of eligible material to qualified Biomass Conversion Facilities (BCFs). Qualified BCFs use biomass feedstocks to produce heat, power, biobased products, research, or advanced biofuels. The 2014 Farm Bill adds research as an authorized use of material by BCFs.

• Establishment and annual payments to producers who enter into contracts with CCC to produce eligible biomass crops on contract acres within BCAP project areas.

This rule implements all the required 2014 Farm Bill changes to both parts of the program and seeks comment on FSA's implementation of BCAP, given the required changes and changes to funding. The rule also includes several discretionary changes, including the removal of the participant's option for assignment of BCAP payments to third parties, and a clarification of how the two-year period of eligibility for matching payments, commencing with the effective date of this rule, will be calculated.

Definitions and Terms Used in This Rule

This rule adds, removes, or revises the following definitions:

• “Agricultural residue” is being added and includes crop residues and woody orchard wastes. Both these types of residues can be eligible materials.

• “Beginning farmer or rancher” is being removed, because that term is defined in 7 CFR part 718, which is referenced in § 1450.2.

• “Dry ton” is being revised to clarify requirements for measuring moisture content of eligible woody materials.

• “Eligible crop” is being revised to clarify that noxious and invasive species are ineligible for establishment and annual payments, and to move specific eligibility requirements to § 1450.200.

• “Eligible land” is being added to reflect the 2014 Farm Bill requirements, which add eligibility for Conservation Reserve Program (CRP) acreage or land in the Agricultural Conservation Easement Program (ACEP) that expires in the current year of a BCAP project area signup and has not yet received a CRP or ACEP annual rental payment in the current year.

• “Eligible material” is being revised to reflect the 2014 Farm Bill required changes for matching payments, and to move the specific eligibility requirements for material for matching payments to section § 1450.103.

• “Native sod” is being revised to reflect the 2014 Farm Bill's change in definition for native sod that is required for other USDA programs. For the purposes of consistency with crop insurance and the Noninsured Crop Disaster Assistance Program (NAP) regulations that now restrict the eligibility of native sod for those programs, the definition of native sod for the purposes of BCAP will now include ground that has never been tilled or the producer cannot substantiate that the ground has ever been tilled.

• “Socially disadvantaged farmer or rancher” is being removed, because that term is defined in 7 CFR part 718, which is referenced in § 1450.2.

Matching Payments

The changes to the BCAP matching payments required by the 2014 Farm Bill include a reduced payment rate of up to $1 for each $1 per ton provided by the biomass conversion facility, in an amount not to exceed $20 per dry ton (previously $45 per ton) for a period of up to 2 years. The rate is being changed in § 1450.106.

As specified in the 2014 Farm Bill and in this rule, bagasse, which includes sugar cane and sorghum biomass, is now specifically excluded from the definition of an eligible material and the requirements for eligible materials in Subpart B. This rule also requires that all eligible material be collected or harvested directly from the land according to an approved conservation plan, forest stewardship plan, or equivalent plan. For example, manufacturing wood wastes that are not harvested directly from the land, such as sawdust or sawmill residues, are not eligible woody material. Woody material, including orchard waste, must be collected and harvested directly from the land and must also be a by-product of preventive treatments for hazardous fuel reductions, or reduction or containment of disease or insect infestations. Woody material that is a by-product of preventative treatments solely for the purpose of restoring ecosystem health is no longer eligible. Woody material that can be used to create a higher-value product (such as a mulch product) is not eligible. The 2014 Farm Bill definition of “eligible material” also specifies that eligible material can now be used by a biomass conversion facility for the purpose of research, in addition to heat, power, biobased products and advanced biofuels.

The 2014 Farm Bill clarifies that the rate for matching payments must be based on a “dry” ton. Therefore, this rule adds a requirement that biomass conversion facilities must use the applicable American Society for Testing and Materials (ASTM) standards to determine dry ton weight of eligible materials. In addition, the eligible material owner, as specified in § 1450.104, is required to submit a request for payment on approved eligible woody material deliveries based on the dry ton weight that was determined using an ASTM standard.

The 2014 Farm Bill continues the matching payment eligibility period of 2 years total per eligible material owner. This rule specifies that any matching payments received before the effective date of this final rule will not count towards an eligible material owner's 2-year period of eligibility for matching payments. This is a discretionary decision. FSA determined that the revised requirements for eligible materials and the reduction in payment rate changed the scope of the matching payments part of BCAP to the extent that a new 2-year period of payment eligibility for eligible material owners is appropriate.

Project Areas

The changes to BCAP establishment and annual payments required by the 2014 Farm Bill include:

• Project area selection criteria will include consideration of existing project areas and continuation of funding to advance the maturity of such project areas;

• Land eligibility will now include expiring CRP land and ACEP land, but the 2014 Farm Bill prohibits the Secretary from making a BCAP payment if a CRP or ACEP payment was received in the same year;

• Establishment payment rates are reduced to not more than 50 percent of the costs of establishing an eligible perennial crop, not to exceed $500 per acre, except that socially disadvantaged farmers or ranchers may be reimbursed up to $750 per acre; and

• Any plant that is an invasive or noxious species is explicitly excluded from the definition of “eligible crop.”

The 2014 Farm Bill also provides specific authority for the Secretary to consider whether the biomass conversion facility for the project area has equity sufficient to be in operation by the date on which the eligible crops are ready for harvest. Under prior regulations, CCC could require information demonstrating that the biomass conversion facility would have sufficient equity available to operate. We are requesting comments on how we should apply this criterion in future Requests for Proposals (see Comments Requested section below).

The 2014 Farm Bill clarifies that eligible crops for a project area do not include invasive or noxious species or varieties of plants. Therefore, this rule amends § 1450.200 to effect that exclusion. If a project area proposal includes species or plant varieties whose potential to be invasive or noxious has not yet been determined, the 2014 Farm Bill requires CCC to use “credible risk assessment tools or other credible sources” to determine which plants are invasive or noxious in a particular area. We are requesting comments on which credible risk assessment tools or other credible sources for determination CCC should use (see Comments Requested section below). The requirement to use credible risk assessment tools to determine which plants are invasive or noxious is in addition to the existing National Environmental Policy Act (NEPA) requirements that apply to BCAP, which are not changing. FSA will continue to require the appropriate level of (NEPA) review, consistent with 7 CFR 799, for BCAP project area proposals.

As required by the 2014 Farm Bill, this rule amends § 1450.202 to include status as an existing project area as a new criterion in selecting BCAP project areas for funding, in order to advance the maturity of existing project areas. The 2014 Farm Bill does not specify what is meant by “maturity” of a project area. Different factors could be considered when determining “maturity,” including the harvesting of longer term crops, such as biomass trees, or the expansion of a project area, making it more economically viable in the long term. We are requesting comments on how FSA should apply this criterion (see Comments Requested section below).

This rule amends § 1450.204 to make the changes in the definition of eligible land required by the 2014 Farm Bill. Specifically, CRP contract acreage and Grassland Reserve Program (GRP) contract acreage were previously not eligible for BCAP, regardless of whether or not the CRP or GRP contract was due to expire within the year. The 2014 Farm Bill allows CRP acres that are in their expiring year, and which have not yet received an annual rental payment, to be eligible for enrollment into BCAP. The 2014 Farm Bill consolidates non-easement GRP acres into the CRP, so GRP acres are included in the provisions for expiring CRP land. The 2014 Farm Bill also consolidates GRP easements and Wetland Reserve Program (WRP) contract acreage into the newly created ACEP, administered by the USDA Natural Resources Conservation Service (NRCS). Therefore, § 1450.204 now specifies that the expiring ACEP acres are also eligible for enrollment in BCAP, provided no current year annual payment was received. This rule removes obsolete references to GRP and WRP acreage eligibility.

This rule is revising the levels and rates for establishment payments in § 1450.213 to reflect the limits provided in the 2014 Farm Bill. Specifically, the 2014 Farm Bill reduces the cost share for establishment payments from 75 percent to 50 percent of actual establishment costs and sets a payment limit of $500 per acre. The limit is $750 per acre if the producer is a socially disadvantaged farmer or rancher. There was no previous cap on payments per acre.

Removal of Assignment Provisions

As a discretionary decision, this rule removes § 1450.9 “Assignments.” That section included provisions that allowed participants to assign BCAP payments, including both matching and establishment payments, to third parties. This change is intended to improve program integrity and transparency. BCAP payments, as specified in the 2014 Farm Bill, are intended to benefit the land owner or operator or the eligible material owner. The removal of assignment of payments, under the matching payment portion of the program, lessens the potential for inappropriate assignment of payments to biomass conversion facilities under unauthorized value sharing arrangements. The removal of assignments, under the project area portion of the program, will likely provide greater clarity to stakeholders in project areas, which include project area sponsors and the contracting producers. The removal of the assignment of payment will help clarify that any crop establishment or harvesting services provided by the project sponsor or any other provider to the producer are services outside the scope of the BCAP program and the BCAP contract, and that financial responsibility for those actions is between the service provider and the producer.

Policy Changes for Project Area Activities

FSA will make certain changes to the way the establishment and annual payments portion of BCAP is implemented. These policies do not require changes to the regulations. As noted below, we are requesting comments on this rule and on implementation issues; these changes are being explained to provide information for the commenters (see Comments Requested section below).

The requirements for project area signup are largely unchanged by the 2014 Farm Bill. FSA will continue to initiate project area signup by first requesting project area proposals. Once FSA receives proposals, FSA will select and designate geographic-and-eligible-crop-specific project areas, and then announce producer signup at FSA county offices.

The process for producer signup is changing, to improve program effectiveness. In an effort to provide more timely outreach during signup, FSA will be evaluating and adjusting the timing of the producer signup process. In previous years, BCAP signup periods for establishment payments in approved project areas were relatively short and at less than optimal times for establishing crops. Therefore, FSA is revising the producer signup process to allow project area signups to take place on a continuous basis within the constraints of available funding.

As noted below in the Comments Requested section, FSA welcomes public input on BCAP implementation issues and policies. Most of the itemized issues pertain to changes the 2014 Farm Bill made to the establishment and annual payments component of the program.

Funding Changes in the 2014 Farm Bill

The 2014 Farm Bill specifies the annual amount of funds authorized for BCAP and specifies how funding may be allocated among various activities. Specifically, the 2014 Farm Bill provides mandatory funding of $25 million for each of fiscal years 2014 through 2018, and specifies that the Secretary must use not less than 10 percent, nor more than 50 percent, of the funding for each fiscal year for BCAP matching payments. The $25 million each fiscal year is subject to sequestration or other reductions through the appropriations process. Section 716 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) effectively limited the funding available for BCAP in fiscal year 2015 to $23 million. The previous authorization for BCAP provided such sums as necessary from the mandatory appropriation for CCC; however, subsequent Congressional actions in the annual appropriations acts placed restrictions on the amount of funding available. The overall result of the 2014 Farm Bill changes in funding is to provide a more stable and predictable stream of funding for BCAP, although the annual amount of funding available is less than in some previous years.

The 2014 Farm Bill also specifically authorizes funding of technical assistance from available BCAP funds. BCAP included technical assistance previously, but FSA did not have the specific authorization to use BCAP funds for those activities. FSA plans to expand technical assistance activities to provide BCAP with enhanced compliance spot checks, greater breadth of environmental reviews, outreach, and training. In addition, BCAP technical assistance will continue to include the development and evaluation of conservation plans, forest stewardship plans, or equivalent plans for participants.

As noted in the next section, FSA seeks comments on how FSA should prioritize and implement various BCAP activities, given the funding authorization provided in the 2014 Farm Bill.

Miscellaneous Corrections

This rule makes several minor technical corrections, such as correcting typographical errors.

Comments Requested on BCAP Implementation

FSA is requesting public comments on how BCAP should be implemented in future years, given the new requirements in the 2014 Farm Bill and the limited funding authority. FSA is, in particular, requesting public comments on the following questions:

• What information could FSA reasonably collect that would provide assurance that the biomass conversion facility has sufficient equity to be in operation by the date on which project area eligible crops are ready for harvest?

• How could FSA best determine if expansion of a project area would advance the maturity of that project area?

• What credible risk tools and sources should FSA consider in determining whether proposed crops are potentially invasive?

• With a new cost share cap of 50 percent for establishment costs for perennial crops in project areas, what establishment practices should FSA consider as most important to support?

• With the new limits to the BCAP budget, what priorities should FSA consider in implementing the program?

Please provide information on these issues, and any other issues of concern with BCAP implementation, to the contacts listed in the ADDRESSES section. Specific comments addressing the issues raised above are most helpful; all comments are welcome. Proposals for alternatives should address data sources, costs, and the provisions of the 2014 Farm Bill that support the alternative. The following suggestions may be helpful for preparing your comments:

• Explain your views as clearly as possible.

• Describe any assumptions that you used.

• Provide any technical information and data on which you based your views.

• Provide specific examples to illustrate your points.

• Offer specific alternatives to the current regulations or policies and indicate the source of necessary data, the estimated cost of obtaining the data, and how the data can be verified.

Submit your comments by the comment period deadline.

Notice and Comment

We are issuing this final rule without prior notice and opportunity for comment. The Administrative Procedure Act (APA) exempts rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” from the statutory requirement for prior notice and opportunity for comment. 5 U.S.C. 553(a)(2). However, FSA is providing a 60-day comment period and we invite you to participate in this rulemaking by submitting written comments, data, or views. We will consider the comments we receive and may conduct additional rulemaking based on the comments.

Executive Orders 12866 and 13563

Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.

The Office of Management and Budget (OMB) designated this rule as not significant under Executive Order 12866, and therefore, OMB has not reviewed this rule.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule whenever an agency is required by APA or any other law to publish a proposed rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is exempt from notice and comment rulemaking requirements of the APA and no other law requires that a proposed rule be published for this rulemaking initiative.

Environmental Review

The environmental impacts of this final rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations for compliance with NEPA (7 CFR part 799). The 2014 Farm Bill extended and revised BCAP and authorized its funding through 2018. FSA has no discretion in these BCAP provisions or changes; the only discretionary provisions in this final rule are minor editorial clarifications. The general scope of BCAP, as implemented under the 2008 Farm Bill, is unchanged. As such, FSA has determined that this final rule does not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Therefore, FSA will not prepare an environmental assessment or environmental impact statement for this regulatory action.

Executive Order 12372

Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. For reasons specified in the final rule related notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. The rule does not have retroactive effect. Before any judicial action may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted.

Executive Order 13132

This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.

Executive Order 13175

This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

FSA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under Executive Order 13175. If a Tribe requests consultation, FSA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by the 2014 Farm Bill.

The Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments, or the private sector. Agencies generally need to prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.

SBREFA

SBREFA normally requires that an agency delay the effective date of a major rule for 60 days from the date of publication to allow for Congressional review. This rule is not a major rule under SBREFA. Therefore, FSA is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review.

Federal Assistance Programs

The title and number of the Federal Domestic Assistance Program found in the Catalog of Federal Domestic Assistance to which this rule applies is the Biomass Crop Assistance Program—10:087.

Paperwork Reduction Act of 1995

The regulatory changes in this rule do not require changes to the information collection requests currently approved by OMB control number 0560-0082.

E-Government Act Compliance

FSA and CCC are committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

List of Subjects in 7 CFR Part 1450

Administrative practice and procedure, Agriculture, Energy, Environmental protection, Grant programs—agriculture, Natural resources, Reporting and recordkeeping requirements, Technical assistance.

For the reasons discussed above, CCC amends 7 CFR part 1450 as follows:

PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) 1. The authority citation for part 1450 continues to read as follows: Authority:

7 U.S.C. 8111.

Subpart A—Common Provisions
§ 1450.1 [Amended]
2. Amend § 1450.1, in paragraph (b), by removing the word “Program” and adding the word “Programs” in its place.
§ 1450.2 [Amended]
3. Amend § 1450.2 as follows: a. Add, in alphabetical order, definitions for “Agricultural residue” and “Eligible land”, to read as set forth below; b. Remove the definitions for “Beginning farmer or rancher” and “Socially disadvantaged farmer or rancher”; c. Revise the definitions for “Dry ton”, “Eligible crop”, “Eligible material”, and “Technical assistance”, to read as set forth below; d. In paragraph (2) of the definition of “Native sod”, add the words “or the producer cannot substantiate that the ground has ever been tilled” immediately after the word “tilled”; and e. In the definition of “Yard waste”, remove the word “byproducts” and add the word “by-products” in its place.

The revisions and additions read as follows:

§ 1450.3 Definitions.

Agricultural residue means crop residue from agricultural lands, including woody orchard waste.

Dry ton means one U.S. ton measuring 2,000 pounds. One dry ton is the amount of renewable biomass that would weigh one U.S. ton at zero percent moisture content. Woody material dry ton weight is determined in accordance with applicable American Society for Testing and Materials (ASTM) standards.

Eligible crop means a crop of renewable biomass as defined in this section that is eligible for establishment payments and annual payments as specified in Subpart C of this part.

Eligible land means agricultural and nonindustrial private forest lands on which eligible crops for establishment payments and annual payments may be grown, as specified in subpart C of this part.

Eligible material means renewable biomass, including agricultural residue, as defined in this section that is harvested directly from the land and that is eligible for matching payments, as specified in subpart B of this part.

Technical assistance means assistance in determining the eligibility of land and practices for BCAP, implementing and certifying practices, ensuring contract performance, and providing annual rental rate surveys. BCAP technical assistance may include, but is not limited to: technical expertise and services, information, and tools necessary for the conservation of natural resources on land; technical services provided directly to farmers, ranchers, and other eligible entities, such as conservation planning, technical consultation, and assistance with design and implementation of eligible practices; and technical infrastructure, including activities, processes, tools, and functions needed to support delivery of technical and program services, such as technical standards, resource inventories, training, data, technology, monitoring, compliance spot checks, and effects analyses.

§ 1450.9 [Removed]
4. Remove § 1450.9.
§§ 1450.10 to 1450.13 [Redesignated]
5. Redesignate §§ 1450.10 through 1450.13 as §§ 1450.9 through 1450.12.
6. Revise newly redesignated § 1450.9(b) to read as follows:
§ 1450.9 Appeals.

(b) Determinations by the Natural Resources Conservation Service, U.S. Forest Service, Department of Interior, Bureau of Land Management, or other authorized technical assistance provider may be appealed in accordance with procedures established in part 614 of this title or otherwise established by the respective Agency.

Subpart B—Matching Payments 7. Revise § 1450.101(a)(2)(v) and (vi) to read as follows:
§ 1450.101 Qualified biomass conversion facility.

(a) * * *

(2) * * *

(v) Use commercial weight scales that are certified for accuracy by applicable State or local authorities and accurate moisture measurement equipment to determine the dry ton weight equivalent of actual tonnage delivered. Woody material dry ton weight must be determined in accordance with applicable ASTM standards; and

(vi) Purchase eligible material at a fair market price that is consistent with similar products, regardless of whether or not the seller has applied for or receives a matching payment authorized by this subpart or if the seller and purchaser are related entities.

8. Amend § 1450.102 as follows: a. In paragraph (a)(2), remove the words “eligible material” and add the words “eligible material, regardless of whether the eligible material is produced on contract acreage authorized by subpart C of this part,” in their place; and b. Revise paragraph (a)(3).

The revision reads as follows:

§ 1450.102 Eligible material owner.

(a) * * *

(3) Certify that the eligible material for which a payment may be issued as specified in § 1450.106 has been harvested according to a conservation plan, forest stewardship plan, or equivalent plan, and, if woody eligible material collected or harvested on land other than contract acreage, the woody material is a by-product of preventative treatments that was removed to reduce hazardous fuels or to reduce or contain disease or insect infestation.

9. Amend § 1450.103 as follows: a. Revise the section heading; b. Revise paragraph (a), introductory text; c. Remove paragraph (a)(1) and redesignate paragraphs (a)(2) through (4) as paragraphs (a)(1) through (3); d. Revise newly redesignated paragraph (a)(2)(i); e. Revise paragraphs (b)(1), (3) and (4) and add paragraphs (b)(5) through (10); and f. Add paragraph (c).

The revisions and additions read as follows:

§ 1450.103 Eligible material for payments.

(a) Except for the exclusions specified in paragraph (b) of this section, in order to qualify for matching payments, eligible material must meet the following requirements:

(2) * * *

(i) By-products of preventative treatments that were removed to reduce hazardous fuels or to reduce or contain disease or insect infestation; and

(b) * * *

(1) Any eligible material delivered before May 28, 2015;

(3) Material that is whole grain from any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 or an amendment made by that title, including, but not limited to, barley, corn, grain sorghum, oats, rice, or wheat; honey; mohair; certain oilseeds such as canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seeds; peanuts; pulse; chickpeas, lentils, and dry peas; dairy products; sugar; and wool and cotton boll fiber;

(4) Animal waste and by-products of animal waste including fats, oil, grease, and manure;

(5) Food waste and yard waste;

(6) Algae;

(7) Woody eligible material that is not a by-product of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation;

(8) Any woody eligible material collected or harvested outside contract acreage that would otherwise be used for higher-value products;

(9) Any otherwise eligible material collected or harvested outside contract acreage that, after delivery to a biomass conversion facility, its campus, or its affiliated facilities, must be separated from an eligible material used for a higher-value market product in order to be used for heat, power, biobased products, research, or advanced biofuels; or

(10) Bagasse.

(c) For eligible woody material harvested or collected from public lands, a person having the right to harvest or collect eligible material pursuant to a contract or permit with the U.S. Forest Service or other appropriate Federal agency will not be eligible for additional haul costs unless the facility is a further distance than specified in the contract requirement or the material was not a mandatory removal item from Federal lands.

10. Amend § 1450.104 by revising paragraphs (a), (b), and (f)(1) to read as follows:
§ 1450.104 Signup.

(a) Applications for participation and requests for payments under this subpart will be accepted as specified in the FSA announcement(s) in a given fiscal year through the end of the announced sign up period on a continuous basis, subject to the availability of funds.

(b) An eligible material owner must apply to participate in the matching payments component of BCAP before delivery is made to a qualified biomass conversion facility and before payment for the eligible material is received from the qualified biomass conversion facility. The application must be submitted to the FSA county office servicing the tracts of land where the collection and harvest will occur and must be approved by CCC, before any delivery is made to or payment is made by the qualified biomass conversion facility for the eligible material.

(f) * * *

(1) Total actual tonnage delivered and a total dry weight tonnage equivalent amount determined by the qualified biomass conversion facility using standard moisture determinations applicable to the eligible material (Woody material dry ton weight is determined in accordance with applicable ASTM standards);

11. Amend § 1450.106 as follows: a. Revise paragraph (a); and b. In paragraph (b), remove the amount “$45” and add the amount “$20” in its place.

The revisions read as follows:

§ 1450.106 Payments.

(a) Payments under this subpart will be made for a term not to exceed 2 years, commencing on the date that CCC issues the first payment under this subpart to the participant. The 2-year eligibility period for each participant runs from the date that the participant is first issued any matching payment from CCC, regardless of payment for subsequent deliveries to any other biomass conversion facility. The eligibility period will not include any BCAP matching payments received prior to May 28, 2015.

Subpart C—Establishment Payments and Annual Payments 12. Add § 1450.200(b) to read as follows:
§ 1450.200 General.

(b) Eligible crops include renewable biomass, as defined § 1450.2, excluding:

(1) Any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 or an amendment made by that title, including, but not limited to, barley, corn, grain sorghum, oats, rice, or wheat; honey; mohair; certain oilseeds such as canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seeds; peanuts; pulse; chickpeas, lentils, and dry peas; dairy products; sugar; and wool and cotton boll fiber; and

(2) Any plant that CCC has determined to be either a noxious weed or an invasive species. With respect to noxious weeds and invasive species, a list of such plants will be available in the FSA county office.

13. Amend § 1450.201 as follows: a. In paragraph (a)(3), add the words “has or” immediately before the word “will”; and b. Revise paragraph (a)(4).

The revision reads as follows:

§ 1450.201 Project area proposal submission requirements.

(a) * * *

(4) Any other information that gives CCC a reasonable assurance that the biomass conversion facility will be in operation in a timely manner so that it will use the eligible crops, as determined by CCC.

14. Amend § 1450.202 as follows: a. In paragraph (a)(8), remove the word “and”; b. Revise paragraph (a)(9); and c. Add paragraph (a)(10).

The revision and addition read as follows:

§ 1450.202 Project area selection criteria.

(a) * * *

(9) Status as an existing project area that has received funding under this subpart and the continuation of funding such project areas to advance the maturity of such project areas; and

(10) Any other necessary additional information, as determined by CCC.

15. Amend § 1450.204 as follows: a. Revise paragraphs (b)(3) and (4); and b. Remove paragraph (b)(5).

The revisions read as follows:

§ 1450.204 Eligible land.

(b) * * *

(3) Land enrolled in the Conservation Reserve Program (CRP) as specified in part 1410 of this chapter for which either:

(i) The enrollment is not expiring in the current fiscal year; or

(ii) A CRP payment for this land has been received in the current fiscal year; or

(4) Land enrolled in the Agricultural Conservation Easement Program (ACEP) for which either:

(i) The enrollment is not expiring in the current fiscal year; or

(ii) An ACEP payment for this land has been received in the current fiscal year.

§ 1450.211 [Amended]
16. Amend § 1450.211, in paragraph (g)(4), by adding the word “by” immediately before the word “CCC”.
§ 1450.212 [Amended]
17. Amend § 1450.212, in paragraph (d), by removing the words “agreed to” and adding the word “determined” in their place.
18. Amend § 1450.213 by revising paragraphs (a) and (b) to read as follows:
§ 1450.213 Levels and rates for establishment payments.

(a) CCC will pay not more than 50 percent of the actual or average cost (whichever is lower) of establishing non-woody perennial crops and woody perennial crops specified in the conservation plan, forest stewardship plan, or equivalent plan, not to exceed $500 per acre. For socially disadvantaged farmers or ranchers, as defined in part 718 of this title, establishment payments may not exceed $750 per acre.

(b) The average cost of performing a practice will be determined by CCC based on recommendations from the State Technical Committee. Such cost may be the average cost in a State, a county, or a part of a State or county, as determined by CCC. The average cost as determined by CCC will be used for payment purposes, if it is less than the actual cost for an individual participant.

§ 1450.215 [Amended]
19. Amend § 1450.215, in paragraph (c), by removing the words “the contract” each time they appear and adding the words “the BCAP contract” in their place.
Signed at Washington, DC, on February 23, 2015. Val Dolcini, Executive Vice President, Commodity Credit Corporation, and Administrator, Farm Service Agency.
[FR Doc. 2015-04092 Filed 2-26-15; 8:45 am] BILLING CODE 3410-05-P
DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No. APHIS-2006-0074] RIN 0579-AC36 Highly Pathogenic Avian Influenza; Technical Amendment AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Final rule; technical amendment.

SUMMARY:

In a final rule published in the Federal Register on December 1, 2014, and effective on that date, we adopted, with changes, an interim rule that amended the regulations concerning the importation of live birds and poultry (including hatching eggs) and bird and poultry products from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist. As part of this action, we intended to clarify that table eggs from regions considered to have HPAI may only be imported under APHIS permit for scientific, educational, or research purposes to approved establishments, and only if the Administrator has determined that the importation can be made under conditions that will prevent the introduction of HPAI into the United States. However, we did not add references to HPAI to one of the table egg provisions of the final rule as we intended. This document corrects that oversight.

DATES:

Effective February 27, 2015.

FOR FURTHER INFORMATION CONTACT:

Mr. Javier Vargas, Case Manager, National Import Export Services, Animal Health Policy and Programs, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737; (301) 851-3300.

SUPPLEMENTARY INFORMATION:

In a final rule 1 that was published in the Federal Register on December 1, 2014 (79 FR 70997-71007, Docket No. APHIS-2006-0074), and effective on that date, we adopted, with changes, an interim rule that amended the regulations concerning the importation of live birds and poultry (including hatching eggs) and bird and poultry products from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist. As part of this action, we intended to amend the regulations in § 94.6(c)(4) to clarify that table eggs from regions considered to have HPAI that do not meet the requirements of § 94.6(c)(1) through § 94.6(c)(3) may only be imported if the Administrator has determined that the importation can be made under conditions that will prevent the introduction of HPAI into the United States. However, we did not add references to HPAI in § 94.6(c)(4) of the table egg provisions of the final rule as we intended. We are amending the regulations to correct that oversight.

1 To view the rule, supporting analyses, and comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2006-0074.

We also wish to clarify a statement we made in the preamble to the final rule regarding the requirements for importing table eggs from HPAI regions. We incorrectly stated that table eggs moved to approved establishments for breaking and pasteurization require an APHIS permit. Such eggs do not require an APHIS permit for importation and, as indicated in § 94.6(c)(2), may be moved from the port of arrival in the United States, under seal of the United States Department of Agriculture, to an approved establishment for breaking and pasteurization.

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 94 is amended as follows:

PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS. 1. The authority citation for part 94 continues to read as follows: Authority:

7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

§ 94.6 [Amended]
2. In § 94.6, paragraph (c)(4) is amended by adding the words “and HPAI” after the words “Newcastle disease” each time they occur.
Done in Washington, DC, this 23rd day of February 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-04147 Filed 2-26-15; 8:45 am] BILLING CODE 3410-34-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31002; Amdt. No. 3630] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective February 27, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

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

ADDRESSES:

Availability of matter incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary. This amendment provides the affected CFR, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

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. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on January 30, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows:
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [AMENDED]

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

Effective Upon Publication AIRAC Date State City Airport FDC No. FDC Date Subject 5-Mar-15 PA Doylestown Doylestown 4/2203 01/13/15 This NOTAM, published in TL 15-05, is hereby rescinded in its entirety. 5-Mar-15 PA Doylestown Doylestown 4/2204 01/13/15 This NOTAM, published in TL 15-05, is hereby rescinded in its entirety. 5-Mar-15 MN Austin Austin Muni 4/0072 01/13/15 RNAV (GPS) Rwy 17, Amdt 1. 5-Mar-15 MN Willmar Willmar Muni-John L Rice Field 4/0101 01/13/15 RNAV (GPS) Rwy 31, Amdt 1. 5-Mar-15 ND Bismark Bismark Muni 4/1055 01/13/15 RNAV (GPS) Rwy 13, Orig. 5-Mar-15 ND Bismark Bismark Muni 4/1078 01/13/15 RNAV (GPS) Rwy 3, Amdt 2. 5-Mar-15 ND Bismark Bismark Muni 4/1082 01/13/15 RNAV (GPS) Rwy 21, Amdt 1.. 5-Mar-15 IL Peoria Mount Hawley Auxiliary 4/1094 01/20/15 RNAV (GPS) Rwy 18, Amdt 1. 5-Mar-15 MA Pittsfield Pittsfield Muni 4/1842 01/15/15 RNAV (GPS) Rwy 26, Amdt 1. 5-Mar-15 MA Pittsfield Pittsfield Muni 4/1971 01/15/15 RNAV (GPS) Rwy 8, Amdt 1. 5-Mar-15 MA Boston General Edward Lawrence Logan Intl 4/2040 01/13/15 Takeoff Minimums and (Obstacle) DP, Amdt 13. 5-Mar-15 NY Penn Yan Penn Yan 4/2208 01/20/15 NDB Rwy 28, Amdt 6C. 5-Mar-15 NY Penn Yan Penn Yan 4/2209 01/20/15 RNAV (GPS) Rwy 19, Orig-B. 5-Mar-15 KS Clay Center Clay Center Muni 4/2532 01/20/15 RNAV (GPS) Rwy 17, Orig. 5-Mar-15 WI New Lisbon Mauston-New Lisbon Union 4/7206 01/13/15 Takeoff Minimums and (Obstacle) DP, Orig. 5-Mar-15 LA Bogalusa George R Carr Memorial Air Fld 5/0810 01/08/15 Takeoff Minimums and (Obstacle) DP, Amdt 3. 5-Mar-15 NY Farmingdale Republic 5/2582 01/13/15 ILS OR LOC Rwy 14, Amdt 8C. 5-Mar-15 ND Kindred Robert Odegaard Field 5/2805 01/13/15 Takeoff Minimums and (Obstacle) DP, Orig. 5-Mar-15 TX Plainview Hale County 5/2973 01/20/15 VOR Rwy 4, Amdt 9B. 5-Mar-15 TX Plainview Hale County 5/2974 01/20/15 RNAV (GPS) Rwy 4, Orig. 5-Mar-15 AR Little Rock Bill And Hillary Clinton National/Adams Field 5/3530 01/20/15 RNAV (GPS) Rwy 18, Amdt 1C. 5-Mar-15 AR Little Rock Bill And Hillary Clinton National/Adams Field 5/3531 01/20/15 ILS OR LOC Rwy 22R, ILS Rwy 22R (CAT II & III), Amdt 2C. 5-Mar-15 AR Little Rock Bill And Hillary Clinton National/Adams Field 5/3532 01/20/15 RNAV (GPS) Rwy 22R, Amdt 1A. 5-Mar-15 AR Little Rock Bill And Hillary Clinton National/Adams Field 5/3533 01/20/15 ILS OR LOC Rwy 22L, Orig-B. 5-Mar-15 AR Little Rock Bill And Hillary Clinton National/Adams Field 5/3534 01/20/15 RNAV (GPS) Rwy 22L, Amdt 1B. 5-Mar-15 MI Grand Rapids Gerald R Ford Intl 5/3682 01/20/15 VOR Rwy 17, Orig-D. 5-Mar-15 AR Nashville Howard County 5/3701 01/20/15 RNAV (GPS) Rwy 1, Orig. 5-Mar-15 AR Paragould Kirk Field 5/3708 01/20/15 VOR Rwy 4, Amdt 5. 5-Mar-15 IL Cahokia/St Louis St Louis Downtown 5/3910 01/20/15 RNAV (GPS) Rwy 30L, Orig. 5-Mar-15 IL Cahokia/St Louis St Louis Downtown 5/3911 01/20/15 RNAV (GPS) Rwy 30R, Orig. 5-Mar-15 IL Benton Benton Muni 5/3926 01/20/15 RNAV (GPS) Rwy 18, Orig. 5-Mar-15 IA Hampton Hampton Muni 5/4099 01/20/15 VOR/DME Rwy 35, Amdt 1C. 5-Mar-15 IN Logansport Logansport/Cass County 5/4127 01/20/15 RNAV (GPS) Rwy 27, Amdt 1. 5-Mar-15 MA Nantucket Nantucket Memorial 5/4420 01/20/15 RNAV (GPS) Rwy 15, Orig. 5-Mar-15 MA Nantucket Nantucket Memorial 5/4421 01/20/15 RNAV (GPS) Rwy 33, Amdt 1. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4741 01/20/15 RNAV (GPS) Rwy 29, Amdt 1. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4742 01/20/15 RNAV (GPS) Rwy 35, Amdt 1. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4743 01/20/15 LOC BC Rwy 11, Amdt 9. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4744 01/20/15 ILS OR LOC Rwy 29, Amdt 12. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4745 01/20/15 RNAV (GPS) Rwy 17, Amdt 1. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4746 01/20/15 NDB Rwy 17, Amdt 12. 5-Mar-15 IL Alton/St Louis St Louis Rgnl 5/4747 01/20/15 RNAV (GPS) Rwy 11, Amdt 2. 5-Mar-15 IL Kewanee Kewanee Muni 5/4748 01/20/15 RNAV (GPS) Rwy 19, Amdt 1. 5-Mar-15 IL Kewanee Kewanee Muni 5/4749 01/20/15 RNAV (GPS) Rwy 27, Amdt 1. 5-Mar-15 IL Kewanee Kewanee Muni 5/4750 01/20/15 RNAV (GPS) Rwy 9, Amdt 1. 5-Mar-15 IL Kewanee Kewanee Muni 5/4751 01/20/15 RNAV (GPS) Rwy 1, Amdt 1. 5-Mar-15 OH Galion Galion Muni 5/4755 01/20/15 VOR Rwy 23, Amdt 13. 5-Mar-15 OH Galion Galion Muni 5/4756 01/20/15 RNAV (GPS) Rwy 23, Orig. 5-Mar-15 OH Galion Galion Muni 5/4757 01/20/15 RNAV (GPS) Rwy 5, Orig. 5-Mar-15 OH Hillsboro Highland County 5/4759 01/20/15 RNAV (GPS) Rwy 23, Orig. 5-Mar-15 OH Hillsboro Highland County 5/4760 01/20/15 NDB Rwy 23, Amdt 5. 5-Mar-15 OH Dayton Greene County-Lewis A Jackson Rgnl 5/4761 01/20/15 VOR Rwy 7, Orig. 5-Mar-15 OH Lebanon Warren County/John Lane Field 5/4762 01/20/15 RNAV (GPS) Rwy 1, Amdt 2. 5-Mar-15 IL Chicago/Rockford Chicago/Rockford Intl 5/5023 01/20/15 RNAV (GPS) Rwy 19, Amdt 2. 5-Mar-15 PA New Castle New Castle Muni 5/5070 01/21/15 RNAV (GPS) Rwy 5, Amdt 1A. 5-Mar-15 PA New Castle New Castle Muni 5/5071 01/21/15 RNAV (GPS) Rwy 23, Amdt 1A. 5-Mar-15 PA New Castle New Castle Muni 5/5072 01/21/15 NDB Rwy 23, Amdt 3A. 5-Mar-15 TN Nashville Nashville Intl 5/5075 01/21/15 ILS OR LOC Rwy 31, Amdt 9. 5-Mar-15 NY Penn Yan Penn Yan 5/5126 01/20/15 RNAV (GPS) Rwy 1, Amdt 3A.
[FR Doc. 2015-03923 Filed 2-26-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31001; Amdt. No. 3629] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective February 27, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

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

ADDRESSES:

Availability of matters incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFRs and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C 553(d), good cause exists for making some SIAPs effective in less than 30 days.

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. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on January 30, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows: Effective 5 March 2015 San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28L, ILS RWY 28L (SA CAT II), Amdt 25 San Jose, CA, Norman Y. Mineta San Jose Intl, ILS OR LOC/DME RWY 12R, Amdt 8 San Jose, CA, Norman Y. Mineta San Jose Intl, ILS OR LOC/DME RWY 30L, ILS RWY 30L (SA CAT I), Amdt 23 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (GPS) Y RWY 12L, Amdt 3 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (GPS) Y RWY 12R, Amdt 3 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (GPS) Y RWY 30L, Amdt 3 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (RNP) Z RWY 12L, Amdt 1 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (RNP) Z RWY 12R, Amdt 2 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (RNP) Z RWY 30L, Amdt 2 San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (RNP) Z RWY 30R, Amdt 1 San Jose, CA, Norman Y. Mineta San Jose Intl, VOR RWY 12R, Amdt 5 San Jose, CA, Norman Y. Mineta San Jose Intl, VOR/DME RWY 30L, Amdt 3 San Jose, CA, Norman Y. Mineta San Jose Intl, VOR/DME RWY 30R, Amdt 1 Panama City, FL, Northwest Florida Beaches Intl, VOR/DME RWY 16, Orig Panama City, FL, Northwest Florida Beaches Intl, VOR/DME RWY 34, Orig Augusta, GA, Daniel Field, RNAV (GPS) RWY 11, Amdt 1 Donalsonville, GA, Donalsonville Muni, RNAV (GPS) RWY 1, Amdt 1B Donalsonville, GA, Donalsonville Muni, RNAV (GPS) RWY 19, Amdt 1A Fitzgerald, GA, Fitzgerald Muni, LOC/NDB RWY 2, Amdt 1 Fitzgerald, GA, Fitzgerald Muni, NDB RWY 2, Amdt 1 Fitzgerald, GA, Fitzgerald Muni, RNAV (GPS) RWY 2, Amdt 1 Fitzgerald, GA, Fitzgerald Muni, Takeoff Minimums and Obstacle DP, Amdt 1A Champaign/Urbana, IL, University of Illinois-Willard, ILS OR LOC RWY 32R, Amdt 13 Champaign/Urbana, IL, University of Illinois-Willard, NDB RWY 32R, Amdt 11A Champaign/Urbana, IL, University of Illinois-Willard, RADAR 1, Amdt 6B Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY 4, Orig-B Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY 14L, Orig-A Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY 18, Orig-A Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY 22, Amdt 1A Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY 32R, Orig-A Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY 36, Orig-A Champaign/Urbana, IL, University of Illinois-Willard, Takeoff Minimums and Obstacle DP, Orig-A Muncie, IN, Delaware County Rgnl, RNAV (GPS) RWY 3, Orig Muncie, IN, Delaware County Rgnl, RNAV (GPS) RWY 21, Amdt 1 Terre Haute, IN, Terre Haute Intl-Hulman Field, ILS OR LOC RWY 5, Amdt 23 Winchester, IN, Randolph County, RNAV (GPS) RWY 8, Amdt 1 Winchester, IN, Randolph County, RNAV (GPS) RWY 26, Amdt 1 Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, ILS OR LOC RWY 15R, Amdt 16 Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, ILS OR LOC RWY 33L, ILS RWY 33L (SA CAT I), ILS RWY 33L (SA CAT II), Amdt 12 Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, Takeoff Minimums and Obstacle DP, Amdt 10 Princeton, ME, Princeton Muni, RNAV (GPS) RWY 15, Amdt 1 Escanaba, MI, Delta County, ILS OR LOC RWY 9, Amdt 3 Sault Ste Marie, MI, Chippewa County Intl, ILS OR LOC RWY 16, Amdt 8B Sault Ste Marie, MI, Chippewa County Intl, NDB RWY 34, Amdt 5A Sault Ste Marie, MI, Chippewa County Intl, RNAV (GPS) RWY 10, Orig-A Sault Ste Marie, MI, Chippewa County Intl, RNAV (GPS) RWY 16, Amdt 1A Sault Ste Marie, MI, Chippewa County Intl, RNAV (GPS) RWY 28, Orig-A Sault Ste Marie, MI, Chippewa County Intl, RNAV (GPS) RWY 34, Amdt 1A Sault Ste Marie, MI, Chippewa County Intl, Takeoff Minimums and Obstacle DP, Orig-A Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS OR LOC RWY 12L, ILS RWY 12L (SA CAT I), ILS RWY 12L (CAT II), ILS RWY 12L (CAT III), Amdt 10 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS OR LOC RWY 12R, ILS RWY 12R (SA CAT I), ILS RWY 12R (CAT II), ILS RWY 12R (CAT III), Amdt 11 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS V RWY 30L (CONVERGING), Amdt 2 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS V RWY 30R (CONVERGING), Amdt 3 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS Z OR LOC RWY 30L, ILS Z RWY 30L (SA CAT I), ILS Z RWY 30L (CAT II), Amdt 46 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS Z OR LOC RWY 30R, Amdt 15 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, RNAV (GPS) Z RWY 12L, Amdt 4 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, RNAV (GPS) Z RWY 12R, Amdt 3 Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, RNAV (GPS) Z RWY 30R, Amdt 3 Tupelo, MS, Tupelo Rgnl, COPTER VOR 023, Orig Tupelo, MS, Tupelo Rgnl, ILS Y OR LOC Y RWY 36, Orig Tupelo, MS, Tupelo Rgnl, ILS Z OR LOC Z RWY 36, Amdt 10 Tupelo, MS, Tupelo Rgnl, NDB RWY 36, Amdt 5 Tupelo, MS, Tupelo Rgnl, RNAV (GPS) RWY 18, Amdt 1 Tupelo, MS, Tupelo Rgnl, RNAV (GPS) RWY 36, Amdt 1 Tupelo, MS, Tupelo Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 Tupelo, MS, Tupelo Rgnl, VOR/DME RWY 18, Amdt 1 Oxford, NC, Henderson-Oxford, LOC RWY 6, Amdt 2 Oxford, NC, Henderson-Oxford, NDB RWY 6, Amdt 3 Oxford, NC, Henderson-Oxford, RNAV (GPS) RWY 6, Amdt 1 Oxford, NC, Henderson-Oxford, RNAV (GPS) RWY 24, Amdt 1 Oxford, NC, Henderson-Oxford, Takeoff Minimums and Obstacle DP, Amdt 1 Valentine, NE., Miller Field, RNAV (GPS) RWY 3, Orig Valentine, NE., Miller Field, RNAV (GPS) RWY 14, Amdt 2 Valentine, NE., Miller Field, RNAV (GPS) RWY 21, Orig Somerville, NJ, Somerset, RNAV (GPS) RWY 30, Amdt 2 East Hampton, NY, East Hampton, RNAV (GPS) X RWY 10, Amdt 1 East Hampton, NY, East Hampton, RNAV (GPS) Y RWY 10, Amdt 1 East Hampton, NY, East Hampton, RNAV (GPS) Y RWY 28, Amdt 1 East Hampton, NY, East Hampton, RNAV (GPS) Z RWY 10, Amdt 1 East Hampton, NY, East Hampton, RNAV (GPS) Z RWY 28, Orig New York, NY, John F Kennedy Intl, RNAV (GPS) Z RWY 13R, Orig Cambridge, OH, Cambridge Muni, Takeoff Minimums and Obstacle DP, Amdt 3 Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 6L, ILS RWY 6L (CAT II), ILS RWY 6L (CAT III), Amdt 2F Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 28, Amdt 24C Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC/DME RWY 24R, ILS RWY 24R (CAT II), ILS RWY 24R (CAT III), ILS RWY 24R (SA CAT I), Amdt 5C Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) RWY 10, Amdt 3A Lorain/Elyria, OH, Lorain County Rgnl, ILS OR LOC RWY 7, Amdt 7 Lorain/Elyria, OH, Lorain County Rgnl, RNAV (GPS) RWY 7, Orig-A Port Clinton, OH, Carl R Keller Field, NDB RWY 27, Amdt 14 Port Clinton, OH, Carl R Keller Field, RNAV (GPS) RWY 9, Amdt 1 Port Clinton, OH, Carl R Keller Field, RNAV (GPS) RWY 27, Amdt 1 Port Clinton, OH, Carl R Keller Field, VOR/DME-A, Amdt 9A, CANCELED Washington Court House, OH, Fayette County, RNAV (GPS) RWY 23, Amdt 1 Houston, TX, George Bush Intercontinental/Houston, RNAV (RNP) Y RWY 8L, Orig-A Houston, TX, Lone Star Executive, ILS OR LOC RWY 14, Amdt 3 Houston, TX, Lone Star Executive, NDB RWY 14, Amdt 3 Houston, TX, Lone Star Executive, RNAV (GPS) RWY 14, Amdt 1 Houston, TX, Lone Star Executive, RNAV (GPS) RWY 32, Amdt 2 Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 16L, Amdt 4A Effective 2 April 2015 Seneca Falls, NY, Finger Lakes Rgnl, RNAV (GPS) RWY 1, Amdt 3A RESCINDED: On January 26, 2015 (80 FR 3879), the FAA published an Amendment in Docket No. 30995, Amdt No. 3623, to Part 97 of the Federal Aviation Regulations under section 97.33. The following entries for Loup City, NE., effective March 5, 2015 are hereby rescinded in their entirety: Loup City, NE., Loup City Muni, RNAV (GPS) RWY 16, Orig Loup City, NE., Loup City Muni, RNAV (GPS) RWY 34, Orig
[FR Doc. 2015-03920 Filed 2-26-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31000; Amdt. No. 3628] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective February 27, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

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

ADDRESSES:

Availability of matter incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

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. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (Air).

Issued in Washington, DC, on January 16, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows:
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [AMENDED]

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

* * * Effective Upon Publication AIRAC Date State City Airport FDC No. FDC Date Subject 5-Mar-15 KS Concordia Blosser Muni 4/0379 01/07/15 RNAV (GPS) RWY 35, Orig. 5-Mar-15 MO St Joseph Rosecrans Memorial 4/0409 01/12/15 RNAV (GPS) RWY 13, Orig. 5-Mar-15 MO St Joseph Rosecrans Memorial 4/1601 01/12/15 RNAV (GPS) RWY 35, Amdt 2. 5-Mar-15 MO St Joseph Rosecrans Memorial 4/1607 01/12/15 VOR OR TACAN RWY 17, Amdt 14. 5-Mar-15 NE Omaha Eppley Airfield 4/1733 01/12/15 ILS OR LOC RWY 32L, Amdt 2. 5-Mar-15 NE Omaha Eppley Airfield 4/1734 01/12/15 ILS OR LOC RWY 36, Orig-A. 5-Mar-15 NE Omaha Eppley Airfield 4/1735 01/12/15 RNAV (RNP) Z RWY 32R, Orig. 5-Mar-15 NE Omaha Eppley Airfield 4/1736 01/12/15 ILS OR LOC/DME RWY 14L, Amdt 1B. 5-Mar-15 NE Omaha Eppley Airfield 4/1737 01/12/15 RNAV (RNP) Z RWY 14L, Orig. 5-Mar-15 NE O'Neill The O'Neill Muni-John L Baker Field 4/1742 01/06/15 VOR RWY 31, Amdt 1A. 5-Mar-15 NE O'Neill The O'Neill Muni-John L Baker Field 4/1746 01/06/15 VOR RWY 13, Amdt 5B. 5-Mar-15 NE O'Neill The O'Neill Muni-John L Baker Field 4/1747 01/06/15 RNAV (GPS) RWY 13, Amdt 1. 5-Mar-15 NE O'Neill The O'Neill Muni-John L Baker Field 4/1748 01/06/15 RNAV (GPS) RWY 31, Amdt 1. 5-Mar-15 NE Scribner Scribner State 4/1749 01/06/15 RNAV (GPS) RWY 17, Amdt 1. 5-Mar-15 NM Clayton Clayton Muni Arpk 4/1759 01/06/15 RNAV (GPS) RWY 20, Amdt 2. 5-Mar-15 NM Clayton Clayton Muni Arpk 4/1762 01/06/15 RNAV (GPS) RWY 2, Amdt 2. 5-Mar-15 NM Carlsbad Cavern City Air Trml 4/1764 01/06/15 RNAV (GPS) RWY 3, Orig. 5-Mar-15 NM Carlsbad Cavern City Air Trml 4/1765 01/06/15 RNAV (GPS) RWY 14R, Amdt 1. 5-Mar-15 NM Carlsbad Cavern City Air Trml 4/1766 01/06/15 RNAV (GPS) RWY 21, Amdt 1. 5-Mar-15 NM Carlsbad Cavern City Air Trml 4/1767 01/06/15 RNAV (GPS) RWY 32L, Amdt 1. 5-Mar-15 NM Los Alamos Los Alamos 4/1770 01/06/15 RNAV (GPS) Z RWY 27, Orig. 5-Mar-15 NM Los Alamos Los Alamos 4/1771 01/06/15 RNAV (GPS) Y RWY 27, Amdt 1. 5-Mar-15 NM Socorro Socorro Muni 4/1773 01/07/15 RNAV (GPS) RWY 33, Amdt 1. 5-Mar-15 NM Roswell Roswell Intl Air Center 4/1775 01/07/15 ILS OR LOC RWY 21, Amdt 18. 5-Mar-15 NM Raton Raton Muni/Crews Field 4/1778 01/07/15 RNAV (GPS) RWY 2, Orig. 5-Mar-15 NM Raton Raton Muni/Crews Field 4/1781 01/07/15 RNAV (GPS) RWY 25, Orig. 5-Mar-15 NM Ruidoso Sierra Blanca Rgnl 4/1782 01/07/15 RNAV (GPS) RWY 24, Orig. 5-Mar-15 SD Gettysburg Gettysburg Muni 4/1783 01/07/15 RNAV (GPS) RWY 13, Amdt 2. 5-Mar-15 SD Gettysburg Gettysburg Muni 4/1784 01/07/15 RNAV (GPS) RWY 31, Amdt 2. 5-Mar-15 SD Parkston Parkston Muni 4/1785 01/07/15 RNAV (GPS) RWY 15, Orig. 5-Mar-15 SD Parkston Parkston Muni 4/1786 01/07/15 RNAV (GPS) RWY 33, Orig. 5-Mar-15 SD Sturgis Sturgis Muni 4/1791 01/07/15 RNAV (GPS) RWY 29, Amdt 1. 5-Mar-15 SD Wagner Wagner Muni 4/1792 01/07/15 RNAV (GPS) RWY 27, Orig. 5-Mar-15 SD Belle Fourche Belle Fourche Muni 4/1793 01/07/15 RNAV (GPS) RWY 32, Amdt 1. 5-Mar-15 SD Yankton Chan Gurney Muni 4/1820 01/07/15 ILS OR LOC RWY 31, Amdt 4. 5-Mar-15 SD Yankton Chan Gurney Muni 4/1821 01/07/15 NDB RWY 31, Amdt 3. 5-Mar-15 SD Yankton Chan Gurney Muni 4/1822 01/07/15 RNAV (GPS) RWY 31, Orig. 5-Mar-15 SD Yankton Chan Gurney Muni 4/1824 01/07/15 VOR RWY 31, Amdt 3A. 5-Mar-15 PA Doylestown Doylestown 4/2203 01/13/15 RNAV (GPS) RWY 23, Amdt 1. 5-Mar-15 PA Doylestown Doylestown 4/2204 01/13/15 RNAV (GPS) RWY 5, Orig. 5-Mar-15 TX Dallas Collin County Rgnl At Mc Kinney 4/2231 01/06/15 ILS OR LOC RWY 18, Amdt 5. 5-Mar-15 TX Dallas Collin County Rgnl At Mc Kinney 4/2232 01/06/15 RNAV (GPS) RWY 18, Amdt 2. 5-Mar-15 OK Perry Perry Muni 4/2509 01/06/15 RNAV (GPS) RWY 17, Orig. 5-Mar-15 OK Perry Perry Muni 4/2510 01/06/15 VOR/DME RWY 17, Amdt 3A. 5-Mar-15 AK Dillingham Dillingham 4/2511 01/08/15 LOC/DME RWY 19, Amdt 6D. 5-Mar-15 ND Pembina Pembina Muni 4/2555 01/07/15 RNAV (GPS) RWY 33, Orig. 5-Mar-15 MI Cheboygan Cheboygan County 4/2645 01/07/15 RNAV (GPS) RWY 10, Amdt 3. 5-Mar-15 MI Cheboygan Cheboygan County 4/2646 01/07/15 VOR RWY 10, Amdt 9. 5-Mar-15 MI Cheboygan Cheboygan County 4/2648 01/07/15 RNAV (GPS) RWY 28, Amdt 2. 5-Mar-15 OK Antlers Antlers Muni 4/2727 01/07/15 RNAV (GPS) RWY 35, Orig. 5-Mar-15 OK Oklahoma City Sundance Airpark 4/2728 01/07/15 RNAV (GPS) RWY 17, Amdt 1A. 5-Mar-15 OK Oklahoma City Sundance Airpark 4/2729 01/07/15 LOC RWY 17, Orig-E. 5-Mar-15 OK Oklahoma City Sundance Airpark 4/2730 01/07/15 VOR RWY 17, Amdt 1C. 5-Mar-15 IL Springfield Abraham Lincoln Capital 4/2784 01/13/15 VOR/DME RWY 31, Amdt 1. 5-Mar-15 AK Fort Yukon Fort Yukon 4/2840 01/07/15 RNAV (GPS) RWY 4, Amdt 1B. 5-Mar-15 AK Fort Yukon Fort Yukon 4/2841 01/07/15 RNAV (GPS) RWY 22, Amdt 1B. 5-Mar-15 TX Houston George Bush Intercontinental/Houston 4/2947 01/07/15 GLS RWY 26L, Amdt 1. 5-Mar-15 TX Houston George Bush Intercontinental/Houston 4/2949 01/07/15 RNAV (GPS) Z RWY 26L, Amdt 4. 5-Mar-15 TX Houston George Bush Intercontinental/Houston 4/2950 01/07/15 RNAV (RNP) Y RWY 26L, Orig-A. 5-Mar-15 TX Houston George Bush Intercontinental/Houston 4/2951 01/07/15 ILS OR LOC RWY 26L, ILS RWY 26L (SA CAT I), ILS RWY 26L (CAT II & III), Amdt 21A. 5-Mar-15 CA Santa Rosa Charles M Schulz—Sonoma County 4/3231 01/13/15 VOR/DME RWY 14, Amdt 3. 5-Mar-15 GA Atlanta Atlanta Rgnl Falcon Field 4/7646 01/07/15 ILS OR LOC RWY 31, Amdt 2A. 5-Mar-15 GA Atlanta Atlanta Rgnl Falcon Field 4/7647 01/07/15 NDB RWY 31, Amdt 3A. 5-Mar-15 GA Atlanta Atlanta Rgnl Falcon Field 4/7648 01/07/15 RNAV (GPS) RWY 31, Amdt 2A. 5-Mar-15 AK Minchumina Minchumina 4/8112 01/08/15 NDB RWY 3, Amdt 3C. 5-Mar-15 AK Kotlik Kotlik 4/8355 01/08/15 RNAV (GPS) RWY 2, Orig-B. 5-Mar-15 AK Nome Nome 5/0579 01/13/15 NDB A, Amdt 1. 5-Mar-15 MI Traverse City Cherry Capital 5/0625 01/08/15 ILS OR LOC RWY 28, Amdt 14A. 5-Mar-15 MI Traverse City Cherry Capital 5/0627 01/08/15 RNAV (GPS) RWY 10, Amdt 1. 5-Mar-15 MI Traverse City Cherry Capital 5/0629 01/08/15 RNAV (GPS) RWY 18, Orig. 5-Mar-15 SD Mobridge Mobridge Muni 5/0804 01/08/15 RNAV (GPS) RWY 30, Amdt 1. 5-Mar-15 MO Clinton Clinton Rgnl 5/0805 01/08/15 RNAV (GPS) RWY 4, Amdt 1. 5-Mar-15 MO Clinton Clinton Rgnl 5/0806 01/08/15 NDB RWY 4, Amdt 8. 5-Mar-15 MO Clinton Clinton Rgnl 5/0807 01/08/15 NDB RWY 22, Amdt 9. 5-Mar-15 MO Clinton Clinton Rgnl 5/0808 01/08/15 RNAV (GPS) RWY 22, Amdt 1. 5-Mar-15 OR Portland Portland-Troutdale 5/1391 01/08/15 RNAV (GPS)-A, Orig. 5-Mar-15 WA Pasco Tri-Cities 5/1969 01/12/15 VOR/DME RWY 30, Amdt 5. 5-Mar-15 MO St Joseph Rosecrans Memorial 5/2031 01/12/15 VOR/DME OR TACAN RWY 35, Orig. 5-Mar-15 MO St Joseph Rosecrans Memorial 5/2032 01/12/15 ILS OR LOC RWY 35, Amdt 31A. 5-Mar-15 AR Arkadelphia Dexter B Florence Memorial Field 5/2038 01/12/15 RNAV (GPS) RWY 4, Amdt 1. 5-Mar-15 AR Arkadelphia Dexter B Florence Memorial Field 5/2039 01/12/15 RNAV (GPS) RWY 22, Orig. 5-Mar-15 NE Omaha Eppley Airfield 5/2040 01/12/15 ILS OR LOC RWY 32R, ILS RWY 32R (CAT II & CAT III), Orig-C. 5-Mar-15 AK Akutan Akutan 5/2236 01/12/15 RNAV (GPS)-A, Amdt 1. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2520 01/13/15 RNAV (GPS) RWY 4, Amdt 2. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2521 01/13/15 ILS OR LOC RWY 22, Amdt 8. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2522 01/13/15 RNAV (GPS) RWY 22, Amdt 2. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2523 01/13/15 ILS OR LOC RWY 28, Amdt 31. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2524 01/13/15 RNAV (GPS) RWY 28, Amdt 2. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2525 01/13/15 RNAV (GPS) RWY 10, Amdt 1. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2526 01/13/15 RNAV (GPS) RWY 7, Amdt 1. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2527 01/13/15 RNAV (GPS) RWY 25, Amdt 1. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2528 01/13/15 VOR RWY 4, Amdt 12. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2529 01/13/15 VOR/DME RWY 4, Amdt 4. 5-Mar-15 NY Rochester Greater Rochester Intl 5/2530 01/13/15 ILS OR LOC RWY 4, ILS RWY 4 (SA CAT I), ILS RWY 4 (CAT II), Amdt 21. 5-Mar-15 MD Gaithersburg Montgomery County Airpark 5/2542 01/13/15 RNAV (GPS) RWY 14, Amdt 3A. 5-Mar-15 MD Gaithersburg Montgomery County Airpark 5/2543 01/13/15 RNAV (GPS)-A, Orig. 5-Mar-15 ME Portland Portland Intl Jetport 5/2548 01/13/15 RNAV (GPS) RWY 18, Amdt 1. 5-Mar-15 ME Portland Portland Intl Jetport 5/2549 01/13/15 RNAV (GPS) RWY 36, Amdt 1. 5-Mar-15 NH Manchester Manchester 5/2550 01/13/15 ILS OR LOC/DME RWY 17, Amdt 2. 5-Mar-15 SC Charleston Charleston Executive 5/2553 01/13/15 RNAV (GPS) RWY 27, Amdt 2. 5-Mar-15 GA Atlanta Covington Muni 5/2559 01/13/15 NDB RWY 28, Amdt 3A. 5-Mar-15 GA Atlanta Covington Muni 5/2560 01/13/15 RNAV (GPS) RWY 28, Amdt 1A. 5-Mar-15 GA Atlanta Covington Muni 5/2561 01/13/15 RNAV (GPS) RWY 10, Amdt 1. 5-Mar-15 GA Atlanta Covington Muni 5/2562 01/13/15 VOR/DME RWY 10, Amdt 5A. 5-Mar-15 FL Punta Gorda Punta Gorda 5/2563 01/13/15 VOR RWY 22, Amdt 4B. 5-Mar-15 NY Farmingdale Republic 5/2583 01/13/15 RNAV (GPS) Y RWY 14, Amdt 2B. 5-Mar-15 FL Tampa Tampa Executive 5/2825 01/13/15 RNAV (GPS) RWY 5, Orig-A. 5-Mar-15 FL Tampa Tampa Executive 5/2826 01/13/15 ILS OR LOC RWY 23, Amdt 1B. 5-Mar-15 FL Tampa Tampa Executive 5/2827 01/13/15 RNAV (GPS) RWY 23, Amdt 1B.
[FR Doc. 2015-03932 Filed 2-26-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30999; Amdt. No. 3627] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective February 27, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

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

ADDRESSES:

Availability of matters incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C 553(d), good cause exists for making some SIAPs effective in less than 30 days.

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. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on January 16, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows: Effective 5 March 2015 San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28R, ILS RWY 28R (CAT II), ILS RWY 28R (CAT III), ILS RWY 28R (SA CAT I), Amdt 13 San Francisco, CA, San Francisco Intl, RNAV (GPS) RWY 28L, Amdt 5 San Francisco, CA, San Francisco Intl, RNAV (GPS) Z RWY 28R, Amdt 5 Baltimore, MD, Martin State, Takeoff Minimums and Obstacle DP, Amdt 5 Easton, MD, Easton/Newman Field, Takeoff Minimums and Obstacle DP, Amdt 1 Gaithersburg, MD, Montgomery County Airpark, Takeoff Minimums and Obstacle DP, Amdt 1 Westminster, MD, Carroll County Rgnl/Jack B Poage Field, Takeoff Minimums and Obstacle DP, Amdt 6 Great Falls, MT, Great Falls Intl, RNAV (RNP) Z RWY 21, Orig-C Prineville, OR, Prineville, NDB RWY 10, Amdt 1, CANCELED Ponce, PR, Mercedita, Takeoff Minimums and Obstacle DP, Amdt 4 Ponce, PR, Mercedita, VOR-A, Orig, CANCELED Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY 8L, ILS RWY 8L (CAT II), ILS RWY 8L (CAT III), ILS RWY 8L (SA CAT I), Amdt 4B Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY 8L, Amdt 5B Price, UT, Carbon County Rgnl/Buck Davis Field, ILS OR LOC/DME RWY 1, Amdt 1 Price, UT, Carbon County Rgnl/Buck Davis Field, Takeoff Minimums and Obstacle DP, Amdt 5 Price, UT, Carbon County Rgnl/Buck Davis Field, VOR RWY 36, Amdt 2, CANCELED Price, UT, Carbon County Rgnl/Buck Davis Field, VOR/DME RWY 1, Amdt 1 Effective 2 April 2015 Truckee, CA, Truckee-Tahoe, RNAV (GPS) Z RWY 20, Orig-A RESCINDED: On January 15, 2015 (80 FR 2009), the FAA published an Amendment in Docket No. 30990, Amdt No. 3619, to Part 97 of the Federal Aviation Regulations under section 97.23, 97.27, and 97.29. The following entries for Baton Rouge, LA, effective January 8, 2015 are hereby rescinded in their entirety: Baton Rouge, LA, Baton Rouge Metropolitan, Ryan Field, ILS OR LOC RWY 13, Amdt 27E Baton Rouge, LA, Baton Rouge Metropolitan, Ryan Field, ILS OR LOC RWY 22R, Amdt 11B Baton Rouge, LA, Baton Rouge Metropolitan, Ryan Field, NDB RWY 31, Amdt 2D Baton Rouge, LA, Baton Rouge Metropolitan, Ryan Field, VOR RWY 4L, Amdt 17C Baton Rouge, LA, Baton Rouge Metropolitan, Ryan Field, VOR/DME RWY 22R, Amdt 8H
[FR Doc. 2015-03931 Filed 2-26-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 803 [Docket No. FDA-2008-N-0393] RIN 0910-AF86 Medical Device Reporting: Electronic Submission Requirements; Correcting Amendments AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule; correcting amendments.

SUMMARY:

The Food and Drug Administration (FDA) is amending its regulation regarding postmarket electronic Medical Device Reporting (eMDR) to address the unintentional removal of certain provisions of the Unique Device Identification (UDI) System regulations and to update the contact information listed in the regulations.

DATES:

This rule is effective August 14, 2015.

FOR FURTHER INFORMATION CONTACT:

Sharon Kapsch, Office of Surveillance and Biometrics, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 3208, Silver Spring, MD 20993-0002, 301-796-6104, [email protected]

SUPPLEMENTARY INFORMATION:

In the Federal Register of September 24, 2013 (78 FR 58786), FDA published the “Unique Device Identification System” final rule (UDI rule). The UDI rule, among other things, amended part 803 (21 CFR part 803). These amendments became effective on December 23, 2013.

In the Federal Register of February 14, 2014 (79 FR 8832), FDA published the “Medical Device Reporting: Electronic Submission Requirements” final rule (eMDR rule). The eMDR rule will become effective on August 14, 2015. The eMDR rule, among other things, revises part 803 in its entirety. As published in the Federal Register, the eMDR rule will, upon its effective date, unintentionally remove the amendments made by the UDI rule to part 803 of the Code of Federal Regulations (CFR), Title 21. This document addresses the unintentional removal by amending part 803 to include the UDI requirements.

When the eMDR rule goes into effect, it will require changes to the CFR citations of some provisions within part 803; consequently, some of the citations used by the UDI rule will have to be updated. The following table provides the “Original UDI Citation” (the citation used by the September 24, 2013, UDI rule) and the corresponding “Updated Citation” for provisions addressed in this document.

Table 1—Citations in Part 803; UDI Citation and Corresponding Updated Citation Provision Original UDI citation 1 Updated citation 2 Amendment of 803.3—Definitions of human cell, tissue, or cellular or tissue-based product (HCT/P) regulated as a device and unique device identifier (UDI) Listed alphabetically within 803.3 803.3(aa) and 803.3(bb), respectively. Amendment of section 803.32 803.32(c)(6) 803.32(c)(4). Amendment of section 803.33 803.33(a)(7)(iv) 803.33(b)(7)(iv). Amendment of section 803.42 803.42(c)(6) 803.42(c)(4). Amendment of section 803.52 803.52(c)(6) 803.52(c)(4). 1 The “Original UDI Citation” is the citation within part 803, as amended by the UDI rule, which became effective on December 23, 2013. 2 The “Updated Citation” is the citation within part 803, after the changes made by the eMDR rule go into effect on August 14, 2015, and after those changes are further amended by the correcting amendments in this document.

We are also updating the contact information listed in §§ 803.11 and 803.33 for the Division of International and Consumer Education (DICE) (formerly the Division of Small Manufacturers, International and Consumer Assistance (DSMICA)).

FDA is publishing this document as a final rule under the Administrative Procedures Act (5 U.S.C. 551, et seq.). FDA has determined that good cause exists to dispense with prior notice and public comment under 5 U.S.C. 553(b)(3)(B) and 21 CFR 10.40(e)(1) because the provisions addressed in this document have already undergone notice and public comment. Additionally, the amendments to §§ 803.11 and 803.33, to provide updated contact information, are editorial in nature and are intended to improve the accuracy of the Agency's regulations.

FDA has determined under 21 CFR 25.30(i) that this final rule is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

This final rule refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA). The revised Form FDA 3500A is approved under OMB control number 0910-0291. The collections of information in part 803 have been approved under OMB control number 0910-0437. The collections of information in the UDI rule have been approved under OMB control number 0910-0720.

The information collection provisions in the eMDR rule have been submitted to OMB for review as required by section 3507(d) of the PRA (44 U.S.C. 3507(d)). Before the effective date of the final rule, FDA will publish a notice in the Federal Register announcing OMB's decision to approve, modify, or disapprove the information collection provisions in the final rule. 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.

List of Subjects in 21 CFR Part 803

Imports, Medical devices, Reporting and recordkeeping requirements.

Therefore under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 803 as amended by the Medical Device Reporting: Electronic Submission Requirements final rule of February 14, 2014, 79 FR 8832, is further amended as follows:

PART 803—MEDICAL DEVICE REPORTING 1. The authority citation for 21 CFR part 803 continues to read as follows: Authority:

21 U.S.C. 352, 360, 360i, 360j, 371, 374.

2. Amend § 803.3 by adding paragraphs (aa) and (bb) to read as follows:
§ 803.3 How does FDA define the terms used in this part?

(aa) Human cell, tissue, or cellular or tissue-based product (HCT/P) regulated as a device means an HCT/P as defined in § 1271.3(d) of this chapter that does not meet the criteria in § 1271.10(a) and that is also regulated as a device.

(bb) Unique device identifier (UDI) means an identifier that adequately identifies a device through its distribution and use by meeting the requirements of § 830.20 of this chapter. A unique device identifier is composed of:

(1) A device identifier—a mandatory, fixed portion of a UDI that identifies the specific version or model of a device and the labeler of that device; and

(2) A production identifier—a conditional, variable portion of a UDI that identifies one or more of the following when included on the label of the device:

(i) The lot or batch within which a device was manufactured;

(ii) The serial number of a specific device;

(iii) The expiration date of a specific device;

(iv) The date a specific device was manufactured.

(v) For an HCT/P regulated as a device, the distinct identification code required by § 1271.290(c) of this chapter.

3. Amend § 803.11 by revising paragraph (d) to read as follows:
§ 803.11 What form should I use to submit reports of individual adverse events and where do I obtain these forms?

(d) Form FDA 3500A is available on the Internet at http://www.fda.gov/medwatch/getforms.htm or from Division of International and Consumer Education, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4621, Silver Spring, MD 20993-0002, by email: [email protected], FAX: 301-847-8149, or telephone: 800-638-2041.

4. Amend § 803.32 by revising paragraph (c)(4) to read as follows:
§ 803.32 If I am a user facility, what information must I submit in my individual adverse event reports?

(c) * * *

(4) Model number, catalog number, serial number, lot number, or other identifying number; expiration date; and unique device identifier (UDI) that appears on the device label or on the device package;

5. Amend § 803.33 by revising paragraphs (a)(2) and (b)(7)(iv) to read as follows:
§ 803.33 If I am a user facility, what must I include when I submit an annual report?

(a) * * *

(2) Division of International and Consumer Education, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4621, Silver Spring, MD 20993-0002, by email: [email protected], FAX: 301-847-8149, or telephone: 800-638-2041.

(b) * * *

(7) * * *

(iv) Product model, catalog, serial, and lot number and unique device identifier (UDI) that appears on the device label or on the device package;

6. Amend § 803.42 by revising paragraph (c)(4) to read as follows:
§ 803.42 If I am an importer, what information must I submit in my individual adverse event reports?

(c) * * *

(4) Model number, catalog number, serial number, lot number, or other identifying number; expiration date; and unique device identifier (UDI) that appears on the device label or on the device package;

7. Amend § 803.52 by revising paragraph (c)(4) to read as follows:
§ 803.52 If I am a manufacturer, what information must I submit in my individual adverse event reports?

(c) * * *

(4) Model number, catalog number, serial number, lot number, or other identifying number; expiration date; and unique device identifier (UDI) that appears on the device label or on the device package;

Dated: February 20, 2015. Leslie Kux, Associate Commissioner for Policy.
[FR Doc. 2015-03943 Filed 2-26-15; 8:45 am] BILLING CODE 4164-01-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9712] RIN 1545-BL78 Alternative Simplified Credit Election AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final regulations and removal of temporary regulations.

SUMMARY:

This document contains final regulations relating to the election of the alternative simplified credit under section 41(c)(5) of the Internal Revenue Code (Code). The final regulations affect certain taxpayers claiming the credit under section 41.

DATES:

Effective Date: These regulations are effective on February 27, 2015.

Applicability Date: For dates of applicability, see § 1.41-9(d).

FOR FURTHER INFORMATION CONTACT:

David Selig (202) 317-4137 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Background

This document amends 26 CFR part 1 to provide rules relating to the time and manner of electing the alternative simplified credit (ASC) under section 41(c)(5) of the Internal Revenue Code (Code).

Section 41(a) provides an incremental tax credit for increasing research activities (research credit) based on a percentage of a taxpayer's qualified research expenses above a base amount. A taxpayer can apply the rules and credit rate percentages under section 41(a)(1) to calculate the credit (commonly referred to as the regular credit) or a taxpayer can make an election to apply the ASC rules and credit rate percentages under section 41(c)(5) to calculate the credit. Section 41(c)(5)(C) provides that an ASC election under section 41(c)(5) applies to the taxable year for which it is made and all succeeding taxable years unless revoked with the consent of the Secretary.

On June 10, 2011, the Treasury Department and the IRS published final regulations (TD 9528) (2011 Final Regulations) in the Federal Register (76 FR 33994) relating to the election and calculation of the ASC. Section 1.41-9(b)(2) provides that a taxpayer makes an election under section 41(c)(5) by completing the portion of Form 6765, “Credit for Increasing Research Activities,” (or successor form) relating to the ASC election, and attaching the completed form to the taxpayer's timely filed (including extensions) original return for the taxable year to which the election applies. Section 1.41-9(b)(2) also provides that a taxpayer may not make an election under section 41(c)(5) on an amended return and that an extension of time to make an election under section 41(c)(5) will not be granted under § 301.9100-3.

Following the publication of the 2011 Final Regulations, the Treasury Department and the IRS received requests to amend the regulations to allow taxpayers to make an ASC election on an amended return. The requests explained that the burden of substantiating expenditures and costs for the base period under the regular credit can be costly, time-consuming, and difficult, and suggested that taxpayers often need additional time to determine whether to claim the regular credit or the ASC.

On June 3, 2014, the Treasury Department and the IRS published a notice of proposed rulemaking by cross-reference to temporary regulations (REG-133495-13) in the Federal Register (79 FR 31892), and final and temporary regulations (TD 9666) (the Temporary Regulations) in the Federal Register (79 FR 31863). The final regulations removed the rule in § 1.41-9(b)(2) that prohibited a taxpayer from making an ASC election for a tax year on an amended return. In its place, the Temporary Regulations provided a rule allowing a taxpayer to make an ASC election for a tax year on an amended return if the taxpayer had not previously claimed a section 41 credit for that tax year on an original or amended return. In addition, the Temporary Regulations provided that a taxpayer that is a member of a controlled group in a tax year may not make an election under section 41(c)(5) for that tax year on an amended return if any member of the controlled group for that year claimed the research credit using a method other than the ASC on an original or amended return.

Written and electronic comments responding to the proposed regulations were received. No requests for a public hearing were made and no public hearing was held. After consideration of all the comments, the proposed regulations are adopted as revised by this Treasury decision.

Summary of Comments and Explanation of Provisions Interaction With Section 280C Elections

A commenter requested clarification regarding whether a section 280C(c)(3) election made for a taxable year on line 17 of Form 6765, Credit For Increasing Research Activities, where no amount of regular credit is claimed, will be viewed by the IRS as a claim of the section 41(a)(1) credit and preclude an ASC election from being made on an amended return for that taxable year. Section 280(c)(3) allows a taxpayer to make an annual irrevocable election to claim a reduced research credit rather than reducing the section 174 deduction, as required by section 280(c)(1). A section 280C(c)(3) election must be made on an original return. If a taxpayer is undecided whether to claim the regular credit for a taxable year but wants to preserve the operative effect of the section 280C(c)(3) election for that taxable year, then the taxpayer will make the section 280C(c)(3) election on line 17 of Form 6765, but leave the remaining section of the form blank. A section 280C(c)(3) election on line 17 of Form 6765 made in a taxable year does not, in and of itself, constitute a credit claim under section 41(a)(1), and accordingly does not preclude a taxpayer from making an ASC election on an amended return for that taxable year.

Section 9100 Relief

One commenter requested that the final regulations allow an extension of time to make an election under section 41(c)(5) under § 301.9100-3. Under § 301.9100-3(c), the Commissioner will grant a reasonable extension of time to make a regulatory election only when the interests of the Government will not be prejudiced by the granting of relief. Under § 301.9100-3(c)(1)(ii), the interests of the Government are ordinarily prejudiced if the taxable year in which the regulatory election should have been made or any taxable years that would have been affected by the election had it been timely made are closed by the period of limitations on assessment under section 6501(a) before the taxpayer's receipt of a ruling granting relief under this section. Because the final regulations allow a taxpayer to amend its return to make the ASC election in a taxable year that is not closed by the period of limitations for assessment under section 6501(a) if no credit under section 41(a)(1) was claimed in the prior taxable year on an original or amended return, an extension of time under § 301.9100-3 to make the ASC election is not necessary during this period. An extension of time to make an ASC election in a taxable year closed by the period of limitations on assessment under section 6501(a) ordinarily prejudices the interests of the government. See section 301.9100-3(c)(1)(ii). Accordingly, the final regulations retain the rule that an extension of time to make an election under section 41(c)(5) will not be granted under § 301.9100-3.

Period for Making an ASC Election

One commenter requested that the final regulations provide that a taxpayer may make an ASC election for an earlier, closed tax year on a later year's return in which a research credit from that closed year is reported on a carryforward schedule, or actually used as a credit against tax, so long as no intervening amended return claiming a research credit for that tax year using a different method has been claimed. The Temporary Regulations only permitted a taxpayer to elect the ASC on an amended return for taxable years ending before June 3, 2014, (the effective/applicability date of those regulations) if the taxpayer makes the election before the period of limitations for assessment of tax has expired for that year. The rule in the Temporary Regulations provided a reasonable time period for taxpayers to determine whether or not to make an ASC election with respect to a prior, open tax year. To permit a taxpayer to make an ASC election for a tax year in which the period of limitations for assessment of tax has expired has the practical effect of permitting the taxpayer to make an ASC election on a return that cannot be amended. Therefore, these final regulations do not adopt this suggested modification.

One commenter requested that these final regulations provide that an ASC election can be made on an amended return for a tax year so long as the period for making a refund claim under section 6511 has not expired for that tax year, even in cases where the statute of limitations on assessment under section 6501 is closed. These final regulations retain the rule of the Temporary Regulations that a taxpayer must make an ASC election on an amended return before the statute of limitations on assessment under section 6501(a) is closed. The general period under the statute of limitations on assessment under section 6501(a), which is three years after the tax return is filed, provides a reasonable time for taxpayers to file an ASC election on an amended return, and a reasonable time for the IRS to examine the amended return. This rule also preserves the integrity the of the rule in the final regulations providing that an extension of time to make an election under section 41(c)(5) will not be granted under § 301.9100-3. Under § 301.9100-3, the interests of the government are ordinarily prejudiced if the taxable year in which a regulatory election should have been made or any taxable years that would have been affected by the election had it been timely made are closed by the period of limitations on assessment under section 6501(a) before the taxpayer's receipt of a ruling granting relief under § 301.9100. This requirement is mitigated by the fact that the period of limitations on assessment may be extended by agreement of the IRS and the taxpayer. For clarity, the language found in the effective date of the Temporary Regulations referencing the period of limitations for assessment of tax is added to the text of the final regulations under § 1.41-9(b)(2) relating to the time and manner of making the ASC election.

Controlled Group ASC Elections

One commenter requested that the final regulations modify the rules for controlled group ASC elections under § 1.41-9(b)(4), under which only the designated member of a controlled group may make or revoke an ASC election. Revising those rules is beyond the scope of these regulations. Therefore, the final regulations do not amend § 1.41-9(b)(4).

Modification of the Election Rule

One commenter requested that these final regulations amend the rule in the Temporary Regulations that allows a taxpayer to make an ASC election for a tax year on an amended return only if the taxpayer has not previously claimed the section 41 credit on its original return or an amended return for that tax year to clarify that the previously claimed section 41 credit is determined under section 41(a)(1), and not under sections 41(a)(2) or (3). The commenter stated that the ASC is an alternative method to the regular credit under section 41(a)(1), and whether a taxpayer elects the ASC or claims the regular credit does not impact the determination of the credits allowable under sections 41(a)(2) and 41(a)(3). This approach is consistent with the language of section 41(c)(5)(A) and § 1.41-9(a), which specifically reference section 41(a)(1). Accordingly, the final regulations provide that a taxpayer may make an ASC election for a tax year on an amended return only if the taxpayer has not previously claimed the section 41(a)(1) credit on its original return or an amended return for that tax year.

Effect on Other Documents

The Temporary Regulations are obsolete for taxable years beginning on or after February 27, 2015.

Special Analyses

It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13563. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. It is hereby certified that the collection of information in these regulations will not have a significant economic impact on a substantial number of small entities. Although a substantial number of small entities may make an ASC election on an amended return pursuant to these regulations, the economic impact of any collection burden on these entities relating to this election is minimal because the regulations will result in a benefit to taxpayers by providing additional time for taxpayer to calculate and elect the ASC. Accordingly, a regulatory flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

Drafting Information

The principal author of these regulations is David Selig, Office of the Associate Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and the Treasury Department participated in their development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

Accordingly, 26 CFR part 1 is amended as follows:

PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority:

26 U.S.C. 7805 * * *

Section 1.41-9 also issued under 26 U.S.C. 41(c)(5)(C). * * *

Par. 2. Section 1.41-9 is amended by: 1. Revising paragraph (b)(2). 2. Adding a third and fourth sentence to paragraph (d).

The revision and addition read as follows:

§ 1.41-9 Alternative simplified credit.

(b) * * *

(2) Time and manner of election. A taxpayer makes an election under section 41(c)(5) by completing the portion of Form 6765, “Credit for Increasing Research Activities,” (or successor form) relating to the election of the ASC, and attaching the completed form to the taxpayer's timely filed (including extensions) original return for the taxable year to which the election applies. A taxpayer may make an election under section 41(c)(5) for a tax year on an amended return, but only if the taxpayer has not previously claimed a section 41(a)(1) credit on its original return or an amended return for that tax year, and only if that tax year is not closed by the period of limitations on assessment under section 6501(a). An extension of time to make an election under section 41(c)(5) will not be granted under § 301.9100-3 of this chapter. A taxpayer that is a member of a controlled group in a tax year may not make an election under section 41(c)(5) for that tax year on an amended return if any member of the controlled group for that tax year previously claimed the research credit under section 41(a)(1) using a method other than the ASC on an original or amended return for that tax year. See paragraph (b)(4) of this section for additional rules concerning controlled groups. See also § 1.41-6(b)(1) requiring that all members of the controlled group use the same method of computation.

(d) Effective/applicability date. * * * Paragraph (b)(2) of this section applies to elections with respect to taxable years ending on or after February 27, 2015. For taxable years ending before February 27, 2015, see § 1.41-9T as contained in 26 CFR part 1, revised April 1, 2015.

§ 1.41-9T [Removed]
Par. 3. Section 1.41-9T is removed.
John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: February 3, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2015-04111 Filed 2-26-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2014-1070] RIN 1625-AA09 Drawbridge Operation Regulation; Passaic River, Rutherford, NJ AGENCY:

Coast Guard, DHS.

ACTION:

Final rule.

SUMMARY:

The Coast Guard is removing the existing drawbridge operation regulation for the drawbridge across the Passaic River, mile 11.8, at Rutherford, New Jersey. The drawbridge was converted to a fixed bridge in October 2010, and the operating regulation is no longer applicable or necessary.

DATES:

This rule is effective February 27, 2015.

ADDRESSES:

The docket for this final rule, [USCG-2014-1070] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this final rule. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard District Bridge Program, telephone 212-514-4336, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: A. Regulatory History and Information

The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Route 3 Bridge, that once required draw operations in 33 CFR 117.739(n), was converted to a fixed bridge in October 2010. Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. The bridge has been a fixed bridge for 4 years and this rule merely requires an administrative change to the Federal Register, in order to omit a regulatory requirement that is no longer applicable or necessary.

B. Basis and Purpose

The Route 3 Bridge across the Passaic River, mile 11.8, was converted to a fixed bridge in 2010. It has come to the attention of the Coast Guard that the governing regulation for this drawbridge was never removed subsequent to the conversion to a fixed bridge. The conversion of this drawbridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.739(n), pertaining to the former drawbridge.

The purpose of this rule is to remove paragraph 33 CFR 117.739(n), that refers to the Route 3 Bridge at mile 11.8, from the Code of Federal Regulations since it governs a bridge that is no longer able to be opened.

C. Discussion of Rule

The Coast Guard is changing the regulation in 33 CFR 117.739 by removing restrictions and the regulatory burden related to the draw operations for this bridge that is no longer a drawbridge. The change removes paragraph 117.739(n) of the regulation which governs the Route 3 Bridge and redesignates (o) through (t) as (n) through (s). This Final Rule seeks to update the Code of Federal Regulations by removing language that governs the operation of the Route 3 Bridge, which in fact no longer is a drawbridge. This change does not affect waterway or land traffic. This change does not affect nor does it alter the operating schedules in 33 CFR 117.739 that govern the remaining active drawbridges on the Passaic River except to redesignate these bridges.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

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

The Coast Guard does not consider this rule to be “significant” under that Order because it is an administrative change and does not affect the way vessels operate on the waterway.

2. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

This rule will have no effect on small entities since this drawbridge has been converted to a fixed bridge and the regulation governing draw operations for this bridge is no longer applicable. There is no new restriction or regulation being imposed by this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities.

3. Collection of Information

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

4. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.

5. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the “For Further Information Contact” section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

6. Unfunded Mandates Reform Act

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

7. Taking of Private Property

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

8. Civil Justice Reform

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

9. Protection of Children

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

10. Indian Tribal Governments

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

11. Energy Effects

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

12. Technical Standards

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

13. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the removal of a drawbridge operation regulation that is no longer necessary. This rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction.

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

List of Subjects in 33 CFR Part 117 Bridges.

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

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

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

§ 117.739 [Amended]
2. In § 117.739, remove paragraph (n) and redesignate paragraphs (o) through (t) as paragraphs (n) through (s).
Dated: January 29, 2015. L.L. Fagan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-04152 Filed 2-26-15; 8:45 am] BILLING CODE 9110-04-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2011-0888; EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; FRL-9923-48-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS AGENCY:

Environmental Protection Agency.

ACTION:

Direct final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is approving elements of state implementation plan (SIP) submissions from Ohio regarding the Prevention of Significant Deterioration (PSD) infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

DATES:

This direct final rule will be effective April 28, 2015, unless EPA receives adverse comments by March 30, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R05-OAR-2011-0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements) by one of the following methods:

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

2. Email: [email protected]

3. Fax: (312) 408-2279.

4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

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

Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements). EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Sarah Arra, Environmental Scientist, at (312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT:

Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]

SUPPLEMENTARY INFORMATION:

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

I. What is the background of these SIP submissions? II. What is EPA's review of these SIP submissions? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background of these SIP submissions?

This rulemaking addresses submissions from the Ohio Environmental Protection Agency (Ohio EPA). The state submitted its infrastructure SIP for each NAAQS on the following dates: 2008 Pb—October 12, 2011, and supplemented on June 7, 2013; 2008 ozone—December 27, 2012, and supplemented on June 7, 2013; 2010 NO2—February 8, 2013, and supplemented on February 25, 2013, and June 7, 2013; and, 2010 SO2—June 7, 2013.

The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

This specific rule making is only taking action on the PSD elements of these submittals. The majority of the other infrastructure elements were addressed in proposed rulemaking published July 25, 2014 (79 FR 43338). Final action was taken on those elements on October 6, 2014, for 2008 Pb and 2010 NO2 (79 FR 60075),1 and on October 16, 2014, for 2008 ozone (79 FR 62019).2 The infrastructure elements for PSD are found in CAA 110(a)(2)(C), 110(a)(2)(D), and 110(a)(2)(J) and will be discussed in detail below. For further discussion on the background of infrastructure submittals, see 79 FR 43338.

1 Specifically, sections 110(a)(2)(A) through (H), and (J) through (M) for the 2008 lead and 2010 NO2 NAAQS except the prevention of significant deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of (J).

2 Specifically, sections 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS except the prevention of significant deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of (J) and the interstate transport portion of 110(a)(2)(D)(i).

II. What is EPA's review of these SIP submissions? A. Section 110(a)(2)(C)—Program for Enforcement of Control Measures; PSD

States are required to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet new source review (NSR) requirements under PSD and nonattainment new source review (NNSR) programs. Part C of the CAA (sections 160-169B) addresses PSD, while part D of the CAA (sections 171-193) addresses NNSR requirements.

The evaluation of each state's submission addressing the infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) Enforcement of SIP measures; (ii) PSD provisions that explicitly identify oxides of nitrogen (NOX) as a precursor to ozone in the PSD program; (iii) identification of precursors to fine particulates (PM2.5) and the identification of PM2.5 and PM103 condensables in the PSD program; (iv) PM2.5 increments in the PSD program; and, (v) GHG permitting and the “Tailoring Rule.” 4

3 PM10 refers to particles with diameters between 2.5 and 10 microns, oftentimes referred to as “coarse” particles.

4 In EPA's April 28, 2011, proposed rulemaking for infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS, we stated that each state's PSD program must meet applicable requirements for evaluation of all regulated NSR pollutants in PSD permits (see 76 FR 23757 at 23760). This view was reiterated in EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In other words, if a state lacks provisions needed to adequately address NOX as a precursor to ozone, PM2.5 precursors, PM2.5 and PM10 condensables, PM2.5 increments, or the Federal GHG permitting thresholds, the provisions of section 110(a)(2)(C) requiring a suitable PSD permitting program must be considered not to be met irrespective of the NAAQS that triggered the requirement to submit an infrastructure SIP, including the 2010 NO2 NAAQS.

Sub-element 1: Enforcement of SIP Measures

This element was proposed for the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS in the July 25, 2014, rulemaking (79 FR 43338) and was finalized for the 2008 lead and 2010 NO2 NAAQS in the October 6, 2014, rulemaking (79 FR 60075) and for the 2008 ozone NAAQS in the October 16, 2014, rulemaking (79 FR 62019). This element will be finalized for the 2010 SO2 NAAQS in a separate rulemaking.

Sub-element 2: PSD Provisions That Explicitly Identify NOX as a Precursor to Ozone in the PSD Program

EPA's “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline” (Phase 2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among other requirements, the Phase 2 Rule obligated states to revise their PSD programs to explicitly identify NOX as a precursor to ozone (70 FR 71612 at 71679, 71699-71700). This requirement was codified in 40 CFR 51.166.5

5 Similar changes were codified in 40 CFR 52.21.

The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including the specification of NOX as a precursor to ozone provisions, by June 15, 2007 (70 FR 71612 at 71683).

EPA approved revisions to Ohio's PSD SIP reflecting these requirements on October 28, 2014 (79 FR 64119), and therefore, Ohio has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

Sub-element 3: Identification of Precursors to PM2.5 and the Identification of PM2.5 and PM10 Condensables in the PSD Program

On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the “Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)” (2008 NSR Rule). The 2008 NSR Rule finalized several new requirements for SIPs to address sources that emit direct PM2.5 and other pollutants that contribute to secondary PM2.5 formation. One of these requirements is for NSR permits to address pollutants responsible for the secondary formation of PM2.5, otherwise known as precursors. In the 2008 rule, EPA identified precursors to PM2.5 for the PSD program to be sulfur dioxide (SO2) and NOX (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that area's ambient PM2.5 concentrations). The 2008 NSR Rule also specifies that VOCs are not considered to be precursors to PM2.5 in the PSD program unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of VOCs in an area are significant contributors to that area's ambient PM2.5 concentrations.

The explicit references to SO2, NOX, and VOCs as they pertain to secondary PM2.5 formation are codified at 40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of identifying pollutants that are precursors to PM2.5, the 2008 NSR Rule also required states to revise the definition of “significant” as it relates to a net emissions increase or the potential of a source to emit pollutants. Specifically, 40 CFR 51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define “significant” for PM2.5 to mean the following emissions rates: 10 tpy of direct PM2.5; 40 tpy of SO2; and 40 tpy of NOX (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that area's ambient PM2.5 concentrations). The deadline for states to submit SIP revisions to their PSD programs incorporating these changes was May 16, 2011 (see 73 FR 28321 at 28341).6

6 EPA notes that on January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit, in Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008 NSR Rule in accordance with the CAA's requirements for PM10 nonattainment areas (Title I, Part D, subpart 4), and not the general requirements for nonattainment areas under subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250). As the subpart 4 provisions apply only to nonattainment areas, EPA does not consider the portions of the 2008 rule that address requirements for PM2.5 attainment and unclassifiable areas to be affected by the court's opinion. Moreover, EPA does not anticipate the need to revise any PSD requirements promulgated by the 2008 NSR rule in order to comply with the court's decision. Accordingly, EPA's approval of Ohio's infrastructure SIP as to elements (C), (D)(i)(II), or (J) with respect to the PSD requirements promulgated by the 2008 implementation rule does not conflict with the court's opinion.

The Court's decision with respect to the nonattainment NSR requirements promulgated by the 2008 implementation rule also does not affect EPA's action on the present infrastructure action. EPA interprets the CAA to exclude nonattainment area requirements, including requirements associated with a nonattainment NSR program, from infrastructure SIP submissions due three years after adoption or revision of a NAAQS. Instead, these elements are typically referred to as nonattainment SIP or attainment plan elements, which would be due by the dates statutorily prescribed under subpart 2 through 5 under part D, extending as far as 10 years following designations for some elements.

The 2008 NSR Rule did not require states to immediately account for gases that could condense to form particulate matter, known as condensables, in PM2.5 and PM10 emission limits in NSR permits. Instead, EPA determined that states had to account for PM2.5 and PM10 condensables for applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits beginning on or after January 1, 2011. This requirement is codified in 40 CFR 51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' PSD programs incorporating the inclusion of condensables were required be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341).

EPA approved revisions to Ohio's PSD SIP reflecting these requirements on October 28, 2014 (79 FR 64119), and therefore Ohio has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2008 lead, 2008 ozone, 2010 NO2, and 210 SO2 NAAQS.

Sub-element 4: PM2.5 Increments in the PSD Program

On October 20, 2010, EPA issued the final rule on the “Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)” (2010 NSR Rule). This rule established several components for making PSD permitting determinations for PM2.5, including a system of “increments” which is the mechanism used to estimate significant deterioration of ambient air quality for a pollutant. These increments are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included in the table below.

Table 1—PM2.5 Increments Established by the 2010 NSR Rule in Micrograms per Cubic Meter Annual arithmetic mean 24-hour max Class I 1 2 Class II 4 9 Class III 8 18

The 2010 NSR Rule also established a new “major source baseline date” for PM2.5 as October 20, 2010, and a new trigger date for PM2.5 as October 20, 2011. These revisions are codified in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR 52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule revised the definition of “baseline area” to include a level of significance of 0.3 micrograms per cubic meter, annual average, for PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i) and 40 CFR 52.21(b)(15)(i).

On October 28, 2014 (79 FR 64119), EPA finalized approval of the applicable infrastructure SIP PSD revisions for Ohio, therefore Ohio has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

Sub-element 5: GHG Permitting and the “Tailoring Rule”

With respect to Elements C, and J, EPA interprets the CAA to require each state to make an infrastructure SIP submission for a new or revised NAAQS that demonstrates that the air agency has a complete PSD permitting program meeting the current requirements for all regulated NSR pollutants. The requirements of Element D(i)(II) may also be satisfied by demonstrating the air agency has a complete PSD permitting program correctly addressing all regulated NSR pollutants. Ohio has shown that it currently has a PSD program in place that covers all regulated NSR pollutants, including greenhouse gases (GHGs).

On June 23, 2014, the United States Supreme Court issued a decision addressing the application of PSD permitting requirements to GHG emissions. Utility Air Regulatory Group v. Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD permit. The Court also found that EPA could continue to require that PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain limitations on GHG emissions based on the application of Best Available Control Technology (BACT).

In order to act consistently with its understanding of the Court's decision pending further judicial action to effectuate the decision, EPA is no longer applying EPA regulations that would require that SIPs include permitting requirements that the Supreme Court found impermissible. Specifically, EPA is not applying the requirement that a state's SIP-approved PSD program require that sources obtain PSD permits when GHGs are the only pollutant: (i) That the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a modification (see 40 CFR 51.166(b)(48)(v)).

EPA anticipates a need to revise Federal PSD rules in light of the Supreme Court opinion. In addition, EPA anticipates that many states will revise their existing SIP-approved PSD programs in light of the Supreme Court's decision. The timing and content of subsequent EPA actions with respect to EPA regulations and state PSD program approvals are expected to be informed by additional legal process before the United States Court of Appeals for the District of Columbia Circuit. At this juncture, EPA is not expecting states to have revised their PSD programs for purposes of infrastructure SIP submissions and is only evaluating such submissions to assure that the state's program correctly addresses GHGs consistent with the Supreme Court's decision.

At present, Ohio's SIP is sufficient to satisfy Elements C, D(i)(II), and J with respect to GHGs because the PSD permitting program previously approved by EPA into the SIP continues to require that PSD permits (otherwise required based on emissions of pollutants other than GHGs) contain limitations on GHG emissions based on the application of BACT. Although the approved Ohio PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy Elements C, (D)(i)(II), and J. The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously-approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision.

For the purposes of the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS infrastructure SIPs, EPA reiterates that NSR reform regulations are not within the scope of these actions. Therefore, we are not taking action on existing NSR reform regulations for Ohio. EPA approved Ohio's minor NSR program on January 22, 2003 (68 FR 2909), and since that date, OEPA and EPA have relied on the existing minor NSR program to ensure that new and modified sources not captured by the major NSR permitting programs do not interfere with attainment and maintenance of the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

Certain sub-elements in this section overlap with elements of section 110(a)(2)(D)(i) and section 110(a)(2)(J). These links will be discussed in the appropriate areas below.

B. Section 110(a)(2)(D)—Interstate Transport

Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another state.

EPA notes that Ohio's satisfaction of the applicable infrastructure SIP PSD requirements for the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS has been detailed in the section addressing section 110(a)(2)(C). EPA notes that the actions in that section related to PSD are consistent with the actions related to PSD for section 110(a)(2)(D)(i)(II), and they are reiterated below.

EPA has previously approved revisions to Ohio's SIP that meet certain requirements obligated by the Phase 2 Rule and the 2008 NSR Rule. These revisions included provisions that: (1) Explicitly identify NOX as a precursor to ozone, (2) explicitly identify SO2 and NOX as precursors to PM2.5, and (3) regulate condensable PM2.5 and PM10 in applicability determinations and establishing emissions limits. EPA has also previously approved revisions to Ohio's SIP that incorporate the PM2.5 increments and the associated implementation regulations including the major source baseline date, trigger date, and level of significance for PM2.5 per the 2010 NSR Rule. Ohio's SIP contains provisions that adequately address the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

C. Section 110(a)(2)(J)—Consultation With Government Officials; Public Notifications; PSD; Visibility Protection Sub-element 3: PSD

States must meet applicable requirements of section 110(a)(2)(C) related to PSD. Ohio's PSD program in the context of infrastructure SIPs has already been discussed in the paragraphs addressing section 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA notes that the actions for those sections are consistent with the actions for this portion of section 110(a)(2)(J).

Therefore, Ohio has met all of the infrastructure SIP requirements for PSD associated with section 110(a)(2)(D)(J) for the 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

III. What action is EPA taking?

EPA is approving the PSD related infrastructure requirements for Ohio's 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS submittals under sections 110(a)(1) and (2) of the CAA. EPA's actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) are contained in the table below.

Element 2008
  • Lead
  • 2008
  • Ozone
  • 2010
  • NO2
  • 2010
  • SO2
  • (A): Emission limits and other control measures a a a p (B): Ambient air quality monitoring and data system a a a p (C)1: Enforcement of SIP measures a a a p (C)2: PSD A A A A (D)1: Contribute to nonattainment/interfere with maintenance of NAAQS a NA a NA (D)2: PSD A A A A (D)3: Visibility Protection a NA NA NA (D)4: Interstate Pollution Abatement a a a p (D)5: International Pollution Abatement a a a p (E): Adequate resources a a a p (E): State boards a a a p (F): Stationary source monitoring system a a a p (G): Emergency power a a a p (H): Future SIP revisions a a a p (I): Nonattainment area plan or plan revisions under part D + + + + (J)1: Consultation with government officials a a a p (J)2: Public notification a a a p (J)3: PSD A A A A (J)4: Visibility protection + + + + (K): Air quality modeling and data a a a p (L): Permitting fees a a a p (M): Consultation and participation by affected local entities a a a p

    In the above table, the key is as follows:

    A Approved in today's action. a Approved in a previous rulemaking. p Proposed in a previous rulemaking. NA No Action/Separate Rulemaking. + Not germane to infrastructure SIPs.

    We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective April 28, 2015 without further notice unless we receive relevant adverse written comments by March 30, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective April 28, 2015.

    IV. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: February 17, 2015. Susan Hedman, Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    2. Section 52.1891 is amended by revising paragraphs (e) through (g) and adding paragraph (h) to read as follows:
    § 52.1891 Section 110(a)(2) infrastructure requirements.

    (e) Approval—In a October 12, 2011, submittal, supplemented on June 7, 2013, Ohio certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 Lead NAAQS.

    (f) Approval—In a February 8, 2013, submittal, supplemented on February 25, 2013, and June 7, 2013, Ohio certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 NO2 NAAQS. We are not finalizing action on the visibility protection requirements of (D)(i)(II).

    (g) Approval—In a December 27, 2012, submittal, supplemented on June 7, 2013, Ohio certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 Ozone NAAQS. We are not finalizing action on section 110(a)(2)(D)(i)(I)—Interstate transport prongs 1 and 2 or visibility portions of section 110(a)(2)(D)(i)(II) and 110(a)(2)(J).

    (h) Approval—In a June 7, 2013, submittal, Ohio certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 SO2 NAAQS. We are only taking action on the PSD portions 110(a)(2)(C), (D)(i), and (J).

    [FR Doc. 2015-04011 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60, 61, and 63 [EPA-R07-OAR-2015-0016; FRL-9923-69-Region-7] Delegation of Authority to the States of Iowa; Kansas; Missouri; Nebraska; Lincoln-Lancaster County, NE; and City of Omaha, NE., for New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP) Including Maximum Achievable Control Technology (MACT) Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Delegation of authority.

    SUMMARY:

    The States of Iowa, Kansas, Missouri, and Nebraska and the local agencies of Lincoln-Lancaster County, Nebraska, and the city of Omaha, Nebraska, have submitted updated regulations for delegation of EPA authority for implementation and enforcement of NSPS, NESHAP, and MACT standards. The submissions cover new EPA standards and, in some instances, revisions to standards previously delegated. EPA's review of the pertinent regulations shows that they contain adequate and effective procedures for the implementation and enforcement of these Federal standards. This action informs the public of delegations to the above-mentioned agencies.

    DATES:

    This document is effective on February 27, 2015. The dates of delegation can be found in the SUPPLEMENTARY INFORMATION section of this document.

    ADDRESSES:

    Copies of documents relative to this action are available for public inspection during normal business hours at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Road, Lenexa, Kansas 66219. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance.

    Effective immediately, all notifications, applications, reports, and other correspondence required pursuant to the newly delegated standards and revisions identified in this document must be submitted with respect to sources located in the jurisdictions identified in this document, to the following addresses:

    Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324.

    Kansas Department of Health and the Environment, Bureau of Air, 1000 SW Jackson Street, Suite 310, Topeka, Kansas 66612-1367.

    Missouri Department of Natural Resources, Air Pollution Control Program, PO Box 176, Jefferson City, Missouri 65102-0176.

    Nebraska Department of Environmental Quality, Air Quality Division, 1200 “N” Street, Suite 400, P.O. Box 98922, Lincoln, Nebraska 68509.

    Lincoln-Lancaster County Health Department, Division of Environmental Public Health, Air Quality Section, 3140 “N” Street, Lincoln, Nebraska 68510.

    City of Omaha, Public Works Department, Air Quality Control Division, 5600 South 10th Street, Omaha, Nebraska 68107.

    Duplicates of required documents must also continue to be submitted to the EPA Regional Office at the above address.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Paula Higbee at (913) 551-7028, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The supplementary information is organized in the following order:

    I. What does this action do? II. What is the authority for delegation? III. What does delegation accomplish? IV. What has been delegated? V. What has not been delegated? List of Delegation Tables Table I—NSPS, 40 CFR part 60 Table II—NESHAP, 40 CFR part 61 Table III—NESHAP, 40 CFR part 63 I. What does this action do?

    EPA is providing notice of an update to its delegable authority for implementation and enforcement of the Federal standards shown in the tables below to the states of Iowa, Kansas, Missouri, and Nebraska. This action updates the delegation tables previously published at 78 FR 71510 (November 29, 2013). EPA has established procedures by which these agencies are automatically delegated the authority to implement the standards when they adopt regulations which are identical to the Federal standards. We then periodically provide notice of the new and revised standards for which delegation has been given. This document does not affect or alter the status of the listed standards under state or Federal law.

    II. What is the authority for delegation?

    1. Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to delegate authority to any state agency which submits adequate regulatory procedures for implementation and enforcement of the NSPS program. The NSPS are codified at 40 CFR part 60.

    2. Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes EPA to delegate authority to any state or local agency which submits adequate regulatory procedures for implementation and enforcement of emission standards for hazardous air pollutants. The hazardous air pollutant standards are codified at 40 CFR parts 61 and 63, respectively.

    III. What does delegation accomplish?

    Delegation confers primary responsibility for implementation and enforcement of the listed standards to the respective state and local air agencies. However, EPA also retains the concurrent authority to enforce the standards.

    IV. What has been delegated?

    Tables I, II, and III below list the delegated standards. Each item listed in the Subpart column has two relevant dates listed in each column for each state. The first date in each block is the reference date to the CFR contained in the state rule. In general, the state or local agency has adopted the applicable standard through the date as noted in the table. The second date is the most recent effective date of the state agency rule for which the EPA has granted the delegation. This document specifically addresses revisions to the columns for Iowa, Kansas, Missouri, and Nebraska and the local agencies of Lincoln-Lancaster County, Nebraska, and the city of Omaha, Nebraska. If there are no dates listed in the delegation table, the state has not accepted delegation of the standard and implementation of those standards reside with EPA.

    V. What has not been delegated?

    1. The EPA regulations effective after the first date specified in each block have not been delegated, and authority for implementation of these regulations is retained solely by EPA.

    2. In some cases, the standards themselves specify that specific provisions cannot be delegated. In such cases, a specific section of the standard details what authorities can and cannot be delegated. You should review the applicable standard in the CFR for this information.

    3. In some cases, the state rules do not adopt the Federal standard in its entirety. Each state rule (available from the respective agency) should be consulted for specific information.

    4. In some cases, existing delegation agreements between the EPA and the agencies limit the scope of the delegated standards. Copies of delegation agreements are available from the state agencies, or from this office.

    5. With respect to 40 CFR part 63, subpart A, General Provisions (see Table III), EPA has determined that sections 63.6(g), 63.6(h)(9), 63.7(e)(2)(ii) and (f), 63.8(f), and 63.10(f) cannot be delegated. Additional information is contained in an EPA memorandum titled “Delegation of 40 CFR part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies” from John Seitz, Director, Office of Air Quality Planning and Standards, dated July 10, 1998.

    List of Delegation Tables Table I—Delegation of Authority—Part 60 NSPS—Region 7 Sub-Part Source category State of Iowa State of Kansas State of Missouri State of Nebraska A General Provisions 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • Except 60.4; 60.9; 60.10; 60.16.
  • 6/30/12
  • 12/30/13
  • Except 60.4; 60.9; and 60.10.
  • 07/01/13.
  • 05/13/14.
  • D Fossil-Fuel Fired Steam Generators for Which Construction is Commenced After August 17, 1971 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Da Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Db Industrial-Commercial-Institutional Steam Generating Units 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Dc Small Industrial-Commercial-Institutional Steam Generating Units 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • E Incinerators 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Ea Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989, and on or before September 20 1994 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Eb Large Municipal Waste Combustors for Which Construction is Commenced after September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Ec Hospital/Medical/Infectious Waste Incinerators for Which Construction Commenced after June 20, 1996 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • F Portland Cement Plants 10/17/00
  • 10/21/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • G Nitric Acid Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Ga Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • H Sulfuric Acid Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • I Hot Mix Asphalt Facilities 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • J Petroleum Refineries 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • Except provisions in Ja: 60.100a(c); in 60.101a, the definition of “flare”; 60.102a(g); and 60.107a(d) and (e).
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Ja Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • K Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Ka Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Kb Volatile Organic Liquid Storage Vessels (including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • L Secondary Lead Smelters 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • M Secondary Brass and Bronze Production Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • N Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Na Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • O Sewage Treatment Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • P Primary Copper Smelters 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Q Primary Zinc Smelters 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • R Primary Lead Smelters 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • S Primary Aluminum Reduction Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • T Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • U Phosphate Fertilizer Industry: Superphosphoric Acid Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • V Phosphate Fertilizer Industry: Diammonium Phosphate Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • W Phosphate Fertilizer Industry: Triple Superphosphate Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • X Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Y Coal Preparation Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Z Ferroalloy Production Facilities 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • AA Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and on or Before August 17, 1983 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • AAa Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • BB Kraft Pulp Mills 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • CC Glass Manufacturing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • DD Grain Elevators 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • EE Surface Coating of Metal Furniture 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • GG Stationary Gas Turbines 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • HH Lime Manufacturing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • KK Lead-Acid Battery Manufacturing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • LL Metallic Mineral Processing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • MM Automobile and Light Duty Truck Surface Coating Operations 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • NN Phosphate Rock Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • PP Ammonium Sulfate Manufacture 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • QQ Graphic Arts Industry: Publication Rotogravure Printing 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • RR Pressure Sensitive Tape and Label Surface Coating Operations 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • SS Industrial Surface Coating: Large Appliances 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • TT Metal Coil Surface Coating 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • UU Asphalt Processing and Asphalt Roofing Manufacture 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • VV Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • VVa Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • WW Beverage Can Surface Coating Industry 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • XX Bulk Gasoline Terminals 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • AAA New Residential Wood Heaters 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • BBB Rubber Tire Manufacturing Industry 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • DDD Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • FFF Flexible Vinyl and Urethane Coating and Printing 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • GGG Equipment Leaks of VOC in Petroleum Refineries 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • GGGa Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • HHH Synthetic Fiber Production Facilities 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • III Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) AIR Oxidation Unit Processes 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • JJJ Petroleum Dry Cleaners 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • KKK Equipment Leaks of VOC from Onshore Natural Gas Processing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • LLL Onshore Natural Gas Processing: SO2 Emissions 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • NNN Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • OOO Nonmetallic Mineral Processing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • PPP Wool Fiberglass Insulation Manufacturing Plants 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • QQQ VOC Emissions from Petroleum Refinery Wastewater Systems 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • RRR Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • SSS Magnetic Tape Coating Facilities 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • TTT Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • UUU Calciners and Dryers in Mineral Industries 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • VVV Polymeric Coating of Supporting Substrates Facilities 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • WWW Municipal Solid Waste Landfills 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • AAAA Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • CCCC Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001 06/28/11
  • 10/24/12
  • 07/01/05
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • DDDD Commercial and Industrial Solid Waste Incineration Units that Commenced Construction On or Before November 30, 1999 07/01/05
  • 11/05/10
  • Not delegated 07/01/13.
  • 05/13/14.
  • EEEE Other Solid Waste Incineration Units for Which Construction Commenced After December 9, 2004 or Modification or Reconstruction Commenced On or After June 16, 2006 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • FFFF Other Solid Waste Incineration Units that Commenced Construction On or Before December 9, 2004 07/01/08
  • 11/05/10
  • Not delegated 07/01/13.
  • 05/13/14.
  • IIII Stationary Compression Ignition Internal Combustion Engines 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • JJJJ Stationary Spark Ignition Internal Combustion Engines 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • KKKK Stationary Combustion Turbines 06/28/11
  • 10/24/12
  • 07/01/08
  • 11/05/10
  • 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • LLLL New Sewage Sludge Incinerator Units 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • MMMM Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units 07/01/13.
  • 05/13/14.
  • OOOO Crude Oil and Natural Gas Production, Transmission and Distribution 6/30/12
  • 12/30/13
  • 07/01/13.
  • 05/13/14.
  • Table II—Delegation of Authority—Part 61 NESHAP—Region 7 Sub-Part Source category State of Iowa State of Kansas State of
  • Missouri
  • State of
  • Nebraska
  • Lincoln-
  • Lancaster
  • County
  • City of Omaha
    A General Provisions 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • Except 61.04, 61.16 and 61.17.
  • 6/30/12
  • 12/30/13
  • Except 61.04, 61.16 and 61.17.
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • B Radon Emissions from Underground Uranium Mines Not delegated Not delegated Not delegated Not delegated Not delegated Not delegated. C Beryllium 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • D Beryllium Rocket Motor Firing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • E Mercury 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • F Vinyl Chloride 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • J Equipment Leaks (Fugitive Emission Sources) of Benzene 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • L Benzene Emissions from Coke By-Product Recovery Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • M Asbestos 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • N Inorganic Arsenic Emissions from Glass Manufacturing Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • O Inorganic Arsenic Emissions From Primary Copper Smelters 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • P Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • Q Radon Emissions From Department of Energy Facilities Not delegated Not delegated Not delegated Not delegated Not delegated Not delegated. R Radon Emissions From Phosphogypsum Stacks Not delegated Not delegated Not delegated Not delegated Not delegated Not delegated. T Radon Emissions From the Disposal of Uranium Mill Tailings Not delegated Not delegated Not delegated Not delegated Not delegated Not delegated. V Equipment Leaks (Fugitive Emission Sources) 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • W Radon Emissions From Operating Mill Tailings Not delegated Not delegated Not delegated Not delegated Not delegated Not delegated. Y Benzene Emissions From Benzene Storage Vessels 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • BB Benzene Emissions From Benzene Transfer Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • FF Benzene Waste Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/01
  • 07/21/10
  • 07/01/13
  • 12/10/13
  • 07/01/09.
  • 12/22/12.
  • Table III—Delegation of Authority—Part 63 NESHAP—Region 7 Sub-Part Source category State of Iowa State of Kansas State of
  • Missouri
  • State of
  • Nebraska
  • Lincoln-
  • Lancaster County
  • City of Omaha
    A General Provisions 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • Except 63.6(f)(1), (g), (h)(1) and (h)(9); 63.7(e)(2)(ii) and (f); 63.8(f); 63.10(f); 63.12; 63.13; 63.14(b)(27) and phrase “and table 5 to subpart DDDDD of this part”; 63.14(b)(35), (39) through (53), and (55) through (62); in 63.14(i)(1), the phrase “table 5 to subpart DDDDD of this part”; and 63.15.
  • 6/30/12
  • 12/30/13
  • Except 63.13 & 63.15(a)(2).
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • F Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • G Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • H Organic Hazardous Air Pollutants for Equipment Leaks 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • I Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • J Polyvinyl Chloride and Copolymers Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • Not delegated Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    L Coke Oven Batteries 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13
  • Not delegated.
    M National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • N Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • O Ethylene Oxide Emissions Standards for Sterilization Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • Q Industrial Process Cooling Towers 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • R Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • S Pulp and Paper Industry 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • T Halogenated Solvent Cleaning 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • U Polymers and Resins Group I 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • W Epoxy Resins Production and Non-Nylon Polyamides Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • X Secondary Lead Smelting 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • Y Marine Tank Vessel Loading Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13.
  • Not delegated Not delegated Not delegated.
    AA/BB Phosphoric Acid Manufacturing Plants/Phosphate Fertilizers Production Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • CC Petroleum Refineries 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • DD Off-Site Waste and Recovery Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • EE Magnetic Tape Manufacturing Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • GG Aerospace Industry Surface Coating Manufacturing and Rework Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • HH Oil and Natural Gas Production Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • II Shipbuilding and Ship Repair (Surface Coating) 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13.
  • Not delegated Not delegated Not delegated.
    JJ Wood Furniture Manufacturing Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • KK Printing and Publishing Industry 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • LL Primary Aluminum Reduction Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Along Semichemical Pulp Mills 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • OO Tanks-Level 1 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • PP Containers 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • QQ Surface Impoundments 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • RR Individual Drain Systems 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • TT Equipment Leaks—Control Level 1 Standards 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • UU Equipment Leaks—Control Level 2 Standards 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • VV Oil-Water Separators and Organic-Water Separators 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • WW Storage Vessel (Tanks)—Control Level 2 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • YY Generic Maximum Achievable Control Technology Standards 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • CCC Steel Pickling-HCL Process Facilities and Hydrochloric Acid Regeneration Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • DDD Mineral Wool Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • EEE Hazardous Waste Combustors 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • GGG Pharmaceutical Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • HHH Natural Gas Transmission and Storage Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • III Flexible Polyurethane Foam Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • JJJ Polymers and Resins Group IV 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • LLL Portland Cement Manufacturing Industry 12/20/06
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • MMM Pesticide Active Ingredient Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • NNN Wool Fiberglass Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • OOO Manufacture of Amino/Phenolic Resins 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • PPP Polyether Polyols Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • QQQ Primary Copper Smelting 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    RRR Secondary Aluminum Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • TTT Primary Lead Smelting 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • UUU Petroleum Refineries 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • VVV Publicly Owned Treatment Works 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • XXX Ferroalloys Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • AAAA Municipal Solid Waste Landfills 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • CCCC Manufacturing of Nutritional Yeast 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • DDDD Plywood and Composite Wood Products 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    EEEE Organic Liquids Distribution (Non-Gasoline) 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • FFFF Misc. Organic Chemical Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • GGGG Solvent Extraction for Vegetable Oil Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • HHHH Wet Formed Fiberglass Mat Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • IIII Surface Coating of Automobiles and Light-Duty Trucks 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • JJJJ Paper and Other Web Coating 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • KKKK Surface Coating of Metal Cans 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • MMMM Surface Coating of Misc. Metal Parts and Products 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • NNNN Surface Coating of Large Appliances 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • OOOO Printing, Coating and Dyeing of Fabrics and Other Textiles 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • PPPP Surface Coating of Plastic Parts and Products 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • QQQQ Surface Coating of Wood Building Products 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • RRRR Surface Coating of Metal Furniture 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • SSSS Surface Coating of Metal Coil 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • TTTT Leather Finishing Operations 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • UUUU Cellulose Products Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • VVVV Boat Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • WWWW Reinforced Plastic Composites Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • XXXX Rubber Tire Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • YYYY Stationary Combustion Turbines 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • ZZZZ Stationary Reciprocating Internal Combustion Engines 01/30/13
  • 10/23/13
  • 7/1/09
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • AAAAA Lime Manufacturing Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • BBBBB Semiconductor Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    CCCCC Coke Ovens: Pushing, Quenching, and Battery Stacks 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13
  • Not delegated.
    DDDDD Industrial, Commercial and Institutional Boilers and Process Heaters Not delegated Not delegated 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • Not delegated.
    EEEEE Iron and Steel Foundries 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • FFFFF Integrated Iron and Steel Manufacturing Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • GGGGG Site Remediation 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • HHHHH Misc. Coating Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • IIIII Mercury Cell Chlor-Alkali Plants 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    JJJJJ Brick and Structural Clay Products Manufacturing Not delegated Not delegated Not delegated Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    KKKKK Clay Ceramics Manufacturing 9/19/11
  • 10/24/12
  • Not delegated Not delegated Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    LLLLL Asphalt Processing and Asphalt Roofing Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • MMMMM Flexible Poly-urethane Foam Fabrication Operation 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • NNNNN Hydrochloric Acid Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • PPPPP Engine Test Cells/Stands 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • QQQQQ Friction Materials Manufacturing Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    RRRRR Taconite Iron Ore Processing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13.
  • Not delegated.
    SSSSS Refractory Products Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • TTTTT Primary Magnesium Refining 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • Not delegated 07/01/13
  • 12/10/13
  • Not delegated.
    UUUUU Coal and Oil-fired Electric Utility Steam Generating Units Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    WWWWW Hospital Ethylene Oxide Sterilizer 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • YYYYY Electric Arc Furnace Steelmaking Facilities or Stainless and Non-stainless Steel Manufacturing (EAFs) 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • ZZZZZ Iron and Steel Foundries Area Sources 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • BBBBBB Gasoline Distribution Bulk Terminal, Bulk Plant and Pipeline Facilities 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • CCCCCC Gasoline Distribution, Gasoline Dispensing Facilities 1/24/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • DDDDDD PVC & Copolymer Production Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • EEEEEE Primary Copper Smelting Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • FFFFFF Secondary Copper Smelting Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • GGGGGG Primary Nonferrous Metal Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • HHHHHH Paint Stripping Operations, Misc. Surface Coating, Autobody Refinishing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • JJJJJJ Industrial, Commercial, and Institutional Boilers Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    LLLLLL Acrylic/Modacrylic Fibers Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    MMMMMM Carbon Black Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    NNNNNN Chromium Compounds 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13,
  • Not delegated.
    OOOOOO Flexible Polyurethane Foam Fabrication and Production 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    PPPPPP Lead Acid Battery Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    QQQQQQ Wood Preserving 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    RRRRRR Clay Ceramics Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • SSSSSS Pressed & Blown Glass Manufacturing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • TTTTTT Secondary Non-Ferrous Metals 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13
  • 07/01/11.
  • 12/22/12.
  • VVVVVV Chemical Manufacturing Area Sources 12/21/12
  • 09/10/14
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    WWWWWW Plating and Polishing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    XXXXXX Metal Fabrication and Finishing 9/19/11
  • 10/24/12
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    YYYYYY Ferroalloys Production Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    ZZZZZZ Area Source Standards for Aluminum, Copper and Other Nonferrous Foundries 6/28/11
  • 1/24/11
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    BBBBBBB Chemical Preparations Industry Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    CCCCCCC Paints and Allied Products Manufacturing 6/28/11
  • 1/24/11
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    DDDDDDD Prepared Foods Manufacturing 12/23/11
  • 09/10/14
  • 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    EEEEEEE Gold Mine Ore Processing and Production Area Source Category Not delegated 07/01/10
  • 12/28/12
  • 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.
    HHHHHHH Polyvinyl Chloride and Copolymers Production Not delegated 6/30/12
  • 12/30/13
  • 07/01/13
  • 05/13/14
  • 07/01/13
  • 12/10/13.
  • Not delegated.

    Note: At this time, Missouri is temporarily not accepting delegation for area source NESHAP requirements (40 CFR part 63, subparts 5W-7H) within the State of Missouri as described in an August 24, 2010 letter from MDNR to the U.S. EPA, Region 7.

    Summary of This Action

    All sources subject to the requirements of 40 CFR parts 60, 61, and 63 are also subject to the equivalent requirements of the above-mentioned state or local agencies.

    This document informs the public of delegations to the above-mentioned agencies of the above-referenced Federal regulations.

    Authority

    This document is issued under the authority of sections 101, 110, 112, and 301 of the CAA, as amended (42 U.S.C. 7401, 7410, 7412, and 7601).

    Dated: February 13, 2015. Karl Brooks, Regional Administrator, Region 7.
    [FR Doc. 2015-04171 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R08-OAR-2014-0811; FRL-9923-24-Region 8] Promulgation of State Air Quality Implementation Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units AGENCY:

    Environmental Protection Agency.

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action publishing negative declarations for sewage sludge incineration (SSI) units for: the State of Colorado, the State of Montana, the State of North Dakota, the State of South Dakota, the State of Utah, and the State of Wyoming. Each state notified EPA in its negative declaration letter that there are no SSI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) within the jurisdictional boundaries of their state. EPA is accepting the negative declarations in accordance with the requirements of the CAA.

    DATES:

    This rule is effective on April 28, 2015 without further notice, unless EPA receives adverse comments by March 30, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R08-OAR-2014-0811, by one of the following methods:

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

    Email: [email protected]

    Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT section if you are faxing comments).

    Mail: Carl Daly, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.

    Hand Delivery: Carl Daly, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays. Special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-2014-0811.

    EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an “anonymous access” system, which means 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 and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, see Section I, General Information of this document.

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Kendra Morrison, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6145, [email protected]

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. General Information II. Background A. Colorado B. Montana C. North Dakota D. South Dakota E. Utah F. Wyoming III. Final Action IV. Statutory and Executive Orders Review Definitions

    For the purpose of this document, we are giving meaning to certain words and initials as follows:

    (i) The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise.

    (ii) The initials EG mean emission guidelines.

    (iii) The words EPA, we, us or our mean or refer to the United States Environmental Protection Agency.

    (iv) The initials NSPS mean new source performance standards.

    (v) The initials SSI mean sewage sludge incineration.

    I. General Information A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through http://regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for Preparing Your Comments. When submitting comments, remember to:

    a. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).

    b. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

    c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

    d. Describe any assumptions and provide any technical information and/or data that you used.

    e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

    f. Provide specific examples to illustrate your concerns, and suggest alternatives.

    g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

    h. Make sure to submit your comments by the comment period deadline identified.

    II. Background

    EPA's statutory authority for the regulation of new and existing solid waste incineration units is outlined in CAA sections 111 and 129. Section 129 of the CAA is specific to solid waste combustion, and requires EPA to establish performance standards for each category of solid waste incineration units. Section 111 of the Act gives EPA the statutory authority to promulgate new source performance standards (NSPS), applicable to new units, and/or emission guidelines (EG) for existing units. EG are implemented and enforced through either an EPA-approved state plan or a promulgated federal plan. If a state does not have any existing solid waste incineration units for the relevant EG, the state shall submit a letter to EPA certifying that no such units exist within the state (i.e., negative declaration) in lieu of a state plan.

    A SSI unit is a solid waste incinerator located at a wastewater treatment facility designed to treat domestic sewage sludge. On March 21, 2011 (76 FR 15372), EPA promulgated (40 CFR part 60) NSPS for new SSI units (subpart LLLL) and EG for existing SSI units (subpart MMMM). Existing SSI units are units that commenced construction on or before October 14, 2010. The State of Colorado, the State of Montana, the State of North Dakota, the State of South Dakota, the State of Utah, and the State of Wyoming each determined, through negative declarations, that there are no existing SSI units subject to CAA sections 111 and 129 within the jurisdictional boundaries of their state.

    A. Colorado

    Colorado Department of Public Health and Environment submitted a negative declaration on April 3, 2013, certifying the Air Pollution Control Division identified no SSI units affected by the EG.

    B. Montana

    Montana Department of Environmental Quality submitted a negative declaration on December 10, 2013, certifying no SSI units covered under 40 CFR 60, subpart MMMM.

    C. North Dakota

    North Dakota Department of Health submitted a negative declaration on November 27, 2012, certifying no SSI units covered under 40 CFR 60, subpart MMMM.

    D. South Dakota

    South Dakota Department of Environment and Natural Resources submitted a negative declaration on November 21, 2012, certifying no SSI units subject to 40 CFR 60, subpart MMMM.

    E. Utah

    Utah Department of Environmental Quality submitted a negative declaration on December 23, 2013, certifying no existing SSI units.

    F. Wyoming

    Wyoming Department of Environmental Quality submitted a negative declaration dated February 28, 2013, certifying no SSI units operating within the state.

    Under subpart MMMM, Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units, EPA has no formal review process for negative declaration letters (40 CFR 60.5030). III. Final Action

    EPA is publishing the negative declarations for existing SSI units for the State of Colorado, the State of Montana, the State of North Dakota, the State of South Dakota, the State of Utah, and the State of Wyoming. The negative declarations satisfy the requirements of 40 CFR 62.06 and will serve in lieu of CAA section 111(d)/129 state plans for the specified states and source category.

    EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. However, in the Proposed Rules section of today's Federal Register publication, EPA is publishing a separate document that will serve as the proposal to publish the negative declarations should relevant adverse comments be filed. This rule will be effective April 28, 2015 without further notice unless the Agency receives relevant adverse comments by March 30, 2015.

    If the EPA receives adverse comments, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    IV. Statutory and Executive Orders Review

    This final action merely publishes some state negative declarations and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

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

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

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

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

    • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

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

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

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

    In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not have a substantial direct effect on one or more Indian tribes, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law.

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

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

    List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Solid waste incineration, Sewage sludge incineration.

    Dated: January 30, 2015. Debra H. Thomas, Acting Regional Administrator, Region 8.

    40 CFR part 62 is amended to read as follows:

    PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for Part 62 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart G—Colorado 2. Subpart G is amended by adding an undesignated center heading and § 62.1390 to read as follows: Emissions From Existing Sewage Sludge Incineration Units
    § 62.1390 Identification of plan—negative declaration.

    Letter from Colorado Department of Public Health & Environment submitted to EPA on April 3, 2013, certifying that there are no known existing sewage sludge incineration units in the State of Colorado.

    Subpart BB—Montana 3. Subpart BB is amended by adding an undesignated center heading and § 62.6640 to read as follows: Emissions From Existing Sewage Sludge Incineration Units
    § 62.6640 Identification of plan—negative declaration.

    Letter from Montana Department of Environmental Quality submitted to EPA on December 10, 2013, certifying that there are no known existing sewage sludge incineration units in the State of Montana.

    Subpart JJ—North Dakota 4. Subpart JJ is amended by adding an undesignated center heading and § 62.8640 to read as follows: Emissions From Existing Sewage Sludge Incineration Units
    § 62.8640 Identification of plan—negative declaration.

    Letter from North Dakota Department of Health submitted to EPA on November 27, 2012, certifying that there are no known existing sewage sludge incineration units in the State of North Dakota.

    Subpart QQ—South Dakota 5. Subpart QQ is amended by adding an undesignated center heading and § 62.10390 to read as follows: Emissions From Existing Sewage Sludge Incineration Units
    § 62.10390 Identification of plan—negative declaration.

    Letter from South Dakota Department of Environmental Quality submitted to EPA on November 21, 2012, certifying that there are no known existing sewage sludge incineration units in the State of South Dakota.

    Subpart TT—Utah 6. Subpart TT is amended by adding an undesignated center heading and § 62.11150 to read as follows: Emissions From Existing Sewage Sludge Incineration Units
    § 62.11150 Identification of plan—negative declaration.

    Letter from Utah Department of Environmental Quality submitted to EPA on December 23, 2013, certifying that there are no known existing sewage sludge incineration units in the State of Utah.

    Subpart ZZ—Wyoming 7. Subpart ZZ is amended by adding an undesignated center heading and § 62.12640 to read as follows: Emissions From Existing Sewage Sludge Incineration Units
    § 62.12640 Identification of plan—negative declaration.

    Letter from Wyoming Department of Environmental Quality submitted to EPA and dated February 28, 2013, certifying that there are no known existing sewage sludge incineration units in the State of Wyoming.

    [FR Doc. 2015-03922 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 405 [CMS-6055-F] RIN 0938-AS03 Medicare Program; Right of Appeal for Medicare Secondary Payer Determinations Relating to Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation Laws and Plans AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Final rule.

    SUMMARY:

    This final rule implements provisions of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (SMART Act) which require us to provide a right of appeal and an appeal process for liability insurance (including self-insurance), no-fault insurance, and workers' compensation laws or plans when Medicare pursues a Medicare Secondary Payer (MSP) recovery claim directly from the liability insurance (including self-insurance), no-fault insurance, or workers' compensation law or plan.

    DATES:

    Effective Date: These regulations are effective on April 28, 2015.

    Applicability Date: Applicable plans are parties to initial determinations issued on or after April 28, 2015 where CMS pursues recovery directly from an applicable plan.

    FOR FURTHER INFORMATION CONTACT:

    Barbara Wright, (410) 786-4292. Cynthia Ginsburg, (410) 786-2579.

    SUPPLEMENTARY INFORMATION: I. General Overview and Background A. General Overview

    When the Medicare program was enacted in 1965, Medicare was the primary payer for all medically necessary covered and otherwise reimbursable items and services, with the exception of those items and services covered and payable by workers' compensation. In 1980, the Congress enacted the Medicare Secondary Payer (MSP) provisions of the Social Security Act (the Act), which added section 1862(b) to the Act and established Medicare as the secondary payer to certain primary plans. Primary plan, as defined in section 1862(b)(2)(A) of the Act, means a group health plan or large group health plan, workers' compensation law or plan, automobile or liability insurance policy or plan (including self-insured plan) or no-fault insurance.

    Section 1862(b)(2) of the Act, in part, prohibits Medicare from making payment where payment has been made or can reasonably be expected to be made by a primary plan. If payment has not been made or cannot reasonably be expected to be made by a primary plan, Medicare may make conditional payments with the expectation that the payments will be reimbursed to the appropriate Medicare Trust Fund. That is, Medicare may pay for medical claims with the expectation that it will be repaid if the beneficiary obtains a settlement, judgment, award, or other payment. A primary plan and any entity that receives payment from a primary plan shall reimburse the appropriate Medicare Trust Fund for Medicare's payments for items and services if it is demonstrated that such primary plan has or had responsibility to make payment with respect to such items and services.

    The responsibility for payment on the part of workers' compensation, liability insurance (including self-insurance), and no-fault insurance is generally demonstrated by a settlement, judgment, award, or other payment (including, for example, assuming ongoing responsibility for medicals (ORM)). When such occurs, the settlement, judgment, award or other payment is subject to the Act's MSP provisions because a “payment has been made” with respect to medical care of a beneficiary related to that settlement, judgment, award or other payment. Section 1862(b)(2)(B)(iv) of the Act provides the federal government subrogation rights to any right under MSP of an individual or any other entity to payment for items or services under a primary plan, to the extent Medicare payments were made for such medical items and services. Moreover, section 1862(b)(2)(B)(iii) of the Act provides the federal government a direct right of action to recover conditional payments made by Medicare. This direct right of action, which is separate and independent from Medicare's statutory subrogation rights, may be brought to recover conditional payments against any or all entities that are or were responsible for making payment for the items and services under a primary plan. Under the direct right of action, the federal government may also recover from any entity that has received payment from a primary plan or the proceeds of a primary plan's payment to any entity.

    Moreover, the MSP statute requires a “demonstration of primary payment responsibility;” it does not require that CMS prove that the alleged incident or injury caused particular medical care. A primary plan's responsibility for payment may be demonstrated by a judgment, a payment conditioned upon the recipient's compromise, waiver, or release (whether or not there is a determination of liability) of payment or otherwise. A settlement, judgment, award, or other payment (including, for example, an assumption of ORM) is sufficient to demonstrate primary payment responsibility for what has been claimed, released, or released in effect.

    B. Background

    The Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act) was signed into law by President Obama on January 10, 2013, and amends the Act's MSP provisions (found at 42 U.S.C. 1395y(b)). Specifically, section 201 of the SMART Act added paragraph (viii) to section 1862(b)(2)(B) of the Act. This new clause requires Medicare to promulgate regulations establishing a right of appeal and an appeals process, with respect to any determination for which the Secretary is seeking to recover payments from an applicable plan (as defined in the MSP provisions), under which the applicable plan involved, or an attorney, agent, or third-party administrator on behalf of the applicable plan, may appeal such a determination. Further, the individual furnished such an item and/or service shall be notified of the applicable plan's intent to appeal such a determination. For purposes of this provision, the term applicable plan refers to liability insurance (including self-insurance), no-fault insurance, or a workers' compensation law or plan, as defined at section 1862(b)(8)(F) of the Act.

    Currently, if an MSP recovery demand is issued to the beneficiary as the identified debtor, the beneficiary has formal administrative appeal rights and eventual judicial review as set forth in subpart I of part 405. If the recovery demand is issued to the applicable plan as the identified debtor, currently the applicable plan has no formal administrative appeal rights or judicial review. CMS' recovery contractor addresses any dispute raised by the applicable plan, but there is no multilevel formal appeal process.

    Subpart I of part 405, provides for a multilevel process including a redetermination by the contractor issuing the recovery demand, a reconsideration by a Qualified Independent Contractor (QIC), an Administrative Law Judge (ALJ) hearing, a review by the Departmental Appeals Board's (DAB) Medicare Appeals Council (MAC), and eventual judicial review, and sets forth details on the process including standing to request an appeal, filing requirements, amount in controversy requirements, and other requirements. The December 27, 2013 proposed rule (78 FR 78802) would add appeals for applicable plans where Medicare is pursuing recovery directly from the applicable plan. The debts at issue involve recovery of the same conditional payments that would be at issue if recovery were directed at the beneficiary. Given this, we believe it is appropriate to utilize the same multilevel appeals process for applicable plans.

    II. Provisions of the Proposed Regulations and Analysis of and Responses to Public Comments A. Introduction

    In the December 27, 2013 Federal Register (78 FR 78802), we published a proposed rule that would implement section 201 of the SMART Act which required us to promulgate regulations establishing a right of appeal and an appeals process with respect to any determination for which the Secretary is seeking to recover payments from an applicable plan. Our proposals would add appeal rights for applicable plans where Medicare is pursuing recovery directly from the applicable plan utilizing the existing appeals procedures in part 405 subpart I applicable to appeals filed by beneficiaries when Medicare seeks recovery of conditional payments directly from the beneficiary.

    We received approximately 19 timely pieces of public correspondence on the December 27, 2013 proposed rule. Commenters included insurance industry associations and organizations, beneficiary and other advocacy groups, entities offering MSP compliance services, and health insurance plans. The commenters generally supported our proposals.

    Because of the type of comments received, we are using the following approach to structure this section of the final rule:

    • Presenting the proposed provision(s) based on topic area(s) of the public comments.

    • Providing the proposed provisions for which we did not received public comments.

    • Providing and responding to the public comments that do not “fit” in the topic areas noted previously. The following is a list of the regulatory provisions that would be revised or added in accordance with the December 13, 2013 proposed rule:

    • § 405.900 Basis and scope

    • § 405.902 Definitions

    • § 405.906 Parties to the initial determinations, redeterminations, reconsiderations, hearings, and reviews

    • § 405.910 Appointed representatives

    • § 405.921 Notice of initial determination

    • § 405.924 Actions that are initial determinations

    • § 405.926 Actions that are not initial determinations

    • Proposed § 405.947 Notice to the beneficiary of applicable plan's request for a redetermination

    B. Discussion of the Provisions of the Proposed Rule by Public Comment Topic

    In this section of the final rule we provide a general overview and a response to the public comments received, grouped under the following topics:

    • Definition of Applicable Plan • Issues Subject to Appeal/Not Subject to Appeal • Party Status/Who Can Appeal and When • Use of an Attorney or Other Representative; Assignment of Appeal Rights • Notice • Appeal Processes/Determining the Identified Debtor • Interest and Penalties • Applicability of the Proposed Rule to Medicare Part C and/or Medicare Part D • Other 1. Definition of Applicable Plan

    We proposed adding the following definition for “applicable plan” in § 405.902, Definitions: “Applicable plan means liability insurance (including self-insurance), no-fault insurance, or a workers' compensation law or plan.” This is the statutory definition of “applicable plan” in section 1862(b)(8)(F) of the Act.

    Comment: A commenter requested that CMS revise the definition of applicable plan in the proposed rule to read: Applicable plan means liability insurance (including self-insurance), no-fault insurance, or a workers' compensation law or plan where payment has been made or can reasonably be expected to be made under a workmen's compensation law or plan of the United States or a state or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no-fault insurance.

    Response: We disagree with the recommended revision. The definition of the term “applicable plan” is the definition set forth in section 1862(b)(8) of the Act. The reference to “. . . applicable plan under [section 1862(b)(2)(A)(ii) of the Act]” (pursuant to the SMART Act and as codified now in section 1862(b)(2)(B)(viii) of the Act) is a reference to when CMS would pursue recovery with respect to liability insurance (including self-insurance), no-fault insurance, or workers' compensation law or plan recoveries where primary payment responsibility has been demonstrated, and is not a part of the definition of the term “applicable plan” itself. The term “applicable plan” as referred to in the SMART Act has a pre-existing definition in the same section of the Medicare statute (that is, in section 1862(b) of the Act). Therefore, we are finalizing the definition of the term “applicable plan” as proposed.

    2. Issues Subject To Appeal/Not Subject To Appeal

    In order for an action to be subject to the appeal process set forth in subpart I of 42 CFR part 405, there must be an “initial determination.” Section 405.924, Actions that are initial determinations, addresses actions that are initial determinations (and thus subject to appeal) for purposes of part 405 subpart I. We proposed adding paragraph (b)(15) to this section to specifically provide that where Medicare is pursuing recovery directly from an applicable plan, there is an initial determination with respect to the amount and the existence of the recovery claim. This addition would generally parallel the existing provisions of § 405.924(b)(14) addressing pursuing MSP recovery claims from a beneficiary, provider, or supplier. In addition to these changes, for consistency, we proposed a number of technical and formatting changes.

    Paragraph (a) of § 405.926, Actions that are not initial determinations, addresses actions that are not initial determinations (and thus not subject to appeal) for purposes of part 405 subpart I because such determinations are the sole responsibility of CMS. Generally under § 405.926(k) initial determinations with respect to primary payers are not initial determinations. In conjunction with the proposed addition of § 405.924(b)(15), we proposed adding an exception to § 405.926(k) for initial determinations set forth in § 405.924(b)(15). Additionally, we proposed to add a new paragraph § 405.926(a)(3) to clarify that a determination of the debtor for a particular MSP recovery claim is not an initial determination for purposes of part 405 subpart I. Because Medicare has the right to recover conditional payments from the beneficiary, the primary payer, or any other entity that has received the proceeds from payment by the primary plan, Medicare's decision regarding who or what entity it is pursuing recovery from is not subject to appeal. We also proposed to add the word “facilitates” to the existing “sponsors or contributes to” language in § 405.926(k) in recognition of our longstanding position that the concept of employer sponsorship or contribution has always included facilitation efforts. Finally, for consistency, we proposed making several technical changes.

    Comment: A number of commenters believe that the issue of who or which entity CMS pursues an MSP recovery from should be subject to appeal. Some commenters requested that CMS always pursue recovery from the beneficiary first. Others believe that if the applicable plan has paid the beneficiary, recovery should be limited to the beneficiary. A commenter stated that the parties to a settlement, judgment, award, or other payment should be allowed to designate who CMS pursues or, at least who CMS pursues first.

    Response: We decline these requests. Pursuant to section 1862(b)(2)(B)(ii) of the Act and 42 CFR 411.24 of the regulations, we have the right to pursue recovery from the beneficiary, the primary payer or any other entity receiving proceeds from the payment by the primary plan. We may recover from the applicable plan even if the applicable plan has already reimbursed the beneficiary or other party. Under our existing regulations under part 405 subpart I, beneficiaries have formal appeal rights; applicable plans do not have such rights. The SMART Act's provisions codified in section 1862(b)(2)(B)(viii) of the Act require us to provide formal appeal rights and a formal appeal process for applicable plans, but these provisions do not change Medicare's underlying recovery rights.

    Comment: Some commenters would like to be able to appeal who is the identified debtor in a situation where there are multiple entities which are primary payers to Medicare (a beneficiary with multiple types of coverage or multiple settlements, or both). That is, they would like to be able to appeal whether CMS recovers from “applicable plan #1” rather than “applicable plan #2” in a situation where both applicable plans are primary to Medicare.

    Response: We disagree. In accordance with section 1862(b)(2)(B)(ii) of the Act and 42 CFR 411.24 of the regulations, we have the right to pursue recovery from the beneficiary, the primary payer or any other entity receiving proceeds from the payment by the primary plan. Section 411.24(e) states that we have a direct right of action to recover from any primary payer.

    Comment: A commenter requested that CMS remove any restrictions on the applicable plan, including the right to seek recovery from the beneficiary, service provider or other entity. Another commenter stated that the proposed rule did not address whether the applicable plan may seek recovery from another entity.

    Response: We decline this request. The commenter is requesting that we provide a statement of the applicable plan's rights against Medicare beneficiaries, providers/suppliers, or other entities which is outside the scope of this rule.

    After review and consideration of comments related to § 405.924 and § 405.926, we are finalizing the changes to these sections with modifications. In order to address the addition of a new paragraph (b)(15) to § 405.924 via the CY 2015 Physician Fee Schedule final rule with comment period (79 FR 68001), we will need to add proposed paragraph (b)(15) as paragraph (b)(16) and make conforming cross-references changes in § 405.906 and § 405.926(k).

    3. Party Status/Who Can Appeal and When

    We proposed to add paragraph (a)(4) to § 405.906, Parties to the initial determinations, redeterminations, reconsiderations, hearings, and reviews, to specify that an applicable plan is a party to an initial determination under proposed § 405.924(b)(15) where Medicare is pursuing recovery directly from the applicable plan. The applicable plan is the sole party to an initial determination when an applicable plan is a party. By “pursuing recovery directly from the applicable plan,” we mean that the applicable plan would be the identified debtor, with a recovery demand letter issued to the applicable plan (or its agent or representative) requiring repayment. If or when an applicable plan receives a courtesy copy of a recovery demand letter issued to a beneficiary, this does not qualify as “pursuing recovery directly from the applicable plan” and does not confer party status on the applicable plan. Making the applicable plan the sole party to the initial determination means that the applicable plan would also be the sole party to a redetermination or subsequent level of appeal with respect to that initial determination. We are also making a technical change in the section heading for § 405.906 (adding a comma before the phrase “and reviews”).

    Comment: Several commenters requested that (1) either the applicable plan, or the beneficiary, or both be allowed to participate in any appeal where the identified debtor is either the applicable plan or the beneficiary; (2) any appeal consolidate the appeal process and appeal rights of the applicable plan and the beneficiary; (3) either the applicable plan or the beneficiary has the right to appeal at any point prior to resolution of the appeals process or full payment (whichever occurs first); or (4) appeal rights be given to any entity potentially liable for repayment.

    Response: We decline these requests. This final rule makes appeal rights available to the identified debtor, not potential identified debtors. An identified debtor and a potential identified debtor do not always have the same interests or present the same issues on appeal. For example, where a demand is issued, the identified debtor may elect to make payment in full and not appeal, in which case furnishing appeal rights to a potential debtor is unnecessary.

    If we issue a demand to an identified debtor and later determine that it is appropriate to pursue recovery of some or all of the conditional payments at issue from a different identified debtor, a new separate demand will be issued, with appeal rights appropriate to the identified debtor in the new recovery demand.

    Comment: A commenter requested that the provision making the applicable plan the sole party to a recovery pursued directly from the applicable plan be modified to state that the applicable plan is the sole party unless the applicable plan has previously made payment, in which circumstance any individual or entity which accepted payment would be a party to the initial determination and subsequent actions.

    Response: We decline this request. In accordance with section 1862(b)(2)(B)(ii) of the Act and 42 CFR 411.24 of the regulations, we have the right to pursue recovery from the beneficiary, the primary payer or any other entity receiving proceeds from the payment by the primary plan. We may recover from the applicable plan even if the applicable plan has already reimbursed the beneficiary or other party.

    Comment: Some commenters requested that CMS always pursue recovery from the individual or entity to whom/which the applicable plan has made payment (or, at minimum, pursue recovery from that individual or entity before pursuing recovery from the applicable plan). A commenter suggested that CMS should have to inform an applicable plan regarding whether recovery had been sought from the beneficiary first.

    Response: We decline these requests. The determination of who to pursue is our sole responsibility and, consequently, is not subject to appeal (see § 405.926(a)). We have the right to pursue recovery from the primary payer, the beneficiary, or any other entity receiving proceeds from the payment by the primary plan, and we may recover from the applicable plan even if the applicable plan has already reimbursed the beneficiary or other party.

    After review and consideration of all comments related to § 405.906, we are finalizing the changes to this section with the modifications to the cross-references to § 405.924(b)(15) noted in section II.B.2. of this final rule.

    4. Use of an Attorney or Other Representative; Assignment of Appeal Rights

    We proposed adding paragraph (e)(4) to § 405.910, Appointed representatives, in order to provide applicable plans with the benefit of the existing rule for MSP regarding the duration of appointment for an appointed representative. We also proposed revising § 405.910(i)(4) to ensure that the special provision that beneficiaries as well as their representatives must receive notices or requests in an MSP case continues to apply only to beneficiaries. For all other parties, including an applicable plan, we continue to follow the regulatory provisions in § 405.910(i)(1) through (3). We did not propose any changes to § 405.912 which addresses the assignment of appeal rights.

    Comment: Commenters requested that applicable plans be able to appoint third parties/agents as representatives in the appeal process.

    Response: Applicable plans have this ability under the existing provisions in § 405.910. Section 405.910 does not limit who a party may appoint as a representative other than to state that “[a] party may not name as an appointed representative, an individual who is disqualified, suspended or otherwise prohibited by law from acting as a representative in any proceedings before DHHS, or in entitlement appeals, before SSA.”

    Furthermore, we are specifying when a party appointing a representative must include the beneficiary's Medicare health insurance claim number (HICN) on the appointment of representation. We believe that it is not necessary for non-beneficiary parties to include the HICN as part of a valid appointment because an applicable plan or other non-beneficiary party seeking to appoint a representative under § 405.910 is not a beneficiary, and would thus not have a beneficiary HICN to provide on an appointment of representation. Accordingly, we are amending the existing § 405.910(c)(5) to state that an appointment of representation must identify the beneficiary's HICN when the beneficiary (or someone, such as an authorized representative or representative payee, acting on behalf of a beneficiary) is the party appointing a representative.

    Comment: Some commenters requested that beneficiaries be able to assign their appeal rights to the applicable plan; other commenters requested that applicable plans be able to assign their appeal rights to the beneficiary.

    Response: We decline these requests. Both beneficiaries and applicable plans have the option of an agreement for representation when it is mutually agreed to. However, the assignment of appeal rights is controlled by section 1869(b)(1)(C) of the Act which limits the assignment of appeal rights to assignment by a beneficiary to a provider/supplier with respect to an item or service furnished by the provider/supplier in question.

    After review and consideration of comments related to § 405.910, we are finalizing the changes to this section as proposed and with the specification to paragraph (c)(5) explained previously.

    5. Notice

    We proposed adding a new paragraph (c) to § 405.921, Notice of initial determination, to provide specific language regarding requirements for notice to an applicable plan. Proposed § 405.921(c)(iv) states that in addition to other stated requirements in § 405.921(c), the requisite notice must contain “any other requirements specified by CMS.” We also proposed to add § 405.947, Notice to the beneficiary of applicable plan's request for a redetermination, to add language satisfying the requirement at section 1862(b)(2)(B)(viii) of the Act that the beneficiary receive notice of the applicable plan's intent to appeal where Medicare is pursuing recovery from the applicable plan. As the beneficiary would not be a party to the appeal at the redetermination level or subsequent levels of appeal, we believe that a single notice at the redetermination level satisfies the intent of this provision. We also proposed that the required notice be issued by a CMS contractor in order to ensure clarity and consistency in the wording of the notice. In addition to these changes, for consistency we proposed a number of technical and formatting changes.

    Comment: Several commenter stated that the requisite notice must contain “any other requirements specified by CMS” in proposed § 405.921(c)(iv) is too broad and/or gives CMS too much authority.

    Response: We are finalizing § 405.921(c) as proposed. The proposed language in § 405.921(c) is designed to set forth the minimum requirements for notice of an initial determination. Proposed § 405.921(c)(iv) simply provides flexibility for CMS to include additional information appropriate for the efficient operation of the appeals process; it does not eliminate any obligations set forth in proposed § 405.921(c). Additionally, we note that the same language is a longstanding provision in § 405.921(a) and (b) as well as certain other sections within part 405 subpart I regarding “notice.”

    Comment: Commenters presented a range of concerns regarding whether—(1) the applicable plan should be copied on a recovery demand with the beneficiary as the identified debtor; and (2) all potential debtors should be copied on all actions (that is, recovery demands, appeal requests, all notices or decisions).

    Response: Given that the proposed rule provides that the applicable plan will be the sole party to an initial determination if CMS pursues recovery directly from the applicable plan, we have determined that any notice beyond the notice we have proposed in § 405.947 is unnecessary, would cause an increase in administrative costs and would cause confusion in many instances, particularly where beneficiaries would receive copies of demands issued to applicable plans.

    Comment: A commenter stated that the Notice of Initial Determination sent to an applicable plan must include specific statutory authority for determinations and notification of appeal rights.

    Response: It is our routine practice to include the basis for our recovery rights as well as information on applicable appeal rights in the recovery demand letter. Moreover, we believe that the commenter's concerns are adequately addressed by proposed § 405.921(c)(i) and (iii) (which require the reason for the determination as well as information on appeal rights).

    Comment: A commenter requested that we apply the “mailbox rule” (also known as the “postal rule” or “deposited acceptance rule”) regarding receipt of a document.

    Response: We decline this request. The appeals process set forth in part 405 subpart I already has rules regarding receipt of documents for the purpose of determining the timeliness of an appeal request. See, for example, § 405.942(a)(1) (date of receipt for an initial determination), § 405.962(a)(1) (date of receipt for a redetermination), and § 405.1002(a)(3) (date of receipt for a reconsideration).

    Comment: A commenter requested that language be added to beneficiary correspondence requiring beneficiaries to cooperate with the applicable plan and CMS' contractor.

    Response: Because we are not involved in the interactions between a beneficiary and an applicable plan, we are not adding the requested language.

    Comment: A commenter was concerned that an applicable plan might lose its opportunity to appeal if the recovery demand to the applicable plan was addressed incorrectly.

    Response: Section 405.942, § 405.962, § 405.1014, and § 405.1102 all contain provisions for extending the time for filing for a particular level of appeal upon establishing good cause. An applicable plan, as a party, is entitled to request an extension of the filing timeframe consistent with the previously referenced sections should there be good cause to extend such timeframes.

    Comment: A commenter requested that notice to the beneficiary of the applicable plan's appeal explicitly state in plain language that the applicable plan's appeal does not affect the beneficiary (that is, that the applicable plan is the sole party to the appeal).

    Response: We agree, however, the content of model notices is more appropriately included in our operational instructions for contractors. We will address this issue when we draft language for the notice CMS' contractor will issue in accordance with § 405.947.

    Comment: A commenter requested clarification regarding “notice” for purposes of the statute of limitations provision set forth in section 205 of the SMART Act.

    Response: This comment is outside the scope of this rule.

    After review and consideration of all comments regarding § 405.921 and § 405.947, we are finalizing these provisions as proposed with one modification. We are revising § 405.947(a) to read: “A CMS contractor must send notice of the applicable plan's appeal to the beneficiary.” We are eliminating the reference to “the contractor adjudicating the redetermination request” issuing the notice in order to allow for operational efficiencies, where applicable. Section 405.947(b) will continue to read: “(b) Issuance and content of the notice must comply with CMS instructions.”

    6. Appeal Processes/Determining the Identified Debtor

    Comment: Commenters requested we clarify that initial determinations (recovery demands) involving liability insurance (including self-insurance), no-fault insurance, or workers' compensation benefits are made only after there is a settlement with a beneficiary.

    Response: Recovery demands are appropriate once primary payment responsibility has been demonstrated. Primary payment responsibility can be demonstrated based upon a settlement, judgment, award, or other payment. See section 1862(b)(2)(B)(ii) of the Act and 42 CFR 411.22 of the regulations.

    Comment: A commenter indicated an understanding that issues of medical necessity, beneficiary eligibility, and payment would be decided simultaneously with issues of MSP recovery under the proposed rule.

    Response: The commenter's understanding is incorrect because these issues arise at different points in time. Medicare has rules in place to permit conditional payment when a beneficiary has a pending liability insurance (including self-insurance), no-fault insurance, or workers' compensation claim. Our claims processing contractors utilize normal claims processing considerations (including medical necessity rules) in processing such claims. MSP recovery claims come into play once we have information that primary payment responsibility has been demonstrated, which often occurs after items or services have been reimbursed by Medicare.

    Comment: A commenter stated that there should be a clear statement regarding the availability of judicial review for applicable plans and requested that such a statement be added in 42 CFR 405.904.

    Response: We believe that this clarification is unnecessary. Section 405.904(b) already addresses nonbeneficiary appellants. Additionally, § 405.1136 explains that judicial review is available as authorized by statute. (See sections 1869, 1876, and 1879(d) of the Act.)

    Comment: Several commenters requested that CMS consider an appeals process other than the process in part 405 subpart I. Requests ranged from suggesting fewer levels of appeal, using a separate team of experts, to a separate docket and group of ALJs for MSP appeals. Multiple comments noted concern with the current backlog of claims-based appeals at the ALJ level of appeal.

    Response: We decline this request. The existing appeals process in 42 CFR part 405 subpart I addresses claims-based Part A and Part B MSP and non-MSP appeals for beneficiaries, providers and suppliers, including appeals of pre-pay denials as well as overpayments. The proposed rule would give party status to a new party (the applicable plan) with respect to specific initial determinations. As the existing process at 42 CFR part 405 subpart I, is currently used for Part A and Part B MSP appeals by beneficiaries, we believe it is an appropriate process for resolving similar disputes with applicable plans.

    Comment: A commenter requested that CMS clarify how it determines who/which entity is the identified debtor and whether the identified debtor will generally be the beneficiary.

    Response: This question is outside the scope of this rule. (See, section 1862(b)(2)(B)(ii) and (iii) of the Act as well as 42 CFR 411.24 of the regulations regarding who we may pursue for recovery.)

    Comment: Several commenters questioned whether: (1) CMS could pursue concurrent claims against the beneficiary and the applicable plan; (2) a claim against a beneficiary rendered a claim against the applicable plan moot (and vice versa); and (3) a demand to the beneficiary (or to the applicable plan) rendered a subsequent claim with respect to the same matter moot against the beneficiary (or the applicable plan, as appropriate).

    Response: These comments are outside the scope of this rule as they do not relate to the proposed appeal process. Please note that we will not recover twice for the same item or service. Appeal rights will be given to the beneficiary or applicable plan receiving the demand.

    Comment: Commenters stated that applicable plans should have access to beneficiary medical records, including an ability to unmask data on CMS' web portal.

    Response: These comments are outside the scope of this rule as they are not related to the proposed appeal process. If we pursue recovery directly from the applicable plan, the applicable plan will be provided with all information related to the demand.

    7. Interest and Penalties

    Comment: Several commenters requested that penalties (such as civil monetary penalties (CMPs)) and interest be tolled entirely during an appeal, during a good faith appeal, or for some set period of time during an appeal.

    Response: The statutory and regulatory provisions for interest and CMPs are outside the scope of this rule. However, we note that a debtor may eliminate the possibility of interest by submitting repayment within the timeframe specified in the demand letter. Such repayment does not eliminate existing appeal rights.

    8. Applicability of the Proposed Rule to Medicare Part C and Medicare Part D

    Comment: Some commenters requested that the proposed rule be revised to include appeal rights for applicable plans when a Medicare Part C organization or Part D plan pursues an MSP based recovery from the applicable plan.

    Response: This request is outside of the scope of this rule. The SMART Act provision for applicable plan appeals amended only the MSP provisions for Medicare Part A and Part B (section 1862(b) of the Act).

    C. Other Proposals

    In this section of the final rule, we note the proposed rule included a provision for which we did not receive any public comment. We proposed to amend § 405.900, Basis and scope, by revising paragraph (a) to add section 1862(b)(2)(B)(viii) of the Act as part of the statutory basis or Subpart I. Section 1862(b)(2)(B)(viii) requires an appeals process for applicable plans when Medicare pursues recovery directly from the applicable plan. We received no comments on this proposal; and therefore, are finalizing this provision without modification.

    D. General and Other Comments

    This section of the final rule responds to public comments that are not specific to topics described in section II.B. of this final rule.

    Comment: A commenter stated that the amount in controversy requirement should be consistent with the dollar threshold provided for by the SMART Act in section 1862(b)(9) of the Act.

    Response: We do not accept this recommendation as the amount in controversy jurisdictional threshold for the appeals process is unrelated to the threshold set in section 1862(b)(9) of the Act. The section 1862(b)(9) of the Act threshold is a dollar threshold regarding the size of the settlement, where, in certain situations, MSP reporting and repayment is not required. The jurisdictional amount in controversy requirements for the appeals process are already set forth in § 405.1006 for ALJ hearings and judicial review. We see no basis for changing the existing thresholds at various levels of appeal based upon the addition of an applicable plan as the party for certain appeals.

    Comment: A commenter stated that the proposed rule was inconsistent with the SMART Act requirement for an 11-day web portal response timeframe for “redeterminations and discrepancy resolution.”

    Response: The SMART Act provisions concerning a web portal are outside the scope of this rule. Moreover, the provisions concerning the web portal discrepancy resolution process (section 1862(b)(2)(B)(vii)(IV) of the Act) specifically state that: (1) The provisions do not establish a right of appeal or set forth an appeal process; and (2) there shall be no administrative or judicial review of the Secretary's determination under section 1862(b)(2)(B)(vii)(IV) of the Act.

    Comment: A commenter stated that the proposed rule should address appeals related to the determination of a proposed Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) amount for future medicals.

    Response: This issue is outside the scope of this rule. As stated in the preamble to the proposed rule, this issue will be addressed separately.

    III. Provisions of the Final Regulations

    This rule incorporates all of the provisions of the December 27, 2013 proposed rule with the following exceptions:

    • In § 405.910(c)(5), we are revising the language to specify when an HICN is needed.

    • In § 405.924, finalizing the addition of proposed paragraph (b)(15) as paragraph (b)(16). As a result of this change, we are also making conforming changes to the cross-references to this paragraph in §§ 405.906(a)(4) and (c), 405.921(c)(1), and 405.926(k).

    • In § 405.947(a), we are removing the reference to “the contractor adjudicating the redetermination request” issuing the notice in order to allow for operational efficiencies, where applicable. Therefore, paragraph (a) will read “A CMS contractor must send notice of the applicable plan's appeal to the beneficiary.”

    • In § 405.980, we are making a grammatical change to the section heading to match the grammatical change made to the section heading of § 405.906.

    IV. Collection of Information Requirements

    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 (44 U.S.C. 35).

    V. Regulatory Impact Statement

    We have examined the impact of this rule as required by Executive Order 12866 on Regulatory Planning and Review (September 30, 1993), Executive Order 13563 on Improving Regulation and Regulatory Review (February 2, 2011), the Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), section 1102(b) of the Act, section 202 of the Unfunded Mandates Reform Act of 1995 (March 22, 1995; Pub. L. 104-4), Executive Order 13132 on Federalism (August 4, 1999) and the Congressional Review Act (5 U.S.C. 804(2)).

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). We have determined that the effect of this rule on the economy and the Medicare program is not economically significant. The rule provides a formal administrative appeal process for MSP recovery claims where the applicable plan is the identified debtor, as opposed to the current process which requires a CMS contractor to consider any defense submitted by an applicable plan but does not provide formal administrative appeal rights.

    The RFA requires agencies to analyze options for regulatory relief of small entities. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of less than $7.5 million to $38.5 million in any 1 year. Individuals and states are not included in the definition of a small entity. We have determined and we certify that this rule would not have a significant economic impact on a substantial number of small entities because there is and will be no change in the administration of the MSP provisions. The changes would simply expand or formalize existing rights with respect to MSP recovery claims pursued directly from an applicable plan. Therefore, we are not preparing an analysis for the RFA.

    In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis (RIA) if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area for Medicare payment regulations and has fewer than 100 beds. We have determined that this rule would not have a significant effect on the operations of a substantial number of small rural hospitals because it would simply expand and/or formalize existing rights with respect to MSP recovery claims pursued directly from an applicable plan. Therefore, we are not preparing an analysis for section 1102(b) of the Act.

    Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2014, that threshold is approximately $141 million. This rule has no consequential effect on State, local, or tribal governments or on the private sector because it would simply expand and/or formalize existing rights with respect to MSP recovery claims pursued directly from an applicable plan.

    Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. Since this regulation does not impose any costs on State or local governments, the requirements of Executive Order 13132 are not applicable.

    In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget.

    List of Subjects in 42 CFR Part 405

    Administrative practice and procedure, Health facilities, Health professions, Kidney diseases, Medical devices, Medicare, Reporting and recordkeeping requirements, Rural areas, X-rays.

    For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR part 405 as set forth below:

    PART 405—FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED 1. The authority citation for part 405 continues to read as follows: Authority:

    Secs. 205(a), 1102, 1861, 1862(a), 1869, 1871, 1874, 1881, 1886(k) of the Social Security Act (42 U.S.C. 405(a), 1302, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr and 1395ww(k)), and sec. 353 of the Public Health Service Act (42 U.S.C. 263a).

    2. Amend § 405.900 by revising paragraph (a) to read as follows:
    § 405.900 Basis and scope.

    (a) Statutory basis. This subpart is based on the following provisions of the Act:

    (1) Section 1869(a) through (e) and (g) of the Act.

    (2) Section 1862(b)(2)(B)(viii) of the Act.

    3. Amend § 405.902 by adding the definition “Applicable plan” in alphabetical order to read as follows:
    § 405.902 Definitions.

    Applicable plan means liability insurance (including self-insurance), no-fault insurance, or a workers' compensation law or plan.

    4. Amend § 405.906 by: A. Revising the section heading. B. Adding new paragraph (a)(4). C. Amending paragraph (c) by adding a sentence at the end of the paragraph.

    The additions and revision read as follows:

    § 405.906 Parties to the initial determinations, redeterminations, reconsiderations, hearings, and reviews.

    (a) * * *

    (4) An applicable plan for an initial determination under § 405.924(b)(16) where Medicare is pursuing recovery directly from the applicable plan. The applicable plan is the sole party to an initial determination under § 405.924(b)(16) (that is, where Medicare is pursuing recovery directly from the applicable plan).

    (c) * * *. This paragraph (c) does not apply to an initial determination with respect to an applicable plan under § 405.924(b)(16).

    4. Amend § 405.910 by: A. Revising paragraph (c)(5). B. Adding paragraph (e)(4). C. Revising paragraph (i)(4).

    The revisions and addition read as follows:

    § 405.910 Appointed representatives.

    (c) * * *

    (5) Identify the beneficiary's Medicare health insurance claim number when the beneficiary is the party appointing a representative;

    (e) * * *

    (4) For an initial determination of a Medicare Secondary Payer recovery claim, an appointment signed by an applicable plan which has party status in accordance with § 405.906(a)(1)(iv) is valid from the date that appointment is signed for the duration of any subsequent appeal, unless the appointment is specifically revoked.

    (i) * * *

    (4) For initial determinations and appeals involving Medicare Secondary Payer recovery claims where the beneficiary is a party, the adjudicator sends notices and requests to both the beneficiary and the beneficiary's representative, if the beneficiary has a representative.

    5. Amend § 405.921 by: A. In paragraph (a)(1), removing “;” and adding in its place “.” B. In paragraph (a)(2) introductory text, removing the phrase “must contain—” and adding in its place the phrase “must contain all of the following:” C. In paragraphs (a)(2)(i) and (a)(2)(ii), removing “;” and adding in its place ”.” D. In paragraph (a)(2)(iii), removing “; and” and adding in its place ”.” E. Redesignating the second and third sentences of paragraph (b)(1) as paragraphs (b)(1)(i) and (ii), respectively. F. In paragraph (b)(2) introductory text, removing the phrase “must contain:” and adding in its place the phrase “must contain all of the following:” G. In paragraphs (b)(2)(i) through (b)(2)(iv), removing “;” and add in its place “.” H. In paragraph (b)(2)(v), removing “; and” and add in its place “.” I. Adding paragraph (c) to read as follows:
    § 405.921 Notice of initial determination.

    (c) Notice of initial determination sent to an applicable plan—(1) Content of the notice. The notice of initial determination under § 405.924(b)(16) must contain all of the following:

    (i) The reasons for the determination.

    (ii) The procedures for obtaining additional information concerning the contractor's determination, such as a specific provision of the policy, manual, law or regulation used in making the determination.

    (iii) Information on the right to a redetermination if the liability insurance (including self-insurance), no-fault insurance, or workers' compensation law or plan is dissatisfied with the outcome of the initial determination and instructions on how to request a redetermination.

    (iv) Any other requirements specified by CMS.

    (2) [Reserved]

    6. Amend § 405.924 by: A. In paragraph (b) introductory text, removing the phrase “with respect to:” and add in its place the phrase “with respect to any of the following:” B. In paragraph (b)(1) through (b)(11) removing “;” and adding in its place “.” D. In paragraph (b)(12) introductory text, removing the “:” and adding in its place “—”. C. Adding paragraph (b)(16).

    The addition reads as follows:

    § 405.924 Actions that are initial determinations.

    (b) * * *

    (16) Under the Medicare Secondary Payer provisions of section 1862(b) of the Act that Medicare has a recovery claim if Medicare is pursuing recovery directly from an applicable plan. That is, there is an initial determination with respect to the amount and existence of the recovery claim.

    7. Amend § 405.926 by: A. In the introductory text, removing the phrase “not limited to -” and adding in its place the phrase “not limited to the following:” B. In the introductory text of paragraph (a), removing the phrase “for example -” and adding in its place the phrase “for example one of the following:” C. In paragraphs (a)(1) and (a)(2), removing “;” and adding in its place “.” D. Adding paragraph (a)(3). E. In paragraphs (b) through (j), removing “;” and adding in its place “.” F. Revising paragraph (k). G. In paragraphs (l) through (q), removing “;” and adding in its place “.” H. In paragraph (r), removing “; and” and adding in its place “.”

    The addition and revision read as follows:

    § 405.926 Actions that are not initial determinations.

    (a) * * *

    (3) Determination under the Medicare Secondary Payer provisions of section 1862(b) of the Act of the debtor for a particular recovery claim.

    (k) Except as specified in § 405.924(b)(16), determinations under the Medicare Secondary Payer provisions of section 1862(b) of the Act that Medicare has a recovery against an entity that was or is required or responsible (directly, as an insurer or self-insurer; as a third party administrator; as an employer that sponsors, contributes to or facilitates a group health plan or a large group health plan; or otherwise) to make payment for services or items that were already reimbursed by the Medicare program.

    8. Add a new § 405.947 to read as follows:
    § 405.947 Notice to the beneficiary of applicable plan's request for a redetermination.

    (a) A CMS contractor must send notice of the applicable plan's appeal to the beneficiary.

    (b) Issuance and content of the notice must comply with CMS instructions.

    9. Amend § 405.980 by revising the section heading to read as follows:
    § 405.980 Reopening of initial determinations, redeterminations, reconsiderations, hearings, and reviews.
    Dated: November 20, 2014. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services. Approved: January 15, 2015. Sylvia M. Burwell, Secretary, Department of Health and Human Services.
    [FR Doc. 2015-04143 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 12 [PS Docket Nos. 13-75 and 11-60; FCC 13-158] Improving 9-1-1 Reliability; Reliability and Continuity of Communications Networks, Including Broadband Technologies AGENCY:

    Federal Communications Commission.

    ACTION:

    Correcting amendment.

    SUMMARY:

    The Federal Communications Commission (Commission) published a document in the Federal Register at 79 FR 3123, January 17, 2014 announcing the effective dates of rules requiring 911 communications providers to take reasonable measures to provide reliable service, as evidenced by an annual certification. That document erroneously stated the date of an initial reliability certification for covered 911 service providers. This document corrects the date of the initial certification.

    DATES:

    This correcting amendment is effective February 27, 2015. An initial certification will be due October 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Eric P. Schmidt, Attorney Advisor, Public Safety and Homeland Security Bureau, (202) 418-1214 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The document published by the Commission in the Federal Register at 79 FR 3123, January 17, 2014, correctly noted that 47 CFR 12.4(c) and (d)(1), which pertain to annual and initial certifications, contain information collection requirements that had not been approved by the Office of Management and Budget (OMB) and would not take effect until such approval was announced in the Federal Register. However, the document erroneously stated that an initial certification pursuant to 47 CFR 12.4(d)(1) would be due “[o]ne year after February 18, 2014,” rather than one year after OMB approval of the associated information collection. In the Federal Register at 79 FR 61785, October 15, 2014, the Commission announced that OMB has approved the information collection for a period of three years and issued Control Number 3060-1202. Accordingly, 47 CFR 12.4(d)(1) became effective October 15, 2014, and an initial certification will be due October 15, 2015.

    List of Subjects in 47 CFR Part 12

    Certification, Telecommunications.

    Accordingly, 47 CFR part 12 is corrected by making the following correcting amendments:

    PART 12—RESILIENCY, REDUNDANCY AND RELIABILITY OF COMMUNICATIONS 1. The authority citation for part 12 continues to read as follows: Authority:

    Sections 1, 4(i), 4(j), 4(o), 5(c), 218, 219, 301, 303(g), 303(j), 303(r), 332, 403, 621(b)(3), and 621(d) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 154(o), 155(c), 218, 219, 301, 303(g), 303(j), 303(r), 332, 403, 621(b)(3), and 621(d), unless otherwise noted

    2. Amend § 12.4 by revising the first sentence in paragraph (d)(1) to read as follows:
    § 12.4 Reliability of covered 911 service providers

    (d) * * *

    (1) Initial reliability certification. One year after October 15, 2014, a certifying official of every covered 911 service provider shall certify to the Commission that it has made substantial progress toward meeting the standards of the annual reliability certification described in paragraph (c) of this section. * * *

    Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2015-03433 Filed 2-26-15; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Chapter VI [Docket No. FTA-2014-0012] RIN 2132-ZA02 Interim Safety Certification Training Program Provisions AGENCY:

    Federal Transit Administration (FTA), DOT.

    ACTION:

    Notice of Final Interim Safety Certification Training Provisions.

    SUMMARY:

    This document announces interim safety certification training provisions for Federal and State Safety Oversight Agency personnel and their contractor support who conduct safety audits and examinations of public transportation systems not otherwise regulated by another Federal agency. This document also announces interim safety certification training provisions for public transportation agency personnel who are directly responsible for safety oversight of public transportation systems that receive Federal transit funding. Additionally, the document outlines voluntary, scalable training available to personnel of State Departments of Transportation and personnel directly responsible for safety oversight of urban and rural bus transit systems.

    DATES:

    The interim provisions are effective May 28, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For program issues, contact Ruth Lyons, FTA, Office of Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-2233 or email: [email protected]). For legal issues, contact Bruce Walker, FTA, Office of Chief Counsel, same address as above, (telephone: 202-366-9109 or email: [email protected]). Office hours are Monday through Friday from 8 a.m. to 6 p.m. (EST), except Federal holidays.

    SUPPLEMENTARY INFORMATION: I. Overview II. Public Comments to the Proposed Interim Safety Certification Training Provisions Federal Register Notice and FTA's Response to Public Comments III. Purpose IV. Applicability V. Interim Safety Certification and Training Components—Revised 1. Safety Management System Training Component (all participants) 2. Technical Training Component (FTA/SSOA/contractor support) VI. Paper Reduction Act VII. Next Steps I. Overview

    On October 1, 2012, the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141) authorized the Federal Transit Administration (FTA) to develop interim safety certification training provisions (interim program) for: 1) FTA and State agency personnel and their contractor support who conduct safety audits and examinations of public transportation systems; and 2) public transportation agency personnel who are directly responsible for safety oversight. A notification announcing FTA's proposed implementation of the interim program and request for comments was published in the Federal Register on April 30, 2014. (See 79 FR 24363).

    In that document, FTA stated that the focus of the interim program would be directed primarily towards requirements for Federal and State Safety Oversight Agency (SSOA) personnel and their contractor support while designated safety oversight personnel of both rail and non-rail transit agencies that receive FTA funding would be voluntary participants. FTA received comments from nineteen entities regarding its proposed implementation of the interim program. This document addresses comments received and explains changes FTA has made to implement the interim program in response to those comments.

    Summary of Changes to the Proposed Interim Program

    The primary focus for the interim program remains on the training requirements for Federal personnel and their contractor support who conduct safety audits and examinations of public transportation systems, and SSOA personnel and their contractor support who conduct safety audits and examinations of rail transit systems. However, as recommended by commenters, FTA is expanding the interim program pursuant to 49 U.S.C. 5329(c)(2), to also require rail transit agency employees who are directly responsible for safety oversight as mandatory instead of voluntary participants. Compliance with the interim program will remain a grant condition for applicable recipients of Federal transit funding.

    Additionally, as a result of comments received, FTA has revised the interim program to recognize the experience and training of those safety professionals who have already completed the curriculum for the Transit Safety Security Program (TSSP) certificate program. These participants will only be required to complete specific Safety Management System (SMS) courses and applicable technical training in accordance with section V of this document. For those who have not yet completed the TSSP program, FTA is updating the curriculum to include an emphasis on SMS tools and techniques to promote the development, implementation and oversight of SMS safety policies, risk management, safety assurance, and safety promotion programs and initiatives. The revised curriculum will continue to support the requirements of 49 CFR part 659, by also providing for organization-wide safety policy, formal methods of identifying hazards and controlling their potential consequences, continual assessment of safety risk, and an effective employee safety reporting system.

    Recognizing that safety enhancement and promotion is of universal interest to the public transportation industry, FTA continues to encourage recipients with both bus and rail transit systems, as well as bus-only systems, to voluntarily participate in appropriate components of the interim provisions and to continue to avail themselves of FTA-sponsored voluntary bus safety training programs.

    As a reminder, pursuant to 49 U.S.C. 5329(c)(1), FTA will establish the permanent Public Transportation Safety Certification Training Program (PTSCTP) through the rulemaking process. To that end, FTA issued an Advance Notice of Proposed Rulemaking (ANPRM) on all aspects of FTA's safety authority, including the training program, which was published in the Federal Register on October 3, 2013. (78 FR 61251, available at: http://www.thefederalregister.org/fdsys/pkg/FR-2013-10-03/pdf/2013-23921.pdf). FTA is reviewing the comments received on the ANPRM and is developing, among other proposals, a notice of proposed rulemaking for the PTSCTP.

    Until the PTSCTP final rule is promulgated, the interim program will be in effect. In the meantime, FTA periodically may revise the interim program following an opportunity for public notice and comment.

    II. Public Comments on the Proposed Interim Safety Certification Training Provisions and FTA's Response

    On April 30, 2014, FTA published a Federal Register document requesting public comment on its proposed implementation of the interim safety certification training provisions of MAP-21 (see 79 FR 24363). FTA received comments from nineteen entities, including trade associations, State Departments of Transportation (State DOTs) public transportation providers, and individuals. This document addresses the comments received and discusses changes FTA has made to the interim safety certification training provisions in response to public comments.

    FTA initially proposed that the interim program contain distinct mandatory and voluntary components. Each mandatory participant was to complete a series of training on SMS principles, tools and techniques. The proposed curriculum for the interim program would be organized around a series of competencies and basic skills that supported training gaps indicated through a review of National Transportation Safety Board (NTSB) accident investigations, SSOA audits, FTA's Program Oversight reviews, annual reports submitted by SSOAs, FTA's National Transit Database (NTD) assessments and special studies.

    In addition, FTA proposed that Federal and SSOA personnel and their respective contractor support would be required to develop technical training plans to address the competency areas specific to the rail transit system(s) for which they exercised safety oversight responsibility (e.g., track inspections, safety systems and technologies, traction power, etc.). FTA proposed that both voluntary and mandatory participants would be able to complete the interim program requirements, on average within three years from initial enrollment, and annual recertification thereafter. Relative to cost, FTA noted that a majority of the cost to participate in the proposed interim program would be an eligible expenditure of Federal financial assistance provided under sections 5307, 5311, and 5329 grants.

    Below are the questions FTA posed for public comment in the Federal Register document, the public's response to those questions, and FTA's response and revisions to the interim program as a result of the public comments:

    1. Are there existing safety certification programs other than those described in this document that FTA should consider for personnel with direct safety oversight of transit systems?

    Fourteen entities responded to this question noting the existence of other safety certification programs that address SMS principles that FTA should consider. Specific reference was made to the National Safety Council, World Safety Organization, Transportation Safety Institute, the American Society of Safety Engineers, Board of Certified Safety Professionals, National Association of Safety Professionals, Federal Railroad Administration (FRA), NTSB, vehicle manufacturer training and certification programs, and safety classes offered through colleges, universities, and technical schools.

    Commenters recommended that FTA provide `transfer credit' for those who have completed the appropriate certification requirements from these or similar programs. Some commenters indicated that FTA's proposed implementation was unreasonable because it did not leverage the existing TSSP Certificate program. They noted that over 700 transit industry personnel have received certificates through the TSSP program. These commenters indicated that the TSSP curriculum already covers a significant number of the competencies that FTA listed in the Appendix to the Federal Register document.

    FTA Response: Upon further review and evaluation of existing FTA-sponsored safety training, FTA concurs with the commenters who recommended that FTA leverage its existing TSSP Certificate programs for the interim program. To that end, FTA is revising the interim safety certification training provisions to include credit for those safety professionals who already have completed the requirements for a TSSP Certificate. These participants will need only complete the supplemental SMS courses noted in Section V of this document within three years of the effective date of the interim program. In addition, SSOA personnel and their respective contractor support will be required to complete the technical training requirement.

    FTA also agrees that the existing TSSP Certificate curriculum should be revised to incorporate the SMS principles FTA has adopted, rather than FTA creating an entirely new curriculum for the interim program. Thus, the training required for participants who have not completed TSSP Certificate training will be very similar to the current TSSP Certificate curriculum, except that the curriculum will be modified to also include SMS principles. These participants would also need to complete the applicable technical training. Similarly, safety professionals who have begun, but not yet completed, the requirements for a TSSP certificate only will need to complete the remaining revised TSSP courses and the supplemental SMS courses noted in Section V. As with the current TSSP program, the revised TSSP program and the additional courses may be completed within three years of the date of enrollment in the TSSP Certificate program.

    Although commenters identified other non-FTA-sponsored SMS safety certification training programs for consideration, at this time FTA will not evaluate non-FTA-sponsored training for credit under the interim program. Credit for this type of training will be evaluated for consideration as FTA develops requirements for the proposed rule for the PTSCTP. However, as recommended by commenters, SSOAs will be able to include non-FTA- sponsored technical training as part of the technical training plan they will provide to FTA for evaluation as discussed in Section V of this document.

    2. How should FTA consider such additional training and certification programs in finalizing the interim provisions?

    Twelve of the fourteen entities who commented on this question indicated that FTA should allow experienced personnel who have already completed safety training requirements to be `grandfathered' from the requirements of the interim program and receive credit for their certifications and experience. A few commenters noted that some of these safety professionals often are utilized as instructors for FTA-sponsored training. Two of the commenters indicated that FTA should not attempt to implement the interim program with significantly new and different requirements because SSO programs must continue to comply with 49 CFR part 659 until three years after the final SSOA rule becomes effective.

    FTA Response: As noted in the response to Question 1 above, FTA agrees in part that credit for existing safety certification and training should be granted for the interim program. As noted in Section V of this document, FTA has revised the training requirements for all participants who have obtained a TSSP Certificate. However, as stated above, FTA will not evaluate and provide credit for alternative certification programs offered through other non-FTA-sponsored programs. As the final rule for the PTSCTP is developed, FTA will revisit this recommendation.

    FTA disagrees with those commenters who suggested that the interim program should not include significantly new and different requirements at this time. FTA recognizes that 49 CFR part 659 remains in effect for the near-term and that the TSSP curriculum for rail certification was developed to support the systems management requirements of part 659. However, the current TSSP curriculum is not fully adaptable to the SMS framework FTA has adopted. FTA believes the revised TSSP curriculum and the SMS training noted in Section V of this document aligns systems management and SMS training while addressing those gaps identified with the current TSSP curriculum.

    3. FTA sought comment on the proposal to require Federal and SSOA personnel and their contractor support to participate in the interim program but allow the voluntary participation of public transportation personnel with direct safety oversight responsibilities.

    FTA received comments from eighteen entities regarding this proposal. Five commenters indicated that all public transportation safety personnel with direct oversight responsibility should be required to participate in the interim program. Eleven commenters specifically recommended that personnel directly responsible for safety oversight of rail transit systems should be required to participate in the interim program. Three commenters indicated that personnel directly responsible for bus safety on the State level or rural bus transit systems should not be required participants in the interim program. One of these commenters noted that the bus transit systems operating within its State were small, rural providers that do not have the resources to participate in the proposed voluntary curriculum of the interim program.

    A number of the commenters indicated that both SSOA personnel and rail transit personnel should receive the same SMS-centric training. These commenters suggested that if rail transit personnel are not required to participate in the interim program, it could result in disjointed implementation of the SMS safety requirements that FTA is introducing across the rail transit industry. These commenters noted that rail transit agency safety oversight personnel should have a strong understanding of both SMS principles and the technical components of their systems which lead to more effective safety management.

    Five commenters also noted that voluntary training requirements for rail transit personnel could result in a lack of participation by these safety partners. They indicated that voluntary participation could be a disincentive for public transit systems to host such training. Commenters noted that FTA's current training delivery model relies on local public transportation systems to host FTA-sponsored training events and voluntary participation could inadvertently increase the costs associated with the training. Three commenters also noted that joint SSOA and rail transit system participation in the interim program could facilitate cooperative relationships between State regulators and the regulated community.

    One commenter suggested that at a minimum, the Chief Safety Officer (or equivalent) of rail transit agencies and their staff should be required to obtain certification. Other commenters indicated that FTA should determine which rail transit personnel should be designated directly responsible for safety oversight, including the chief executive and board of directors. Lastly, one commenter indicated that the interim program should include personnel involved with the design and construction of rail transit systems.

    FTA Response: FTA concurs with the commenters who recommended that rail transit system personnel with direct safety oversight responsibility should be required participants in the interim safety certification training program. FTA agrees with those who noted that both SSOA personnel and rail transit system personnel should receive the same or similar training in order to more effectively implement safety management principles. To that end, pursuant to the authority of 49 U.S.C. 5329(c)(2), the interim requirements noted in Section V also will apply to rail transit system personnel who are directly responsible for safety oversight. However, rail transit systems will not be required to submit technical training plans to FTA.

    On the other hand, FTA does not concur with the recommendation that FTA should determine which specific persons or positions within a rail transit system should be designated as having direct responsibility for safety oversight. Similar to the designation of safety sensitive personnel noted in the FTA Drug and Alcohol regulations, 49 CFR part 655, FTA believes that each rail transit system is in a better position to determine which of its personnel has direct responsibility for safety oversight. FTA understands that the unique organizational framework of each rail transit system does not allow for uniform designation of the same position or function as having direct responsibility for safety oversight. For this reason, each rail transit system will designate its personnel who are required to participate in the interim program based on the function(s) of their position.

    For those commenters who indicated that bus recipients should not be required participants, FTA reiterates that since one of the initial objectives of the interim program is to develop the technical proficiency of rail transit personnel with direct safety oversight responsibility, at this time, non-rail safety oversight personnel are not mandatory participants in the interim program. FTA encourages State DOT personnel and bus transit system personnel who are directly responsible for safety oversight of bus transit systems to voluntarily participate in the interim program. We further emphasize that participation by small rural bus-only transit providers in any component of the interim program will be strictly voluntary. Hence, the scale and level of participation will be left to the discretion of these entities.

    In response to the comment to expand required participants to include personnel involved with the design and construction of rail transit operating systems, FTA notes that MAP-21 does not require their participation in the interim program. Hence, FTA will not require their participation in the interim program.

    4. Are there segments of the existing TSSP program that might be utilized to address the gaps and proposed competencies identified by FTA?

    FTA received comments from twelve entities on this question. Two commenters indicated that FTA did not present sufficient information in the Federal Register document to support its assertion that gaps exist between the TSSP program and the competencies listed in Appendix A that supported the curriculum for the interim program. Two other commenters noted that FTA has not published MAP-21 regulatory safety requirements; therefore, FTA is not yet able to determine what deficiencies exist. They indicated that FTA had not presented sufficient evidence to warrant significant departure from the current FTA-sponsored training.

    Ten of the commenters suggested that FTA take another look at the TSSP curriculum and other FTA-sponsored training before implementing a new and untested training regime. Two of these commenters noted that FTA should wait until it has gained sufficient knowledge and experience, and developed the internal capacity before implementing an extensive new safety certification training program.

    One commenter noted that SMS should not replace current FTA-sponsored training which is based in part on Military Standard 882 series, the military's system safety program. Two commenters also noted that the all-hazards training in the TSSP program is complementary to the SMS-framework that FTA wishes to advance through the interim program.

    FTA Response: As noted in our response in Questions 1 and 2, FTA concurs with the commenters who indicated that requirements for the interim program should include credit for those who have already completed the requirements for a TSSP Certificate. To that end, as reflected in Section V of this document, FTA has revised the interim program to incorporate this recommendation. We also reiterate that FTA recognizes the benefit of the systems-based all-hazards training of the TSSP Certificate program and will retain those provisions in the TSSP curriculum as it is revised.

    Responding to those commenters who indicated FTA has not provided evidence to support the interim program, we note that as stated in the April 30, 2014 Federal Register document, FTA identified training gaps based on review of SSOA audits, FTA program oversight reviews, annual reports submitted by SSOAs, special studies, and FTA's NTD assessments, as well as investigations conducted by the NTSB, and Government Accountability Office reports. FTA continues to find that these references sufficiently document support for the competencies and curriculum developed for the interim program. That review indicated gaps relative to the TSSP curriculum and the SMS framework FTA has adopted for its safety programs. However, based on the recommendation of commenters, FTA reassessed the TSSP Certificate curriculum and agrees with those commenters who noted that it sufficiently reflects a number of SMS principles and should be included in the interim program. To that end, FTA determined that those who have already completed the TSSP Certificate program will be required to complete only the supplemental SMS courses noted in Section V of this document. FTA believes this revised approach to the interim program reasonably responds to those commenters who indicated that the program, as initially proposed, failed to consider the extensive experience and training already achieved by transit safety professionals.

    In response to the commenter who indicated that FTA should not replace the current training program for 49 CFR part 659, which is in part based on the Military Standard 882 series, FTA notes that the revised interim program includes the TSSP Certificate curriculum that was developed to support part 659. Therefore, FTA will proceed with implementing the interim program in accordance with 49 U.S.C. 5329(c)(2).

    5. Is it possible to reduce the time commitment or other burdens associated with the proposed interim provisions, while still providing the necessary SMS and technical training? What additional or alternative training should be considered, and why?

    FTA received comments from seventeen entities on this question. Many of these commenters recommended that FTA leverage the TSSP Certificate program with web-based SMS training as a more appropriate course of action for implementing interim safety certification training, and include a test-out option for those capable of demonstrating proficiency in the relevant training competencies.

    Three commenters noted that FTA should reevaluate the need for 144 hours of SMS-related training that was initially proposed. Other commenters indicated that the three-year timeframe proposed for completing the interim program was impractical based on the timeline between introducing the interim program and implementing the PTSCTP requirements. Three commenters noted that the proposed annual recertification for the interim program would not be realistic and would be an unnecessary administrative compliance burden. Two of the commenters indicated that FTA should provide more specific information regarding recertification/refresher training.

    Several commenters also recommended that FTA develop all of the training and host both technical and classroom training at various rail transit systems across the country. Three commenters suggested that FTA adopt the web-based training model used by the Pipeline and Hazardous Materials Safety Administration (PHMSA).

    One commenter suggested that training requirements for rural and tribal bus transit providers should focus on driver training, drug and alcohol compliance, vehicle maintenance and standards, and the outcome data reported to the NTD. Another commenter recommended that FTA use a “train-the-trainer” approach for training delivery as a means of reducing cost and increasing convenience by expanding the availability of training sites. Lastly, other commenters indicated that FTA should cover the costs associated with the interim program.

    FTA Response: As noted in Section V of this document, the revised curriculum for the interim program adopts the recommendation to reduce the administrative burden for required participants by providing some of the SMS training in a web-based format. Additionally, FTA will grant credit for those participants who have completed the TSSP Certificate program. This action will reduce the administrative burden associated with achieving certification for personnel who have completed the TSSP program from 144 hours over a three-year period to approximately 36 hours per person across a three-year timeframe. FTA has determined that this reduction will not compromise safety because the targeted safety professionals have already achieved much of the requisite safety training through the TSSP Certificate program and any gaps relative to SMS principles will be remediated through participation in the SMS training requirements noted in Section V of this document.

    FTA recognizes that requiring the participation of rail transit system personnel who are directly responsible for safety oversight increases the number of required participants. However, as noted in the April 30, 2014 Federal Register notification, FTA's records show that over 800 industry personnel have already completed the TSSP Certificate program. As a result, many will only need to complete the supplemental SMS courses and web-based training. FTA believes the revised program strikes an appropriate balance for those experienced professionals who have already received a TSSP Certificate, while providing a solid foundation for new safety oversight professionals who will participate in future FTA-sponsored safety training.

    Additionally, FTA concurs with the commenters who indicated that annual refresher training for the interim program would be an unnecessary burden since the PTSCTP rule will likely be in effect by the time most participants have completed the requirements of the interim program. To address this concern, recertification will be required two years after the initial certification instead of one year as initially proposed. FTA continues to find that it is reasonable that the initial requirements of the interim program be completed within a three-year timeframe.

    Regarding training delivery, FTA believes its current training delivery model of allowing public transportation systems to host FTA-sponsored training onsite is effective for the transit industry. FTA believes this practice increases participation and provides a training environment that is relevant to the subject matter. FTA notes that the PHMSA web-based training delivery model cannot fully cross-walk to the training objectives of the interim program because many of the FTA-sponsored courses require in-person delivery. However, FTA recognizes the benefits associated with web-based training and has revised some of the interim program curriculum to include web-based training. As the PTSCTP rule is developed, FTA will look to incorporate additional web-based training where practical.

    In response to the recommendation for the focus of rural bus training requirements, FTA notes that the interim program does not preclude any rural or tribal bus transit agency from continuing to focus on the training needs most relevant to its organization. It is important to note that much of this training is already supported through FTA-sponsored programs for bus safety and technical assistance.

    FTA also supports the recommendation that the interim program adopt a train-the-trainer process. While it is not feasible to develop and implement a train-the-trainer process for the interim program, FTA will consider this recommendation as the agency develops the proposed rule for the PTSCTP.

    With regard to the recommendation that FTA fully fund all costs associated with the interim program, FTA notes that Congress specifically authorized recipients of funds under 49 U.S.C. 5307 and 5311 to use up to 0.5 percent of their Federal formula funds to cover up to 80 percent of the cost of participation by an employee with direct safety oversight responsibility. The FTA ELearning courses are free to public agency staff and the FTA sponsored in-person training charges a small materials fee but does not charge tuition to public agency staff. In addition, recipients of funds pursuant to 49 U.S.C. 5329 are authorized to use grant funds to pay for up to 80 percent of the cost of participation by an SSOA employee. Therefore, FTA is statutorily precluded from funding more than 80 percent of the cost for participating in the interim program.

    6. Is it possible to reduce the time commitment or other burdens associated with the proposed technical training requirements proposed for SSOA personnel and their contractors? Is there additional or alternative technical training that should be considered, and why?

    Fifteen entities responded to this question. Seven commenters suggested that FTA develop the technical training component for the interim program instead of the SSOAs. Three commenters recommended that FTA reinstate the annual SSO training conference and workshop which would assist FTA in delivering training to the SSOAs. Another commenter recommended that SSOAs and rail transit agencies form partnerships with other subject matter experts to conduct technical training best suited for their respective systems.

    Commenters also suggested that credit should be given for existing training and experience, including allowing credit for technical knowledge gained during audits and review of transit maintenance and inspection activities, and that the SSOA should determine the time required for conducting technical training. One commenter also recommended that FTA provide guidance on the level of proficiency expected for the technical program.

    Two commenters requested clarification regarding the training requirements for SSOAs that are responsible for transit systems in multiple jurisdictions. Two other commenters indicated that FTA should take responsibility for determining the appropriate certification requirements for SSOA contractor support with a national certification process. One commenter also noted that the State should be allowed to determine the length of initial and refresher technical training required for its SSOA personnel. Lastly, two commenters suggested that FTA should fund the cost of the interim program beyond the Federal funds provided for under section 5329 grants.

    FTA Response: As indicated by a number of commenters, the SSOAs and rail transit systems already are engaged in activities that promote technical training competencies. Based on public comment, FTA has reviewed the proposed process for developing and conducting technical training requirements for the interim program. Recognizing that more enhanced technical training of FTA, SSOA, and rail transit personnel is an objective of MAP-21, FTA continues to believe that technical training should be tailored to the rail transit system(s) under the SSOA's jurisdiction. With that in mind, FTA concurs with commenters who indicated that each SSOA should determine the specific number of hours of initial and refresher technical training that should be performed by its safety oversight personnel and contractor support.

    However, FTA does not agree that FTA should develop and deliver the technical training for the interim program. In the April 30, 2014 Federal Register document, FTA identified specific competencies common to rail transit systems. FTA believes each SSOA is in a better position to determine how it plans to train to those competency areas. The SSOA is better situated to determine the specifics of its technical training requirements based on the characteristics of the rail systems under its jurisdiction. This approach will allow the SSOA and the rail transit system to collaborate on training issues specific to the physical and operational characteristics of the rail systems and to align training plans with the competency areas identified by FTA.

    With regard to developing the SSOA training plan, FTA notes that one objective of the technical training plan is to align the technical training with the SSO certification work plans that most States have submitted to FTA as part of the requirements under 49 U.S.C. 5329(e). In the technical training plan, the SSOA will identify how its personnel and contractor support will train to the competencies of the technical training component in Section V of this document. Those SSOA's with rail transit systems in multiple jurisdictions will have the option of developing a consolidated technical training plan or preparing separate plans for each rail transit system. FTA will provide technical assistance to the SSOAs in developing the technical training plan and provide a web-based template to assist with this process.

    In addition, FTA concurs with those commenters who indicated that credit should be granted for prior technical training and experience including technical knowledge gained through audits and examinations. FTA also concurs that some of the technical training competencies may be achieved through web-based training. To that end, SSOAs may leverage such training as they develop their technical training plan. FTA also will look to develop technical training courses for e-learning delivery. As these courses come online they can be incorporated in the technical training plan. Also, FTA will consider reconvening the SSOA workshops which could provide opportunities to conduct technical training.

    In response to the recommendation that FTA provide a national certification for contractors who support SSOAs with conducting audits and examinations, FTA notes that the SSOA is responsible for ensuring that its contractors are qualified to perform the requirements of their respective contracts. Contractor personnel performing safety audits and examinations for the SSOA will be required to participate in the same interim safety certification training program noted in Section V as SSOA personnel; therefore, no additional certification process is required.

    Regarding the issue of FTA funding all costs associated with training for the SSO program, FTA notes that Congress has provided for cost-sharing with the States for section 5329 funding for the SSO program. Specifically, Congress has limited the Government share of funding to 80 percent of the cost; therefore, FTA is precluded from funding all of an SSOA's costs for participating in the interim program.

    III. Purpose

    The interim safety certification training provisions are designed to advance FTA's proposed adoption of SMS to improve the safety of public transportation. (See FTA Dear Colleague letter dated May 13, 2013, available at: http://www.fta.dot.gov/newsroom/12910_15391.html). The interim provisions consist of: (1) A required training program promoting SMS and ensuring technical competencies for FTA personnel and contractors who conduct safety audits and examinations and SSOA personnel and contractors who conduct safety audits and examinations of rail transit systems not subject to FRA regulation; (2) a required training program that includes promoting the adoption of SMS for designated rail transit systems employees who are directly responsible for safety oversight; and (3) a voluntary component for personnel who are directly responsible for safety oversight of non-rail transit systems (e.g., passenger ferry, bus, bus rapid transit, and community transportation providers).

    IV. Applicability

    Pursuant to 49 U.S.C. 5329(c)(2), the interim safety certification training provisions will apply to the following covered personnel and will be effective until FTA issues a final rule for the PTSCTP:

    (1) FTA personnel and contractors who conduct safety audits and examinations of public transportation systems; 1

    1 FTA anticipates that this category will include approximately 40 FTA personnel and contractors.

    (2) SSOA personnel and contractors who conduct safety audits and examinations of rail fixed guideway public transportation systems not subject to FRA regulation. In accordance with 49 U.S.C. 5329(e)(3)(E), each SSOA will designate its covered personnel or positions responsible for conducting the applicable safety audits and examinations and identify them in its annual FTA certification reporting requirements; 2

    2 FTA anticipates that this category will include approximately 70 to 120 SSOA personnel and contractors.

    (3) Designated employees of re-cip-i-ents with rail transit systems subject to 49 CFR part 659 who are directly responsible for safety oversight.3

    3 FTA anticipates that this category will include approximately 340 rail transit agency personnel.

    (a) Each recipient will designate its covered personnel who are directly responsible for safety oversight of its rail transit system.

    (b) At a minimum, covered personnel should include the Chief Safety Officer and the primary staff directly responsible for safety oversight of the recipient's rail transit system. Directly responsible means safety staff who participate in the development, implementation or maintenance of the requirements of the oversight agency's program standard.

    (4) The following personnel may voluntarily participate in the applicable interim safety certification training provisions: 4

    4 FTA anticipates that this will include approximately 2000 personnel.

    (a) Personnel employed by recipients of Federal transit funds who are directly responsible for safety oversight of non-rail transit systems (e.g., passenger ferry, bus, bus rapid transit, and community transportation providers); and

    (b) Personnel of State DOTs or other State entities that receive Federal transit funds, who are directly responsible for safety oversight of non-rail transit systems such as passenger ferry, bus, bus rapid transit, and community transportation providers.

    V. Interim Safety Certification and Training Requirements A. Required Curriculum Over a Three-Year Period FTA/SSOA personnel and contractor support, and rail transit agency personnel with direct responsibility for safety oversight of rail transit systems not subject to FRA regulation: ○ One (1) hour course on SMS Awareness—e-learning delivery (all required participants) ○ Two (2) hour course on Safety Assurance—e-learning delivery (all required participants) ○ Two (2) hour SMS Gap course (e-learning for existing TSSP Certificate holders) ○ SMS Principles for Rail Transit (2 days—all required participants) ○ SMS Principles for SSO Programs (2 days—FTA/SSOA/contractor support personnel only) ○ Revised TSSP with SMS Principles Integration (not required of current TSSP Certificate holders—17.5 days for all other covered personnel) ○ Rail System Safety ○ Effectively Managing Transit Emergencies ○ Transit System Security ○ Rail Incident Investigation FTA/SSOA/contractor support personnel (technical training component):

    Each SSOA shall develop a technical training plan for covered personnel and contractor support personnel who perform safety audits and examinations. The SSOA will submit its proposed technical training plan to FTA for review and evaluation as part of the SSOA certification program in accordance with 49 U.S.C. 5329€(7). This review and approval process will support the consultation required between FTA and SSOAs regarding the staffing and qualification of the SSOAs' employees and other designated personnel in accordance with 49 U.S.C. 5329€(3)(D).

    SSOA's should submit their technical training plan to FTA via the following Web site: safety.fta.dot.gov no later than May 28, 2015. FTA will provide technical assistance on a one-on-one basis after the technical training plans are submitted and reviewed.

    Recognizing that each rail fixed guideway public transportation system has unique characteristics, each SSOA will identify the tasks related to inspections, examinations, and audits, and all activities requiring sign-off, which must be performed by the SSOA to carry out its safety oversight requirements, and identify the skills and knowledge necessary to perform each task at that system.

    At a minimum, the technical training plan will describe the process for receiving technical training from the rail transit agencies in the following competency areas appropriate to the specific rail fixed guideway system(s) for which safety audits and examinations are conducted:

    • Agency organizational structure • System Safety Program Plan and Security Program Plan • Knowledge of agency: ○ Territory and revenue service schedules ○ Current bulletins, general orders, and other associated directives that ensure safe operations ○ Operations and maintenance rule books ○ Safety rules ○ Standard Operating Procedures ○ Roadway Worker Protection ○ Employee Hours of Service and Fatigue Management program ○ Employee Observation and Testing Program (Efficiency Testing) ○ Employee training and certification requirements ○ Vehicle inspection and maintenance programs, schedules and records ○ Track inspection and maintenance programs, schedules and records ○ Tunnels, bridges, and other structures inspection and maintenance programs, schedules and records ○ Traction power (substation, overhead catenary system, and third rail), load dispatching, inspection and maintenance programs, schedules and records ○ Signal and train control inspection and maintenance programs, schedules and records

    The SSOA will determine the length of time for the technical training based on the skill level of the covered personnel relative to the applicable rail transit agency(s). FTA will provide a template on its Web site to assist the SSOA with preparing and monitoring its technical training plan and will provide technical assistance as requested. Each SSOA technical training plan that is submitted to FTA for review will:

    ○ Require covered personnel to successfully: Complete training that covers the skills and knowledge the covered personnel will need to effectively perform his or her tasks. Pass a written and/or oral examination covering the skills and knowledge required for the covered personnel to effectively perform his or her tasks. Demonstrate hands-on capability to perform his or her tasks to the satisfaction of the appropriate SSOA supervisor or designated instructor. ○ Establish equivalencies or written and oral examinations to allow covered personnel to demonstrate that they possess the skill and qualification required to perform their tasks. ○ Require biennial refresher training to maintain technical skills and abilities which includes classroom and hands-on training, as well as testing. Observation and evaluation of actual performance of duties may be used to meet the hands-on portion of this requirement, provided that such testing is documented. ○ Require that training records be maintained to demonstrate the current qualification status of covered personnel assigned to carry out the oversight program. Records may be maintained either electronically or in writing and must be provided to FTA upon request. ○ Records must include the following information concerning each covered personnel: Name;

    The title and date each training course was completed and the proficiency test score(s) where applicable;

    The content of each training course successfully completed;

    A description of the covered personnel's hands-on performance applying the skills and knowledge required to perform the tasks that the employee will be responsible for performing and the factual basis supporting the determination;

    The tasks the covered personnel is deemed qualified to perform; and

    Provide the date that the covered personnel's status as qualified to perform the tasks expires, and the date in which biennial refresher training is due.

    ○ Ensure the qualification of contractors performing oversight activities. SSOAs may use demonstrations, previous training and education, and written and oral examinations to determine if contractors possess the skill and qualification required to perform their tasks.

    ○ Periodically assess the effectiveness of the technical training. One method of validation and assessment could be through the use of efficiency tests or periodic review of employee performance.

    B. Voluntary Curriculum Bus transit system personnel with direct safety oversight responsibility and State DOTs overseeing safety programs for 5311 sub-recipients ○ FTA-sponsored Bus Safety Programs ○ One (1) hour course on SMS Awareness—e-learning delivery ○ SMS for Bus Operations ○ TSSP Certificate (Bus) VI. Paperwork Reduction Act

    In February 2014, in compliance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) and the Office of Management and Budget (OMB) implementing regulation at 5 CFR 1320.13, FTA received approval from OMB for an Information Collection for the State Safety Oversight Program (Information Collection number 2132-0558). The recordkeeping necessary to comply with the interim program would be consistent with the recordkeeping required for SSOA and rail fixed guideway public transportation agency training in the approved information collection.

    VII. Next Steps

    1. FTA will host an informational webinar discussing the interim training program on or about 45 days after publication.

    2. Covered personnel will be able to log-in to FTA's Web site safety.fta.dot.gov and establish a user ID and password (the Web site link provided will be live at least 30 days after publication, periodic updates will be provided on the landing page for users). Once this is completed, each participant will be provided with a curriculum which is associated with their category. The dates that registration will open for courses listed in each participant's profile will be provided with the learning profile. Participants will be notified by email when there has been an update to their profile. Once the Web site registration process is completed, users will be able to register for available classroom training, participate in e-learning opportunities and track their progress towards completion of their requirements. If a participant has previously completed a course that is listed in their profile (e.g., TSSP), they may upload a copy of the certificate to their profile at safety.fta.dot.gov.

    3. FTA will provide technical assistance to SSOAs at safety.fta.dot.gov. Each SSOA should submit their technical training plan to FTA via the following Web site: safety.fta.dot.gov no later than May 28, 2015.

    Therese McMillan, Acting Administrator.
    [FR Doc. 2015-03842 Filed 2-26-15; 8:45 am] BILLING CODE P
    80 39 Friday, February 27, 2015 Proposed Rules DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 331 9 CFR Part 121 [Docket No. APHIS-2014-0095] RIN 0579-AE08 Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Advance notice of proposed rulemaking and request for comments.

    SUMMARY:

    In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are soliciting public comment regarding the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. Accordingly, we are soliciting public comment on the current list of select agents and toxins in our regulations and suggestions regarding any addition or reduction of the animal or plant pathogens currently on the list of select agents.

    DATES:

    We will consider all comments that we receive on or before April 28, 2015.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0095.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0095, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0095 or in our reading room, which is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Charles L. Divan, Unit Director, Agricultural Select Agent Services, APHIS, 4700 River Road Unit 2, Riverdale, MD 20737-1231; (301) 851-3300.

    SUPPLEMENTARY INFORMATION:

    The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 provides for the regulation of certain biological agents and toxins that have the potential to pose a severe threat to human, animal, and plant health, or to animal and plant products. The Animal and Plant Health Inspection Service (APHIS) has the primary responsibility for implementing the provisions of the Act within the U.S. Department of Agriculture (USDA). Veterinary Services (VS) select agents and toxins, listed in 9 CFR 121.3, are those that have been determined to have the potential to pose a severe threat to animal health or animal products. Plant Protection and Quarantine (PPQ) select agents and toxins, listed in 7 CFR 331.3, are those that have been determined to have the potential to pose a severe threat to plant health or plant products. Overlap select agents and toxins, listed in 9 CFR 121.4, are those that have been determined to pose a severe threat to public health and safety, to animal health, or to animal products. Overlap select agents are subject to regulation by both APHIS and the Centers for Disease Control and Prevention, which has the primary responsibility for implementing the provisions of the Act for the Department of Health and Human Services.

    Title II, Subtitle B of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (which is cited as the “Agricultural Bioterrorism Protection Act of 2002” and referred to below as the Act), section 212(a), provides, in part, that the Secretary of Agriculture (the Secretary) must establish by regulation a list of each biological agent and each toxin that the Secretary determines has the potential to pose a severe threat to animal or plant health, or to animal or plant products.

    In determining whether to include an agent or toxin in the list, the Act requires that the following criteria be considered:

    • The effect of exposure to the agent or toxin on animal or plant health, and on the production and marketability of animal or plant products;

    • The pathogenicity of the agent or the toxin and the methods by which the agent or toxin is transferred to animals or plants;

    • The availability and effectiveness of pharmacotherapies and prophylaxis to treat and prevent any illness caused by the agent or toxin; and

    • Any other criteria that the Secretary considers appropriate to protect animal or plant health, or animal or plant products.

    Paragraph (a)(2) of section 212 of the Act requires the Secretary to review and republish the list of select agents and toxins every 2 years and to revise the list as necessary. To fulfill this statutory mandate, PPQ and VS each convene separate interagency working groups in order to review the lists of PPQ and VS select agents and toxins, as well as any overlap select agents and toxins, and develop recommendations regarding possible changes to the list using the four criteria for listing found in the Act. In this document, we are asking for comments on the current list 1 of select agents and toxins and on any other significant pathogens so as to inform the working groups as they begin the biennial review process.

    1 You may view the lists of select agents and toxins on the Internet at http://www.selectagents.gov/SelectAgentsandToxinsList.html.

    This action has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget.

    Authority:

    7 U.S.C. 8401; 7 CFR 2.22, 2.80, 371.3, and 371.4.

    Done in Washington, DC, this 23rd day of February 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2015-04180 Filed 2-26-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-2013-BT-STD-0033] RIN 1904-AD02 Energy Conservation Standards for Portable Air Conditioners: Public Meeting and Availability of the Preliminary Technical Support Document AGENCY:

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

    ACTION:

    Notice of public meeting and availability of preliminary technical support document.

    SUMMARY:

    The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the preliminary analysis it has conducted for purposes of establishing energy conservation standards for portable air conditioners (ACs). The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product; and any other issues relevant to the development of energy conservation standards for portable ACs. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available on the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=76.

    DATES:

    Meeting: DOE will hold a public meeting on Wednesday, March 18, 2015, from 1 p.m. to 5 p.m., in Washington, DC. The meeting will also be broadcast as a webinar. See section IV, “Public Participation,” of this notice of public meeting (NOPM) for webinar registration information, participant instructions, and information about the capabilities available to webinar participants.

    Comments: DOE will accept comments, data, and information regarding this preliminary analysis before and after the public meeting, but no later than April 28, 2015. See section IV, “Public Participation,” for details.

    ADDRESSES:

    The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., Washington, DC 20585-0121.

    Any comments submitted must identify docket number EERE-2013-BT-STD-0033 and/or regulatory information number (RIN) number 1904-AD02. Comments may be submitted using any of the following methods:

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

    Email: [email protected] Include the docket number EERE-2013-BT-STD-0033 and/or RIN 1904-AD02 in the subject line of the message.

    Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. [Please note that comments and CDs sent by mail are often delayed and may be damaged by mail screening processes.]

    Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone (202) 586-2945. If possible, please submit all items on CD, in which case it is not necessary to include printed copies.

    Docket: The docket is available for review at www.regulations.gov, including Federal Register notices, comments, and other supporting documents/materials. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.

    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0033. The regulations.gov Web page contains instructions on how to access all documents in the docket, including public comments.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Ronald Majette, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7935. Email: [email protected]

    Ms. Sarah Butler, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-1777. Email: [email protected]

    For further information on how to submit a comment or review other public comments and the docket, contact Ms. Brenda Edwards at (202) 586-2945 or by email: [email protected]

    SUPPLEMENTARY INFORMATION: Table of Contents I. Authority II. History of Energy Conservation Standards Rulemaking for Portable Air Conditioners A. Background B. Current Rulemaking Process III. Summary of the Analyses Performed by DOE A. Engineering Analysis B. Markups To Determine Prices C. Energy Use Analysis D. Life-Cycle Cost and Payback Period Analyses E. National Impact Analysis IV. Public Participation A. Attendance at Public Meeting B. Procedure for Submitting Requests To Speak C. Conduct of Public Meeting D. Submission of Comments V. Approval of the Office of the Secretary I. Authority

    Title III, Part B 1 of the Energy Policy and Conservation Act of 1975, as amended, (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) sets forth a variety of provisions designed to improve energy efficiency and established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program covering most major household appliances.2 EPCA authorizes DOE to establish technologically feasible, economically justified energy conservation standards for covered products or equipment that would be likely to result in significant national energy savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) In addition to specifying a list of covered products, EPCA contains provisions that enable the Secretary of Energy to classify additional types of consumer products as covered products. For a given product to be classified as a covered product, the Secretary must determine that:

    1 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

    2 All references to EPCA in this document refer to the statute as amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).

    (1) Classifying the product as a covered product is necessary for the purposes of EPCA; and

    (2) The average annual per-household energy use by products of each type is likely to exceed 100 kilowatt-hours (kWh) per year. (42 U.S.C. 6292(b)(1))

    To prescribe an energy conservation standard pursuant to 42 U.S.C. 6295(o) and (p) for covered products added pursuant to 42 U.S.C. 6292(b)(1), the Secretary must also determine that:

    (1) The average household energy use of the products has exceeded 150 kWh per household for a 12-month period;

    (2) The aggregate 12-month energy use of the products has exceeded 4.2 terawatt-hours (TWh);

    (3) Substantial improvement in energy efficiency is technologically feasible; and

    (4) Application of a labeling rule under 42 U.S.C. 6294 is unlikely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) that achieve the maximum energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(l)(1))

    Under EPCA, the energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. The testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA, and (2) making representations about the efficiency of those products. Similarly, DOE must use these test procedures to determine whether the products comply with any relevant standards promulgated under EPCA.

    In prescribing a new or amended energy conservation standard, DOE is required to consider standards that: (1) Achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified; and (2) result in significant conservation of energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)) To determine whether a proposed standard is economically justified, DOE will, after receiving comments on the proposed standard, determine whether the benefits of the standard exceed its burdens to the greatest extent practicable, using the following seven factors:

    1. The economic impact of the standard on manufacturers and consumers of products subject to the standard;

    2. The savings in operating costs throughout the estimated average life of the covered products in the type (or class) compared to any increase in the price, initial charges, or maintenance expenses for the covered products which are likely to result from the standard;

    3. The total projected amount of energy savings likely to result directly from the standard;

    4. Any lessening of the utility or the performance of the covered products likely to result from the standard;

    5. The impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the standard;

    6. The need for national energy conservation; and

    7. Other factors the Secretary of Energy considers relevant.

    (42 U.S.C. 6295(o)(2)(B)(i))

    Before proposing a standard, DOE typically seeks public input on the analytical framework, models, and tools that DOE will use to evaluate standards for the product at issue and the results of preliminary analyses DOE performed for the product. This notice announces the availability of the preliminary TSD, which details the preliminary analyses, discusses the comments DOE received from interested parties that are relevant to the rulemaking, and summarizes the preliminary results of DOE's analyses. In addition, DOE is announcing a public meeting to solicit feedback from interested parties on its analytical framework, models, and preliminary results.

    II. History of Energy Conservation Standards Rulemaking for Portable Air Conditioners A. Background

    Under the authority established in EPCA, DOE published a notice of proposed determination that tentatively determined that portable ACs qualify as a covered product. 78 FR 40403 (July 5, 2013). DOE tentatively determined that (1) classifying portable ACs as a covered product is necessary or appropriate to carry out the purposes of EPCA, and (2) the average U.S. household energy use for portable ACs is likely to exceed 100 kilowatt-hours (kWh) per year. (42 U.S.C. 6292(b)(1))

    DOE published a Notice of Data Availability (NODA) on May 9, 2014 (the May 2014 NODA), reviewing various industry test procedures for portable ACs and presenting results from its investigative testing. DOE requested comment and additional information regarding the results and potential methodologies. 79 FR 26639. Comments received in response to the May 2014 NODA have helped DOE identify issues related to the preliminary analyses, as well as informed the analysis for the test procedure rulemaking. On February 12, 2015, DOE issued a notice of proposed rulemaking (NOPR) for a portable AC test procedure which is available at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/79.

    B. Current Rulemaking Process

    DOE typically first develops a framework document that describes the approaches and methods DOE will use in evaluating the need for new or amended standards. For this rulemaking, DOE began the rulemaking process by publishing a notice of proposed determination (NOPD) on July 5, 2013 (hereinafter the “July 2013 NOPD”). 78 FR 40403. After the framework stage, or in this case the NOPD, DOE then presents the initial analytical results in a preliminary TSD such as this one.

    Comments received since publication of the July 2013 NOPD have helped DOE identify and resolve issues related to the preliminary analyses. Chapter 2 of the preliminary TSD summarizes and addresses the comments received.

    III. Summary of the Analyses Performed by DOE

    For the products covered in this rulemaking, DOE conducted in-depth technical analyses in the following areas: (1) Engineering; (2) markups to determine product price; (3) energy use; (4) life-cycle cost and payback period; and (5) national impacts analysis (NIA). The preliminary TSD that presents the methodology and results of each of these analyses is available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=76.

    DOE also conducted, and has included in the preliminary TSD, several other analyses that support the major analyses listed above or are preliminary analyses that will be expanded upon for a NOPR if DOE determines to proceed with an energy conservation standards rulemaking for portable ACs. These analyses include: (1) The market and technology assessment; (2) the screening analysis, which contributes to the engineering analysis; and (3) the shipments analysis, which contributes to the Life-Cycle Costs (LCC) and Payback Period (PBP) analysis and NIA. In addition to these analyses, DOE has begun preliminary work on the manufacturer impact analysis and has identified the methods to be used for the consumer subgroup analysis, the emissions analysis, the employment impact analysis, the regulatory impact analysis, and the utility impact analysis. DOE will expand on these analyses in any subsequent NOPR.

    A. Engineering Analysis

    The engineering analysis establishes the relationship between the cost and efficiency levels of portable ACs. This relationship serves as the basis for the cost-benefit calculations performed for individual consumers and the nation.

    As a first step in the engineering analysis, DOE established one product class, based on a characterization of the relevant portable AC products and markets. For this product class, DOE identified existing technology options that could improve the energy efficiency of portable ACs. DOE then reviewed each technology option to decide whether it (1) is technologically feasible; (2) is practicable to manufacture, install, and service; (3) would adversely affect product utility or product availability; or (4) would have adverse impacts on health and safety. The engineering analysis identifies representative baseline products, which is the starting point for analyzing technologies that provide energy efficiency improvements. “Baseline product” refers to a model or models having features and technologies typically found in minimally efficient products currently available on the market. DOE then identified design options to improve the efficiency of portable ACs and considered these options in the analysis as candidate standard levels (CSLs). DOE estimated the manufacturer production costs for the baseline and each of the four CSLs. The manufacturer production costs were derived from product teardowns, using more efficient components and modeling efficiency savings from alternative product configurations. The main outputs of the engineering analysis are the manufacturer production costs (including material, labor, and overhead) and efficiencies at the baseline and each of 4 CSLs as a function of cooling capacity for the single product class. Chapter 5 of the preliminary TSD discusses the engineering analysis.

    B. Markups To Determine Prices

    DOE derives customer prices based on manufacturer markups, retailer markups, distributor markups, contractor markups (where appropriate), and sales taxes. In deriving these markups, DOE determines the major distribution channels for product sales, the markup associated with each party in each distribution channel, and the existence and magnitude of differences between markups for baseline products (baseline markups) and higher-efficiency products (incremental markups). DOE calculates both overall baseline and overall incremental markups based on the markups at each step in each distribution channel. Chapter 6 of the preliminary TSD addresses the markups analysis.

    C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy consumption of portable ACs. The energy use analysis seeks to estimate the range of energy consumption of the products that meet each of the efficiency levels considered in a given rulemaking as they are used in the field. DOE uses these values in the LCC and PBP analyses and in the NIA. Chapter 7 of the preliminary TSD addresses the energy use analysis.

    D. Life-Cycle Cost and Payback Period Analyses

    The life-cycle cost (LCC) and payback period (PBP) analyses determine the economic impact of potential standards on individual consumers. The LCC is the total cost of purchasing, installing, and operating a portable AC over the course of its lifetime. The LCC analysis compares the LCC of a portable AC designed to meet possible energy conservation standards with the LCC of a portable AC likely to be installed in the absence of standards. DOE determines LCCs by considering: (1) Total installed cost to the consumer (which consists of manufacturer selling price, distribution chain markups, and sales taxes); (2) the range of annual energy consumption of portable ACs that meet each of the efficiency levels considered as they are used in the field; (3) the operating cost of portable ACs (e.g., energy cost); (4) portable AC lifetime; and (5) a discount rate that reflects the real consumer cost of capital and puts the LCC in present-value terms. The PBP represents the number of years needed to recover the increase in purchase price of higher efficiency portable ACs through savings in the operating cost. PBP is calculated by dividing the incremental increase in installed cost of the higher efficiency product, compared to the baseline product, by the annual savings in operating costs.

    For portable ACs, DOE determined the range in annual energy consumption using outputs from the engineering analysis (power consumption at each efficiency level) and from publically available information on portable ACs. Total installed costs at each CSL are based on the engineering and markups analysis. Recognizing that several inputs to the determination of consumer LCC and PBP are either variable or uncertain (e.g., annual energy consumption, product lifetime, electricity price, discount rate), DOE conducts the LCC and PBP analysis by modeling both the uncertainty and variability in the inputs using Monte Carlo simulation and probability distributions.

    The average annual energy consumption derived in the LCC analysis is used as an input in the NIA. Chapter 8 of the preliminary TSD addresses the LCC and PBP analyses.

    E. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net present value (NPV) of total consumer costs and savings expected to result from potential new standards at each CSL. DOE calculated NES and NPV for each CSL as the difference between a base-case forecast (without new standards) and the standards-case forecast (with standards). Cumulative energy savings are the sum of the annual NES determined for the lifetime of portable ACs shipped during the analysis period. Energy savings include the full-fuel cycle energy savings (i.e., the energy needed to extract, process, and deliver primary fuel sources such as coal and natural gas, and the conversion and distribution losses of generating electricity from those fuel sources). The NPV is the sum over time of the discounted net savings each year, which consists of the difference between total operating cost savings and increases in total installed costs. NPV results are reported for discount rates of 3 percent and 7 percent.

    To calculate the NES and NPV, DOE projected future shipments and efficiency distributions (for each CSL) for the single portable AC product class. DOE recognizes the uncertainty in projecting shipments and efficiency distributions, and as a result the NIA includes several different scenarios for each. Other inputs to the NIA include the estimated portable AC lifetime, consumer product costs, and average annual energy savings. Chapter 10 of the preliminary TSD addresses the NIA.

    IV. Public Participation

    DOE invites input from the public on all the topics described above. The preliminary analytical results are subject to revision following further review and input from the public. A complete and revised TSD will be made available upon issuance of a NOPR. The final rule establishing any new energy conservation standards will contain the final analytical results and will be accompanied by a final rule TSD.

    DOE encourages those who wish to participate in the public meeting to obtain the preliminary TSD from DOE's Web site and to be prepared to discuss its contents. Once again, a copy of the preliminary TSD is available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=76. However, public meeting participants need not limit their comments to the topics identified in the preliminary TSD; DOE is also interested in receiving views concerning other relevant issues that participants believe would affect energy conservation standards for this product or that DOE should address in the NOPR.

    Furthermore, DOE welcomes all interested parties, regardless of whether they participate in the public meeting, to submit in writing by April 28, 2015 comments, data, and information on matters addressed in the preliminary TSD and on other matters relevant to consideration of energy conservation standards for portable ACs.

    The public meeting will be conducted in an informal conference style. A court reporter will be present to record the minutes of the meeting. There shall be no discussion of proprietary information, costs or prices, market shares, or other commercial matters regulated by United States antitrust laws.

    After the public meeting and the closing of the comment period, DOE will consider all timely-submitted comments and additional information obtained from interested parties, as well as information obtained through further analyses. Afterwards, the Department will publish either a determination that standards for portable ACs are not appropriate or a NOPR proposing to establish standards. The NOPR will include proposed energy conservation standards for the products covered by the rulemaking, and members of the public will be given an opportunity to submit written and oral comments on the proposed standards.

    A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES and ADDRESSES sections at the beginning of this notice. Please note that foreign nationals participating in the public meeting are subject to advance security screening procedures which require advance notice prior to attendance at the public meeting. If a foreign national wishes to participate in the public meeting, please inform DOE of this fact as soon as possible by contacting Ms. Regina Washington at (202) 586-1214 or by email: [email protected] so that the necessary procedures can be completed.

    DOE requires visitors to with laptop computers and other devices, such as tablets, to be checked upon entry into the building. Any person wishing to bring these devices into the Forrestal Building will be required to obtain a property pass. Visitors should avoid bringing these devices, or allow an extra 45 minutes to check in. Please report to the visitor's desk to have devices checked before proceeding through security.

    Due to the REAL ID Act implemented by the Department of Homeland Security (DHS), there have been recent changes regarding ID requirements for individuals wishing to enter Federal buildings from specific states and U.S. territories. Driver's licenses from the following states or territory will not be accepted for building entry and one of the alternate forms of ID listed below will be required. DHS has determined that regular driver's licenses (and ID cards) from the following jurisdictions are not acceptable for entry into DOE facilities: Alaska, American Samoa, Arizona, Louisiana, Maine, Massachusetts, Minnesota, New York, Oklahoma, and Washington. Acceptable alternate forms of Photo-ID include: U.S. Passport or Passport Card; an Enhanced Driver's License or Enhanced ID-Card issued by the states of Minnesota, New York or Washington (Enhanced licenses issued by these states are clearly marked Enhanced or Enhanced Driver's License); a military ID or other Federal government issued Photo-ID card.

    In addition, you can attend the public meeting via webinar. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=76. Participants are responsible for ensuring their systems are compatible with the webinar software.

    B. Procedure for Submitting Requests To Speak

    Any person who has an interest in today's document or who is a representative of a group or class of persons that has an interest in these issues may request an opportunity to make an oral presentation. Such persons may hand-deliver requests to speak, along with a computer diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format to Ms. Brenda Edwards at the address shown in the ADDRESSES section at the beginning of this document between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. Requests may also be sent by mail to the address shown in the ADDRESSES section or email to [email protected]

    C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting and may also employ a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 6306) A court reporter will record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. After the public meeting, interested parties may submit further comments on the proceedings as well as on any aspect of the rulemaking until the end of the comment period.

    The public meeting will be conducted in an informal conference style. DOE will present summaries of comments received before the public meeting, allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a prepared general statement (within DOE-determined time limits) prior to the discussion of specific topics. DOE will permit other participants to comment briefly on any general statements.

    At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer questions from DOE and other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the public meeting.

    A transcript of the public meeting will be posted on the DOE Web site and will also be included in the docket, which can be viewed as described in the Docket section at the beginning of this notice. In addition, any person may buy a copy of the transcript from the transcribing reporter.

    D. Submission of Comments

    DOE will accept comments, data, and other information regarding this rulemaking before or after the public meeting, but no later than the date provided at the beginning of this notice. Please submit comments, data, and other information as provided in the ADDRESSES section. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid the use of special characters or any form of encryption. Comments in electronic format should be identified by the Docket Number EERE-20XX-BT-STD-0033 and/or RIN 1904-AD02 and, wherever possible, carry the electronic signature of the author. No telefacsimiles (faxes) will be accepted.

    Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: One copy of the document including all the information believed to be confidential and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination as to the confidential status of the information and treat it according to its determination.

    Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) a date upon which such information might lose its confidential nature due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.

    V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this NOPM.

    Issued in Washington, DC, on February 13, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2015-04110 Filed 2-26-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No.FAA-2015-0426; Notice No. 25-15-03-SC] Special Conditions: Bombardier Aerospace Incorporated, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Electronic Flight Control System: Pitch and Roll Limiting Functions AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed special conditions.

    SUMMARY:

    This action proposes special conditions for the Bombardier Aerospace Models BD-500-1A10 and BD-500-1A11 Series Airplanes. These airplanes will have a novel or unusual design feature associated with the fly-by-wire electronic flight control system (EFCS) that limits pitch- and roll-attitude functions to prevent the airplane from attaining certain pitch attitudes and roll angles. This system generates the actual surface commands that provide for stability augmentation and flight control for all three-airplane axes (longitudinal, lateral, and directional). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

    DATES:

    Send your comments on or before April 13, 2015.

    ADDRESSES:

    Send comments identified by docket number FAA-2015-0426 using any of the following methods:

    Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending your comments electronically.

    Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

    Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: Fax comments to Docket Operations at 202-493-2251.

    Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.

    Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Joe Jacobsen, FAA, Standardization Branch, ANM-113 Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2011; facsimile 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

    We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

    Background

    On December 10, 2009, Bombardier Aerospace applied for a type certificate for their new Models BD-500-1A10 and BD-500-1A11 series airplanes (hereafter collectively referred to as “CSeries”). The CSeries airplanes are swept-wing monoplanes with an aluminum alloy fuselage, sized for 5-abreast seating. Passenger capacity is designated as 110 for the Model BD-500-1A10 and 125 for the Model BD-500-1A11. Maximum takeoff weight is 131,000 pounds for the Model BD-500-1A10 and 144,000 pounds for the Model BD-500-1A11. The CSeries airplanes will have a fly-by-wire EFCS.

    Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, Bombardier Aerospace must show that the CSeries airplane meets the applicable provisions of part 25, as amended by Amendments 25-1 through 25-129.

    If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Bombardier CSeries airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

    Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

    In addition to the applicable airworthiness regulations and special conditions, the Bombardier CSeries airplane must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36, and the FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92-574, the “Noise Control Act of 1972.”

    The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.17(a)(2).

    Novel or Unusual Design Features

    The Bombardier CSeries airplane will incorporate the following novel or unusual design feature: Fly-by-wire EFCS that will limit pitch and roll attitude functions to prevent the airplane from attaining certain pitch attitudes and roll angles greater than plus or minus 65 degrees, and positive spiral stability introduced for roll angles greater than 30 degrees at speeds below VMO/MMO. This system generates the actual surface commands that provide for stability augmentation and flight control for all three-airplane axes (longitudinal, lateral, and directional).

    Discussion

    Part 25 does not specifically relate to flight characteristics associated with fixed attitude limits. Bombardier proposes on the CSeries to implement pitch and roll attitude-limiting functions via the EFCS normal mode. This will prevent the airplane from attaining certain pitch attitudes and roll angles greater than plus or minus 65 degrees. In addition, positive spiral stability, introduced for roll angles greater than 30 degrees at speeds below VMO/MMO, and spiral stability characteristics must not require excessive pilot strength to achieve bank angles up to the bank angle limit.

    These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

    Applicability

    As discussed above, these special conditions are applicable to the Bombardier CSeries airplane. Should Bombardier Aerospace apply later for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

    Conclusion

    This action affects only certain novel or unusual design features on Bombardier CSeries airplanes. It is not a rule of general applicability.

    List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping requirements.

    The authority citation for these special conditions is as follows:

    Authority:

    49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

    The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the following special conditions as part of the type certification basis for the Bombardier CSeries airplanes.

    In addition to § 25.143, the following requirements apply to the EFCS pitch and roll limiting functions:

    1. The pitch limiting function must not impede normal maneuvering for pitch angles up to the maximum required for normal maneuvering, including a normal all-engines operating takeoff, plus a suitable margin to allow for satisfactory speed control.

    2. The pitch and roll limiting functions must not restrict or prevent attaining pitch attitudes necessary for emergency maneuvering or roll angles up to 65 degrees. Spiral stability, which is introduced above 30 degrees roll angle, must not require excessive pilot strength to achieve these roll angles. Other protections, which further limit the roll capability under certain extreme angle-of-attack, attitude, or high-speed conditions, are acceptable, as long as they allow at least 45 degrees of roll capability.

    3. A lower limit of roll is acceptable beyond the overspeed warning if it is possible to recover the airplane to the normal flight envelope without undue difficulty or delay.

    Issued in Renton, Washington, on February 19, 2015. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-04050 Filed 2-26-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1926 [Docket No. OSHA-2015-0002] Special Meeting: Advisory Committee on Construction Safety and Health (ACCSH) AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Announcement of special meeting of the ACCSH.

    SUMMARY:

    ACCSH will hold a special meeting March 31-April 1, 2015, in Washington, DC, to consider a proposed rule to revise OSHA's crane operator qualification requirement in the Cranes and Derricks in Construction standard.

    DATES:

    ACCSH will meet from 9 a.m. to 5 p.m., Tuesday, March 31, 2015, and from 9 a.m. to 1 p.m., Wednesday, April 1, 2015.

    Submit (postmark, send, transmit) comments, requests to address the ACCSH meeting, speaker presentations (written or electronic), and requests for special accommodations for the ACCSH meeting by March 20, 2015.

    ADDRESSES:

    Submission of comments, requests to speak, and speaker presentations for the ACCSH meeting: Submit comments, requests to speak, and speaker presentations for the ACCSH meeting, using one of the following methods:

    Electronically: Submit materials, including attachments, electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the on-line instructions for submissions.

    Facsimile (Fax): If the submission, including attachments, does not exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-1648.

    Regular mail, express mail, hand delivery, or messenger (courier) service: Submit materials to the OSHA Docket Office, Docket No. OSHA-2015-0002, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-2350 (TTY (877) 889-5627). OSHA's Docket Office accepts deliveries (hand deliveries, express mail, and messenger service) during normal business hours, 8:15 a.m.-4:45 p.m., e.t., weekdays.

    Instructions: Submissions must include the agency name and docket number for this Federal Register document (Docket No. OSHA-2015-0002). Due to security-related procedures, submissions by regular mail may experience significant delays. Please contact the OSHA Docket Office for information about security procedures for making submissions. For additional information on submitting comments, requests to speak, and speaker presentations, see the SUPPLEMENTARY INFORMATION section of this document.

    OSHA will post comments, requests to speak, and speaker presentations, including any personal information provided, without change, at http://www.regulations.gov. Therefore, OSHA cautions you about submitting personal information such as Social Security numbers and birthdates.

    Location of the ACCSH meeting: ACCSH will meet in Room N-4437 A-D, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.

    Requests for special accommodations: Please submit requests for special accommodations to attend the ACCSH meeting to Ms. Gretta Jameson, OSHA, Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    For general information about ACCSH and ACCSH meetings: Mr. Damon Bonneau, OSHA, Directorate of Construction, Room N-3468, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-2020; email: [email protected]

    Copies of this Federal Register document: Electronic copies of this Federal Register document are available at http://www.regulations.gov. This document, as well as news releases and other relevant information, also are available on the OSHA Web page at http://www.osha.gov.

    SUPPLEMENTARY INFORMATION:

    ACCSH Meeting

    Background: ACCSH will meet March 31-April 1, 2015, in Washington, DC. The meeting is open to the public. OSHA transcribes ACCSH meetings and prepares detailed minutes of meetings. OSHA places the transcript and minutes in the public docket for the meeting. The docket also includes speaker presentations, comments, and other materials submitted to ACCSH.

    ACCSH advises the Secretary of Labor and the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary) in the formulation of standards affecting the construction industry, and on policy matters arising in the administration of the safety and health provisions under the Contract Work Hours and Safety Standards Act (Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH Act and CSA require that the Assistant Secretary consult with ACCSH before the Agency proposes any occupational safety and health standard affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704).

    Meeting agenda: The tentative agenda for this meeting includes:

    • Assistant Secretary's Agency update and remarks;

    • Presentation on OSHA's Proposed Rule to revise the Crane Operator Qualification requirement in the Cranes and Derricks in Construction standards (29 CFR part 1926, subpart CC).

    • Public Comment Period.

    • ACCSH's consideration of, and recommendation on, OSHA's Proposed Rule to revise the Crane Operator Qualification requirement in the Cranes and Derricks in Construction standards (29 CFR part 1926, subpart CC).

    Attending the meeting: Individuals attending the meeting at the U.S. Department of Labor must enter the building at the visitors' entrance, 3rd and C Streets NW., and pass through building security. Attendees must have valid government-issued photo identification (such as a driver's license) to enter the building. For additional information about building-security measures for attending ACCSH meetings, please contact Ms. Jameson (see “Requests for special accommodations” in the ADDRESSES section of this document).

    Requests to speak and speaker presentations: ACCSH will receive public comments on March 31, 2015, from 10:30 a.m. to 5 p.m. Attendees who want to address ACCSH at the meeting must submit a request to speak, as well as any written or electronic presentation, by March 20, 2015, using one of the methods listed in the ADDRESSES section. All public comments to ACCSH will be limited to 15 minutes per person or organization. The request to speak must state:

    • The interest you represent (e.g., business, organization, affiliation), if any; and

    • A brief outline of your presentation.

    PowerPoint presentations and other electronic materials must be compatible with PowerPoint 2010 and other Microsoft Office 2010 formats.

    Alternately, at the ACCSH meeting, you may request to address ACCSH briefly by signing the public-comment request sheet and listing the topic(s) you will address. You also must provide 20 hard copies of any materials, written or electronic, you want to present to ACCSH.

    The ACCSH Chair may grant requests to address ACCSH as time and circumstances permit.

    Public docket of the ACCSH meeting: OSHA will place comments, requests to speak, and speaker presentations, including any personal information you provide, in the public docket of this ACCSH meeting without change, and those documents may be available online at: http://www.regulations.gov. OSHA also places in the public docket the meeting transcript, meeting minutes, documents presented at the ACCSH meeting, and other documents pertaining to the ACCSH meeting. These documents are available online at: http://www.regulations.gov.

    Access to the public record of ACCSH and ACCSH Workgroup meetings: To read or download documents in the public docket of this ACCSH meeting, go to Docket No. OSHA-2015-0002 at: http://www.regulations.gov. The http://www.regulations.gov index also lists all documents in the public record for this meeting; however, some documents (e.g., copyrighted materials) are not publicly available through that Web page. All documents in the public record, including materials not available through http://www.regulations.gov, are available for inspection and copying in the OSHA Docket Office (see ADDRESSES section). Contact the OSHA Docket Office for assistance in making submissions to, or obtaining materials from, the public docket.

    Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this document under the authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C. App. 2; 29 CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on February 23, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2015-03990 Filed 2-26-15; 8:45 am] BILLING CODE 4510-26-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2014-1017] RIN 1625-AA00 Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone throughout the Marine Safety Unit Savannah Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety zone regulations to better meet the needs of the Ports of Savannah and Brunswick. This action would establish safety zones in the event natural or manmade disasters affect navigable waterways within the Marine Safety Unit Savannah Captain of the Port Zone.

    DATES:

    Comments and related material must be received by the Coast Guard on or before April 1st, 2015. Requests for a public meeting must be received by the Coast Guard by April 1st, 2015.

    ADDRESSES:

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

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

    (2) Fax: 202-493-2251.

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

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

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Marine Science Technician First Class Zeke Rissman, Marine Safety Unit Savannah Prevention Department, Coast Guard; telephone (912) 652-4353 ext.241, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    Table of Acronyms

    DHS Department of Homeland Security

    FR Federal Register

    NPRM Notice of Proposed Rulemaking

    A. Public Participation and Request for Comments

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

    1. Submitting Comments

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

    To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2014-1017] in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

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

    2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2014-1017) in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    3. Privacy Act

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

    4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

    C. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's authority to establish regulated navigation areas and limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1.

    The purpose of these proposed regulations is to ensure the safety of life on navigable waters of the United States through the addition of regulations in the event of natural and other disasters.

    D. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone throughout the Marine Safety Unit Savannah Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety and security zone regulations within the Ports of Savannah and Brunswick. This action would establish a safety zone in the event of a disaster affecting navigable waterways within the Marine Safety Unit Savannah Captain of the Port Zone.

    E. Regulatory Analyses

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

    1. Regulatory Planning and Review

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

    The regulations that are being added are not expected to have a significant regulatory action due to the infrequency of use for the safety zones.

    2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities.

    For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities.

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

    3. Assistance for Small Entities

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

    4. Collection of Information

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

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

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

    8. Taking of Private Property

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

    9. Civil Justice Reform

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

    10. Protection of Children From Environmental Health Risks

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

    11. Indian Tribal Governments

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

    12. Energy Effects

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

    13. Technical Standards

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

    14. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves waterway use restrictions that would be otherwise published as a Temporary Final Rule within the Savannah Captain of the Port Zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.732 to read as follows:
    § 165.732 Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA.

    (a) Regulated Areas. The following areas are established as safety zones during the specified conditions:

    (1) Savannah, GA. All waters within the Port of Savannah, GA, encompassed within following locations: starting at the demarcation line drawn across the seaward extremity of the Savannah River entrance, and encompassing all of the waters of the Savannah River, Savannah GA.

    (2) Brunswick, GA. All waters starting at the demarcation line drawn across the seaward extremity of the Savannah River entrance, and encompassing all of the waters of the Brunswick River, Brunswick GA.

    (3) All coordinates are North American Datum 1983.

    (b) Definition.

    (1) The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Savannah in the enforcement of the regulated area.

    (2) Hurricane Port Condition YANKEE. Set when weather advisories indicate that sustained Gale Force winds from a tropical or hurricane force storm are predicted to make landfall at the port within 24 hours.

    (3) Hurricane Port Condition ZULU. Set when weather advisories indicate that sustained Gale Force winds from a tropical or hurricane force storm are predicted to make landfall at the port within 12 hours.

    (c) Regulations.

    (1) Hurricane Port Condition YANKEE. All commercial, oceangoing vessels and barges over 500 gross tons are prohibited from entering the regulated areas designated as being in Port Condition YANKEE; within 24 hours of anticipated landfall of gale force winds (39mph) from tropical or hurricane force storm; or upon the Coast Guard setting Port Condition YANKEE for inbound ocean going commercial vessel traffic over 500 GT. Oceangoing commercial vessel traffic outbound will be authorized to transit through the regulated areas until Port Condition ZULU.

    (2) Hurricane Port Condition ZULU. All commercial, oceangoing vessels and barges over 500 gross tons are prohibited from entering the regulated areas designated as being in Port Condition ZULU; within 12 hours of anticipated landfall of a tropical storm or hurricane; or upon the Coast Guard setting Port Condition ZULU, unless written permission is obtained from the Captain of the Port. All ship-to-shore cargo operations must cease six hours prior to setting Port Condition Zulu.

    (3) Emergency Waterway Restriction for Other Disasters. Any natural or other disasters that are anticipated to affect the Captain of the Port Savannah area of responsibility will result in the prohibition of commercial vessel traffic transiting or remaining in any of the two regulated areas predicted to be affected as designated by the Captain of the Port Savannah.

    (4) Persons and vessels desiring to enter, transit through, anchor in, or remain in the regulated area may contact the Captain of the Port Savannah via telephone at (912) 247-0073, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain in the regulated area is granted by the Captain of the Port Savannah or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Savannah or a designated representative.

    (5) Coast Guard Marine Safety Unit Savannah will attempt to notify the maritime community of periods during which these safety zones will be in effect via Broadcast Notice to Mariners or by on-scene designated representatives.

    (6) The Coast Guard will provide notice of the regulated area via Broadcast Notice to Mariners or by on-scene designated representatives.

    (7) This regulation does not apply to authorized law enforcement agencies operating within the regulated area.

    Dated: February 2, 2015. A.M. Beach, Commander, U.S. Coast Guard, Captain of the Port Savannah.
    [FR Doc. 2015-04163 Filed 2-26-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900-AP13 Schedule for Rating Disabilities; Gynecological Conditions and Disorders of the Breast AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) proposes to amend the portion of the VA Schedule for Rating Disabilities (VASRD or rating schedule) that addresses gynecological conditions and disorders of the breast. The purpose of these changes is to incorporate medical advances that have occurred since the last review, update current medical terminology, and provide clear evaluation criteria. The proposed rule reflects advances in medical knowledge, recommendations from the Gynecological Conditions and Disorders of the Breast Work Group (Work Group), which is comprised of subject matter experts from both the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA), and comments from experts and the public gathered as part of a public forum. The public forum, focusing on revisions to the gynecological conditions and disorders of the breast section of the VASRD, was held on January 24, 2012.

    DATES:

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

    ADDRESSES:

    Written comments may be submitted through www.Regulations.gov; by mail or hand-delivery to Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AP13—Schedule for Rating Disabilities; Gynecological Conditions and Disorders of the Breast.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Ioulia Vvedenskaya, Medical Officer, Part 4 VASRD Regulations Staff (211C), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)

    SUPPLEMENTARY INFORMATION:

    As part of VA's ongoing revision of the VA Schedule for Rating Disabilities (VASRD or rating schedule), VA proposes changes to 38 CFR 4.116, which pertains to gynecological conditions and disorders of the breast. The proposed changes will: (1) Update the medical terminology of certain gynecological conditions and disorders of the breast, (2) add medical conditions not currently in the rating schedule, and (3) refine evaluation criteria based on medical advances that have occurred since the last revision and current understanding of functional changes associated with or resulting from disease or injury (pathophysiology).

    Schedule of Ratings—Gynecological Conditions and Disorders of the Breast

    Section 4.116 currently lists 19 diagnostic codes encompassing conditions involving injury or disease of female reproductive organs and of the breast. VA proposes to revise these codes, through addition, removal, or other revisions, to reflect current medical science and terminology, and functional impairment.

    Diagnostic Code 7610 “Vulva, disease or injury of (including vulvovaginitis)”

    Current diagnostic code 7610 addresses impairments associated with disease or injury of the vulva. The vulva refers to the exterior anatomical portion of the female genitalia and includes the clitoris. “Vulva,” Mayo Clinic, http://www.mayoclinic.org/vulva/img-20005974 (last visited June 20, 2014). To provide clarity as to the applicability of this diagnostic code and to promote consistent and adequate evaluations, VA proposes to update the title of this diagnostic code to specifically include injury or disease of the clitoris, in addition to the vulva.

    Diagnostic Code 7615 “Ovary, disease, injury, or adhesions of”

    Current diagnostic code 7615 addresses impairments associated with disease, injury or adhesions of the ovaries. VA proposes to place a note under diagnostic code 7615 to identify two common diseases associated with ovarian dysfunction resulting in abnormal menstrual cycles: Dysmenorrhea and secondary amenorrhea. Dysmenorrhea is pain associated with menstruation and is the most commonly reported menstrual disorder. “Dysmenorrhea,” American College of Obstetricians and Gynecologists (July 2012), http://www.acog.org/~/media/For%20Patients/faq046.pdf?dmc=1&ts=20130904T1049007771 (last visited Jan. 21, 2014). Secondary amenorrhea occurs when a woman who has been having normal menstrual cycles stops menstruating for 6 or more months. Tarannum Master-Hunter & Diana L. Heiman, “Amenorrhea: Evaluation and Treatment,” 73 American Family Physician 1374, 1374-82 (2006). The proposed note will state that for the purpose of disability evaluation, a disease, injury, or adhesions of the ovaries resulting in ovarian dysfunction affecting the menstrual cycle, such as dysmenorrhea and secondary amenorrhea, shall be rated under diagnostic code 7615.

    Diagnostic Code 7619 “Ovary, removal of”

    Diagnostic code 7619, “Ovary, removal of,” addresses impairment associated with complete and partial removal of the ovaries. Service-connected complete removal of both ovaries is currently evaluated at 100 percent for the three months following removal and then 30 percent thereafter. With the continued expansion of women's roles in military service, better understanding of the health effects on women during and after service is essential. Women who suffer premature loss of function in both ovaries are at increased risk for cardiovascular disease, stroke, lung cancer, cognitive impairment or dementia, Parkinsonism, osteoporosis, depressive or anxiety symptoms, and sexual dysfunction. The risks appear to be greater for women who are younger at the time of premature loss of ovarian function. Studies have shown that even women who have both ovaries removed “after the onset of natural menopause had an increased risk of deleterious outcomes.” Lynne T. Shuster et al., “Prophylactic bilateral oophorectomy jeopardizes long-term health,” 18(4), American Society for Reproductive Medicine, Menopausal Medicine S1, S1-S5 (2010).

    Currently, a male Veteran is entitled to a 30 percent evaluation for service-connected removal of one testicle when the second testicle, for reasons unrelated to service, is absent or ceases to function. 38 CFR 4.115b, Diagnostic Code 7524, Note. However, the current VASRD does not provide a similar evaluation for a female Veteran whose second ovary is absent or ceases to function for reasons unrelated to service. With consideration of the studies discussed above demonstrating the significant health risks from removal or loss of function of both ovaries, VA proposes to add a note to diagnostic code 7619 in order to equalize VA compensation for female Veterans.

    Diagnostic Codes 7621 “Uterus, prolapse,” 7622 “Uterus, displacement of,” and 7623 “Pregnancy, surgical complications of ”

    Current diagnostic codes 7621 through 7623 address impairment associated with various degrees of female pelvic organ prolapse. Uterine prolapse is evaluated under current diagnostic code 7621, as either (1) complete uterine prolapse through the vagina and introitus at 50 percent, or (2) incomplete uterine prolapse at 30 percent. Uterine displacement is evaluated under current diagnostic code 7622, as either (1) marked uterine displacement and frequent or continuous menstrual disturbances at 30 percent, or (2) uterine displacement with adhesions and irregular menstruation at 10 percent. Finally, surgical complications of pregnancy are evaluated under current diagnostic code 7623, as either (1) with rectocele or cystocele at 50 percent, or (2) with relaxation of perineum at 10 percent.

    To update VASRD, VA proposes to consolidate these three diagnostic codes into one diagnostic code. Specifically, VA proposes to amend diagnostic code 7621 to be titled, “Pelvic organ prolapse due to injury, disease, or surgical complications of pregnancy.” VA proposes this consolidation because all of these diagnostic codes represent different types of pelvic organ prolapse (displacement) and describe various degrees of their displacement to or beyond the vaginal walls. Furthermore, as discussed in more detail below, current medicine has a reliable classification system that provides for uniform evaluation of functional impairment due to pelvic organ prolapse (displacement), regardless of which pelvic organ is involved. Therefore, combining the evaluations currently found in diagnostic codes 7621 through 7623 would better reflect the current understanding of anatomy, physiology, and functional impairment due to disease or injury of pelvic organs. VA also proposes to place a note under diagnostic code 7621 that will describe pelvic organ prolapse and identify common types of prolapse, including uterine or vaginal vault prolapse, cystocele, urethrocele, rectocele, enterocele, or any combination. This note would assist field personnel in selecting the appropriate diagnostic code for these diagnosed conditions.

    Currently, diagnostic codes 7621 and 7622 address uterine prolapse and uterine displacement, respectively; however, uterine displacement is just an outdated reference to uterine prolapse. Therefore, separate diagnostic codes are redundant and unnecessary. As for diagnostic code 7623, it provides for evaluation of pelvic organ displacement such as rectocele, cystocele, and relaxation of perineum when due to surgical complications of pregnancy. However, all of these pelvic organ displacements can occur independently from surgical complications of pregnancy. Therefore, an update to VASRD is needed to account for these situations.

    This proposed revision is also necessary to eliminate disparate treatment of pelvic organ displacement found in the current VASRD. In this regard, rectocele or cystocele are rated under current diagnostic code 7623 without regard to the severity of the displacement (and, in turn, the symptoms associated with the displacement), whereas uterine prolapse and displacement (rated under diagnostic codes 7621 and 7622) are evaluated based on the degree of displacement.

    Pelvic organs, such as the uterus, bladder or bowel, may protrude into the vagina due to weakness in the tissues that normally support them. In the most severe cases, part or all of the uterus or vagina can protrude beyond the vaginal opening (introitus). Pelvic organ prolapse includes anterior vaginal wall prolapse (cystocele, urethrocele), posterior vaginal wall prolapse (enterocele, rectocele, perineal deficiency) and uterine or vaginal vault prolapse. A woman can present with prolapse of one or more of these sites. Christopher Maher et al., “Surgical management of pelvic organ prolapse in women,” Cochrane Database of Systematic Reviews (2010), http://onlinelibrary.wiley.com/doi/10.1002/14651858.CD004014.pub4/abstract (last accessed Jan. 21, 2014). A woman's symptoms are largely based on the severity of her prolapse. Women with mild cases of uterine prolapse may have no obvious symptoms or require no active intervention. However, as the uterus slips further out of normal position, it can place pressure on other pelvic organs (such as the bladder or bowel) causing a variety of symptoms such as a feeling of heaviness or pressure in the pelvis, pelvic pain, abdomen or lower back pain, pain during intercourse, a protrusion of tissue from the opening of the vagina, recurrent bladder infections, constipation, difficulty with urination or urinary frequency or urgency. G. Willy Davila et al., “Vaginal Vault Suspension” (updated Sept. 6, 2013), Medscape, http://emedicine.medscape.com/article/1848619-overview#aw2aab6b9 (last accessed Jan. 21, 2014). Therefore, it is essential to identify the severity of any pelvic organ prolapse in order to determine the level of functional impairment.

    To ensure consistent evaluation of pelvic organ prolapse, VA proposes to base its rating criteria on the pelvic organ prolapse (POP) classification system. POP presents the herniation of the pelvic organs to or beyond the vaginal opening (at the level of the hymen) and is described using the findings during pelvic examination. “Pelvic Organ Prolapse,” American College of Obstetricians and Gynecologists Practice Bulletin, Vol. 110, No. 3 (Sept. 2007). The severity of prolapse is graded using the standard Pelvic Organ Prolapse Quantification (POP-Q) classification system. The POP-Q examination is an objective, site-specific system that is used to quantify, describe, and stage pelvic support. The POP-Q system has proven interobserver and intraobserver reliability. A.F. Hall et al., “Interobserver and intraobserver reliability of the proposed International Continence Society, Society of Gynecologic Surgeons, and American Urogynecologic Society pelvic organ prolapse classification system,” 175 Am J Obstet Gynecol 1467, 1467-70 (1996).

    As for the functional impairment associated with each stage of severity, VA proposes to assign a 50 percent evaluation in cases of severe pelvic organ prolapse, where on examination complete or almost complete eversion of the total length of the vagina is present, and the length of the protrusion beyond the hymen is within 2 centimeters of the total vaginal length. VA proposes to assign a 30 percent evaluation in cases of moderate prolapse, where on examination, the most severe portion of the prolapse is more than 1 centimeter below the hymen, but no further than 2 cm less than the total vaginal length. Finally, VA proposes to assign a 10 percent evaluation in cases of mild prolapse, where on examination, the most severe portion of the prolapse is between 1 cm or less above and 1 cm or more below the hymen.

    VA also proposes to eliminate references to frequent or continuous menstrual disturbances, adhesions, and irregular menstruation as a measure of the degree of uterine displacement, because the symptoms noted are either outdated or adequately contemplated by the POP-Q system. For example, uterine displacement, also known as uterine prolapse, occurs when pelvic floor muscles and ligaments stretch and weaken and the uterus slips down into or protrudes out of the vagina. Minimal uterine prolapse generally does not require therapy or cause any impairment because the patient usually does not have any symptoms. However, uterine descent of the cervix at or through the vaginal opening (introitus) can become symptomatic. Symptoms of moderate and severe uterine prolapse include a sensation of vaginal fullness or pressure, back pain, vaginal spotting from ulceration of the protruding cervix or vagina, difficulty with sexual intercourse, lower abdominal discomfort, and voiding and difficulties with defecation. Typically, the patient feels a bulge in the lower vagina or the cervix protruding through the vaginal opening. Cystoceles, rectoceles, or enteroceles may cause symptoms commonly associated with pelvic organ prolapse and lead to patient complaints of difficulty with voiding or bowel movements, recurrent urinary infections, and/or “splinting” (manually supporting the perineum) to defecate. Cespedes RD, Cross CA, McGuire EJ., “Pelvic Prolapse: Diagnosing and Treating Uterine and Vaginal Vault Prolapse,” 1(3) MedGenMed (1999). Menstrual abnormalities may occur in women with or without pelvic organ prolapse, but there is usually no causal relationship or association. Therefore, the references to menstrual disturbances, irregular menstruation and adhesions as symptoms of uterine prolapse (displacement) should be removed, because they do not reflect current medical science and practice.

    Finally, and as a consequence of this proposed consolidation, VA also proposes to delete current diagnostic codes 7622 “Uterus, displacement of” and 7623 “Pregnancy, surgical complications of” as the evaluation criteria are now contained in the proposed diagnostic code 7621.

    Diagnostic Codes 7627 “Malignant neoplasms of gynecological system or breast” and 7628 “Benign neoplasms of the gynecological system or breast”

    Current diagnostic codes 7627 and 7628 address impairment associated with malignant and benign neoplasms of the gynecological system and the breast. VA proposes to restructure the current rating criteria by separating the evaluations for impairments due to gynecological neoplasms from the evaluations for impairments due to breast neoplasms. This proposed separation keeps disability compensation data related to male breast cancer and non-cancerous tumors separate from disability compensation data related to gynecological neoplasms and also provides ease of use for disability rating specialists. Men possess a small amount of nonfunctioning breast tissue (breast tissue that cannot produce milk) that is concentrated in the area directly behind the nipple on the chest wall. Like breast cancer in women, cancer of the male breast is the uncontrolled growth of the abnormal cells of this breast tissue. Male breast cancer constitutes about 1 percent of all cases of breast cancers. “Male Breast Cancer,” National Cancer Institute—National Institutes of Health (Updated Sept. 19, 2013), http://www.cancer.gov/cancertopics/pdq/treatment/malebreast/Patient/page1 (last accessed Jan. 21, 2014).

    Therefore, VA proposes to retitle diagnostic code 7627 as, “Malignant neoplasms of gynecological system” and diagnostic code 7628 as, “Benign neoplasms of gynecological system.” Additionally, under diagnostic codes 7627 and 7628, VA proposes to clarify the existing note which instructs rating specialists to rate chronic residuals (following surgery or other treatments). Specifically, VA proposes to identify those chronic residuals commonly associated with treatment for neoplasms of the gynecological system, to include impairment of function due to scars, lymphedema, or disfigurement, as well as to direct rating specialists to evaluate any other residual impairment of function, including gynecological, under appropriate diagnostic code(s) within the appropriate body system. The surgical management of gynecologic malignancies and benign diseases has evolved over the last decades. However, these sometimes complex procedures encompass radical pelvic and upper abdominal surgery, including associated urologic and intestinal procedures that may be required to remove the neoplasm. Oliver Zivanovic & Dennis Chi, “Surgical Resection and Reconstruction for Advanced and Recurrent Gynecologic Malignancies,” 3 Expert Rev. of Obstetrics & Gynecology 677, 677-690 (2008). Additionally, VA proposes a minor editorial revision of replacing the word “X-ray” with the word “radiation” as it pertains to therapeutic procedure to reflect a change in medical terminology.

    Within this reorganization, VA also proposes to add two new diagnostic codes, 7630 “Malignant neoplasms of the breast” and 7631 “Benign neoplasms of the breast and other injuries of the breast” in order to account for impairment due to benign and malignant breast tumors (neoplasms) as well as other injuries to the breast not included elsewhere in the VASRD. This addition would allow VA to adequately evaluate and track disabilities due to benign breast neoplasms as well as other injuries, such as blast trauma. VA proposes to place two notes under diagnostic codes 7630 and 7631 to identify common chronic residuals associated with injuries of the breast and benign and malignant breast tumors and to instruct rating specialists to rate accordingly. Breast surgery is the most common choice of treatment for benign and malignant tumors of the breast and is an established risk factor for development of scars, lymphedema, or disfigurement. These chronic post-treatment residuals result in functional impairment such as limitation of arm, shoulder, and wrist motion, or loss of grip strength, or loss of sensation, or residuals from harvesting of muscles for reconstructive purposes. Angelique F. Vitug & Lisa A. Newman, “Complications in Breast Surgery,” 87 Surgical Clinics of North America 431, 431-451 (2007).

    The proposed notes will therefore instruct rating specialists to rate chronic residuals according to impairment of function due to scars, lymphedema, or disfigurement (e.g., limitation of arm, shoulder, and wrist motion, or loss of grip strength, or loss of sensation, or residuals from harvesting of muscles for reconstructive purposes), and/or under diagnostic code 7626, if appropriate. Again, no change to the existing evaluation criteria (found in current diagnostic codes 7627 and 7628) is proposed.

    New Diagnostic Code 7632 “Female sexual arousal disorder (FSAD)”

    VA proposes to add a new diagnostic code 7632, titled “Female sexual arousal disorder (FSAD),” in order to account for impairment due to this condition in the female Veteran population. FSAD refers to the continual or recurrent inability of a woman to accomplish or maintain an ample lubrication-swelling reaction during sexual intercourse. This lack of physical response may be either lifelong or acquired, and either generalized or situation-specific. FSAD is the second most common sexual health concern for women, affecting 26 percent of adult women. Emma Hitt, “Alprostadil Shows Efficacy in Female Sexual Arousal Disorder” (May 25, 2012), Medscape, http://www.medscape.com/viewarticle/764590 (last accessed Jan. 21, 2014). Current statistics show that FSAD affects an estimated 30 to 45 million women in the United States alone. Medscape Medical News, “Potential Drug Therapy for Female Sexual Dysfunction Presented” (June 28, 2000), Medscape, http://www.medscape.com/viewarticle/411930 (last accessed Jan. 21, 2014). Clinical research shows that some aspects of FSAD are likely caused in part by decreased blood flow to the genital area. Therefore, poor genital blood flow is believed to contribute to FSAD similar to the role of vascular disease in male erectile dysfunction. Medscape Medical News, “New Approaches to Female Sexual Arousal Disorder” (May 31, 2001), Medscape, http://www.medscape.com/viewarticle/434478 (last accessed Jan. 21, 2014). Although treatment of sexual dysfunction in men has been improved by currently marketed pharmaceuticals there are no US Food and Drug Administration (FDA) approved treatments for FSAD. FDA recently issued draft guidance for industry regarding clinical development of drug products for FSAD.

    Currently, male Veterans with service connected penile deformity and loss of erectile power receive a 20 percent disability evaluation under diagnostic code 7522 and are eligible for special monthly compensation. In cases where there is no penile deformity present, but there is service connected loss of erectile power, VA's policy is to evaluate male Veterans analogous to diagnostic code 7522, assigning a 0 percent rating; Eligibility for special monthly compensation due to loss of use of a creative organ (SMC-K) is also considered. See 38 CFR 4.20 and 4.115b, Diagnostic Code 7522.

    In order to ensure gender parity, VA proposes the creation of a new diagnostic code 7632 “Female sexual arousal disorder (FSAD).” There is no diagnostic code in current § 4.116 which allows for analogous rating of female sexual arousal disorder, to include consideration of special monthly compensation. Under proposed diagnostic code 7632, female Veterans with service connected FSAD but without physical damage to female genitalia would be evaluated at 0 percent with a note directing rating personnel to consider eligibility for special monthly compensation (SMC-K).

    Technical Amendments

    VA also proposes several technical amendments. We would add a citation reference to 38 U.S.C. 1155 at the end of § 4.116, and we would update Appendix A, B, and C of part 4 to reflect the above noted proposed amendments.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action,” requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.”

    The economic, interagency, budgetary, legal, and policy implications of this proposed rule have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of this rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for “VA Regulations Published From FY 2004 Through Fiscal Year to Date.”

    Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This proposed rule would not affect any small entities. Only certain VA beneficiaries could be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector.

    Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers and titles for this rule are 64.009, Veterans Medical Care Benefits; 64.104, Pension for Non-Service-Connected Disability for Veterans; 64.109, Veterans Compensation for Service-Connected Disability; and 64.110, Veterans Dependency and Indemnity Compensation for Service Connected Death.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jose D. Riojas, Chief of Staff, Department of Veterans Affairs, approved this document on December 1, 2014, for publication.

    List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    Dated: February 20, 2015. William F. Russo, Acting Director, Office of Regulation Policy & Management, Office of the General Counsel, U.S. Department of Veterans Affairs.

    For the reasons set out in the preamble, VA proposes to amend 38 CFR part 4 as follows:

    PART 4—SCHEDULE FOR RATING DISABILITIES 1. The authority citation for part 4 continues to read as follows: Authority:

    38 U.S.C. 1155, unless otherwise noted.

    Subpart B—Disability Ratings 2. Amend § 4.116 as follows: a. Revise the entry for diagnostic code 7610; b. Add a note at the end of the entries for diagnostic codes 7615 and 7619; c. Revise the entry for diagnostic code 7621; d. Remove the entries for diagnostic codes 7622 and 7623; e. Revise the entries for diagnostic codes 7627 and 7628; f. Add entries for diagnostic codes 7630 through 7632 in numerical order; and g. Add an authority citation at the end of the section.

    The revisions and additions to read as follows:

    § 4.116 Schedule of ratings—gynecological conditions and disorders of the breast. Rating *         *         *         *         *         *         * 7610 Vulva or clitoris, disease or injury of (including vulvovaginitis). *         *         *         *         *         *         * 7615 * * * Note: For the purpose of VA disability evaluation, a disease, injury, or adhesions of the ovaries resulting in ovarian dysfunction affecting the menstrual cycle, such as dysmenorrhea and secondary amenorrhea, shall be rated under diagnostic code 7615. *         *         *         *         *         *         * 7619 * * * Note: In cases of the removal of one ovary as the result of a service-connected injury or disease, with the absence or nonfunctioning of a second ovary unrelated to service, an evaluation of 30 percent will be assigned for the service-connected ovarian loss. *         *         *         *         *         *         * 7621 Pelvic organ prolapse due to injury, disease, or surgical complications of pregnancy. Severe prolapse: Complete or almost complete eversion of the total length of the vagina shown on examination, with the length of the protrusion (or prolapse) extending beyond the hymen within 2 cm of total vaginal length 50 Moderate prolapse: On examination the most severe portion of the prolapse is more than 1 cm below the hymen, but protrudes no further than 2 cm less than the total vaginal length 30 Mild prolapse: On examination the most severe portion of the prolapse is between 1 cm or less above the hymen and 1 cm or more below the hymen 10 Note: Pelvic organ prolapse occurs when a pelvic organ such as bladder, urethra, uterus, vagina, small bowel, or rectum drops (prolapse) from its normal place in the abdomen. Conditions associated with pelvic organ prolapse include: Uterine or vaginal vault prolapse, cystocele, urethrocele, rectocele, enterocele, or any combination thereof. *         *         *         *         *         *         * 7627 Malignant neoplasms of gynecological system 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. Rate chronic residuals to include scars, lymphedema, disfigurement, and/or other impairment of function under the appropriate diagnostic code(s) within the appropriate body system. 7628 Benign neoplasms of gynecological system. Rate chronic residuals to include scars, lymphedema, disfigurement, and/or other impairment of function under the appropriate diagnostic code(s) within the appropriate body system. *         *         *         *         *         *         * 7630 Malignant neoplasms of the breast 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. Rate chronic residuals according to impairment of function due to scars, lymphedema, or disfigurement (e.g., limitation of arm, shoulder, and wrist motion, or loss of grip strength, or loss of sensation, or residuals from harvesting of muscles for reconstructive purposes), and/or under diagnostic code 7626. 7631 Benign neoplasms of the breast and other injuries of the breast. Rate chronic residuals according to impairment of function due to scars, lymphedema, or disfigurement (e.g., limitation of arm, shoulder, and wrist motion, or loss of grip strength, or loss of sensation, or residuals from harvesting of muscles for reconstructive purposes), and/or under diagnostic code 7626. 7632 Female sexual arousal disorder (FSAD) 1 0 1 Review for entitlement to special monthly compensation under § 3.350 of this chapter. (Authority: 38 U.S.C. 1155)
    3. Amend Appendix A to Part 4 as follows: a. At Sec. 4.116, revise the entries for diagnostic codes 7610, 7615, 7619, 7621, 7622, 7623, 7627, and 7628; and b. At Sec. 4.116, add entries for diagnostic codes 7630 through 7632 in numerical order.

    The revisions and additions to read as follows:

    Appendix A to Part 4—Table of Amendments and Effective Dates Since 1946 Sec. Diagnostic code No. *         *         *         *         *         *         * 4.116. *         *         *         *         *         *         * 7610 Criterion May 22, 1995; title [effective date of final rule]. *         *         *         *         *         *         * 7615 Criterion May 22, 1995; note [effective date of final rule]. *         *         *         *         *         *         * 7619 Criterion May 22, 1995; note [effective date of final rule]. *         *         *         *         *         *         * 7621 Criterion May 22, 1995; evaluation [effective date of final rule]. 7622 Removed [effective date of final rule]. 7623 Removed [effective date of final rule]. *         *         *         *         *         *         * 7627 Criterion March 10, 1976; criterion May 22, 1995; title, note [effective date of final rule]. 7628 Added May 22, 1995; title, criterion [effective date of final rule]. *         *         *         *         *         *         * 7630 Added [effective date of final rule]. 7631 Added [effective date of final rule]. 7632 Added [effective date of final rule]. *         *         *         *         *         *         * 4. Amend Appendix B to Part 4 as follows: a. Revise the entries for diagnostic codes 7610, 7621, 7627, and 7628; and b. Add entries for diagnostic codes 7630 through 7632 in numerical order.

    The revisions and additions to read as follows:

    Appendix B to Part 4—Numerical Index of Disabilities Diagnostic code No. *         *         *         *         *         *         * Gynecological Conditions and Disorders of the Breast 7610 Vulva or clitoris, disease or injury of (including vulvovaginitis). *         *         *         *         *         *         * 7621 Pelvic organ prolapse due to injury or disease or surgical complications of pregnancy. *         *         *         *         *         *         * 7627 Malignant neoplasms of gynecological system. 7628 Benign neoplasms of gynecological system. *         *         *         *         *         *         * 7630 Malignant neoplasms of the breast. 7631 Benign neoplasms of the breast and other injuries of the breast. 7632 Female sexual arousal disorder (FSAD). *         *         *         *         *         *         * 5. Amend Appendix C to Part 4 as follows: a. Add in alphabetical order the heading “Female sexual arousal disorder (FSAD)” and its diagnostic code “7632”. b. Under the heading “Injury” add in alphabetical order new entry “Breast” and its diagnostic code “7631”. c. Under the heading “Neoplasms: Benign:” add in alphabetical order an entry “Breast” and its diagnostic code “7631”. d. Under the heading “Neoplasms: Benign:” remove “Gynecological or breast” and in its place add the entry “Gynecological”. e. Under the heading “Neoplasms: Malignant:” add in alphabetical order new entry “Breast” and its diagnostic code “7630”. f. Under the heading “Neoplasms: Malignant:” remove “Gynecological or breast” and in its place add the entry “Gynecological”. g. Add in alphabetical order the heading “Pelvic organ prolapse due to injury or disease or surgical complications of pregnancy, including uterine or vaginal vault prolapse, cystocele, urethrocele, rectocele, enterocele, or combination” and its diagnostic code “7621”. h. Remove the heading “Pregnancy, surgical complications” and its diagnostic code “7623”. i. Under the heading “Uterus” remove the entry “Displacement” and its diagnostic code “7622”. j. Remove the heading “Vulva disease or injury of” and add in its place “Vulva or clitoris, disease or injury of”.

    The additions and revisions to read as follows:

    Appendix C to Part 4—Alphabetical Index of Disabilities Diagnostic code No. *         *         *         *         *         *         * Female sexual arousal disorder (FSAD) 7632 *         *         *         *         *         *         * Injury: *         *         *         *         *         *         * Breast 7631 *         *         *         *         *         *         * Neoplasms: Benign: Breast 7631 *         *         *         *         *         *         * Gynecological 7628 *         *         *         *         *         *         * Malignant: Breast 7630 *         *         *         *         *         *         * Gynecological 7627 *         *         *         *         *         *         * Pelvic organ prolapse due to injury or disease or surgical complications of pregnancy, including uterine or vaginal vault prolapse, cystocele, urethrocele, rectocele, enterocele, or combination 7621 *         *         *         *         *         *         * Vulva or clitoris, disease or injury of 7610 *         *         *         *         *         *         *
    [FR Doc. 2015-03851 Filed 2-26-15; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; FRL-9923-43-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; Infrastructure SIP Requirements for the 2010 NO2 and SO2 NAAQS AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve elements of state implementation plan (SIP) submissions from Indiana regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2010 nitrogen dioxide (NO2) and sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

    DATES:

    Comments must be received on or before March 30, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure SIP elements) and Docket ID No. EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure SIP elements) by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 408-2279.

    4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

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

    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2012-0991 and EPA-R05-OAR-2013-0435. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Sarah Arra, Environmental Scientist, at (312) 886-9401 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, arra[email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. What should I consider as I prepare my comments for EPA? II. What is the background of these SIP submissions? III. What guidance is EPA using to evaluate these SIP submissions? IV. What is the result of EPA's review of these SIP submissions? V. What action is EPA taking? VI. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:

    1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date, and page number).

    2. Follow directions—EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

    3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

    4. Describe any assumptions and provide any technical information and/or data that you used.

    5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

    6. Provide specific examples to illustrate your concerns, and suggest alternatives.

    7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

    8. Make sure to submit your comments by the comment period deadline identified.

    II. What is the background of these SIP submissions? A. What state SIP submissions does this rulemaking address?

    This rulemaking addresses submissions from the Indiana Department of Environmental Management (IDEM). The state submitted its infrastructure SIP for the 2010 NO2 NAAQS on January 15, 2013, and the 2010 SO2 NAAQS on May 22, 2013.

    B. Why did the state make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2010 NO2 and SO2 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements.

    EPA highlighted this statutory requirement in an October 2, 2007, guidance document entitled “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards” (2007 Memo) and has issued additional guidance documents, the most recent on September 13, 2013, “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2)” (2013 Memo). The SIP submissions referenced in this rulemaking pertain to the applicable requirements of section 110(a)(1) and (2), and address the 2010 NO2 and SO2 NAAQS. To the extent that the prevention of significant deterioration (PSD) program is non-NAAQS specific, a narrow evaluation of other NAAQS will be included in the appropriate sections.

    C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from IDEM that address the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2010 NO2 and SO2 NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

    EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as “infrastructure SIP” submissions. Although the term “infrastructure SIP” does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as “nonattainment SIP” or “attainment plan SIP” submissions to address the nonattainment planning requirements of part D of title I of the CAA, “regional haze SIP” submissions required by EPA rule to address the visibility protection requirements of CAA section 169A, and nonattainment new source review (NNSR) permit program submissions to address the permit requirements of CAA, title I, part D.

    This rulemaking will not cover three substantive areas that are not integral to acting on a state's infrastructure SIP submission: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction at sources, that may be contrary to the CAA and EPA's policies addressing such excess emissions (“SSM”); (ii) existing provisions related to “director's variance” or “director's discretion” that purport to permit revisions to SIP-approved emissions limits with limited public process or without requiring further approval by EPA, that may be contrary to the CAA (“director's discretion”); and, (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's “Final New Source Review (NSR) Improvement Rule,” 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (“NSR Reform”). Instead, EPA has the authority to address each one of these substantive areas in separate rulemakings. A detailed history, interpretation, and rationale as they relate to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, “Infrastructure SIP Requirements for the 2008 Lead NAAQS” in the section, “What is the scope of this rulemaking?” (see 79 FR 27241 at 27242-27245).

    III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied in the 2007 Memo. Specifically, attachment A of this memorandum (Required Section 110 SIP Elements) identifies the statutory elements that states need to submit in order to satisfy the requirements for an infrastructure SIP submission. EPA issued additional guidance documents, the most recent being the 2013 Memo which further clarifies aspects of infrastructure SIPs that are not NAAQS specific.

    IV. What is the result of EPA's review of these SIP submissions?

    As noted in the 2013 Memo, pursuant to section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. IDEM provided the opportunity for public comment for its 2010 NO2 NAAQS infrastructure SIP that ended on January 14, 2013. The state did not receive any comments during the comment period. IDEM provided the opportunity for public comment for its 2010 SO2 NAAQS infrastructure SIP that ended on May 17, 2013. The state did not receive any comments during the comment period. EPA is also soliciting comment on our evaluation of the state's infrastructure SIP submission in this notice of proposed rulemaking. IDEM provided detailed synopses of how various components of its SIP meet each of the requirements in section 110(a)(2) for the 2010 NO2 and SO2 NAAQS, as applicable. The following review evaluates the state's submissions.

    A. Section 110(a)(2)(A)—Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. EPA has long interpreted emission limits and control measures for attaining the standards as being due when nonattainment planning requirements are due.1 In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS.

    1 See, e.g., EPA's final rule on “National Ambient Air Quality Standards for Lead.” 73 FR 66964 at 67034.

    IDEM's authority to adopt emissions standards and compliance schedules is found at Indiana Code (IC) 13-14-8, IC 13-17-3-4, IC 13-17-3-11, and IC 13-17-3-14. To maintain the 2010 NO2 NAAQS, Indiana implements nitrogen oxide controls and emission limits in 326 Indiana Administrative Code (IAC) 10-1, 326 IAC 10-3, 326 IAC 10-5, and 326 IAC 10-6. To maintain the 2010 SO2 NAAQS, Indiana implements SO2 controls and emission limits in 326 IAC 7-1.1, 326 IAC 7-3, 326 IAC 7-4, and 326 IAC 7-4.1 EPA proposes that Indiana has met the infrastructure SIP requirements of section 110(a)(2)(A) with respect to the 2010 NO2 and SO2 NAAQS.

    As previously noted, EPA is not proposing to approve or disapprove any existing state provisions or rules related to SSM or director's discretion in the context of section 110(a)(2)(A).

    B. Section 110(a)(2)(B)—Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for establishing and operating ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. This review of the annual monitoring plan includes EPA's determination that the state: (i) Monitors air quality at appropriate locations throughout the state using EPA-approved Federal Reference Methods or Federal Equivalent Method monitors; (ii) submits data to EPA's Air Quality System (AQS) in a timely manner; and, (iii) provides EPA Regional Offices with prior notification of any planned changes to monitoring sites or the network plan.

    IDEM continues to operate an air monitoring network; EPA approved the state's 2014 Annual Air Monitoring Network Plan on October 30, 2013, including the plan for NO2 and SO2. IDEM enters air monitoring data into Air Quality System (AQS), and the state provides EPA with prior notification when changes to its monitoring network or plan are being considered. EPA proposes that Indiana has met the infrastructure SIP requirements of section 110(a)(2)(B) with respect to the 2010 NO2 and SO2 NAAQS.

    C. Section 110(a)(2)(C)—Program for Enforcement of Control Measures; PSD

    States are required to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet NSR requirements under PSD and NNSR programs. Part C of the CAA (sections 160-169B) addresses PSD, while part D of the CAA (sections 171-193) addresses NNSR requirements.

    The evaluation of each state's submission addressing the infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) Enforcement of SIP measures; (ii) PSD provisions that explicitly identify oxides of nitrogen (NOX) as a precursor to ozone in the PSD program; (iii) identification of precursors to fine particulate matter (PM2.5) and the identification of PM2.5 and PM102 condensables in the PSD program; (iv) PM2.5 increments in the PSD program; and, (v) GHG permitting and the “Tailoring Rule.” 3

    2 PM10 refers to particles with diameters between 2.5 and 10 microns, oftentimes referred to as “coarse” particles.

    3 In EPA's April 28, 2011, proposed rulemaking for infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS, we stated that each state's PSD program must meet applicable requirements for evaluation of all regulated NSR pollutants in PSD permits (see 76 FR 23757 at 23760). This view was reiterated in EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In other words, if a state lacks provisions needed to adequately address NOX as a precursor to ozone, PM2.5 precursors, PM2.5 and PM10 condensables, PM2.5 increments, or the Federal GHG permitting thresholds, the provisions of section 110(a)(2)(C) requiring a suitable PSD permitting program must be considered not to be met irrespective of the NAAQS that triggered the requirement to submit an infrastructure SIP, including the 2010 NO2 NAAQS.

    Sub-Element 1: Enforcement of SIP Measures

    IDEM maintains an enforcement program to ensure compliance with SIP requirements. IC 13-14-1-12 provides the Commissioner with the authority to enforce rules “consistent with the purpose of the air pollution control laws.” Additionally, IC 13-14-2-7 and IC 13-17-3-3 provide the Commissioner with the authority to assess civil penalties and obtain compliance with any applicable rule a board has adopted in order to enforce air pollution control laws. Lastly, IC 13-14-10-2 allows for an emergency restraining order that prevents any person from causing, or introducing contaminants, that cause or contribute to air pollution. EPA proposes that Indiana has met the enforcement of SIP measures requirements of section 110(a)(2)(C) with respect to the 2010 NO2 and SO2 NAAQS.

    Sub-Element 2: PSD Provisions that Explicitly Identify NOX as a Precursor to Ozone in the PSD Program

    EPA's “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline” (Phase 2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among other requirements, the Phase 2 Rule obligated states to revise their PSD programs to explicitly identify NOX as a precursor to ozone (70 FR 71612 at 71679, 71699-71700). This requirement was codified in 40 CFR 51.166.4

    4 Similar changes were codified in 40 CFR 52.21.

    The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including these specific NOX as a precursor to ozone provisions, by June 15, 2007 (see 70 FR 71612 at 71683, November 29, 2005).

    EPA approved revisions to Indiana's PSD SIP reflecting these requirements on July 2, 2014 (see 79 FR 37646, July 2, 2014), and therefore proposes that Indiana has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2010 NO2 and SO2 NAAQS.

    Sub-Element 3: Identification of Precursors to PM2.5 and the Identification of PM2.5 and PM10 Condensables in the PSD Program

    On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the “Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)” (2008 NSR Rule). The 2008 NSR Rule finalized several new requirements for SIPs to address sources that emit direct PM2.5 and other pollutants that contribute to secondary PM2.5 formation. One of these requirements is for NSR permits to address pollutants responsible for the secondary formation of PM2.5, otherwise known as precursors. In the 2008 rule, EPA identified precursors to PM2.5 for the PSD program to be SO2 and NOX (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that area's ambient PM2.5 concentrations). The 2008 NSR Rule also specifies that VOCs are not considered to be precursors to PM2.5 in the PSD program unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of VOCs in an area are significant contributors to that area's ambient PM2.5 concentrations.

    The explicit references to SO2, NOX, and VOCs as they pertain to secondary PM2.5 formation are codified at 40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of identifying pollutants that are precursors to PM2.5, the 2008 NSR Rule also required states to revise the definition of “significant” as it relates to a net emissions increase or the potential of a source to emit pollutants. Specifically, 40 CFR 51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define “significant” for PM2.5 to mean the following emissions rates: 10 tpy of direct PM2.5; 40 tpy of SO2; and 40 tpy of NOX (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that area's ambient PM2.5 concentrations). The deadline for states to submit SIP revisions to their PSD programs incorporating these changes was May 16, 2011 (see 73 FR 28321 at 28341, May 16, 2008).5

    5 EPA notes that on January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit, in Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008 NSR Rule in accordance with the CAA's requirements for PM10 nonattainment areas (Title I, Part D, subpart 4), and not the general requirements for nonattainment areas under subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250). As the subpart 4 provisions apply only to nonattainment areas, EPA does not consider the portions of the 2008 rule that address requirements for PM2.5 attainment and unclassifiable areas to be affected by the court's opinion. Moreover, EPA does not anticipate the need to revise any PSD requirements promulgated by the 2008 NSR rule in order to comply with the court's decision. Accordingly, EPA's approval of Indiana's infrastructure SIP as to elements (C), (D)(i)(II), or (J) with respect to the PSD requirements promulgated by the 2008 implementation rule does not conflict with the court's opinion. The Court's decision with respect to the nonattainment NSR requirements promulgated by the 2008 implementation rule also does not affect EPA's action on the present infrastructure action. EPA interprets the CAA to exclude nonattainment area requirements, including requirements associated with a nonattainment NSR program, from infrastructure SIP submissions due three years after adoption or revision of a NAAQS. Instead, these elements are typically referred to as nonattainment SIP or attainment plan elements, which would be due by the dates statutorily prescribed under subpart 2 through 5 under part D, extending as far as 10 years following designations for some elements.

    The 2008 NSR Rule did not require states to immediately account for gases that could condense to form particulate matter, known as condensables, in PM2.5 and PM10 emission limits in NSR permits. Instead, EPA determined that states had to account for PM2.5 and PM10 condensables for applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits beginning on or after January 1, 2011. This requirement is codified in 40 CFR 51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' PSD programs incorporating the inclusion of condensables were required to be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341, May 16, 2008).

    EPA approved revisions to Indiana's PSD SIP reflecting these requirements on July 2, 2014 (see 79 FR 37646), and therefore proposes that Indiana has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2010 NO2 and SO2 NAAQS.

    Sub-Element 4: PM2.5 Increments in the PSD Program

    On October 20, 2010, EPA issued the final rule on the “Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)” (2010 NSR Rule). This rule established several components for making PSD permitting determinations for PM2.5, including a system of “increments” which is the mechanism used to estimate significant deterioration of ambient air quality for a pollutant. These increments are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included in the table below.

    Table 1—PM2.5 Increments Established by the 2010 NSR Rule in Micrograms per Cubic Meter Annual
  • arithmetic
  • mean
  • 24-hour max
    Class I 1 2 Class II 4 9 Class III 8 18

    The 2010 NSR Rule also established a new “major source baseline date” for PM2.5 as October 20, 2010, and a new trigger date for PM2.5 as October 20, 2011. These revisions are codified in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR 52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule revised the definition of “baseline area” to include a level of significance of 0.3 micrograms per cubic meter, annual average, for PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i) and 40 CFR 52.21(b)(15)(i).

    On July 12, 2012, and supplemented on December 12, 2012, IDEM submitted revisions intended to address the increments established by the 2010 NSR Rule for incorporation into the SIP, as well as the revised major source baseline date, trigger date, and baseline area level of significance for PM2.5. IDEM also requested that these revisions satisfy any applicable infrastructure SIP requirements related to PSD. Specifically, revisions to 326 IAC 2-2-6(b) contain the Federal increments for PM2.5, 326 IAC 2-2-1(ee)(3) contains the new major source baseline date for PM2.5 of October 20, 2010, 326 IAC 2-2-1(gg)(1)(C) contains the new trigger date for PM2.5 of October 20, 2011, and 326 IAC 2-2-1(f)(1) contains the new baseline area level of significance for PM2.5. It should be noted that Indiana's submitted revisions explicitly include only the PM2.5 increments as they apply to Class II areas, and not the PM2.5 increments as they apply to Class I or Class III areas. However, Indiana's requested revisions specify that if areas in the state are classified as Class I or III in the future, it would require that the PSD increments pursuant to 40 CFR 52.21 be adhered to.

    On August 11, 2014 (79 FR 46709), EPA finalized approval of the applicable infrastructure SIP PSD revisions; therefore, we are proposing that Indiana has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2010 NO2 and SO2 NAAQS.

    Sub-Element 5: GHG Permitting and the “Tailoring Rule”

    With respect to Elements C and J, EPA interprets the CAA to require each state to make an infrastructure SIP submission for a new or revised NAAQS that demonstrates that the air agency has a complete PSD permitting program meeting the current requirements for all regulated NSR pollutants. The requirements of Element D(i)(II) may also be satisfied by demonstrating that the air agency has a complete PSD permitting program correctly addressing all regulated NSR pollutants. Indiana has shown that it currently has a PSD program in place that covers all regulated NSR pollutants, including greenhouse gases (GHGs).

    On June 23, 2014, the United States Supreme Court issued a decision addressing the application of PSD permitting requirements to GHG emissions. Utility Air Regulatory Group v. Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that the EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD permit. The Court also said that the EPA could continue to require that PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain limitations on GHG emissions based on the application of Best Available Control Technology (BACT).

    In order to act consistently with its understanding of the Court's decision pending further judicial action to effectuate the decision, the EPA is not continuing to apply EPA regulations that would require that SIPs include permitting requirements that the Supreme Court found impermissible. Specifically, EPA is not applying the requirement that a state's SIP-approved PSD program require that sources obtain PSD permits when GHGs are the only pollutant (i) that the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a modification (e.g. 40 CFR 51.166(b)(48)(v)).

    EPA anticipates a need to revise Federal PSD rules in light of the Supreme Court opinion. In addition, EPA anticipates that many states will revise their existing SIP-approved PSD programs in light of the Supreme Court's decision. The timing and content of subsequent EPA actions with respect to the EPA regulations and state PSD program approvals are expected to be informed by additional legal process before the United States Court of Appeals for the District of Columbia Circuit. At this juncture, EPA is not expecting states to have revised their PSD programs for purposes of infrastructure SIP submissions and is only evaluating such submissions to assure that the state's program correctly addresses GHGs consistent with the Supreme Court's decision.

    At present, EPA is proposing that Indiana's SIP is sufficient to satisfy Elements C, D(i)(II), and J with respect to GHGs because the PSD permitting program previously approved by EPA into the SIP continues to require that PSD permits (otherwise required based on emissions of pollutants other than GHGs) contain limitations on GHG emissions based on the application of BACT. Although the approved Indiana PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy Elements C, (D)(i)(II), and J. The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously-approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision.

    For the purposes of the 2010 NO2 and SO2 NAAQS infrastructure SIPs, EPA reiterates that NSR reform regulations are not within the scope of these actions. Therefore, we are not taking action on existing NSR reform regulations for Indiana. EPA approved Indiana's minor NSR program on October 7, 1994 (see 59 FR 51108); 6 and since that date, IDEM and EPA have relied on the existing minor NSR program to ensure that new and modified sources not captured by the major NSR permitting programs do not interfere with attainment and maintenance of the 2010 NO2 and SO2 NAAQS.

    6 EPA proposed approval of revisions updating Indiana's minor NSR construction permit rules on January 5, 2015 (see 80 FR 201). However, EPA believes that the rules that were in place at the time of Indiana's submittal were adequate for the purposes of infrastructure for the 2010 NO2 and SO2 NAAQS.

    Certain sub-elements in this section overlap with elements of section 110(a)(2)(D)(i), section 110(a)(2)(E) and section 110(a)(2)(J). These links will be discussed in the appropriate areas below.

    D. Section 110(a)(2)(D)—Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another state.

    On February 17, 2012, EPA promulgated designations for the 2010 NO2 NAAQS, stating for the entire country that, “The EPA is designating areas as “unclassifiable/attainment” to mean that available information does not indicate that the air quality in these areas exceeds the 2010 NO2 NAAQS” (see 77 FR 9532). For comparison purposes, EPA examined the design values 7 from NO2 monitors in Indiana and surrounding states. The highest design value based on data collected between 2011 and 2013 was 64 ppb at a monitor in Chicago, IL, compared to the standard which is 100 ppb for the 2010 NO2 NAAQS. Additionally, Indiana has SIP approved rules that limit NOX emissions, including rules in response to the Clean Air Interstate Rule at 326 IAC 24-1, controls for Clark and Floyd Counties at 326 IAC 10-1, specific source categories at 326 IAC 10-3, limits on Internal Combustion Engines at 326 IAC 10-5 and limits for Indiana Gas and Electric Company at 326 IAC 10-6. EPA believes that, in conjunction with the continued implementation of the state's SIP-approved PSD and NNSR regulations found in 26 IAC 2-2, these low monitored values of NO2 will continue in and around Indiana. In other words, the NO2 emissions from Indiana are not expected to cause or contribute to a violation of the 2010 NO2 NAAQS in another state, and these emissions are not likely to interfere with the maintenance of the 2010 NO2 NAAQS in another state. Therefore, EPA proposes that Indiana has met this set of requirements related to section 110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS. EPA is not taking action on this infrastructure element in regards to the 2010 SO2 NAAQS and will do so in a future rule making.

    7 The level of the 2010 NO2 NAAQS for is 100 parts per billion (ppb) and the form is the 3-year average of the annual 98th percentile of the daily 1-hour maximum. For the most recent design values, see http://www.epa.gov/airtrends/values.html.

    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another state.

    EPA notes that Indiana's satisfaction of the applicable infrastructure SIP PSD requirements for the 2010 NO2 NAAQS has been detailed in the section addressing section 110(a)(2)(C). EPA further notes that the proposed actions in that section related to PSD are consistent with the proposed actions related to PSD for section 110(a)(2)(D)(i)(II), and they are reiterated below.

    EPA has previously approved revisions to Indiana's SIP that meet certain requirements obligated by the Phase 2 Rule and the 2008 NSR Rule. These revisions included provisions that: Explicitly identify NOX as a precursor to ozone, explicitly identify SO2 and NOX as precursors to PM2.5, and regulate condensable PM2.5 and PM10 in applicability determinations and establishing emissions limits. EPA has also previously approved revisions to Indiana's SIP that incorporate the PM2.5 increments and the associated implementation regulations including the major source baseline date, trigger date, and level of significance for PM2.5 per the 2010 NSR Rule. EPA is proposing that Indiana's SIP contains provisions that adequately address the 2010 NO2 and SO2 NAAQS.

    States also have an obligation to ensure that sources located in nonattainment areas do not interfere with a neighboring state's PSD program. One way that this requirement can be satisfied is through an NNSR program consistent with the CAA that addresses any pollutants for which there is a designated nonattainment area within the state.

    Indiana's EPA-approved NNSR regulations are contained as part of its PSD program regulations, and can be found in 326 IAC 2-3 consistent with 40 CFR 51.165, or appendix S to 40 CFR part 51. Therefore, EPA proposes that Indiana has met all of the applicable PSD requirements for the 2010 NO2 and SO2 NAAQS related to section 110(a)(2)(D)(i)(II).

    With regard to the applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II), states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). The 2013 Memo states that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, or an approved SIP addressing regional haze.

    In this rulemaking, EPA is not proposing to approve or disapprove Indiana's satisfaction of the visibility protection requirements of section 110(a)(2)(D)(i)(II) for the 2010 NO2 or SO2 NAAQs. Instead, EPA will evaluate Indiana's compliance with these requirements in a separate rulemaking.8

    8 Indiana does have an approved regional haze plan for non-EGUs. Indiana's plan for EGUs relied on the Clean Air Interstate Rule that has been recently superseded by the Cross State Air Pollution Rule to which Indiana EGU sources are also subject.

    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of section 126 and section 115 (relating to interstate and international pollution abatement, respectively).

    Section 126(a) requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources. A lack of such a requirement in state rules would be grounds for disapproval of this element.

    Indiana has provisions in its EPA-approved PSD program in 326 IAC 2-2-15(b)(3) requiring new or modified sources to notify neighboring states of potential negative air quality impacts, and has referenced this program as having adequate provisions to meet the requirements of section 126(a). EPA is proposing that Indiana has met the infrastructure SIP requirements of section 126(a) with respect to the 2010 NO2 and SO2 NAAQS. Indiana does not have any obligations under any other subsection of section 126, nor does it have any pending obligations under section 115. EPA, therefore, is proposing that Indiana has met all applicable infrastructure SIP requirements of section 110(a)(2)(D)(ii).

    E. Section 110(a)(2)(E)—Adequate Resources

    This section requires each state to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP, and related issues. Section 110(a)(2)(E)(ii) also requires each state to comply with the requirements respecting state boards under section 128.

    Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under State Law To Carry Out Its SIP, and Related Issues

    Indiana's biennial budget and its environmental performance partnership agreement with EPA document funding and personnel levels for IDEM every two years. As discussed in earlier sections, IC 13-14-1-12 provides the Commissioner of IDEM with the authority to enforce air pollution control laws. Furthermore, IC 13-14-8, IC 13-17-3-11, and IC 13-17-3-14 contain the authority for IDEM to adopt air emissions standards and compliance schedules. EPA proposes that Indiana has met the infrastructure SIP requirements of this portion of section 110(a)(2)(E) with respect to the 2010 NO2 and SO2 NAAQS.

    Sub-Element 2: State Board Requirements Under Section 128 of the CAA

    Section 110(a)(2)(E) also requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA. That provision contains two explicit requirements: (i) That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and (ii) that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.

    On November 29, 2012, IDEM submitted rules regarding its Environmental Rules Board at IC 13-13-8 for incorporation into the SIP, pursuant to section 128 of the CAA. On December 12, 2012, IDEM provided a supplemental submission clarifying that the Environmental Rules Board established by IC 13-13-8, which has the authority to adopt environmental regulations under IC 4-22-2 and IC 13-14-9, does not have the authority to approve enforcement orders or permitting actions as outlined in section 128(a)(1) of the CAA. Therefore, section 128(a)(1) of the CAA is not applicable in Indiana.

    Under section 128(a)(2), the head of the executive agency with the power to approve enforcement orders or permits must adequately disclose any potential conflicts of interest. IC 13-13-8-11 “Disclosure of conflicts of interest” contains provisions that adequately satisfy the requirements of section 128(a)(2). This section requires that each member of the board shall fully disclose any potential conflicts of interest relating to permits or enforcement orders under the Federal CAA, as amended by the CAA Amendments of 1990. IC 13-13-8-4 defines the membership of the board, and the commissioner (of IDEM) or his/her designee is explicitly included as a member of the board. Therefore, when evaluated together in the context of section 128(a)(2), the commissioner (of IDEM) or his/her designee must fully disclose any potential conflicts of interest relating to permits or enforcement orders under the CAA. EPA concludes that IDEM's submission as it relates to the state board requirements under section 128 is consistent with applicable CAA requirements. EPA approved these rules on December 6, 2013 (78 FR 77599). Therefore, EPA is proposing that IDEM has satisfied the applicable infrastructure SIP requirements for this section of 110(a)(2)(E) for the 2010 NO2 and SO2 NAAQS.

    F. Section 110(a)(2)(F)—Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary sources and submit periodic emissions reports. Each plan shall also require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources. The state plan shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and correlation of such reports by each state agency with any emission limitations or standards established pursuant to this chapter. Lastly, the reports shall be available at reasonable times for public inspection.

    The Indiana state rules for monitoring requirements are contained in 326 IAC 3. Additional emissions reporting requirements are found in 326 IAC 2-6. Emission reports are available upon request by EPA or other interested parties. EPA proposes that Indiana has satisfied the infrastructure SIP requirements of section 110(a)(2)(F) with respect to the 2010 NO2 and SO2 NAAQS.

    G. Section 110(a)(2)(G)—Emergency Powers

    This section requires that a plan provide for authority that is analogous to what is provided in section 303 of the CAA, and adequate contingency plans to implement such authority. The 2013 Memo states that infrastructure SIP submissions should specify authority, rested in an appropriate official, to restrain any source from causing or contributing to emissions which present an imminent and substantial endangerment to public health or welfare, or the environment.

    326 IAC 11-5 establishes air pollution episode levels based on concentrations of criteria pollutants. This rule requires that emergency reduction plans be submitted to the Commissioner of IDEM by major air pollution sources, and these plans must include actions that will be taken when each episode level is declared, to reduce or eliminate emissions of the appropriate air pollutants. Similarly, under IC 13-17-4, Indiana also has the ability to declare an air pollution emergency and order all persons causing or contributing to the conditions warranting the air pollution emergency to immediately reduce or discontinue emission of air contaminants. EPA proposes that Indiana has met the applicable infrastructure SIP requirements of section 110(a)(2)(G) related to authority to implement measures to restrain sources from causing or contributing to emissions which present an imminent and substantial endangerment to public health or welfare, or the environment with respect to the 2010 NO2 and SO2 NAAQS.

    H. Section 110(a)(2)(H)—Future SIP Revisions

    This section requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or to an EPA finding that the SIP is substantially inadequate.

    IDEM continues to update and implement needed revisions to Indiana's SIP as necessary to meet ambient air quality standards. As discussed in previous sections, authority to adopt emissions standards and compliance schedules is found at IC 13-4-8, IC 13-17-3-4, IC 13-17-3-11, and IC 13-17-3-14. EPA proposes that Indiana has met the infrastructure SIP requirements of section 110(a)(2)(H) with respect to the 2010 NO2 and SO2 NAAQS.

    I. Section 110(a)(2)(I)—Nonattainment Area Plan or Plan Revisions Under Part D

    The CAA requires that each plan or plan revision for an area designated as a nonattainment area meet the applicable requirements of part D of the CAA. Part D relates to nonattainment areas.

    EPA has determined that section 110(a)(2)(I) is not applicable to the infrastructure SIP process. Instead, EPA takes action on part D attainment plans through separate processes.

    J. Section 110(a)(2)(J)—Consultation With Government Officials; Public Notifications; PSD; Visibility Protection

    The evaluation of the submissions from Indiana with respect to the requirements of section 110(a)(2)(J) are described below.

    Sub-Element 1: Consultation With Government Officials

    States must provide a process for consultation with local governments and Federal Land Managers (FLMs) carrying out NAAQS implementation requirements.

    IDEM actively participates in the regional planning efforts that include state rule developers, representatives from the FLMs, and other affected stakeholders. Additionally, Indiana is an active member of the Lake Michigan Air Director's Consortium, which consists of collaboration with the States of Illinois, Wisconsin, Michigan, Minnesota, and Ohio. EPA proposes that Indiana has met the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2010 NO2 and SO2 NAAQS.

    Sub-Element 2: Public Notification

    Section 110(a)(2)(J) also requires states to notify the public if NAAQS are exceeded in an area and must enhance public awareness of measures that can be taken to prevent exceedances.

    IDEM monitors air quality data daily, and reports the air quality index to the interested public and media if necessary. IDEM also participates and submits information to EPA's AIRNOW program, and maintains SmogWatch, which is an informational tool created by IDEM to share air quality forecasts for each day. SmogWatch provides daily information about ground-level ozone, particulate matter concentration levels, health information, and monitoring data for seven regions in Indiana. IDEM also maintains a publicly available Web site that allows interested members of the community and other stakeholders to view current monitoring data summaries, including those for NO2 and SO2.9 EPA proposes that Indiana has met the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2010 NO2 and SO2 NAAQS.

    9 See http://www.in.gov/idem/airquality/2489.htm.

    Sub-Element 3: PSD

    States must meet applicable requirements of section 110(a)(2)(C) related to PSD. IDEM's PSD program in the context of infrastructure SIPs has already been discussed in the paragraphs addressing section 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA notes that the proposed actions for those sections are consistent with the proposed actions for this portion of section 110(a)(2)(J).

    Therefore, EPA proposes that Indiana has met all of the infrastructure SIP requirements for PSD associated with section 110(a)(2)(D)(J) for the 2010 NO2 and SO2 NAAQS.

    Sub-Element 4: Visibility Protection

    With regard to the applicable requirements for visibility protection, states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C do not change. Thus, we find that there is no new visibility obligation “triggered” under section 110(a)(2)(J) when a new NAAQS becomes effective. In other words, the visibility protection requirements of section 110(a)(2)(J) are not germane to infrastructure SIPs for the 2010 NO2 and SO2 NAAQS.

    K. Section 110(a)(2)(K)—Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for predicting effects on air quality of emissions from any NAAQS pollutant and submission of such data to EPA upon request.

    IDEM continues to review the potential impact of major and some minor new and modified sources using computer models. Indiana's rules regarding air quality modeling are contained in 326 IAC 2-2-4, 326 IAC 2-2-5, 326 IAC 2-2-6, and 326 IAC 2-2-7. These modeling data are available to EPA or other interested parties upon request. EPA proposes that Indiana has met the infrastructure SIP requirements of section 110(a)(2)(K) with respect to the 2010 NO2 and SO2 NAAQS.

    L. Section 110(a)(2)(L)—Permitting Fees

    This section requires SIPs to mandate each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing, and enforcing a permit.

    IDEM implements and operates the title V permit program, which EPA approved on December 4, 2001 (66 FR 62969); revisions to the program were approved on August 13, 2002 (67 FR 52615). In addition to the title V permit program, IDEM's EPA-approved PSD program, specifically contained in 326 IAC 2-1.1-07 contains the provisions, requirements, and structures associated with the costs for reviewing, approving, implementing, and enforcing various types of permits. EPA proposes that Indiana has met the infrastructure SIP requirements of section 110(a)(2)(L) with respect to the 2010 NO2 and SO2 NAAQS.

    M. Section 110(a)(2)(M)—Consultation/Participation by Affected Local Entities

    States must consult with and allow participation from local political subdivisions affected by the SIP.

    Any IDEM rulemaking procedure contained in IC 13-14-9 requires public participation in the SIP development process. In addition, IDEM ensures that the requirements of 40 CFR 51.102 are satisfied during the SIP development process. EPA proposes that Indiana has met the infrastructure SIP requirements of section 110(a)(2)(M) with respect to the 2010 NO2 and SO2 NAAQS.

    V. What action is EPA taking?

    EPA is proposing to approve most elements of submissions from IDEM certifying that its current SIP is sufficient to meet the required infrastructure elements under sections 110(a)(1) and (2) for the 2010 NO2 and SO2 NAAQS. EPA's proposed actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) are contained in the table below.

    Element 2010 NO2 2010 SO2 (A): Emission limits and other control measures A A (B): Ambient air quality monitoring and data system A A (C): Program for enforcement of control measures A A (D)1: Interstate Transport- Significant contribution A NA (D)2: Interstate Transport- interfere with maintenance A NA (D)3: PSD A A (D)4: Visibility NA NA (D)5: Interstate and International Pollution Abatement A A (E): Adequate resources A A (E): State boards A A (F): Stationary source monitoring system A A (G): Emergency power A A (H): Future SIP revisions A A (I): Nonattainment area plan or plan revisions under part D + + (J)1: Consultation with government officials A A (J)2: Public notification A A (J)3: PSD A A (J)4: Visibility protection + + (K): Air quality modeling and data A A (L): Permitting fees A A (M): Consultation and participation by affected local entities A A In the above table, the key is as follows: A Approve. NA No Action/Separate Rulemaking. + Not germane to infrastructure SIPs. VI. 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 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) and 13563 (76 FR 3821, January 21, 2011);

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

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

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

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

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

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

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

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

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

    List of Subjects in 40 CFR Part 52

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

    Dated: February 12, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-04014 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; FRL-9923-42-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve some elements of a state implementation plan (SIP) submission from Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 8-hour ground level ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action is specifically looking at infrastructure requirements concerning emission limits and other control measures.

    DATES:

    Comments must be received on or before March 30, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements) by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 408-2279.

    4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

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

    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements). EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Sarah Arra, Environmental Scientist, at (312) 886-9401 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. What should I consider as I prepare my comments for EPA? II. What is the background of these SIP submissions? III. What is EPA's review of these SIP submissions? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:

    1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date, and page number).

    2. Follow directions—EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

    3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

    4. Describe any assumptions and provide any technical information and/or data that you used.

    5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

    6. Provide specific examples to illustrate your concerns, and suggest alternatives.

    7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

    8. Make sure to submit your comments by the comment period deadline identified.

    II. What is the background of these SIP submissions?

    This rulemaking addresses a December 31, 2012, submission and a January 9, 2015, clarification from the Illinois Environmental Protection Agency (Illinois EPA) intended to address all applicable infrastructure requirements for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

    This specific rulemaking is only taking action on the CAA 110(a)(2)(A) requirements of these submittals. The majority of the other infrastructure elements were finalized in an October 16, 2014 (79 FR 62042), rulemaking.

    III. What is EPA's review of these SIP submissions?

    On September 13, 2013, EPA issued “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (2013 Memo). This guidance provides, among other things, advice on the development of infrastructure SIPs for the 2008 ozone, the 2010 NO2, the 2010 SO2 NAAQS. As noted in the 2013 Memo, pursuant to CAA section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. The public comment period for Illinois EPA's infrastructure SIP submission ended on December 26, 2012; during this period, the state did not receive any written comments, nor was there a request for a public hearing. EPA is also soliciting comment on our evaluation of the state's infrastructure SIP submission in this notice of proposed rulemaking. Illinois provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 110(a)(2) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as applicable. The following review only evaluates the state's submissions for CAA section 110(a)(2)(A) requirements.

    A. Section 110(a)(2)(A)—Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. However, EPA has long interpreted emission limits and control measures for attaining the standards as being due when nonattainment planning requirements are due.1 In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS.

    1 See, e.g., EPA's 73 FR 66964 at 67034, final rule on “National Ambient Air Quality Standards for Lead.”

    The Illinois Environmental Protection Act is contained in chapter 415, section 5, of the Illinois Compiled Statutes (415 ILCS 5). 415 ILCS 5/4 provides Illinois EPA with the authority to develop rules and regulations necessary to meet ambient air quality standards. Additionally, the Illinois Pollution Control Board (IPCB) was created under 415 ILCS 5, providing the IPCB with the authority to develop rules and regulations necessary to promote the purposes of the Illinois Environmental Protection Act. Furthermore, the IPCB ensures compliance with required laws and other elements of the state's attainment plan that are necessary to attain the NAAQS, and to comply with the requirements of the CAA (415 ILCS 5/10).

    The 2013 Memo described above states that to satisfy section 110(a)(2)(A) requirements, “an air agency's submission should identify existing EPA-approved SIP provisions or new SIP provisions that the air agency has adopted and submitted for EPA approval that limit emissions of pollutants relevant to the subject NAAQS, including precursors of the relevant NAAQS pollutant where applicable” (2013 Memo at page 18). In its January 9, 2015 clarification letter, Illinois EPA identified regulations with existing controls and emission limits that can be applied to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. These regulations include controls and emission limits for volatile organic compounds (VOC) and nitrogen oxides (NOX) which are ozone precursors. Existing controls and emission limits which control VOC as an ozone precursor and can be applied to the 2008 ozone NAAQS are found in 35 Illinois Administrative Code (IAC) Parts 205, 215, 218, 219, and 233. Existing controls and emission limits which control NOX as an ozone precursor and can be applied to the 2008 ozone and the 2010 NO2 NAAQS are found in 35 IAC Parts 217 and 225. Existing controls and emission limits which control SO2 and can be applied to the 2010 SO2 NAAQS are found in 35 IAC Parts 214 and 225. EPA proposes that Illinois has met the infrastructure SIP requirements of section 110(a)(2)(A) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    In this rulemaking, EPA is not proposing to approve any new provisions in 35 IAC Parts 205, 214, 215, 217, 218, 219, 223, and 225 that have not been previously approved by EPA. In addition, as stated in the October 16, 2014 (79 FR 62042), rulemaking approving the majority of the other infrastructure elements in the state's submission, EPA is not proposing to approve or disapprove any existing state provisions or rules related to start-up, shutdown or malfunction or director's discretion in the context of section 110(a)(2)(A).

    IV. What action is EPA taking?

    EPA is proposing to approve submissions from Illinois certifying that its current SIP is sufficient to meet the required infrastructure element under CAA section 110(a)(2)(A) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    V. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

    List of Subjects in 40 CFR Part 52

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

    Dated: February 12, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-04015 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2011-0888; EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; FRL-9923-47-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve elements of state implementation plan submissions from Ohio regarding the Prevention of Significant Deterioration infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

    DATES:

    Comments must be received on or before March 30, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2011-0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements) by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 408-2279.

    4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Dated: February 17, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-04010 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R08-OAR-2014-0811; FRL-9923-39-Region 8] Promulgation of State Air Quality Implementation Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to publish negative declarations for sewage sludge incineration (SSI) units for the State of Colorado, the State of Montana, the State of North Dakota, the State of South Dakota, the State of Utah, and the State of Wyoming. Each state notified EPA in its negative declaration letter that there are no SSI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) currently operating within the jurisdictional boundaries of the state.

    DATES:

    Written comments must be received on or before April 3, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R08-OAR-2014-0811, by one of the following methods:

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

    Email: [email protected]

    Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT section if you are faxing comments).

    Mail: Carl Daly, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.

    Hand Delivery: Carl Daly, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays. Special arrangements should be made for deliveries of boxed information.

    Please see the direct final rule which is located in the Rules Section of this Federal Register for detailed instruction on how to submit comments.
    FOR FURTHER INFORMATION CONTACT:

    Kendra Morrison, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6145, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the “Rules and Regulations” section of this Federal Register, EPA is publishing these negative declarations as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. A detailed rationale for publication is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations Section of this Federal Register.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: January 30, 2015. Debra H. Thomas, Acting Regional Administrator, Region 8.
    [FR Doc. 2015-03921 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 73 [Docket No. CDC-2015-0006] RIN 0920-AA59 Possession, Use, and Transfer of Select Agents and Toxins; Biennial Review AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Advance notice of proposed rulemaking and request for comments.

    SUMMARY:

    In accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Subtitle A (Department of Health and Human Services) of Title II (Enhancing Controls on Dangerous Biological Agents and Toxins) of Public Law 107-188 (June 12, 2002) (the Bioterrorism Response Act), the Centers for Disease Control and Prevention (CDC) located within the Department of Health and Human Services (HHS) has initiated the review of the HHS list of biological agents and toxins that have the potential to pose a severe threat to public health and safety. We are considering whether to propose amending the HHS list by removing six biological agents.

    DATES:

    Comments should be received on or before April 28, 2015.

    ADDRESSES:

    You may submit comments, identified by Regulation Identifier Number (RIN), 0920-AA59 or Docket Number CDC-2015-0006 in the heading of this document by any of the following methods:

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

    Mail: Centers for Disease Control and Prevention, Select Agent Program, 1600 Clifton Road NE., Mailstop A-46, Atlanta, Georgia 30329, ATTN: RIN 0920-AAxx.

    Instructions: All submissions received must include the agency name and RIN for this rulemaking. All relevant comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket Access: For access to the docket to read background documents or comments received or to download an electronic version of the ANPRM, go to http://www.regulations.gov. Comments will be available for public inspection Monday through Friday, except for legal holidays, from 9 a.m. until 5 p.m. at 1600 Clifton Road NE., Atlanta, GA 30329. Please call ahead to 1-866-694-4867 and ask for a representative in the Division of Select Agents and Toxins to schedule your visit. Please be aware that comments and other submissions from members of the public are made available for public viewing without changes.

    FOR FURTHER INFORMATION CONTACT:

    Robbin Weyant, Director, Division of Select Agents and Toxins, Centers for Disease Control and Prevention, 1600 Clifton Road NE., Mailstop A-46, Atlanta, Georgia 30329. Telephone: (404) 718-2000.

    SUPPLEMENTARY INFORMATION:

    The Preamble to this notice of proposed rulemaking is organized as follows:

    I. Public Participation II. Background III. Changes to 42 CFR Part 73, Modifications to the List of Select Agents and Toxins Being Considered A. Coxiella burnetii B. Rickettsia prowazekii C. Bacillus anthracis Pasteur strain D. Brucella abortus, B. melitensis, and B. suis IV. References I. Public Participation

    Interested persons or organizations are invited to participate in this rulemaking by submitting written views, recommendations, and data. Comments are invited on any topic related to this rulemaking.

    In addition, HHS/CDC invites comments specifically as to whether there are biological agents or toxins that should be added or removed from the HHS list of select agents and toxins based on the following criteria, or any other appropriate criteria:

    (1) The effect on human health of exposure to the agent or toxin;

    (2) The degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans; and

    (3) The availability and effectiveness of pharmacotherapies and immunizations to treat and prevent any illness resulting from infection by the agent or exposure to the toxin.

    (4) The needs of children and other vulnerable populations.

    Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. HHS/CDC will carefully consider all comments submitted in preparation of a proposed final rule.

    II. Background

    The Bioterrorism Response Act requires the HHS Secretary to establish by regulation a list of biological agents and toxins that have the potential to pose a severe threat to public health and safety. In determining whether to include an agent or toxin on the list, the HHS Secretary considers criteria such as the effect on human health of exposure to an agent or toxin; the degree of contagiousness of the agent and the methods by which the agent or toxin is transferred to humans; the availability and effectiveness of pharmacotherapies and immunizations to treat and prevent illnesses resulting from an agent or toxin; and the needs of children and other vulnerable populations. The current list of HHS select agents and toxins can be found at 42 CFR 73.3 (HHS select agents and toxins) and 42 CFR 73.4 (Overlap select agents and toxins). The list of HHS and Overlap select agents and toxins is available at: http://www.selectagents.gov/Select%20Agents%20and%20Toxins%20List.html.

    The HHS Secretary last republished the list of HHS select agents and toxins in the Federal Register on October 5, 2012 (77 FR 61084). The list of HHS select agents and toxins is divided into two sections. The select agents and toxins listed in § 73.3 (HHS select agents and toxins) are those regulated only by HHS under the authority of the Bioterrorism Response Act (42 U.S.C. 262a). The select agents and toxins listed in § 73.4 (Overlap select agents and toxins) are those regulated by HHS under the authority of the Bioterrorism Response Act and regulated by the U.S. Department of Agriculture under the authority of the Agricultural Bioterrorism Protection Act of 2002(7 U.S.C. 8401).

    The Bioterrorism Response Act requires the HHS Secretary to review and republish the list of select agents and toxins on at least a biennial basis. Using government subject matter experts, HHS/CDC conducts the biennial review process in consultation with the HHS/CDC Intragovernmental Select Agents and Toxins Technical Advisory Committee (ISATTAC). The ISATTAC recommends changes to the list of HHS select agents and toxins. The ISATTAC is comprised of Federal government employees from CDC, Biomedical Advanced Research and Development Authority (BARDA) within the Office of the Assistant Secretary for Preparedness and Response, the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Homeland Security (DHS), the Department of Defense (DOD), the USDA/Animal and Plant Health Inspection Service (APHIS), USDA/Agricultural Research Service (ARS), and USDA/CVB (Center for Veterinary Biologics). Based on the criteria outlined in the Bioterrorism Response Act, the ISATTAC used the following measures in its review: the degree of pathogenicity (ability of an organism to cause disease), communicability (ability to spread from infected to susceptible hosts), ease of dissemination, route of exposure, environmental stability, ease of production, ability to genetically manipulate or alter, long-term health effects, acute morbidity (illness), acute mortality (death), available treatment, status of host immunity, vulnerability of special populations, and the burden or impact on the health care system.

    III. Proposed Changes to 42 CFR Part 73, Modifications to the List of Select Agents and Toxins Being Considered

    The purpose of this advanced notice of proposed rulemaking is to seek public comment on the appropriateness of the current list of HHS and Overlap select agents and toxins. Specifically, we are providing an opportunity for interested persons to submit comments, research data, and other information that will better inform us as to whether: (1) There are any other biological agents or toxins that should be added to the list because they have the potential to pose a severe threat to public health and safety; (2) there are any other biological agents or toxins currently on the list that should be removed because they no longer have the potential to pose a severe threat to public health and safety, and/or (3) the biological agents specifically listed in the following paragraphs should be removed or remain on the list.

    HHS/CDC is also seeking comments on the following considerations regarding the list of HHS and Overlap select agents:

    A. Coxiella burnetii

    Coxiella burnetii causes a disease called Q fever. Q fever is an acute febrile rickettsial disease that varies in severity and duration. Should Coxiella burnetii be removed or retained as a HHS select agent? Are there other reasons or research data to support the removal besides the following reasons?

    • It is not easily transmitted from person to person (1);

    • It has a low mortality rate with antibiotic treatment (2); and

    • There is an investigational new drug (IND) vaccine available for at-risk personnel (3).

    B. Rickettsia prowazekii

    Rickettsia prowazekii causes epidemic typhus. Epidemic typhus is a potentially lethal, louse-borne, disease caused by R. prowazekii. Should Rickettsia prowazekii be removed or retained as a HHS select agent? Are there other reasons or research data to support the removal besides the following reasons?

    • It is readily treatable with antibiotics (4);

    • The risk of mass casualties is low because R. prowazekii can be treated with a single dose of doxycycline when symptoms are present (4); and

    • Transmissibility from person to person is low due to the fact that R. prowazekii is usually transmitted via blood, although it can be spread through inhalation of louse feces.

    C. Bacillus anthracis Pasteur Strain

    Bacillus anthracis is the bacterium that causes anthrax, an acute disease in animals and humans. However, different strains of B. anthracis have different abilities to cause disease. The Pasteur strain, for example, is unable to produce toxic factors and is not considered harmful to humans. Should B. anthracis Pasteur strain be removed or retained as an Overlap select agent? Are there other reasons or research data to support the removal besides the following reasons?

    B. anthracis Pasteur strain lacks the plasmid that encodes the toxin genes causing disease (6);

    B. anthracis Sterne strain, which lacks the plasmid that encodes for the capsule, was excluded from the requirements of the regulations effective on February 27, 2003 (7-8); and

    • Historically, the B. anthracis Pasteur strain has been retained as a select agent to allow for continued oversight of laboratories in which the accidental (or intentional) combination of this strain with the Sterne strain could occur to produce de novo the wild type phenotype B. anthracis. However, a recent study indicates that bacterial transformation of B. subtilis with plasmid DNA (e.g. pXO1 into Bacillus anthracis Pasteur strain) is inefficient; indicating that transformation with bacteria such as B. anthracis would also be inefficient (9).

    D. Brucella abortus, B. melitensis, and B. suis

    Brucella abortus, B. melitensis, and B. suis bacteria cause brucellosis, a disease that can spread from animals to humans. Should B. abortus, B. melitensis, and B. suis be removed or retained as select agents? Are there other reasons or research data to support the removal besides the following reasons?

    B. abortus has a low human mortality rate (10);

    B. abortus, B. melitensis, and B. suis are readily treatable with antibiotics (10); and

    • Human-to-human transmission is extremely rare, and wildlife carriers in the United States often come into contact with humans without significant transmission (10).

    IV. References 1. T.J. Marrie. Q fever. In: Marrie TJ, editor. Q fever. Vol. 1. Boca Raton, FL: CRC Press; 1990. (The disease). 2. M. Maurin and D. Raoult. Q fever. Clin Microbiol Rev. Oct. 1999;12(4):518-53. 3. Biosafety in Microbiological and Biomedical Laboratories (BMBL) 5th Edition, http://www.cdc.gov/biosafety/publications/bmbl5/BMBL5_sect_VIII_d.pdf. 4. D. Raoult, J.B. Ndihokubwayo, H. Tissot-Dupont, V. Roux, B. Faugere, R. Abegbinni, and R.J. Birtles. Outbreak of epidemic typhus associated with trench fever in Burundi. The Lancet. Aug. 1998; 352 (3125):353-358. 5. D. Raoult, T. Woodward, and J.S. Dumler. The history of epidemic typhus. Infect Dis Clin N Am. Mar. 2004; 18(1):127-140. 6. B.E. Ivins, J.W. Ezzell, J. Jemski, K.W. Hedlund, J.D. Ristroph, and S.H. Leppla. Immunization Studies with Attenuated Strains of Bacillus anthracis. Infection and Immunity. May 1986; 52(2):454-458. 7. Centers for Disease Control and Prevention, National Center for Emerging and Zoonotic Infectious Diseases “Anthrax Sterne strain (34F2) of Bacillus anthracis,” http://www.cdc.gov/nczved/divisions/dfbmd/diseases/anthrax_sterne/. 8. Federal Select Agent Program, “Select Agents and Toxins Exclusions,” http://www.selectagents.gov/SelectAgentsandToxinsExclusions.html. 9. C. Johnston, B. Martin, G. Fichant, P. Polard, and J.P. Claverys. Bacterial transformation: distribution, shared mechanisms and divergent control. Nature Rev. Microbiol. 2014; 12: 181-196. 10. Center for Food Security and Public Health, “Brucellosis Technical fact sheet,” http://www.cfsph.iastate.edu/Factsheets/pdfs/brucellosis.pdf. Dated: February 5, 2015. Sylvia M. Burwell, Secretary.
    [FR Doc. 2015-04169 Filed 2-26-15; 8:45 am] BILLING CODE 4163-18-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10-90, 14-259; DA 15-140; DA 15-158] Wireline Competition Bureau Seeks Comment More Generally on Letter of Credit Proposals for Connect America Phase II Competitive Bidding Process AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    In these documents, the Wireline Competition Bureau seeks comment more generally on letter of credit proposals raised by several petitions for waiver and their potential applicability to the Phase II competitive bidding process.

    DATES:

    Comments are due on or before March 30, 2015 and reply comments are due on or before April 13, 2015.

    ADDRESSES:

    You may submit comments, identified by WC Docket Nos. 10-90 and 14-259, by any of the following methods:

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432.

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

    FOR FURTHER INFORMATION CONTACT:

    Heidi Lankau, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.

    SUPPLEMENTARY INFORMATION:

    This is a synopsis of the Wireline Competition Bureau's Public Notices (Notices) in WC Docket No. 10-90, 14-259; DA 15-140, released January 30, 2015 and DA 15-158, released February 4, 2015. The complete text of these documents are available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The document may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via Internet at http://www.bcpiweb.com.

    I. Introduction

    1. On January 27, 2015, the Alliance of Rural Broadband Applicants filed a petition for limited waiver of certain letter of credit (LOC) requirements applicable to the rural broadband experiments. On February 3, 2015, NTCA—The Rural Broadband Association filed an emergency petition for limited waiver of the LOC bank eligibility requirements applicable to the rural broadband experiments. On January 21, 2015, the National Rural Utilities Cooperative Finance Corporation and its affiliate, the Rural Telephone Finance Cooperative, also filed a petition for waiver of one aspect of the Commission's LOC bank eligibility requirements.

    2. The Bureau notes that these petitions for waiver raise issues that may be relevant to broader pending questions regarding possible LOC requirements for recipients of funding awarded through the Phase II competitive bidding process. Thus, during the comment period established, the Bureau encourages parties to comment on the petitions' LOC proposals more generally and their potential applicability to the Phase II competitive bidding process.

    3. In order to develop a complete record on the issues presented in the waiver petition, the request for more general comment will be treated, for ex parte purposes, as “permit-but-disclose” in accordance with section 1.1200(a) of the Commission's rules, subject to the requirements under section 1.1206(b).

    II. Procedural Matters 1. Initial Regulatory Flexibility Act Analysis

    4. The USF/ICC Transformation Order and FNPRM included an Initial Regulatory Flexibility Analysis (IRFA) pursuant to 5 U.S.C. 603, exploring the potential impact on small entities of the Commission's proposal. We invite parties to file comments on the IRFA in light of this additional notice.

    2. Initial Paperwork Reduction Act of 1995 Analysis

    5. This document seeks comment on a potential new or revised information collection requirement. If the Commission adopts a new or revised information collection requirement, the Commission will publish a separate notice in the Federal Register inviting the public to comment on the requirement, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees.”

    3. Filing Requirements

    6. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    Paper Filers: Parties that choose to file by paper must file an original and one copy of each filing. Because more than one docket number appears in the caption of this proceeding, filers must submit two additional copies for the additional docket number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    • All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.

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

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

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

    7. All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. Parties should also send a copy of their filings to Heidi Lankau, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street SW., Room 5-B511, Washington, DC 20554, or by email to [email protected]

    8. Documents are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Furthermore, the documents may be viewed in and downloaded from ECFS.

    9. For additional information on this proceeding, contact Heidi Lankau ([email protected]) of the Wireline Competition Bureau, Telecommunications Access Policy Division, (202) 418-7400.

    Federal Communications Commission. Ryan B. Palmer, Chief, Telecommunications Access Policy Division, Wireline Competition Bureau.
    [FR Doc. 2015-04201 Filed 2-26-15; 8:45 am] BILLING CODE 6712-01-P
    80 39 Friday, February 27, 2015 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request February 23, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Food and Nutrition Service

    Title: WIC Infant and Toddler Feeding Practices Study-2 (ITFPS-2) Age 3 Extension.

    OMB Control Number: 0584-0580.

    Summary of Collection: The Health, Hunger-Free Kids Act of 2010 (Pub. L.111-296, Sec. 305) mandates programs under its authorization, including WIC, to cooperate with USDA program research and evaluation activities. The United States Department of Agriculture's (USDA) Special Supplemental Nutrition Program for Women, Infants and Children (WIC) serves a highly-vulnerable population low-income pregnant and post-partum women, infants, and children through their fifth birthday who are at nutritional risk. The program provides supplemental food packages, health referrals and nutrition education for participants. The Age 3 Extension will provide the data to answer research questions relevant to WIC program and policy as well as the nutrition and wellbeing of children up to their 3rd birthday.

    Need and Use of the Information: The study is needed to provide FNS with information on the factors that influence feeding practices and the nutrition and health outcomes of infants and toddlers in the first two years of their lives. The Age 3 Extension study will expand the data collection to their third year of life.

    Description of Respondents: Not-for-profit institutions; Individual or households; Business or other for-profit; State, Local or Tribal Government.

    Number of Respondents: 4,353.

    Frequency of Responses: Reporting: On occasion; Other (alt month).

    Total Burden Hours: 5,409.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-04088 Filed 2-26-15; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Office of the Secretary Reestablishment of the Advisory Committee on Biotechnology and 21st Century Agriculture AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary of Agriculture intends to reestablish the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21) for a two-year period.

    FOR FURTHER INFORMATION CONTACT:

    Questions should be addressed to Michael Schechtman, Designated Federal Official, telephone (202) 720-3817; fax (202) 690-4265; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Advisory Committee Purpose: USDA supports the responsible development and application of biotechnology within the global food and agricultural system. Biotechnology intersects many of the policies, programs, and functions of USDA. The charge for the AC21 is two-fold: To examine the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA; and to provide guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture. The AC21 will meet in Washington, DC, up to four (4) times per year.

    Done at Washington, DC, this 11th day of February 2015. Catherine E. Woteki, Under Secretary, REE, Chief Scientist, USDA.
    [FR Doc. 2015-04107 Filed 2-26-15; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document No. AMS-ST-14-0083] Plant Variety Protection Board; Renewal of the Plant Variety Protection Board Charter AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), this notice announces that the Secretary of Agriculture intends to renew the Plant Variety Protection Board (PVP Board).

    FOR FURTHER INFORMATION CONTACT:

    Paul Zankowski, USDA, Agricultural Marketing Service (AMS), Plant Variety Protection Office; 1400 Independence Avenue SW., Room 4512; Washington, DC 20250 or by phone at (202) 720-1128 or by Internet: http://www.regulations.gov or by email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Plant Variety Protection Act (PVPA) (7 U.S.C. 2321 et seq.) provides legal protection in the form of intellectual property rights to developers of new varieties of plants, which are reproduced sexually by seed or are tuber-propagated. A Certificate of Plant Variety Protection is awarded to an owner of a crop variety after an examination shows that it is new, distinct from other varieties, and genetically uniform and stable through successive generations. The term of protection is 20 years for most crops and 25 years for trees, shrubs, and vines.

    The PVPA also provides for a statutory Board (7 U.S.C. 2327) to be appointed by the Secretary of Agriculture. The duties of the Board are to: (1) Advise the Secretary concerning the adoption of rules and regulations to facilitate the proper administration of the Act; (2) provide advisory counsel to the Secretary on appeals concerning decisions on applications by the PVP Office and on requests for emergency public-interest compulsory licenses; and (3) advise the Secretary on any other matters under the Regulations and Rules of Practice and on all questions under section 44 of the Act, “Public Interest in Wide Usage” (7 U.S.C. 2404). Renewing the PVP Board is necessary and in the public interest.

    The PVPA provides that “the Board shall consist of individuals who are experts in various areas of varietal development covered by this Act.” The Board membership “shall include farmer representation and shall be drawn approximately equally from the private or seed industry sector and from the sector of government or the public.” The Board consists of 14 members, each of whom is appointed for a 2-year period, with no member appointed for more than three 2-year periods. Nominations are made by farmers' associations, trade associations in the seed industry, professional associations representing expertise in seed technology, plant breeding, and variety development, public and private research and development institutions (13 members) and the USDA (one member).

    Equal opportunity practices, in agreement with USDA nondiscrimination policies, will be followed in all membership appointments to the Board. To ensure that the suggestions of the Board have taken into account the needs of the diverse groups served by USDA, membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities.

    The Charter for the PVP Board will be available on the Web site at: http://www.facadatabase.gov/download.aspx?fn=Charters/1309_2013.09.11_PVPBCharter2.7.13_(2013-09-11-05-03-31).pdf or may be requested by contacting the individual identified in the FOR FURTHER INFORMATION CONTACT section of this notice.

    USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. Persons with disabilities who require alternative means for communication of program information (Braille, large print, or audiotape) should contact USDA's Target Center at 202-720-2600 (voice and TTY).

    To file a written complaint of discrimination, write USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY). USDA is an equal opportunity provider and employer.

    Dated: February 23, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.
    [FR Doc. 2015-04086 Filed 2-26-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2015-0007] Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of Figs AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice of availability.

    SUMMARY:

    We are advising the public that we have determined that it is necessary to immediately add to the Plant Protection and Quarantine Treatment Manual a new treatment schedule for methyl bromide fumigation of figs for external pests, including Chilean false red mite. We have prepared a treatment evaluation document that describes the new treatment schedule and explains why we have determined that it is effective at neutralizing these pests. We are making the treatment evaluation document available to the public for review and comment.

    DATES:

    We will consider all comments that we receive on or before May 28, 2015.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0007.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2015-0007, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0007 or in our reading room, which is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Inder P.S. Gadh, Senior Risk Manager-Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851-2018.

    SUPPLEMENTARY INFORMATION:

    The regulations in 7 CFR chapter III are intended, among other things, to prevent the introduction or dissemination of plant pests and noxious weeds into or within the United States. Under the regulations, certain plants, fruits, vegetables, and other articles must be treated before they may be moved into the United States or interstate. The phytosanitary treatments regulations contained in 7 CFR part 305 (referred to below as the regulations) set out standards for treatments required in 7 CFR parts 301, 318, and 319 for fruits, vegetables, and other articles.

    In § 305.2, paragraph (b) states that approved treatment schedules are set out in the Plant Protection and Quarantine (PPQ) Treatment Manual.1 Section 305.3 sets out a process for adding, revising, or removing treatment schedules in the PPQ Treatment Manual. In that section, paragraph (b) sets out the process for adding, revising, or removing treatment schedules when there is an immediate need to make a change. The circumstances in which an immediate need exists are described in § 305.3(b)(1). They are:

    1 The Treatment Manual is available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Manuals Unit, 92 Thomas Johnson Drive, Suite 200, Frederick, MD 21702.

    • PPQ has determined that an approved treatment schedule is ineffective at neutralizing the targeted plant pest(s).

    • PPQ has determined that, in order to neutralize the targeted plant pest(s), the treatment schedule must be administered using a different process than was previously used.

    • PPQ has determined that a new treatment schedule is effective, based on efficacy data, and that ongoing trade in a commodity or commodities may be adversely impacted unless the new treatment schedule is approved for use.

    • The use of a treatment schedule is no longer authorized by the U.S. Environmental Protection Agency or by any other Federal entity.

    A treatment schedule currently listed in the PPQ Treatment Manual (T101-i-2-1) requires baby kiwi (Actinidia arguta), fig (Ficus carica), grape (Vitis spp.), and pomegranate (Punica granatum) to be treated with methyl bromide (MB) to prevent the introduction into the United States of external pests, including Chilean false red mite (Brevipalpus chilensis). The treatment as originally approved required the use of 1.5 lb ☐ 4.0 lb of MB gas per 1,000 ft3 for 2 hours at temperatures of 40 °F or above. However, in 2006, APHIS determined that this treatment was insufficient to mitigate the risk from the mite on grapes. Therefore, as an emergency measure, the treatment was amended to require a longer exposure time of up to 3 hours under tarpaulin or 2.5 hours in chamber. As an emergency measure, this action was done administratively and was not meant to be permanent.

    On April 4, 2011, APHIS published a notice 2 in the Federal Register (76 FR 18511-18512, Docket No. APHIS-2009-0097) that approved the use of this revised treatment to treat figs from Chile in order to meet U.S. entry requirements. Since publication of that notice, we have determined that figs have a higher sorption rate of the MB gas than other commodities. Therefore, in order to achieve 100 percent mortality of Chilean false red mite on figs, the figs must be exposed to a higher dose of MB.

    2 To view the notice and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0097.

    In accordance with § 305.3(b)(2), we are providing notice that we have determined that it is necessary to add new treatment schedule T101-i-2-22, which provides for a MB treatment schedule for figs during an exposure period of 3 hours in a chamber at a dosage rate of 3.5 lbs gas/1,000 ft3 at a temperature between 50 °F and 59 °F, 3 lbs gas/1,000 ft3 at a temperature between 60 °F and 69 °F, and 2.5 lbs gas/1,000 ft3 at a temperature of 70 °F or above. Since the efficacy of new schedule T101-i-2-2 was not verified under tarpaulin, the new treatment schedule is applicable only in chambers. This action also amends treatment schedule T101-i-2-1 by removing figs from the schedule and making the revised treatment schedule permanent. Revised treatment schedule T101-i-2-1 will continue to be applicable both in chambers and under tarpaulin for grapes, baby kiwis, and pomegranates. APHIS' experience with successful importation of these commodities using the existing treatment schedule has provided sufficient evidence to prove the effectiveness of the treatment. In order to have minimum adverse impact on the ongoing trade of figs and using the immediate process as provided in § 305.3(b), these changes are effective immediately upon publication of this notice. The new treatment schedule will be listed in a separate section of the PPQ Treatment Manual, which will indicate that T101-i-2-22 was added through the immediate process described in paragraph (b) of § 305.3 and that it is subject to change or removal based on public comment.

    The reasons for the addition of this treatment schedule are described in detail in a treatment evaluation document we have prepared to support this action. The treatment evaluation document may be viewed on the Regulations.gov Web site or in our reading room (see ADDRESSES above for instructions for accessing Regulations.gov and information on the location and hours of the reading room). You may request paper copies of the treatment evaluation document by calling or writing to the person listed under FOR FURTHER INFORMATION CONTACT. Please refer to the subject of the treatment evaluation document when requesting copies.

    After reviewing the comments we receive, we will announce our decision regarding the new treatment schedule that is described in the treatment evaluation document in a subsequent notice, in accordance with paragraph (b)(3) of § 305.3. If we do not receive any comments, or the comments we receive do not change our determination that the treatment is effective, we will affirm the treatment schedule's addition to the PPQ Treatment Manual and make available a new version of the PPQ Treatment Manual in which T101-i-2-2 is listed in the main body of the PPQ Treatment Manual. If we receive comments that cause us to determine that T101-i-2-2 needs to be changed or removed, we will make available a new version of the PPQ Treatment Manual that reflects changes to or the removal of T101-i-2-2.

    Authority:

    7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 23rd day of February 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2015-04172 Filed 2-26-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service [EIS No. 2011-13640] Retraction of Salt River Allotments Vegetative Management EIS AGENCY:

    Forest Service, USDA.

    ACTION:

    Retraction of NOI.

    SUMMARY:

    The Forest Service has published a Notice of Intent (NOI) on May 25, 2011 for Salt River Allotments Vegetative Management EIS. This Environmental Impact Statement was first designed due to complexities encountered with a variety of current activities and environmental conditions that interconnect along Salt River. These activities include: White water rafting, wilderness values, critical habitat of aquatic and terrestrial species. Planned livestock grazing project included a desire by term-grazing permittees to graze livestock (i.e., cattle) along river.

    DATES:

    Not Applicable.

    ADDRESSES:

    No further comments will be received on this project.

    FOR FURTHER INFORMATION CONTACT:

    A. Jamie Wages 7680 South Sixshooter Canyon Road Globe, Arizona 85501, [email protected] or 928-402-6222. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service at (800) 877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    Selecting to do an EIS upfront was a shortcut for doing an EA and then not being able to certify proposed action did not have a significant impact in a FONSI. However, through discussions with term-grazing permittees, it was determined that if livestock were allowed to graze along river that neither Forest Service nor term-grazing permittees had time or money to conduct monitoring necessary to determine appropriateness of this proposed action along river corridor. By withdrawing complexity inherent in proposed action to graze along river, need for an EIS evaporated. Therefore, project planning will continue through an EA process. Environmental Impact Statement will be retracted on February 18, 2015.

    Dated: February 17, 2015. Richard Reitz, Globe Ranger District, Tonto National Forest. Dated: February 18, 2015. Kelly Jardine, Tonto Basin Ranger District, Tonto National Forest.
    [FR Doc. 2015-04073 Filed 2-26-15; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF AGRICULTURE Forest Service Stanislaus National Forest, CA; Notice of Intent To Prepare an Environmental Impact Statement for Rim Fire Reforestation AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of intent to prepare an Environmental Impact Statement.

    SUMMARY:

    The Stanislaus National Forest proposes about 42,000 acres of reforestation, plantation thinning, additional deer habitat and noxious weed treatments on National Forest System (NFS) lands within the 2013 Rim Fire in order to: Return mixed conifer forest to the landscape; restore old forest for wildlife; reduce fuels; enhance deer habitat; and, eradicate noxious weeds.

    DATES:

    Comments on the proposed action should be submitted within 45 days of the date of publication of this Notice of Intent. Completion of the Draft Environmental Impact Statement (EIS) is expected in November 2015 followed by the Final EIS and Draft Record of Decision (ROD) in May 2016. A final decision is expected in August 2016.

    ADDRESSES:

    Comments may be: mailed to the Stanislaus National Forest; Attn: Rim Reforestation; 19777 Greenley Road; Sonora, CA 95370; delivered to the address shown during business hours (M-F 8:00 am to 4:30 pm); or, submitted by FAX (209) 533-1890. Submit electronic comments, in common (.doc, .pdf, .rtf, .txt) formats, to: [email protected] with Subject: Rim Reforestation.

    FOR FURTHER INFORMATION CONTACT:

    Maria Benech, Stanislaus National Forest; 19777 Greenley Road; Sonora, CA 95370; phone (209) 532-3671; or email: [email protected] A scoping package, maps and other information are online at: http://www.fs.usda.gov/project/?project=45612.

    SUPPLEMENTARY INFORMATION: General Background

    The Rim Fire started on August 17, 2013 in a remote area of the Stanislaus National Forest near the confluence of the Clavey and Tuolumne Rivers about 20 miles east of Sonora, California. Over the next several weeks it burned 257,314 acres, including 154,430 acres of NFS lands, becoming the third largest wildfire in California history. The Rim Fire Reforestation project is located within the Rim Fire perimeter in the Stanislaus National Forest on portions of the Mi-Wok and Groveland Ranger Districts.

    Purpose and Need for Action

    The primary purposes of the project are to: (1) Return Mixed Conifer Forest to the Landscape; (2) Restore Old Forest for Wildlife Habitat and Connectivity; (3) Reduce Fuels for Future Fire Resiliency; (4) Enhance Deer Habitat; and, (5) Eradicate Noxious Weeds.

    Proposed Action

    The Forest Service proposed action includes about 42,000 acres of reforestation, plantation thinning, additional deer habitat and noxious weed eradication treatments on NFS lands within the 2013 Rim Fire.

    Reforestation treatments (30,065 acres) include: Hand, mechanical and manual herbicide site preparation (Glyphosate); prescribed burning; planting a diversity of conifer tree species using various patterns and densities (trees per acre) across the landscape (up and down slopes with fewer on ridges and more in drainage bottoms) to develop resilient mixed conifer forest and enhance wildlife (including deer) habitat; manual herbicide release (Glyphosate) when vegetation competition begins to inhibit survival and growth; and, noxious weed eradication as described below. The reforestation treatment (30,065 acres) includes thinning and planting on 7,307 acres of existing plantations currently under-stocked due to high burn severity from the 2013 Rim Fire.

    Plantation Thinning treatments (11,359 acres) include: Hand and mechanical site preparation; prescribed burning and thinning to achieve an Individual, Clumpy, Open (ICO) pattern to maximize heterogeneity and wildlife (including deer) habitat while creating more fire resilient stands; and, noxious weed eradication as described below.

    Additional Deer Habitat treatments (407 acres) include: Prescribed burning; and, noxious weed eradication as described below.

    Noxious Weed Eradication treatments (4,160 acres) include: Weed treatments with a variety of EPA approved herbicides (such as Glyphosate, Clopyralid, Aminopyralid, Clethodim and Fluazifop-P-butyl). These noxious weed treatments overlap (within and up to 100 feet adjacent to) the reforestation, plantation thinning and additional deer habitat treaments described above.

    No treatments are proposed within Wilderness, Inventoried Roadless Areas, or the wild classification segments of Wild and Scenic Rivers or Proposed Wild and Scenic Rivers. Project design will incorporate Best Management Practices (BMPs) according to regional and national guidance. Implementation is expected to begin in fall 2016 and continue for up to 10 years.

    Possible Alternatives

    In addition to the Proposed Action, the EIS will evaluate the required No Action alternative and likely consider other alternatives identified through the inderdisciplinary process and public participation.

    Responsible Official

    Jeanne M. Higgins, Forest Supervisor; Stanislaus National Forest; 19777 Greenley Road; Sonora, CA 95370.

    Nature of Decision To Be Made

    The responsible official will decide whether to adopt and implement the proposed action, an alternative to the proposed action, or take no action with respect to the Rim Fire Reforestation project.

    Scoping Process

    Public participation is important at numerous points during the analysis. The Forest Service seeks information, comments and assistance from federal, state, and local agencies and individuals or organizations that may be interested in or affected by the proposed action.

    The Forest Service conducts scoping according to the Council on Environmental Quality (CEQ) regulations (40 CFR 1501.7). In addition to other public involvment, this Notice of Intent initiates an early and open process for determining the scope of issues to be addressed in the EIS and for identifying the significant issues related to a proposed action. This scoping process allows the Forest Service to not only identify significant environmental issues deserving of study, but also to deemphasize insignificant issues, narrowing the scope of the EIS process accordingly (40 CFR 1500.4(g)).

    Comment Requested

    This Notice of Intent initiates the scoping proces which guides the development of the EIS. Comments on the proposed action should be submitted within 45 days of the date of publication of this Notice of Intent.

    Early Notice of Importance of Public Participation in Subsequent Environmental Review

    A draft EIS will be available for comment when the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of a draft EIS must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft EIS stage but that are not raised until after completion of the final EIS may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate during the comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final EIS.

    To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft EIS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft EIS or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

    Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection.

    Authority:

    40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21.

    Dated: February 20, 2015. Jeanne M. Higgins, Forest Supervisor.
    [FR Doc. 2015-04109 Filed 2-26-15; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Request for Extension and Revision of a Currently Approved Information Collection AGENCY:

    Grain Inspection, Packers and Stockyards Administration, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces our intention to request a 3-year extension and revision of a currently approved information collection for “Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers.”

    DATES:

    We will consider comments that we receive by April 28, 2015.

    ADDRESSES:

    We invite you to submit comments on this notice by any of the following methods:

    Internet: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.

    Mail, hand deliver, or courier to Irene Omade, GIPSA, USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 20250-3604.

    • Fax to (202) 690-2173.

    Instructions: All comments should be identified as “High Quality Specialty Grain Exported in Containers Information Collection,” and should reference to the date and page number of this issue of the Federal Register. The information collection package, public comments, and other documents relating to this action will be available for public inspection in the above office during regular business hours (7 CFR 1.27(b)). Please call GIPSA's Management and Budget Services at (202) 720-7486 to arrange a viewing of these documents.

    FOR FURTHER INFORMATION CONTACT:

    For information regarding the collection of information activities and the use of the information, contact Candace Hildreth at (202) 720-0203.

    SUPPLEMENTARY INFORMATION:

    Congress enacted The United States Grain Standards Act (USGSA) (7 U.S.C. 71-87k) to facilitate the marketing of grain in interstate and foreign commerce. The USGSA, with few exceptions, requires that all grain shipped from the United States must be officially inspected and officially weighed. The USGSA authorizes the Department of Agriculture to waive the mandatory inspection and weighing requirements of the USGSA in circumstances when the objectives of the USGSA would not be impaired.

    The Grain Inspection, Packers and Stockyards Administration (GIPSA) amended section 7 CFR 800.18 of the regulations to waive the mandatory inspection and weighing requirements of the USGSA for high quality specialty grain exported in containers. GIPSA established this waiver to facilitate the marketing of high quality specialty grain exported in containers. GIPSA determined that this action was consistent with the objectives of the USGSA and would promote the continuing development of the high quality specialty grain export market.

    To ensure that exporters of high quality specialty grain complied with this waiver, GIPSA required exporters to maintain records generated during the normal course of business that pertain to these shipments and make these documents available to GIPSA upon request for review or copying purposes (76 FR 45397). These records shall be maintained for a period of 3 years. This information collection requirement is essential to ensure that exporters who ship high quality specialty grain in containers comply with the waiver provisions. GIPSA does not require exporters of high quality specialty grain to complete and submit new Federal government record(s), form(s), or report(s).

    Title: Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers.

    OMB Number: 0580-0022.

    Expiration Date of Approval: July 31, 2015.

    Type of Request: Extension and revision of a currently approved information collection.

    Abstract: GIPSA amended the regulations under the USGSA to waive the mandatory inspection and weighing requirements for high quality specialty grain exported in containers. GIPSA established this waiver to facilitate the marketing of high quality specialty grain exported in containers. To ensure compliance with this wavier, GIPSA required these exporters to maintain records generated during their normal course of business that pertain to these shipments and make these documents available to GIPSA upon request, for review and copying purposes.

    Grain Contracts

    Estimate of Burden: Public reporting and recordkeeping burden for maintaining contract information averages 6.0 hours per exporter.

    Respondents: Exporters of high quality specialty grain in containers.

    Estimated Number of Respondents: 40.

    Estimated Number of Respondents per Request: 1.

    Estimated Total Burden on Respondents: 240 Hours.

    Estimated Total Cost: $1,780.

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

    Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
    [FR Doc. 2015-04200 Filed 2-26-15; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Emerging Technology and Research Advisory Committee; Notice of Open Meeting

    The Emerging Technology and Research Advisory Committee (ETRAC) will meet on March 12, 2015, 8:45 a.m., Room 3884, at the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC The Committee advises the Office of the Assistant Secretary for Export Administration on emerging technology and research activities, including those related to deemed exports.

    Agenda Thursday, March 12 Open Session 1. Welcome and Introductions 2. Opening Remarks by the Assistant Secretary for Export Administration 3. Report on Association of University Export Control Officials, Washington, DC Conference 4. Presentation by Dr. Peter M. Vallone, National Institute of Standards and Technology 5. Tentative-Update on Wassenaar deliberations 6. Cuba Update 7. Recruitment of ETRAC members 8. Harmonization of definitions-fundamental research 9. Report: Export Control Classification Number Review 10. Review by ETRAC committee members of their assigned categories to determine viability

    The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To the conference, submit inquiries to Ms. Yvette Springer at [email protected], no later than March 5, 2015.

    A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.

    For more information, call Yvette Springer at (202) 482-2813.

    Dated: February 23, 2015. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2015-04268 Filed 2-26-15; 8:45 am] BILLING CODE 3510-JT-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-910] Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

    Enforcement and Compliance, Department of Commerce.

    SUMMARY:

    The Department of Commerce (“the Department”) is rescinding the administrative review of the antidumping duty order on circular welded carbon quality steel pipe from the People's Republic of China (“PRC”) for the period July 1, 2013, through June 30, 2014.

    DATES:

    Effective Date: February 27, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Howard Smith or Jonathan Hill, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5193 or (202) 482-3518, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 29, 2014, based on a timely request for review by Wheatland Tube Company (“Wheatland”), the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on circular welded carbon quality steel pipe from the PRC with respect to 20 companies covering the period July 1, 2013, through June 30, 2014.1 On November 21, 2014, Wheatland withdrew its request for an administrative review of all of the companies listed in its review request.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 51548 (August 29, 2014).

    Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. In this case, Wheatland timely withdrew its review request by the 90-day deadline, and no other party requested an administrative review of the antidumping duty order. As a result, we are rescinding the administrative review of circular welded carbon quality steel pipe from the PRC for the period July 1, 2013, through June 30, 2014.

    Assessment

    The Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all appropriate entries. Because the Department is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice.

    Notifications

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

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

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: February 23, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2015-04203 Filed 2-26-15; 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: Alaska Chinook Salmon Economic Data Report (EDR).

    OMB Control Number: 0648-0633.

    Form Number(s): None.

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

    Number of Respondents: 133.

    Average Hours per Response: 40 hours for Compensated Transfer Report; 4 hours each for Vessel Fuel Survey, Vessel Master Survey; and Chinook EDR Verification/Audit.

    Burden Hours: 1,168.

    Needs and Uses: National Marine Fisheries Service (NMFS), Alaska Region manages the groundfish fisheries in the Exclusive Economic Zone off Alaska. The North Pacific Fishery Management Council (Council) prepared the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) under the authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). The FMP is implemented under regulations at 50 CFR part 679.

    NMFS manages the Bering Sea pollock fishery under the American Fisheries Act (AFA) (16 U.S.C. 1851). The AFA “rationalized” the Bering Sea pollock fishery in part by allowing for the formation and management of fishery cooperatives. AFA fishing vessels harvest pollock using pelagic (mid-water) trawl gear, which consists of large nets towed through the water by the vessel. At times, Chinook salmon and pollock occur in the same locations in the Bering Sea. Consequently, Chinook salmon are incidentally caught in the nets as pollock is harvested. This incidental catch is called bycatch and is also called prohibited species catch (PSC). Chinook Salmon are defined as a prohibited species because they are caught by a vessel issued a Federal Fisheries Permit under § 679.4(b) while fishing for groundfish (pollock) in the Bering Sea and Aleutian Islands Management Area (BSAI) or Gulf of Alaska.

    In December 2009, the Council recommended that NMFS implement the Chinook Salmon Economic Data Report (Chinook Salmon EDR) to evaluate the effectiveness of Chinook salmon bycatch management measures for the Bering Sea pollock fishery that were implemented under Amendment 91 to the BSAI FMP (75 FR 53026, August 30, 2010).

    The Chinook EDR Program provides information to the analysts and the Council for determining the effectiveness of the Incentive Plan Agreement (IPA). The Chinook EDR Program evaluates the effectiveness of the IPA incentives, the PSC limits, and the performance standard in terms of minimizing salmon bycatch in times of high and low levels of salmon abundance, and evaluates how Amendment 91 affects where, when, and how pollock fishing and salmon bycatch occur. The data collection program also provides data for NMFS and the Council to study and verify conclusions drawn by industry in the IPA annual reports.

    Affected Public:

    Frequency:

    Respondent's Obligation:

    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 24, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-04145 Filed 2-26-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Report of Whaling Operations 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 28, 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 Melissa Garcia, National Marine Fisheries Service (NMFS), Office for International Affairs and Seafood Inspection, 1315 East West Hwy, Silver Spring, MD 20910; (301) 427-8385 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for extension of a current information collection.

    Native Americans may conduct certain aboriginal subsistence whaling in accordance with the provisions of the International Whaling Commission (IWC). In order to respond to obligations under the International Convention for the Regulation of Whaling, and the IWC, captains participating in these operations must submit certain information to the relevant Native American whaling organization about strikes on and catch of whales. Anyone retrieving a dead whale is also required to report. Captains must place a distinctive permanent identification mark on any harpoon, lance, or explosive dart used, and must also provide information on the mark and self-identification information. The relevant Native American whaling organization receives the reports, compiles them, and submits the information to NOAA.

    The information is used to monitor the hunt and to ensure that quotas are not exceeded. The information is also provided to the International Whaling Commission (IWC), which uses it to monitor compliance with its requirements.

    II. Method of Collection

    Reports may be made by phone, fax, email, or in writing. Information on equipment marks must be made in writing. No form is used.

    III. Data

    OMB Control Number: 0648-0311.

    Form Number(s): None.

    Type of Review: Regular submission (extension of current information collection).

    Affected Public: Individuals or households; state, local, or tribal governments.

    Estimated Number of Respondents: 158 (157 whaling captains, one Native American whaling organization).

    Estimated Time per Response: 30 minutes for reports on whales struck or on recovery of dead whales, including providing the information to the relevant Native American whaling organization; 5 minutes for the relevant Native American whaling organization to type in each report; and 5 hours for the relevant Native American whaling organization to consolidate and submit reports.

    Estimated Total Annual Burden Hours: 86.

    Estimated Total Annual Cost to Public: $100 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 24, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-04144 Filed 2-26-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ENVIRONMENTAL PROTECTION AGENCY Coastal Nonpoint Pollution Control Program: Finding That Oregon Has Not Submitted a Fully Approvable Coastal Nonpoint Pollution Control Program AGENCY:

    National Oceanic and Atmospheric Administration, Department of Commerce; Environmental Protection Agency.

    ACTION:

    Notice of availability.

    SUMMARY:

    The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) announce the availability of the federal agencies' finding that Oregon has not submitted a fully approvable Coastal Nonpoint Pollution Control Program that meets the requirements of the Coastal Zone Act Reauthorization Amendments (CZARA). CZARA directs states and territories with coastal management programs previously approved under Section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint pollution control programs which must be submitted to NOAA and EPA for approval.

    FOR FURTHER INFORMATION CONTACT:

    Allison Castellan, Stewardship Division, (N/OCM6), Office for Coastal Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone (301) 713-3155, x125, email [email protected]

    (Federal Domestic Assistance Catalog 11.419 Coastal Zone Management Program Administration)
    SUPPLEMENTARY INFORMATION:

    NOAA and EPA (federal agencies) announce the availability of the federal agencies' finding that Oregon has not submitted a fully approvable coastal nonpoint pollution control program (coastal nonpoint program). Section 6217(a) of the Coastal Zone Act Reauthorization Amendments (CZARA), 16 U.S.C. 1455b(a), requires that each state (or territory) with a coastal management program previously approved under section 306 of the Coastal Zone Management Act must prepare and submit to the federal agencies a coastal nonpoint program for approval by the federal agencies. State coastal nonpoint programs were to be submitted to the federal agencies for approval by July 1995, and Oregon submitted its program by that date. The federal agencies provided public notice of, and invited public comment on, their proposal to approve, with conditions, the Oregon program (62 FR 6216). The federal agencies approved the program by letter dated January 13, 1998, subject to the conditions specified in the letter (63 FR 11655). All of the conditions identified at that time must be met for Oregon to have a fully approvable coastal nonpoint program. The federal agencies' finding announced in this notice addresses only the additional management measures related to forestry, which were conditioned in the 1998 approval.

    Prior to making this finding, the federal agencies invited public input on the federal agencies' proposed decision and the reasoning for such a decision and provided a 90-day public comment period on the proposed decision (see December 20, 2013, Federal Register Notice 78 FR 77104). The federal agencies also announce their publication of a response to the comments received regarding the proposed decision.

    Over time, Oregon has made considerable progress in its coastal nonpoint program in order to satisfy the conditions the federal agencies identified. As explained in the decision document containing the rationale for the federal agencies' decision, however, the federal agencies find that Oregon has not yet submitted a fully approvable program that meets the condition set for developing additional management measures for forestry, and consequently, the federal agencies find that Oregon has not submitted a program that is approvable under CZARA. The decision document describes why Oregon's program has not yet satisfied the remaining conditions that relate to reducing the adverse effects of certain forestry-related activities on Oregon's coastal water quality.

    References: The decision document, response to comments, public comments received, and other supporting information used to make the finding announced here are available on the NOAA Web site at http://coast.noaa.gov/czm/pollutioncontrol/. Hard copies are available at: U.S. Environmental Protection Agency, Oregon Operations Office, 805 SW. Broadway, Suite 500, Portland, Oregon 97205, Tom Townsend, phone (503) 326-3250.

    Dated: February 24, 2015. W. Russell Callender, Acting Assistant Administrator for Ocean Services, National Oceanic and Atmospheric Administration. Dennis J. McLerran, Regional Administrator, Region 10, U.S. Environmental Protection Agency.
    [FR Doc. 2015-04230 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed addition to and deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add a service to the Procurement List that will be furnished by nonprofit agency employing persons who are blind or have other severe disabilities and to delete products and service previously furnished by such agencies.

    Comments Must Be Received on or Before: 3/30/2015.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    For Further Information or To Submit Comments Contact: Patricia Briscoe, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Additions

    If the Committee approves the proposed addition, the entity of the Federal Government identified in this notice will be required to procure the service listed below from a nonprofit agency employing persons who are blind or have other severe disabilities.

    The following service is proposed for addition to the Procurement List for production by the nonprofit agency listed:

    Service Service Type: Mail Service. Service is Mandatory for: U.S. Air Force, Official Mail Center & Postal Service Center, 740 Arnold Avenue, Suite 1B, Whiteman AFB, MO. Mandatory Source of Supply: Anthony Wayne Rehabilitation Ctr for Handicapped and Blind, Inc., Fort Wayne, IN. Contracting Activity: Dept of the Air Force, FA4890 ACC AMIC, Newport News, VA. Deletions

    The following products and service are proposed for deletion from the Procurement List:

    Products NSN: 8345-00-NSH-0013—Case, Flag, Hardwood. NSN: 8345-00-NSH-0014—Case, Flag, Hardwood. Previous Manadatory Source: None Identified. Was Manadatory for: U.S. Fleet Forces Command, Norfolk, VA. NSN: 7530-01-498-1089—Envelope, Inter-Departmental, Red Kraft. NSN: 7530-01-498-1088—Envelope, Inter-Departmental, Yellow Kraft. NSN: 7530-01-498-1086—Envelope, Inter-Departmental, Blue Kraft. NSN: 7530-01-463-3910—Envelope, Inter-Departmental, 5-column, 100% recycled. NSN: 7530-01-463-3909—Envelope, Inter-Departmental, 3-column. NSN: 7530-01-463-3908—Envelope, Inter-Departmental, 5-column. Previous Manadatory Source: Gateway Community Industries, Inc., Kingston, NY. NSN: 7510-01-558-6166—HP C4092A compatible. NSN: 7510-00-NIB-0641—Skilcraft Toner Cartridge. Previous Manadatory Source: Alabama Industries for the Blind, Talladega, AL. NSN: 7530-00-989-0698—Card Set, Guide, File, Pressboard, Alphabetical, 1/5 Cut, Light Green, 81/2″ x 11″. Previous Manadatory Source: Georgia Industries for the Blind, Bainbridge, GA. Was Mandatory for: General Services Administration, New York, NY. Service Service Type: Grounds Maintenance. Service is Mandatory for: Oakland Army Base and Naval Supply Center, Oakland, CA. Previous Manadatory Source Rubicon Programs, Inc., Richmond, CA. Was Mandatory for: Dept of the Navy, U.S. Fleet Forces Command, Norfolk, VA. Patricia Briscoe, Deputy Director, Business Operations (Pricing and Information Management).
    [FR Doc. 2015-04096 Filed 2-26-15; 8:45 am] BILLING CODE 6353-01-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2015-0005] 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 requesting to renew the approval for an existing information collection, titled, “CFPB State Official Notification Rule.”

    DATES:

    Written comments are encouraged and must be received on or before March 30, 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: CFPB State Official Notification Rule.

    OMB Control Number: 3170-0019.

    Type of Review: Extension without change of a currently approved collection.

    Affected Public: State governments, District of Columbia, and U.S. Territories.

    Estimated Number of Respondents: 56.

    Estimated Total Annual Burden Hours: 2.

    Abstract: Section 1042 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 12 U.S.C. 5552 (Act), gave authority to certain State and US territorial officials to enforce the Act and regulations prescribed thereunder. Section 1042 also requires that the Bureau issue a rule establishing how states are to provide notice to the Bureau before taking action to enforce the Act (or, in emergency situations, immediately after taking such an action). In accordance with the requirements of the Act, the Bureau issued a final rule (12 CFR 1082.1) establishing that notice should be provided at least 10 days before the filing of an action, with certain exceptions, and setting forth a limited set of information which is to be provided with the notice.

    OMB's approval for this collection of information is scheduled to expire on 04/30/2015. Pursuant to the requirements set forth in the PRA implementing regulations at 5 CFR 1320.12, Clearance of collections of information in current rules, this request is for OMB to extend (renew) its approval for this collection of information for an additional three years.

    Request for Comments: The Bureau issued a 60-day Federal Register notice on November 14, 2014 (79 FR 67426). 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 19, 2015. Nellisha Ramdass, Acting Chief Information Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-04153 Filed 2-26-15; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID USA-2015-0008] Proposed Collection; Comment Request AGENCY:

    Office of the Administrative Assistant to the Secretary of the Army, Army Headquarters Services (OAA-AHS) DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Administrative Assistant to the Secretary of the Army announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by April 28, 2015.

    ADDRESSES:

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

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

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

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

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Office of the Administrative Assistant to the Secretary of the Army, Logistics Services Washington, Travel Services Division, 9301 Chapek Road, Fort Belvoir, VA 22060, ATTN: Ms. Nicole Jungermann, LSW, at (703) 545-0376.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Department of Defense (DoD) Passport and Passport Agent Services, Authorization to apply for “No-Fee” Passport and/or request for Visa, DD Form 1056, 0702-XXXX.

    Needs and Uses: The information collection requirement is necessary to obtain and record the personally identifiable information of official passport and/or visa applicants. This information is used to process, track, and verify no-fee passport and visa applications and requests for additional visa pages and Status of Forces Agreement (SOFA) endorsements.

    Affected Public: Individuals or Households and Federal Government.

    Annual Burden Hours: 175,000.

    Number of Respondents: 175,000.

    Responses per Respondent: 1.

    Average Burden per Response: 60 minutes.

    Frequency: On occasion

    Respondents are DoD civilian and military personnel and eligible accompanying family members traveling on official government orders to a country requiring a no-fee passport and/or visa. Authorization to apply for a no-fee passport is granted to those who can verify U.S. citizenship and legitimate official travel needs. Authorization to request a visa may also be granted to non-U.S. citizen family members, whose names are listed on the sponsor's official travel orders. The information collected on this form is shared with the Department of State (DoS) and the designated foreign embassies.

    Dated: February 23, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-04076 Filed 2-26-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulation System [Docket Number 2015-0005] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; DFARS 234.2, Earned Value Management System. AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Notice correction.

    SUMMARY:

    This document corrects the date in a notice published in the Federal Register on February 23, 2015, (80 FR 9445) concerning request for comments on the proposed extension of OMB control number 0704-0479, DFARS 234.2, Earned Value Management System. The document contained an incorrect date for submission of public comments. The new date is April 24, 2015.

    Correction
    DATES:

    DoD will consider all comments received by April 24, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Mark Gomersall, at (571) 372-6099.

    Manuel Quinones, Editor, Defense Acquisition Regulations System.
    [FR Doc. 2015-04051 Filed 2-26-15; 8:45 am] BILLING CODE 5001-06-P
    DELAWARE RIVER BASIN COMMISSION Notice of Public Hearing and Business Meeting; March 10-11, 2015

    Notice is hereby given that the Delaware River Basin Commission will hold a public hearing on Tuesday, March 10, 2015. A business meeting will be held the following day on Wednesday, March 11, 2015. The hearing and business meeting are open to the public and will be held at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania.

    Public Hearing. The public hearing on March 10, 2015 will begin at 1:30 p.m. Hearing items will include draft dockets for withdrawals, discharges and other water-related projects subject to the Commission's review, and resolutions: (1) Authorizing the Executive Director to award a contract to the lowest responsible bidder for taxonomic identification of benthic macroinvertebrates in samples collected from the Delaware River and its tributaries; (2) authorizing the Executive Director to award a contract to the lowest responsible bidder for analysis of water, sediment and tissue samples from ambient waters of the Delaware River Basin for organic chemicals including PCBs, and mercury; (3) delegating limited authority to the Executive Director to enter into settlement agreements and to waive administrative late fees for good cause shown; and (4) authorizing and directing the Executive Director to initiate rulemaking to provide for the One Process—One Permit Program and to enter into an Administrative Agreement with the New Jersey Department of Environmental Protection for demonstration of the program. The list of projects scheduled for hearing, including project descriptions, will be posted on the Commission's Web site, www.drbc.net, in a long form of this notice at least ten days before the hearing date. Written comments on draft dockets and resolutions scheduled for hearing on March 10 will be accepted through the close of the hearing that day. After the hearing on all scheduled matters has been completed, there will be an opportunity for public dialogue.

    The public is advised to check the Commission's Web site periodically prior to the hearing date, as items scheduled for hearing may be postponed if additional time is deemed necessary to complete the Commission's review, and items may be added up to ten days prior to the hearing date. In reviewing docket descriptions, the public is also asked to be aware that project details commonly change in the course of the Commission's review, which is ongoing.

    Public Meeting. The public business meeting on March 11, 2015 will begin at 1:00 p.m. and will include: adoption of the Minutes of the Commission's December 10, 2014 business meeting, announcements of upcoming meetings and events, a report on hydrologic conditions, reports by the Executive Director and the Commission's General Counsel, and consideration of any items for which a hearing has been completed or is not required. In the latter category, the meeting will include resolutions for the Minutes: (a) Authorizing the Executive Director to execute an agreement for the preparation of the triennial actuarial evaluation for post-retirement benefits required by GASB 45; and (b) authorizing the Executive Director to retain an independent accounting firm to perform required annual audits for fiscal years 2015 through 2017, with an option to continue these services through 2019.

    There will be no opportunity for additional public comment at the March 11 business meeting on hearing items for which the hearing was completed on March 10 or a previous date. Commission consideration on March 11 of items for which the public hearing is closed may result in either approval of the item (docket or resolution) as proposed, approval with changes, denial, or deferral. When the Commissioners defer an action, they may announce an additional period for written comment on the item, with or without an additional hearing date, or they may take additional time to consider the input they have already received without requesting further public input. Any deferred items will be considered for action at a public meeting of the Commission on a future date.

    Advance Sign-Up for Oral Comment. Individuals who wish to comment for the record at the public hearing on March 10 or to address the Commissioners informally during the public dialogue portion of the hearing that day are asked to sign up in advance by contacting Ms. Paula Schmitt of the Commission staff, at [email protected] or by phoning Ms. Schmitt at 609-883-9500 ext. 224.

    Addresses for Written Comment. Written comment on items scheduled for hearing may be delivered by hand at the public hearing or in advance of the hearing, either: by hand, U.S. Mail or private carrier to: Commission Secretary, P.O. Box 7360, 25 State Police Drive, West Trenton, NJ 08628; by fax to Commission Secretary, DRBC at 609-883-9522; or by email to [email protected] If submitted by email in advance of the hearing date, written comments on a docket should also be sent to Mr. William Muszynski, Manager, Water Resources Management at [email protected]

    Accommodations for Special Needs. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the informational meeting, conference session or hearings should contact the Commission Secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services (TRS) at 711, to discuss how we can accommodate your needs.

    Updates. Items scheduled for hearing are occasionally postponed to allow more time for the Commission to consider them. Other meeting items also are subject to change. Please check the Commission's Web site, www.drbc.net, closer to the meeting date for changes that may be made after the deadline for filing this notice.

    Additional Information, Contacts. The list of projects scheduled for hearing, with descriptions, will be posted on the Commission's Web site, www.drbc.net, in a long form of this notice at least ten days before the hearing date. Draft dockets and resolutions for hearing items will be available as hyperlinks from the posted notice. Additional public records relating to hearing items may be examined at the Commission's offices by appointment by contacting Carol Adamovic, 609-883-9500, ext. 249. For other questions concerning hearing items, please contact Project Review Section assistant Victoria Lawson at 609-883-9500, ext. 216.

    Dated: February 18, 2015. Pamela M. Bush, Commission Secretary and Assistant General Counsel.
    [FR Doc. 2015-03956 Filed 2-26-15; 8:45 am] BILLING CODE 6360-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program AGENCY:

    Office of Postsecondary Education, Department of Education.

    ACTION:

    Notice.

    Overview Information: Fulbright-Hays Doctoral Dissertation Research Abroad (DDRA) Fellowship Program.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.022A.

    DATES:

    Applications Available: February 27, 2015.

    Deadline for Transmittal of Applications: April 28, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The Fulbright-Hays DDRA Fellowship Program provides opportunities to doctoral candidates to engage in full-time dissertation research abroad in modern foreign languages and area studies. The program is designed to contribute to the development and improvement of the study of modern foreign languages and area studies in the United States.

    Priorities: This notice contains one absolute priority, three competitive preference priorities, and one invitational priority. In accordance with 34 CFR 75.105(b)(2)(ii), the absolute and competitive preference priorities are from the regulations for this program (34 CFR 662.21(d)).

    Absolute Priority: For FY 2015, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is:

    Specific Geographic Regions of the World.

    A research project that focuses on one or more of the following geographic areas: Africa, East Asia, Southeast Asia and the Pacific Islands, South Asia, the Near East, Central and Eastern Europe and Eurasia, and the Western Hemisphere (excluding the United States and its territories). Please note that applications that propose projects focused on the following countries are not eligible: Andorra, Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, United Kingdom, or Vatican City.

    Competitive Preference Priorities: Within this absolute priority, we give competitive preference to applications that address one or more of the following priorities.

    Under 34 CFR 75.105(c)(2)(i), for FY 2015, we award an additional three points to an application that meets Competitive Preference Priority 1; two points for an application that meets Competitive Preference Priority 2; and five points for an application that meets Competitive Preference Priority 3 (up to 10 additional points possible).

    These priorities are:

    Competitive Preference Priority 1: Specific Geographic Regions of the World (3 points).

    A research project that focuses on one or more of the following geographic areas: Sub-Saharan Africa (Angola, Benin, Botswana, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Comoros, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Mozambique, Namibia, Niger, Nigeria, Republic of the Congo, Réunion, Rwanda, São Tomé and Príncipe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Togo, Uganda, Zambia, Zimbabwe), Southeast Asia (Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Timor-Leste, Vietnam), and South Asia (Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka).

    Competitive Preference Priority 2: Focus on Priority Languages (2 points).

    A research project that focuses on any of the 78 priority languages selected from the U.S. Department of Education's list of Less Commonly Taught Languages (LCTLs), as follows:

    Akan (Twi-Fante), Albanian, Amharic, Arabic (all dialects), Armenian, Azeri (Azerbaijani), Balochi, Bamanakan (Bamana, Bambara, Mandikan, Mandingo, Maninka, Dyula), Belarusian, Bengali (Bangla), Berber (all languages), Bosnian, Bulgarian, Burmese, Cebuano (Visayan), Chechen, Chinese (Cantonese), Chinese (Gan), Chinese (Mandarin), Chinese (Min), Chinese (Wu), Croatian, Dari, Dinka, Georgian, Gujarati, Hausa, Hebrew (Modern), Hindi, Igbo, Indonesian, Japanese, Javanese, Kannada, Kashmiri, Kazakh, Khmer (Cambodian), Kirghiz, Korean, Kurdish (Kurmanji), Kurdish (Sorani), Lao, Malay (Bahasa Melayu or Malaysian), Malayalam, Marathi, Mongolian, Nepali, Oromo, Panjabi, Pashto, Persian (Farsi), Polish, Portuguese (all varieties), Quechua, Romanian, Russian, Serbian, Sinhala (Sinhalese), Somali, Swahili, Tagalog, Tajik, Tamil, Telugu, Thai, Tibetan, Tigrigna, Turkish, Turkmen, Ukrainian, Urdu, Uyghur/Uigur, Uzbek, Vietnamese, Wolof, Xhosa, Yoruba, and Zulu.

    Competitive Preference Priority 3: Thematic Focus on Academic Fields and Advanced Proficiency in Less Commonly Taught Languages (5 points).

    A research project in the field of economics, engineering, international development, global education, mathematics, political science, public health, science, or technology proposed by an applicant who will use advanced language proficiency in one of the 78 LCTLs listed in Competitive Preference Priority 2 of this notice in his or her research. An applicant must meet all three components of this priority in order to be awarded points: Propose a research project in one of the fields listed above, be proficient in the language of research at an advanced level, and propose using as a language of research one of the 78 LCTLs listed in this notice.

    Invitational Priority: For FY 2015, this priority is an invitational priority. Under 34 CFR 75.105(c)(1), we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.

    This priority is:

    Applications from Minority-Serving Institutions as well as other institutions that promote the participation of students from minority backgrounds in research abroad projects in foreign languages and international studies. For purposes of this invitational priority, Minority-Serving Institution means an institution that is eligible to receive assistance under part A of title III, under part B of title III, or under title V of the Higher Education Act of 1965, as amended (HEA).

    Program Authority: 22 U.S.C. 2452(b)(6).

    Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 81, 82, 84, 86, 97, 98, and 99. (b) The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. (d) The regulations for this program in 34 CFR part 662.

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education (IHEs) only.

    II. Award Information

    Type of Award: Discretionary grants redistributed as fellowships to individual beneficiaries.

    Estimated Available Funds: $3,011,692.

    Estimated Range of Awards: $15,000 to $60,000.

    Estimated Average Size of Awards: $33,463.

    Estimated Number of Awards: 90.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: The institutional project period is 18 months, beginning October 1, 2015. Students may request funding for a period of no less than six months and no more than 12 months.

    III. Eligibility Information

    1. Eligible Applicants: IHEs. As part of the application process, students submit individual applications to the IHE. The IHE then officially submits all eligible individual student applications with its grant application to the Department.

    Note:

    As part of its FY 2015 budget request, the Administration proposed to continue to allow funds to be used to support the applications of individuals who plan both to utilize their language skills in world areas vital to United States national security and to apply their language skills and knowledge of these countries in the fields of government, international development, and the professions. Therefore, students planning to apply their language skills in such fields and those planning teaching careers are eligible to apply to IHEs for funds from this program.

    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: Both IHEs and student applicants can obtain an application package via the Internet at www.G5.gov.

    To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application from ED Pubs, be sure to identify this program as follows: CFDA number 84.022A.

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

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms the applicant must submit, are in the application package for this program.

    Page Limits: The application narrative is where the student applicant addresses the selection criteria that reviewers use to evaluate the application. The student applicant must limit the application narrative to no more than 10 pages and the bibliography to no more than two pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, both sides, and portrait orientation.

    Note: For purposes of determining compliance with the page limits, each page on which there are words will be counted as one full page.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. However, student applicants may single space all text in charts, tables, figures, graphs, titles, headings, footnotes, endnotes, quotations, bibliography, and captions.

    • Use a font that is either 12 point or larger, or no smaller than 10 pitch (characters per inch). Student applicants may use a 10-point font in charts, tables, figures, graphs, footnotes, and endnotes. However, these items are considered part of the narrative and counted within the 10-page limit.

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limits only apply to the application narrative and bibliography. The page limits do not apply to the Application for Federal Assistance face sheet (SF 424), the supplemental information form required by the Department of Education, or the assurances and certification. However, student applicants must include their complete responses to the selection criteria in the application narrative.

    We will reject a student applicant's application if the application exceeds the page limits.

    3. Submission Dates and Times:

    Applications Available: February 27, 2015.

    Deadline for Transmittal of Applications: April 28, 2015.

    Applications for grants under this program must be submitted electronically using G5, the Department's grant management system, accessible through the Department's G5 site. For information (including dates and times) about how to submit an IHE's application electronically, or in paper format by mail or hand delivery if an IHE qualifies 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 and the regulations in 34 CFR part 79.

    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 Education, 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: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    7. Other Submission Requirements: Applications for grants under this program must be submitted electronically unless an IHE qualifies for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Fulbright-Hays DDRA Fellowship Program, CFDA number 84.022A, must be submitted electronically using the G5 system, accessible through the Department's G5 site at: www.G5.gov.

    We will reject an application if an IHE submits it in paper format unless, as described elsewhere in this section, the IHE qualifies for one of the exceptions to the electronic submission requirement and submits, no later than two weeks before the application deadline date, a written statement to the Department that the IHE qualifies 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.

    While completing the electronic application, both the IHE and the student applicant will be entering data online that will be saved into a database. Neither the IHE nor the student applicant may email an electronic copy of a grant application to us.

    Please note the following:

    • The process for submitting applications electronically under the Fulbright-Hays DDRA Fellowship Program has several parts. The following is a brief summary of the process; however, all applicants should review and follow the detailed description of the application process that is contained in the application package. In summary, the major steps are:

    (1) IHEs must email the following information to [email protected]: Name of university and full name and email address of potential project director. We recommend that applicant IHEs submit this information as soon as possible to ensure that they obtain access to G5 well before the application deadline date. We suggest that applicant IHEs send this information no later than two weeks prior to the closing date in order to facilitate timely submission of their applications;

    (2) Students must complete their individual applications and submit them to their IHE's project director using G5;

    (3) Persons providing references for individual students must complete and submit reference forms for the students and submit them to the IHE's project director using G5; and

    (4) The IHE's project director must officially submit the IHE's application, which must include all eligible individual student applications, reference forms, and other required forms, using G5.

    • The IHE must complete the electronic submission of the grant application by 4:30:00 p.m., Washington, DC time, on the application deadline date. G5 will not accept an application for this competition after 4:30:00 p.m., Washington, DC time, on the application deadline date. Therefore, we strongly recommend that both the IHE and the student applicant not wait until the application deadline date to begin the application process.

    • The hours of operation of the G5 Web site are 6:00 a.m. Monday until 7:00 p.m., Wednesday; and 6:00 a.m. Thursday until 8:00 p.m., Sunday, Washington, DC time. Please note that, because of maintenance, the system is unavailable between 8:00 p.m. on Sundays and 6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. on Thursdays, Washington, DC time. Any modifications to these hours are posted on the G5 Web site.

    • Student applicants will not receive additional point value because the student submits his or her application in electronic format, nor will we penalize the IHE or student applicant if the applicant qualifies for an exception to the electronic submission requirement, as described elsewhere in this section, and submits an application in paper format.

    • IHEs must submit all documents electronically, including all information typically provided 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.

    • Both IHEs and student applicants must upload any narrative sections and all other attachments to their 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.

    • Student transcripts must be submitted electronically through the G5 system.

    • Both the IHE's and the student applicant's electronic applications must comply with any page limit requirements described in this notice.

    • Prior to submitting your electronic application, you may wish to print a copy of it for your records.

    • After the individual student applicant electronically submits his or her application to the student's IHE, the student will receive an automatic acknowledgment. After a person submits a reference electronically, he or she will receive an online confirmation. After the applicant IHE submits its application, including all eligible individual student applications, to the Department, the applicant IHE will receive an automatic acknowledgment, which will include a PR/Award number (an identifying number unique to the IHE's application).

    • Within three working days after submitting the its electronic application, the IHE must fax a signed copy of the SF 424 to the Application Control Center after following these steps:

    (1) Print SF 424 from G5.

    (2) The applicant IHE's Authorizing Representative must sign this form.

    (3) Place the PR/Award number in the upper right hand corner of the hard-copy signature page of the SF 424.

    (4) Fax the signed SF 424 to the Application Control Center at (202) 245-6272.

    • We may request that you provide us original signatures on other forms at a later date.

    Application Deadline Date Extension in Case of System Unavailability: If an IHE is prevented from electronically submitting its application on the application deadline date because the G5 system is unavailable, we will grant the IHE an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable the IHE to transmit its application electronically, by mail, or by hand delivery. We will grant this extension if—

    (1) The IHE is a registered user of the G5 system and the IHE has initiated an electronic application for this competition; and

    (2) (a) The G5 system is unavailable for 60 minutes or more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the application deadline date; or

    (b) G5 is unavailable for any period of time between 3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application deadline date.

    We must acknowledge and confirm these periods of unavailability before granting the IHE an extension. To request this extension or to confirm our acknowledgment of any system unavailability, an IHE may contact either (1) the person listed elsewhere in this notice under For Further Information Contact (see Section VII. Agency Contact) or (2) the G5 help desk at 1-888-336-8930. If G5 is unavailable due to technical problems with the system and, therefore, the application deadline is extended, an email will be sent to all registered users who have initiated a G5 application. Extensions referred to in this section apply only to the unavailability of the G5 system.

    Exception to Electronic Submission Requirement: An IHE qualifies for an exception to the electronic submission requirement, and may submit its application in paper format, if the IHE is unable to submit an application through G5 because—

    • The IHE or a student applicant does not have access to the Internet; or

    • The IHE or a student applicant does not have the capacity to upload large documents to G5; 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), the IHE mails or faxes a written statement to the Department, explaining which of the two grounds for an exception prevents the IHE from using the Internet to submit its application. If an IHE mails a written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If an IHE faxes its 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 this statement to: Pamela J. Maimer, Ph.D., U.S. Department of Education, 1990 K Street NW., Room 6106, Washington, DC 20006-6078. FAX: (202) 502-7860.

    The IHE's paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If an IHE qualifies for an exception to the electronic submission requirement, the IHE may mail (through the U.S. Postal Service or a commercial carrier) its application to the Department. The IHE must mail the original and two copies of the 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 84.022A), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    The IHE 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 Secretary of the U.S. Department of Education.

    If the IHE mails its 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 the IHE's application is postmarked after the application deadline date, we will not consider its application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, the IHE should check with its local post office.

    c. Submission of Paper Applications by Hand Delivery.

    If an IHE qualifies for an exception to the electronic submission requirement, the IHE (or a courier service) may deliver its paper application to the Department by hand. The IHE must deliver the original and two copies of the application, by hand, 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 84.022A), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If an IHE mails or hand delivers its application to the Department—

    (1) The IHE 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 competition under which the IHE is submitting its application; and

    (2) The Application Control Center will mail a notification of receipt of the IHE's grant application. If the IHE does not receive this grant notification within 15 business days from the application deadline date, the IHE should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. General: For FY 2015, student applications are divided into seven categories based on the world area focus of their research projects, as described in the absolute priority listed in this notice. Language and area studies experts in discrete world area-based panels will review the student applications. Each panel reviews, scores, and ranks its applications separately from the applications assigned to the other world area panels. However, all fellowship applications will be ranked together from the highest to lowest score for funding purposes.

    2. Selection Criteria: The selection criteria for this competition are from 34 CFR 662.21 and are listed in the following paragraphs. The maximum score for all of the selection criteria is 100 points. The maximum score for each criterion is indicated in parentheses. The maximum score for all criteria, including the competitive preference priorities, is 110 points.

    Quality of proposed project (60 points): The Secretary reviews each application to determine the quality of the research project proposed by the applicant. The Secretary considers—

    (1) The statement of the major hypotheses to be tested or questions to be examined, and the description and justification of the research methods to be used (15 points);

    (2) The relationship of the research to the literature on the topic and to major theoretical issues in the field, and the project's originality and importance in terms of the concerns of the discipline (10 points);

    (3) The preliminary research already completed in the United States and overseas or plans for such research prior to going overseas, and the kinds, quality, and availability of data for the research in the host country or countries (10 points);

    (4) The justification for overseas field research and preparations to establish appropriate and sufficient research contacts and affiliations abroad (10 points);

    (5) The applicant's plans to share the results of the research in progress and a copy of the dissertation with scholars and officials of the host country or countries (5 points); and

    (6) The guidance and supervision of the dissertation advisor or committee at all stages of the project, including guidance in developing the project, understanding research conditions abroad, and acquainting the applicant with research in the field (10 points).

    Qualifications of the applicant (40 points): The Secretary reviews each application to determine the qualifications of the applicant. The Secretary considers—

    (1) The overall strength of the applicant's graduate academic record (10 points);

    (2) The extent to which the applicant's academic record demonstrates strength in area studies relevant to the proposed project (10 points);

    (3) The applicant's proficiency in one or more of the languages (other than English and the applicant's native language) of the country or countries of research, and the specific measures to be taken to overcome any anticipated language barriers (15 points); and

    (4) The applicant's ability to conduct research in a foreign cultural context, as evidenced by the applicant's references or previous overseas experience, or both (5 points).

    3. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary 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 Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    Under 34 CFR 662.22(b), no applicant may receive concurrently a grant from the Fulbright US Student Program (FUSP) and a grant from the Fulbright-Hays DDRA Fellowship Program. Once a candidate has accepted an award from FUSP and FUSP has expended funds on the student, the student is then ineligible for a grant under the Fulbright-Hays DDRA Fellowship Program. A student applying for a grant under the Fulbright-Hays DDRA Fellowship Program must indicate on the application if the student has currently applied for a FUSP grant. If, at any point, the candidate accepts a FUSP award prior to being notified of the candidate's status with the Fulbright-Hays DDRA Fellowship Program, the candidate should immediately notify the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If, after consultation with FUSP, we determine that FUSP has expended funds on the student (e.g., the candidate has attended the pre-departure orientation or was issued grant funds), the candidate will be deemed ineligible for an award under the Fulbright-Hays DDRA Fellowship Program at that time.

    4. Special Conditions: Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk 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 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If a student application is successful, we notify the IHE's U.S. Representative and U.S. Senators and send the IHE a Grant Award Notification (GAN); or we may send the IHE an email containing a link to access an electronic version of the GAN. We may notify the IHE informally, also.

    If a student application is not evaluated or not selected for funding, we notify the IHE.

    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 GAN. The GAN also incorporates the approved application as part of the 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 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. 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 Secretary under 34 CFR 75.118. Grantees are required to use the electronic data instrument International Resource Information System (IRIS) to complete the final report. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: Under the Government Performance and Results Act of 1993, the objective for the Fulbright-Hays DDRA Fellowship Program is to provide grants to colleges and universities to fund individual doctoral students to conduct research in other countries in modern foreign languages and area studies for periods of 6 to 12 months.

    The Department will use the following measures to evaluate its success in meeting this objective:

    DDRA GPRA Measure 1: The percentage of DDRA fellows who increased their foreign language scores in speaking, reading, and/or writing by at least one proficiency level.

    DDRA GPRA Measure 2: The percentage of DDRA fellows who complete their degree in their program of study within four years of receipt of the fellowship.

    DDRA GPRA Measure 3: The percentage of DDRA fellows who found employment that utilized their language and area studies skills within eight years of receiving their award.

    DDRA GPRA Measure 4: Efficiency Measure—The cost per DDRA fellow who found employment that utilized their language and area studies skills within eight years.

    The information provided by grantees in their performance report submitted via IRIS will be the source of data for this measure. Reporting screens for institutions and fellows may be viewed at: http://iris.ed.gov/iris/pdfs/DDRA_director.pdf. http://iris.ed.gov/iris/pdfs/DDRA_fellow.pdf.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Pamela J. Maimer, Ph.D., International and Foreign Language Education, U.S. Department of Education, 1990 K Street NW., Room 6106, Washington, DC 20006-6078. Telephone: (202) 502-7704 or by email: [email protected]

    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    If you request an application from ED Pubs, be sure to identify this program as follows: CFDA number 84.022A.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    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 for 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.

    Dated: February 24, 2015. Lynn B. Mahaffie, Deputy Assistant Secretary for Policy, Planning, and Innovation, Delegated the Authority to Perform the Functions and Duties of the Assistant Secretary for Postsecondary Education.
    [FR Doc. 2015-04137 Filed 2-26-15; 8:45 am] BILLING CODE 4001-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL15-37-000] Order Instituting Section 206 Proceeding and Directing Filing To Establish Reliability Must Run Tariff Provisions: New York Independent System Operator, Inc

    Before Commissioners: Cheryl A. LaFleur, Chairman; Philip D. Moeller, Tony Clark, Norman C. Bay, and Colette D. Honorable.

    1. The Commission, pursuant to section 206 of the Federal Power Act (FPA),1 takes action through this order to address a recurring issue in the wholesale markets administered by the New York Independent System Operator, Inc. (NYISO). NYISO, as the independent system operator, is responsible for efficiently and reliably administering the resources and transmission facilities under its control. As with certain other regions of the country, NYISO is facing challenges with temporarily retaining certain generation resources needed to ensure reliable transmission service until more permanent reliability solutions are in place. This has manifested itself in proceedings before this Commission initiated by generation resources that had sought to deactivate 2 but were determined to be needed for reliability by the New York Public Service Commission (New York Commission). These generation resources sought this Commission's approval of agreements under which the generation resources would continue to operate and recover costs that would not otherwise be recovered through generator sales of energy, capacity and ancillary services in NYISO's markets. The services provided under these agreements, commonly referred to as “must run” or “reliability must run” (RMR) services,3 provide for the retention of generation units wishing to deactivate, often because they have become uneconomic, but which are needed for transmission system reliability. NYISO was not a party to any of the agreements or applications filed for approval.

    1 16 U.S.C. 824e (2012).

    2 For purposes of this order, references to generator “deactivation” encompass generator retirements, mothballing, or any other long-term outages or suspension of service.

    3 The services are designated as RMR or “Reliability Support Services” (RSS) in the various agreements. We will generally refer to such services as RMR services here.

    2. Given the foregoing, the Commission is concerned that NYISO's Market Administration and Control Area Services Tariff (NYISO Tariff) is unjust and unreasonable. Although NYISO is the entity responsible for providing open access transmission service on the New York transmission system and ensuring the reliability and efficiency of that transmission service,4 the NYISO Tariff lacks provisions governing the rates, terms and conditions for RMR service. While the Commission has repeatedly stated that our jurisdictional markets should utilize market mechanisms to ensure that the resulting rates are just and reasonable,5 the Commission has also recognized that short-term remedies, such as RMR agreements, may be appropriate in certain circumstances to address an immediate problem at hand. Indeed, pursuant to our authority under the FPA, the Commission has accepted tariff provisions filed by other independent system operators (ISOs) and regional transmission organizations (RTOs) to implement and govern RMR service.6 In doing so, the Commission has emphasized that RMR agreements should be of a limited duration so as to not perpetuate out-of-market solutions that have the potential, if not undertaken in an open and transparent manner, to undermine price formation.7

    4 Article 2.01 of the ISO/TO Agreement, which governs the relationship between NYISO and its transmission owners, explains that NYISO has operational control over certain transmission facilities, while Transmission Owners have responsibility for the operation of Local Area Transmission System Facilities. It further explains that such operation by each Transmission Owner shall not compromise the reliable and secure operation of the New York State Transmission System, and that each Transmission Owner shall promptly comply to the extent practicable with a request from the NYISO to take action with respect to coordination of the operation of its Local Area Transmission System Facilities.

    5PJM Interconnection, LLC, 110 FERC ¶ 61,053, at P 31 (2005) (“market clearing prices that reflect [reliability] costs better support efficient consumption and investment decisions”). See also, ISO New England, Inc., 148 FERC ¶ 61,179 (2014), order on clarification, 150 FERC ¶ 61,029, at P 10 (2015) (if future winter reliability program is found to be necessary, it must be a market-based, rather than out-of-market, solution); ISO New England, Inc., 144 FERC ¶ 61,204, at P 42 (2013), reh'g denied, 147 FERC ¶ 61,026 (2014) (market-based solutions preferable to out-of-market solutions to address winter reliability issues); See Midwest Indep. Transmission Sys. Operator, Inc., 108 FERC ¶ 61,163 at n. 226 (“The Commission favors market design remedies, where possible, to provide needed revenues to support reliability-based generators and other needed investments”), reh'g denied, 109 FERC ¶ 61,157 (2004); see also Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 63 (2012), order on compliance, 148 FERC ¶ 61,056, at P 42 (2014).

    6See, e.g., PJM Interconnection, L.L.C., 107 FERC ¶ 61,112, at P 8 (2004); Calif. Indep. Sys. Operator Corp., 138 FERC ¶ 61,112 (2012); Calif. Indep. Sys. Operator Corp., 134 FERC ¶ 61,211 (2011); ISO New England, Inc. 125 FERC 61,102, order on clarification, 125 FERC ¶ 61,234 (2008), order denying reh'g, 130 FERC ¶ 61,089 (2010); Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237 (2012).

    7See, e.g., PJM Interconnection, L.L.C., 107 FERC ¶ 61,112, at PP 20-21 (2004); Midwest Indep. Transmission Sys. Operator, Inc., 108 FERC ¶ 61,163, at P 368, reh'g denied, 109 FERC ¶ 61,157 (2004) (RMR program is backstop measure designed to meet short-term reliability need).

    3. As further discussed below, the provision of RMR services has been an ongoing concern in NYISO's markets. Accordingly, to ensure the proper and efficient operation of NYISO's markets, we find that NYISO should have on file the rates, terms, and conditions for RMR service. Without such provisions, there is no assurance that generation resources will be treated on a not unduly discriminatory basis and have the opportunity to collect compensatory rates without a protracted proceeding. The uncertainty created for resources by the lack of clear tariff provisions has the potential to exacerbate the very concerns an RMR service is meant to address—ensuring the continued reliable and efficient operation of the grid, and of NYISO's markets.8 NYISO is uniquely positioned to assess the need for RMR service and the appropriate entity to assess the potential impacts RMR agreements may have on its markets in New York. Thus, NYISO should be the entity that administers RMR service in New York, and should do so pursuant to the provisions of its Commission-jurisdictional Tariff required by this order to be filed with the Commission.

    8See 16 U.S.C. 824(b)(1) (2012) (the FPA gives the Commission jurisdiction over “the transmission of electric energy in interstate commerce and . . . the sale of electric energy at wholesale in interstate commerce”).

    4. As discussed below, NYISO's Tariff is unjust and unreasonable because it does not contain provisions governing the retention of and compensation to generating units needed for reliability. The Commission, pursuant to section 206 of the FPA, will require NYISO to submit to the Commission within 120 days of the date of this order fully supported proposed tariff provisions governing the retention of and compensation to generating units required for reliability, including procedures for designating such resources, the rates, terms and conditions for RMR service, provisions for the allocation of costs of RMR service, and a pro forma service agreement for RMR service.9

    9 The Commission is acting on two filings concerning agreements for RMR service in NYISO concurrently with this order in Docket Nos. ER12-2237-002 and ER13-405-000.

    I. Background

    5. Multiple filings have been made by generators that had applied to the New York Commission to mothball certain facilities but which were determined to be needed for transmission system reliability. These generators then pursued agreements to provide RMR-type service for a limited term until permanent solutions to transmission system reliability issues are addressed by transmission upgrades. The range of RMR-type services to be provided by these units were substantially similar, but involved a number of different agreements some of which were filed at the Commission and others at the New York Commission.

    6. Specifically, on July 12, 2012, pursuant to FPA section 205,10 Dunkirk Power LLC (Dunkirk) filed in Docket No. ER12-2237-000, an unexecuted RMR agreement with cost-of-service pricing net of revenues, under which Dunkirk would provide RMR service to Niagara Mohawk Power Corporation d/b/a National Grid (National Grid) from two of Dunkirk's generation units.11 Concurrently, however, Dunkirk had been engaged in negotiations with National Grid for the same type of services for the same units but with different compensation provisions. Dunkirk filed a “Term Sheet” summarizing the RSS agreement (RSSA) with the New York Commission on July 20, 2012. Accordingly, Dunkirk submitted a request on August 1, 2012, for the Commission to hold the RMR proceeding in abeyance to provide the New York Commission time to review the Term Sheet for the RSSA. On August 16, 2012, the New York Commission approved the Dunkirk/National Grid RSSA Term Sheet. On August 22, 2012, Dunkirk filed a further request that the Commission hold the RMR proceeding in abeyance indefinitely to provide time for the parties to execute a final contract and for any subsequent New York Commission order to issue.12

    10 16 U.S.C. 824d (2012).

    11 Dunkirk Filing, Docket No. ER12-2237-000, at 1 (filed July 12, 2012).

    12 On March 4, 2013, National Grid and Dunkirk entered into a second RSSA (2013 Dunkirk RSSA) to cover the period following termination of the August 2012 RSSA. On May 20, 2013, the New York Commission approved the 2013 Dunkirk RSSA. Petition of Dunkirk Power LLC and NRG Energy, Inc. for Waiver of Generator Retirement Requirements—Order Deciding Reliability Need Issues and Addressing Cost Allocation and Recovery, Case 12-E-0136 (New York Public Service Commission, May 20, 2013.

    7. On March 29, 2013, National Grid proposed in Docket No. ER13-1182-000 to amend certain components of its Wholesale Transmission Service Charge formula under Attachment H of the NYISO Tariff to incorporate the costs it incurs pursuant to the above-described RSSAs covering the Dunkirk services as approved by the New York Commission. National Grid proposed to add a new item, “Reliability Support Services Expense,” that would have included expenses incurred pursuant to agreements entered into with generators or other similar resources for the purpose of supporting transmission reliability. On August 30, 2013, noting protestors' arguments about the unique rate and reliability implications inherent in National Grid's proposed revisions, the Commission rejected National Grid's filing, without prejudice to National Grid making a new filing under FPA section 205 providing additional support for recovery of RSS costs. The Commission found that the proposed formula rate revisions would essentially establish a placeholder that would allow the future pass-through of RSS costs. In order for the Commission to approve such a pass-through, the Commission explained that National Grid would, at a minimum, need to file any underlying RSSAs for Commission review, and support the proposed rates.13 On December 6, 2013, in Docket No. ER14-543-000, National Grid filed different revised provisions to its Wholesale Transmission Service Charge formula to pass through RSS costs and included the two RSSAs pursuant to the Commission's directive. On February 4, 2014, the Commission accepted and suspended National Grid's revisions, and made them effective subject to refund and further order.14

    13New York Independent System Operator, Inc., 144 FERC ¶ 61,172, at P 39 (2013).

    14New York Independent System Operator, Inc., 146 FERC ¶ 61,065 (2014).

    8. Similar to Dunkirk, Cayuga Operating Company, LLC (Cayuga) sought approval from the New York Commission to mothball its generation units, but it was determined that its units are needed for transmission system reliability. On November 16, 2012, pursuant to FPA section 205, Cayuga filed an unexecuted RMR agreement with the Commission under which Cayuga would provide RMR service to New York State Electric & Gas Corporation (NYSEG). This agreement was based on cost-of-service rates less the revenues earned by Cayuga from the sale of energy, capacity and ancillary services in the NYISO markets. In the meantime, similar to Dunkirk, Cayuga was in negotiations with NYSEG for an RSSA and filed a “Term Sheet” with the New York Commission summarizing the proposed RSSA, which differed from its FPA section 205 RMR agreement only as to the rate. Cayuga also requested that the Commission hold Cayuga's RMR filing in abeyance until Cayuga notified it to do otherwise.15 Following the New York Commission's December 17, 2012 order approving the RSSA Term Sheet and directing the parties to execute and subsequently file the RSSA with the New York Commission,16 Cayuga submitted an expedited motion for the Commission to hold the RMR proceeding in abeyance until further notice.17 On February 28, 2013, Cayuga filed a motion to withdraw its FPA section 205 RMR filing as moot on the grounds that it would never make sales to NYSEG under the RMR agreement it had filed with the Commission, but, rather, any sales would be pursuant to the RSSA that NYSEG filed with the New York Commission.18

    15 Cayuga Transmittal, Docket No. ER13-405-000, at 4 (filed Nov. 16, 2012).

    16Petition of Cayuga Operating Company, LLC to Mothball Generating Units 1 and 2, Case 12-E-0400, New York Public Service Commission, (issued and effective December 17, 2012).

    17 Cayuga Expedited Motion to Hold Proceeding in Abeyance, Docket No. ER13-405-000, at 2 (filed Dec. 31, 2012).

    18 Cayuga Expedited Motion to Withdraw Filing, Docket No. ER13-405-000, at 3 (filed Feb. 28, 2013).

    II. Discussion

    9. As noted above,19 NYISO's having on file rates, terms and conditions for RMR service is fundamental to the proper and efficient operation of NYISO's markets. Without such provisions, there is no assurance that generation resources will be treated on a not unduly discriminatory basis and have the opportunity to collect compensatory rates without a protracted proceeding. Thus, pursuant to FPA section 206, the Commission finds that the omission of procedures in the NYISO Tariff governing the rates, terms, and conditions of FERC-jurisdictional RMR service needed to ensure reliable transmission service renders the NYISO Tariff unjust and unreasonable and inadequate to prevent undue discrimination among similarly-situated resources. The uncertainty created for resources by the lack of clear tariff provisions has the potential to exacerbate the very concerns an RMR service is meant to address—ensuring the continued reliable and efficient operation of the grid, and of NYISO's markets. NYISO, as the independent system operator in New York, is uniquely positioned to assess the need for RMR service. Moreover, given its role, NYISO is the appropriate entity to assess the potential impacts RMR agreements may have on its markets in New York. Therefore, NYISO should be the entity that administers RMR service in New York, pursuant to the provisions of its Commission-jurisdictional Tariff required by this order to be filed with the Commission.

    19See supra note 8 and accompanying text.

    10. NYISO has filed status reports on matters concerning RMR service and compensation for nearly four years now and there has been no consensus regarding tariff provisions governing compensation for generators needed for reliability.20 The Commission thus has no expectation of NYISO and its stakeholders addressing the matter on their own. Yet, the need for RMR service remains as evidenced by the aforementioned cases, and NYISO, as the independent system operator is responsible for efficiently and reliably administering the resources under its control, particularly including the generation resources needed to ensure reliable transmission service.

    20NYISO Eighth Informational Report on Efforts to Develop Rules Addressing Compensation to Generators that Are Determined to be Needed for Reliability, Docket No. ER10-2220-000, at 2 (filed Sep. 23, 2014).

    11. If left unresolved, uncertainty regarding NYISO's RMR procedures and compensation policies could undermine NYISO's access to generation units needed for reliability. That is, in the absence of tariff provisions that would allow NYISO to secure RMR services, NYISO may not be able to ensure both that there is indeed adequate generation, and at the appropriate locations, to ensure reliable and efficient operations, and that such generation is adequately compensated so that it will be available when needed. NYISO's inability to secure adequate RMR services could impede its ability to ensure the reliable and efficient operation of the electric grid and its markets. Therefore, pursuant to FPA section 206, we direct NYISO to submit proposed tariff provisions setting forth its proposals to establish an appropriate RMR process in the NYISO tariff. The filing should consist of fully supported proposed tariff provisions governing the retention of and compensation to generating units required for reliability, including procedures for designating such resources, the rates, terms and conditions for RMR service, provisions for the allocation of costs of RMR service, and a pro forma service agreement for RMR service.21

    21 However, the Commission clarifies that NYISO's RMR proposal will not require Dunkirk to enter into new pro forma agreements for the 2012 and 2013 RSS agreements or for Cayuga to enter into new pro forma agreements for the Cayuga RSSA-1 and RSSA-2 agreements referenced above. The Commission also notes that the costs at issue in the Niagara Mohawk Power Corp. filing in Docket No. ER14-543-000, related to the 2012 and 2013 Dunkirk RSSAs, remain pending before the Commission in Docket No. ER14-543-000.

    12. In order to assist NYISO in the development of a compliance proposal, the Commission provides general guidance on the elements that should be addressed by NYISO.22 NYISO's proposal should be consistent with this general guidance.23

    22 In its evaluation of what to include in its submission, we encourage NYISO to consider the RMR tariff provisions of other RTOs/ISOs. However, we recognize that there may be reasons to allow variation among RTOs/ISOs, so we will not at this time direct NYISO to adopt any particular mechanism. See PJM Interconnection, LLC, 112 FERC ¶ 61,031, at P 21 (2005) (PJM's procedures need not precisely match procedures of another ISO).

    23 NYISO, however, is not limited to filing proposed tariff provisions that meet the general guidance provided in this order. NYISO's compliance filing may contain additional provisions as long as they are fully supported and are shown to be just and reasonable and not unduly discriminatory.

    A. RMR Process

    13. As an initial matter, as part of its RMR mechanism, NYISO should include Tariff provisions governing the schedule by which a generation owner must notify NYISO that it intends to deactivate.24 These provisions should also include a clear timeline by which NYISO will notify the generation owner that its unit is required for reliability, or, alternatively, determine that the deactivation will not impact reliability and the unit can be deactivated as planned.25 Provisions establishing a schedule by which a generator must notify NYISO of deactivation and clear timelines for action will ensure that NYISO, generation owners, all relevant transmission owners, and other concerned parties have sufficient time to plan and implement the reliability solutions necessary to address any identified reliability issue, which may ultimately mitigate the need for an RMR designation. In this regard, NYISO should describe the process for conducting the reliability analyses necessary to determine that there is a reliability need for the unit. NYISO may elect to address these requirements by expanding upon its OATT Attachment Y planning process, or developing another process as it deems appropriate for inclusion in the NYISO Tariff. We believe it is appropriate to require the NYISO Tariff to provide transparency with respect to such timelines, processes, and schedules, not just for the practical administration of the NYISO Tariff, but also to help ensure that there is no undue discrimination or preference in the handling of RMR service and agreements pursuant to the NYISO Tariff.

    24See, e.g., Midcontinent Independent System Operator, Inc. (MISO), FERC Electric Tariff 38.2.7 (requiring 26 weeks' notice); PJM Interconnection, LLC (PJM), FERC Electric Tariff Part V Section 113.1 (requiring 90 days' notice); California Independent System Operator Corp. (CAISO) FERC Electric Tariff, Section 43 (requiring 180 days' notice). See generally, Calif. Indep. Sys. Operator Corp., 138 FERC ¶ 61,112 (2012); Calif. Indep. Sys. Operator Corp., 134 FERC ¶ 61,211 (2011); ISO New England, Inc. 125 FERC 61,102, order on clarification, 125 FERC ¶ 61,234 (2008), order denying reh'g, 130 FERC ¶ 61,089 (2010); Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 18 (2012).

    25See, e.g., Calif. Indep. Sys. Operator Corp., 134 FERC ¶ 61,211 (2011); Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 18 (2010); PJM Interconnection, L.L.C., 112 FERC ¶ 61,031, at P 31 (2005).

    14. After considering the necessary reliability studies, NYISO must be the entity that makes the determination whether a specific generator is needed to ensure reliable transmission service and thus whether the facility is designated an RMR unit. As indicated earlier, NYISO is uniquely positioned to assess the need for RMR service. Further, given that it is not only the independent system operator in New York but also is responsible for administering the markets in New York, NYISO is the appropriate entity to assess the potential impacts RMR agreements may have on its markets. To avoid requiring NYISO to study steps necessary to ensure reliable operation of transmission facilities over which NYISO does not have direct operational control, we require that the NYISO Tariff indicate the entity that will conduct the study in such cases. In order to avoid any potential for bias among stakeholders, NYISO may elect to conduct the necessary reliability studies itself, including any studies necessitated by local reliability standards, such as those developed by the New York State Reliability Council (NYSRC). Under that approach, NYISO would need to identify in the NYISO Tariff how it will coordinate the necessary reliability studies with the affected transmission owners. Alternatively, NYISO may elect to allow the relevant transmission owner to conduct the necessary reliability studies. If an entity other than NYISO is to conduct the initial reliability study, NYISO must review and verify any local or regional reliability studies conducted, and notify stakeholders as to whether or not it agrees with the outcome of those studies, independent of any other relevant authority's determination that a particular unit is needed for reliability. NYISO's proposal may also include a process for it to take into consideration the relevant reliability studies and evaluations made by the New York Commission and/or NYSRC.

    15. In addition, regardless of the approach chosen by NYISO for conducting the necessary reliability studies, NYISO's proposal must include the requirement that any future generation resource-specific RMR filing made with the Commission fully describe, at a minimum, the methodologies and findings in the underlying reliability studies and clearly state all potential reliability criteria violations. NYISO's including such a requirement is important to ensuring that, when a resource-specific RMR filing is made with the Commission, the Commission will be able to evaluate NYISO's assessment of the need for operation of the resource in judging the reasonableness of the agreement including whether there has been any undue discrimination or preference.26 Where an RMR determination is based on local planning criteria, any filing also must similarly provide, and for the same reasons, a full discussion of those local criteria, including, for example, documentation as to when the criteria became effective, how the criteria were applied, which regulatory body approved the standard, and any other supporting information.27

    26See, e.g., Calif. Indep. Sys. Operator Corp., 134 FERC ¶ 61,211, at P 130 (2011) (directing tariff provisions providing that risk of retirement designation may be exercised “only if all other available procurement measures fail to procure the resources needed for reliable operation”); ISO New England, Inc. 125 FERC 61,102, at P 110, order on clarification, 125 FERC ¶ 61,234 (2008), order denying reh'g, 130 FERC ¶ 61,089 (2010), Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,337, at PP 10, 36 (2012).

    27See, e.g., MISO, FERC Electric FPA Tariff, MISO Rate Schedules, MISO Transmission Owner Agreement, C., Planning Activities., 1.0.0 (“planning shall conform to applicable reliability requirements of NERC, applicable Regional Entities, or any successor organizations, each Owner's specific reliability requirements and operating guidelines, and all applicable requirements of federal or state laws or regulatory authorities”); PJM Operating Agreement 462 (Jan. 6, 2014), available at: http://www.pjm.com/~/media/documents/agreements/oa.ashx (addressing Regional Transmission Expansion Plan criteria).

    16. Finally, NYISO's proposal must describe the process NYISO will use to evaluate alternatives for addressing the identified reliability need. The evaluation of alternatives to an RMR designation is an important step that deserves the full consideration of NYISO and its stakeholders to ensure that RMR agreements are used only as a limited, last-resort measure. To this end, NYISO, in its proposed tariff language, should explain its process for identifying RMR alternatives in detail, including how the process will ensure a thorough consideration of all types of RMR alternatives in an open and transparent manner.28 For example, MISO applies an open and transparent process to consider with its stakeholders feasible alternatives to an RMR designation, including (depending on the type of reliability concern identified) transmission upgrades, demand-side resources, and generator alternatives, as well as alternative operating procedures (e.g., re-dispatch, temporary rating increases, special protection systems).29 Our requiring that NYISO describe this process promotes the transparency needed to ensure that the process has indeed not been unduly discriminatory or preferential. Furthermore, NYISO's proposal must include the requirement that any future generation resource-specific RMR filing made with the Commission should detail the alternative solutions evaluated and justify the term of the proposed RMR agreement vis-à-vis the timing of alternative solutions to the identified reliability need.30 This last requirement reflects our belief that RMR filings should be made only to temporarily address the need to retain certain generation until more permanent solutions are in place and that all alternatives should be considered to ensure that designating a generator for RMR service is a last resort option for meeting immediate reliability needs.

    28See, e.g., Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 36 (2012).

    29See, e.g., Midcontinent Independent System Operator, Inc., FERC Electric Tariff, § 38.2.7.

    30See, e.g., Midwest Independent Transmission System Operator, Inc., 140 FERC ¶ 61,237, at PP 10, 106 (2012).

    B. RMR Compensation

    17. As RMR agreements are for Commission jurisdictional services, we require NYISO's RMR proposal to include provisions dealing with compensation for RMR services. The Commission believes that NYISO's RMR compensation provisions should reflect the nature of NYISO's RMR proposal. That is, should NYISO choose an exclusively voluntary RMR regime, under which a generator wishing to deactivate could reject the reliability needs determination and continue to deactivate absent the establishment of acceptable compensation, the tariff should provide for the parties to agree to an appropriate cost-based rate. Compensation to an RMR generator must at a minimum allow for the recovery of the generator's going-forward costs,31 with parties having the flexibility to negotiate a cost-based rate up to the generator's full cost of service.32 This ensures that generators are appropriately compensated for agreeing to provide RMR service. Thus, if NYISO chooses an exclusively voluntary RMR regime, the tariff must include a process by which NYISO and the RMR unit may negotiate an appropriate cost-based rate, to minimize the potential for protracted disputes concerning that unit's compensation. The participation of the NYISO Independent Market Monitor in negotiations with the generator regarding the appropriate level of charges to include in the negotiated RMR rate should also be considered. Alternatively, should NYISO choose an exclusively mandatory RMR regime, under which a generator wishing to deactivate but determined by NYISO to be needed for reliability is required to remain in operation, NYISO's proposal should provide for compensation at a full cost-of-service rate.33

    31 With respect to the going-forward costs rate, the Commission recognizes that the NYISO Services Tariff already defines Going Forward Costs. NYISO Services Tariff, Attachment H, 23.2.1. However, for purposes of its RMR proposal, NYISO may wish to define going-forward costs differently in the context of RMR unit compensation.

    32PJM Interconnection, LLC, 107 FERC ¶ 61,112, at P 40 (2004).

    33Midcontinent Indep. Sys. Operator, Inc., 148 FERC ¶ 61,057, at P 84 (2014) (“While the Commission has accepted a range of reasonable compensation methodologies for RMR units in RTOs/ISOs, we find that it is unjust and unreasonable to not allow SSRs to receive compensation for the fixed costs of existing plant given MISO's authority under its Tariff to unilaterally require a generator that seeks to retire or suspend operations to remain online in order to address reliability concerns”).

    18. NYISO's proposal should also contain procedures requiring the filing of RMR agreements for review and approval by the Commission, including, among other provisions, a pro forma RMR Agreement; 34 a filing requirement for RMR agreements will ensure Commission review of the agreements and thus ensure that they are just and reasonable and not unduly discriminatory or preferential.35 Specifically, regardless of whether NYISO adopts a voluntary approach or an involuntary approach, NYISO's proposal should provide authorization for a generator to file, for Commission review, an RMR agreement under FPA section 205 in the form of the Tariff's pro forma RMR Agreement containing cost-based rates (and provisions for filings to change such rates) 36 for the provision of RMR service in accordance with the NYISO Tariff.37 Providing for such FPA section 205 filings will ensure that generators delaying deactivation for transmission system reliability reasons will have the authority to seek just and reasonable rates when they delay deactivation. In the case where a generator seeks to file such rates under FPA section 205, NYISO should provide the generator the reliability study report and NYISO's RMR proposal should address which entity will file the reliability report(s) with the Commission.

    34 The filing of RMR agreements should be done consistent with the requirements of the Commission's eTariff system.

    35Midwest Indep. Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 10 (2012).

    36 For example, a generator should have the ability to file to change that rate under section 205 in the event, among other things, that materially adverse unforeseen circumstances affecting the unit increase its costs, or, alternatively, if circumstances result in a decrease in costs.

    37See, e.g., PJM Interconnection, L.L.C., 112 FERC ¶ 61,031, at PP 18-20 (2005); see also PJM OATT 119. (“A generator seeking to provide RMR services under a non-conforming RMR Agreement must file that agreement for Commission review and approval, and demonstrate that it is consistent with or superior to the pro forma agreement”); see also Midcontinent Indep. Sys. Operator, Inc., 148 FERC ¶ 61,057, at P 92 (2014) (“the MISO Tariff should allow generation or SCU owners designated as SSRs to file their own revenue requirement in order to protect that generation or SCU owner's rights under FPA section 205”).

    19. NYISO's RMR proposal should address the circumstance of accelerated cost recovery for generators that require upgrades, retrofitting, repowering, or some other form of additional investment required to continue operating during the term of the RMR agreement, to ensure that in such circumstances generators are appropriately compensated.38 In addition, the proposal should likewise address recovery of such investments from RMR generators should the RMR unit receive compensation for the investment during the term of the RMR agreement but then continue to operate as a merchant unit after the term of the RMR agreement.39 Such provisions should ensure that generators under RMR agreements will not recover more than an allocable portion of the cost of such investments from providing RMR service.

    38See, e.g., ISO New England, Inc. 125 FERC 61,102, at PP 82-84, order on clarification, 125 FERC ¶ 61,234 (2008), order denying reh'g, 130 FERC ¶ 61,089 (2010).

    39Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 138 (2012), order on compliance, 148 FERC ¶ 61,056, at P 44 (2014).

    C. RMR Cost Allocation

    20. NYISO's RMR compliance filing should include tariff provisions specifying a methodology for allocating the costs of RMR agreements, as appropriate cost allocation is essential to ensuring that the rates charged are just and reasonable and not unduly discriminatory or preferential.40 Moreover, disclosing the allocation of RMR costs in this manner will enable the entities to whom the costs may be allocated to better understand their potential responsibility for the RMR costs.41 Other RTOs and ISOs have adopted different approaches to address the recovery of the costs associated with agreements like the RMR agreements discussed in this order. For example, in PJM Interconnection, L.L.C. (PJM), RMR costs are allocated to the load in the zone(s) of the transmission owners that will be assigned financial responsibility for the reliability upgrades necessary to alleviate the reliability impact that would result from the unit's deactivation.42 NYISO should ensure that any cost allocation regime is consistent with the Commission's cost allocation principles and precedents.

    40PJM Interconnection, L.L.C., 107 FERC ¶ 61,112, at P 22 (2004).

    41 Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,237, at P 154 (2012).

    42See, e.g., PJM OATT 120.

    D. Toggling Provisions

    21. NYISO's proposal should also include rules to eliminate, or at least minimize, incentives for a generator needed for reliability to toggle between receiving RMR compensation and market-based compensation for the same units.43 The Commission appreciates that uneconomic units could become economic for a number of reasons, including changing market conditions and the need for and timing of capital investments. However, the Commission is concerned that any proposed provisions not provide an incentive for a generation resource to propose to deactivate earlier than it otherwise would have in expectation of being needed for reliability and, therefore, be able to receive more revenues under an RMR service agreement than by remaining in the market. As noted above, the tariff provisions should not provide an incentive for a generation resource to re-enter the market after having received accelerated recovery of the cost of additional investments made under its RMR agreement.44 Accordingly, to address the Commission's concerns related to toggling, NYISO should craft tariff provisions that provide clear guidance to generators regarding the implications of a deactivation notice.

    43See, e.g., PJM OATT 118; ISO-NE, Transmission Markets and Services Tariff, III.13.2.5.2.5 (18.0.0); MISO, FERC Electric Tariff, 38.2.7 (4.0.0); CAISO, eTariff, 43.2.6 (1.0.0).

    44See, ISO New England Inc., 125 FERC ¶ 61,102, at PP 45-48 (2008).

    The Commission Orders

    (A) Pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by section 402(a) of the Department of Energy Organization Act and by the Federal Power Act, particularly section 206 thereof, and pursuant to the Commission's Rules of Practice and Procedure and the regulations under the Federal Power Act (18 CFR Chapter I), the Commission hereby institutes a proceeding in Docket No. EL15-37-000 concerning the justness and reasonableness of NYISO's Tariff with regard to RMR issues, as discussed in the body of this order.

    (B) Within 120 days of the date of issuance of this order, NYISO shall submit a compliance filing containing a proposed RMR Rate Schedule and pro forma RMR agreement, as discussed in the body of this order.

    (C) Any interested person desiring to be heard in this proceeding must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214 (2014)) within 21 days of the date of this order.

    (D) The Secretary is hereby directed to promptly publish this order in the Federal Register.

    By the Commission.

    Issued: February 19, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-04119 Filed 2-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL14-33-000] DATC Path 15, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On April 17, 2014, the Commission issued an order in Docket No. EL14-33-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation to determine the justness and reasonableness of DATC Path 15, LLC's proposed transmission revenue requirement reduction. DATC Path 15, LLC, 147 FERC ¶ 61,035 (2014).

    The refund effective date in Docket No. EL14-33-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Dated: February 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-04082 Filed 2-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF15-1-000] PennEast Pipeline Company, LLC; Notice of Postponement of Public Scoping Meeting for the Penneast Pipeline Project

    On January 13, 2015, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Intent to Prepare an Environmental Impact Statement for the Planned PennEast Pipeline Project, Requests for Comments on Environmental Issues, and Notice of Public Scoping Meetings. The notice solicited comments on the potential environmental impacts of the planned project and announced the time and location of five public scoping meetings being held for the environmental proceedings.

    Due to unforeseen circumstances, the Commission staff is postponing the scoping meeting planned for Wednesday, January 28, 2015 at Bucks County Community College, Kevin and Sima Zlock Performing Arts Center Gateway Auditorium, 275 Swamp Road, Newtown, Pennsylvania 18940. Once a new venue is established and scheduled, the Commission will issue another notice advising of the new location and time.

    Dated: January 26, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-04049 Filed 2-26-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-86-000] El Paso Natural Gas Company, L.L.C.; Notice of Request Under Blanket Authorization

    Take notice that on February 12, 2015, El Paso Natural Gas Company, L.L.C. (EPNG), P.O. Box 1087, Colorado Springs, Colorado, 80944 filed a prior notice request pursuant to sections 157.205 and 157.213 of the Commission's regulations under the Natural Gas Act for authorization to construct and operate certain natural gas storage field facilities within EPNG's existing Washington Ranch Storage Field located in Eddy County, New Mexico. Specifically, EPNG proposes to: (i) Drill and connect two new injection/withdrawal wells, (ii) construct two appurtenant six-inch outside diameter storage pipelines totaling up to 2,400 feet, and (iii) install new well pad measurements. The project is referred to as the Washington Ranch Project. EPNG states that the two new wells and associated laterals are designed to better access existing working capacity, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this Application should be directed to Francisco Tarin, Director, Regulatory Affairs Department, El Paso Natural Gas Company, LLC, P.O. Box 1087, Colorado Springs, Colorado, 80944, or by calling (719) 667-7517.

    Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the NGA (18 CFR 157.205) file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter's will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenter's will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site (www.ferc.gov) under the “e-Filing” link. Persons unable to file electronically should submit original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Dated: February 23, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-04125 Filed 2-26-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2003-0004; FRL-9923-28] Access to Confidential Business Information by the Food and Drug Administration, Office of Foods and Veterinary Medicine AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has authorized, the Food and Drug Administration, Office of Foods and Veterinary Medicine (FDA), to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA) and Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

    DATES:

    Access to the confidential data will occur no sooner than March 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-1404; email address: [email protected]

    Additional information on this activity can be obtained from: Scott M. Sherlock, Attorney Advisor, Office of Pollution Prevention and Toxics (OPPT), Office of Chemical Safety, Pesticides and Prevention (OCSPP), Environmental Protection Agency, 1200 Pennsylvania Ave., Washington, DC 20460-0001; telephone number (202) 564-8257; email address: sherlock.scott@epa.gov.

    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. General Information A. Does this action apply to me?

    This action is directed to the public in general. This action may, however, be of interest to all who manufacture, process, or distribute industrial chemicals. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2003-0004, is available at http://www.regulations.gov or 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.

    II. What action is the Agency taking?

    In the Spring of 2014, consistent with 40 CFR 2.209, the FDA requested access to information substances that may be present in foods (including animal food and feed), animal drugs, and cosmetics which is collected under the authority of the TSCA and FIFRA. This action gives notice that FDA will be given access to materials collected through the authority of TSCA and FIFRA, including information claimed as CBI. The access to this material is contemplated in a memorandum of understanding between the two agencies. The expectation is that the two agencies will share, on a reciprocal and as-needed basis, information, including non-public information, which may facilitate implementation of the agencies' respective programs. This activity is intended to maximize the utility of data collected under those statutes, and enhance the efficiency of the participants' regulatory processes and facilitate better risk management activities.

    EPA is issuing this notice to inform all submitters of information under all sections of TSCA and FIFRA, that EPA may provide FDA access to these CBI materials on a need-to-know basis only. All access to TSCA and FIFRA CBI under this agreement will take place at FDA Headquarters located at 4300 River Road, College Park, MD.

    Clearances for access to TSCA and FIFRA CBI under this arrangement may continue until terminated by either party.

    FDA personnel will be briefed on appropriate security procedures before they are permitted access to the CBI.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: February 23, 2015. Mario Caraballo, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2015-04149 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9019-7] Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-1399 or http://www.epa.gov/compliance/nepa/

    Weekly receipt of Environmental Impact Statements Filed 02/16/2015 Through 02/20/2015 Pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

    EIS No. 20150041, Draft EIS, NPS, CA,Alcatraz Ferry Embarkation, Comment Period Ends: 05/20/2015, Contact: Samantha Pollak (415) 561-4700. EIS No. 20150042, Final EIS, NPS, NV,Jimbilnan, Pinto Valley, Black Canyon, Eldorado, Ireteba Peaks, Nellis Wash, Spirit Mountain, and Bridge Canyon Wilderness Areas, Lake Mead Wilderness Management Plan, Review Period Ends: 04/03/2015, Contact: Greg Jarvis (303) 969-2263. EIS No. 20150043, Final EIS, FERC, PR,Aguirre Offshore GasPort Project, Review Period Ends: 03/30/2015, Contact: Gertrude Johnson (202) 502-6692. EIS No. 20150044, Draft EIS, USACE, CA,San Joaquin River Basin Project, Comment Period Ends: 04/13/2015, Contact: Tanis Toland (916) 557-6717. EIS No. 20150045, Final Supplement, USDA, BLM, UT,Leasing and Underground Mining of the Greens Hollow Federal Coal Lease Tract UTU-102, Review Period Ends: 04/17/2015, Contact: Thomas Lloyd (USDA) (435) 636-3596 and Steve Rigby (BLM) (435) 636-3604.

    The U.S. Department of the Interior's Bureau of Land Management and the U.S. Department of Agriculture's Forest Service are joint lead agencies for above project.

    EIS No. 20150046, Final EIS, USFS, MT,East Deer Lodge Valley Landscape Restoration Management Project, Review Period Ends: 03/30/2015, Contact: Alex Dunn (406) 683-3864. Amended Notices EIS No. 20140300, Draft EIS, BLM, NV,Las Vegas and Pahrump Field Offices Draft Resource Management Plan, Comment Period Ends: 03/09/2015, Contact: Lee Kirk (702) 515-5026. Revision to FR Notice Published 10/10/2014; Extending Comment Period from 02/06/2015 to 03/09/2015. Dated: February 24, 2015. Cliff Rader, Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2015-04139 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [DA 15-184] Federal Advisory Committee Act; Technological Advisory Council AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the Commission released a public notice announcing the meeting in accordance with the Federal Advisory Committee Act, this notice advises interested persons that the Federal Communications Commission's (FCC) Technological Advisory Council will hold its first meeting of the Technological Advisory Council for 2015.

    DATES:

    Wednesday, April 1, 2015, from 1:00 p.m. to 4:00 p.m.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Walter Johnston, Chief, Electromagnetic Compatibility Division, 202-418-0807; [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Public Notice, DA 15-184 released February 10, 2015, announcing the first meeting of the Technological Advisory Council for 2015. At its prior meeting on December 4, 2014, the Council had discussed possible work initiatives for 2015. These initiatives have been discussed in the interim within the FCC, with the TAC chairman, as well as with individual TAC members. At the April meeting, the FCC Technological Advisory Council will discuss its proposed work program for 2015. The FCC will attempt to accommodate as many people as possible. However, admittance will be limited to seating availability. Meetings are also broadcast live with open captioning over the Internet from the FCC Live Web page at http://www.fcc.gov/live/. The public may submit written comments before the meeting to: Walter Johnston, the FCC's Designated Federal Officer for Technological Advisory Council by email: [email protected] or U.S. Postal Service Mail (Walter Johnston, Federal Communications Commission, Room 7-A224, 445 12th Street SW., Washington, DC 20554). Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to [email protected] or by calling the Office of Engineering and Technology at 202-418-2470 (voice), (202) 418-1944 (fax). Such requests should include a detailed description of the accommodation needed. In addition, please include your contact information. Please allow at least five days advance notice; last minute requests will be accepted, but may be impossible to fill.

    Federal Communications Commission.

    Julius P. Knapp, Chief, Office of Engineering and Technology.
    [FR Doc. 2015-04202 Filed 2-26-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10201, American National Bank, Parma, Ohio

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for American National Bank, Parma, Ohio (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of American National Bank on March 19, 2010. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.1, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated: February 23, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-04043 Filed 2-26-15; 8:45 am] BILLING CODE 6714-01-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0080]; [Docket 2015-0001; Sequence 2] General Services Administration Acquisition Regulation; Information Collection; Contract Financing Final Payment (GSA Form 1142 Release of Claims) AGENCY:

    Office of Acquisition Policy, GSA.

    ACTION:

    Notice of request for comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement and the reinstatement of GSA Form 1142, Release of Claims, regarding final payment under construction and building services contract. GSA Form 1142 was inadvertently deleted as part of the rewrite of GSAR regulations on Contract Financing. GSA Contracting Officers have used this form to achieve uniformity and consistency in the release of claims process.

    DATES:

    Submit comments on or before: April 28, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Dana Munson, General Services Acquisition Policy Division, GSA, (202) 357-9652 or email [email protected]

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0080, Contract Financing Final Payment; (GSA Form 1142, Release of Claims) by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB Control number 3090-0080. Select the link “Comment Now” that corresponds with “Information Collection 3090-0080, Contract Financing Final Payment; (GSA Form 1142, Release of Claims).” Follow the instructions on the screen. Please include your name, company name (if any), and “Information Collection 3090-0080, Contract Financing Final Payment; (GSA Form 1142, Release of Claims),” on your attached document.

    Fax: 202-501-4067.

    Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Hada Flowers/IC 3090-0080, Contract Financing Final Payment; (GSA Form 1142, Release of Claims).

    Instructions: Please submit comments only and cite Information Collection 3090-0080, Contract Financing Final Payment; (GSA Form 1142, Release of Claims), in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    SUPPLEMENTARY INFORMATION: A. Purpose

    The General Services Administration Acquisition Regulation (GSAR) clause 552.232-72 requires construction and building services contractors to submit a release of claims before final payment is made to ensure contractors are paid in accordance with their contract requirements and for work performed. GSA Form 1142, Release of Claims is used to achieve uniformity and consistency in the release of claims process.

    B. Annual Reporting Burden

    Respondents: 2000.

    Responses per Respondent: 1.

    Hours per Response: .10.

    Total Burden Hours: 200.

    C. Public Comment

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control No. 3090-0080, Contract Financing Final Payment; (GSA Form 1142, Release of Claims), in all correspondence.

    Dated: February 24, 2015. Jeffrey A. Koses, Director, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2015-04116 Filed 2-26-15; 8:45 am] BILLING CODE 6820-61-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Determination and Declaration Regarding Emergency Use of New In Vitro Diagnostics for Detection of Enterovirus D68 AGENCY:

    Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary of Health and Human Services (HHS) is issuing this notice pursuant to section 564 of the Federal Food, Drug, and Cosmetic (FD&C) Act, 21 U.S.C. 360bbb-3. On February 6, 2015, the Secretary determined that there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves enterovirus D68 (EV-D68). On the basis of this determination, she also declared that circumstances exist justifying the authorization of emergency use of new in vitro diagnostics for detection ofEV-D68 pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section.

    DATES:

    The determination and declaration are effective February 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Karen Mason, Centers for Disease Control and Prevention, 1600 Clifton Road MS-A34, Atlanta, GA 30333, Telephone (404) 639-1297 (this is not a toll free number).

    SUPPLEMENTARY INFORMATION: I. Background

    Under Section 564 of the FD&C Act, the Commissioner of the Food and Drug Administration (FDA), acting under delegated authority from the Secretary of HHS, may issue an Emergency Use Authorization (EUA) authorizing (1) the emergency use of an unapproved drug, an unapproved or uncleared device, or an unlicensed biological product; or (2) an unapproved use of an approved drug, approved or cleared device, or licensed biological product. Before an EUA may be issued, the Secretary of HHS must declare that circumstances exist justifying the authorization based on one of four determinations: (1) A determination by the Secretary of Homeland Security that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a chemical, biological, radiological, or nuclear (“CBRN”) agent or agents; (2) the identification of a material threat by the Secretary of Homeland Security pursuant to section 319F-2 of the Public Health Service (PHS) Act 1 sufficient to affect national security or the health and security of United States citizens living abroad; (3) a determination by the Secretary of Defense that there is a military emergency, or a significant potential for a military emergency, involving a heightened risk to United States military forces of attack with a CBRN agent or agents; or (4) a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect national security or the health and security of United States citizens living abroad, and that involves a CBRN agent or agents, or a disease or condition that may be attributable to such agent or agents.2

    1 42 U.S.C. 247d-6b

    2 As amended by the Pandemic and All-Hazards Preparedness Reauthorization Act, Public Law 113-5, the Secretary may make determination of a public health emergency, or a significant potential for a public health emergency, under section 564 of the FD&C Act. The Secretary is no longer required to make a determination of a public health emergency in accordance with section 319 of the PHS Act, 42 U.S.C. 247d, to support a determination or declaration made under section 564 of the FD&C Act.

    Based on any of these four determinations, the Secretary of HHS may then declare that circumstances exist that justify the EUA, at which point the FDA Commissioner may issue an EUA if the criteria for issuance of an authorization under section 564 of the FD&C Act are met. The Centers for Disease Control and Prevention (CDC), HHS, requested that the FDA, HHS, issue an EUA for new in vitro diagnostics for detection of EV-D68 to allow the Department to take preparedness measures based on information currently available about the EV-D68.

    The determination of a significant potential for a public health emergency, and the declaration that circumstances exist justifying emergency use of new in vitro diagnostics for detection ofEV-D68 by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for in vitro diagnostics for detection ofEV-D68 for emergency use under section 564 of the FD&C Act.

    II. Determination by the Secretary of Health and Human Services

    On February 6, 2015, pursuant to section 564 of the FD&C Act, I determined that there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves EV-D68.

    III. Declaration of the Secretary of Health and Human Services

    Also on February 6, 2015, on the basis of my determination of a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves EV-D68, I declared that circumstances exist justifying the authorization of emergency use of new in vitro diagnostics for detection of EV-D68 pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section.

    Notice of the EUAs issued by the FDA Commissioner pursuant to this determination and declaration will be provided promptly in the Federal Register as required under section 564 of the FD&C Act.

    Dated: February 6, 2015. Sylvia M. Burwell, Secretary.
    [FR Doc. 2015-04121 Filed 2-26-15; 8:45 am] BILLING CODE 4150-37-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Secretary's Advisory Committee on Human Research Protections AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    Pursuant to Section 10(a) of the Federal Advisory Committee Act, U.S.C. Appendix 2, notice is hereby given that the Secretary's Advisory Committee on Human Research Protections (SACHRP) will hold a meeting that will be open to the public. Information about SACHRP and the full meeting agenda will be posted on the SACHRP Web site at: http://www.dhhs.gov/ohrp/sachrp/mtgings/index.html.

    DATES:

    The meeting will be held on Tuesday, March 24, 2015, from 8:30 a.m. until 5:00 p.m. and Wednesday, March 25, 2015, from 8:30 a.m. until 4:30 p.m.

    ADDRESSES:

    Fishers Lane Conference Center, Terrace Level, 5635 Fishers Lane, Rockville, Maryland 20852.

    FOR FUTHER INFORMATION CONTACT:

    Jerry Menikoff, M.D., J.D., Director, Office for Human Research Protections (OHRP), or Julia Gorey, J.D., Executive Director, SACHRP; U.S. Department of Health and Human Services, 1101 Wootton Parkway, Suite 200, Rockville, Maryland 20852; 240-453-8141; fax: 240-453-6909; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the authority of 42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended, SACHRP was established to provide expert advice and recommendations to the Secretary of Health and Human Services, through the Assistant Secretary for Health, on issues and topics pertaining to or associated with the protection of human research subjects.

    The meeting will open to the public at 8:30 a.m., on Tuesday, March 24. Following opening remarks from Dr. Jerry Menikoff, Executive Secretary of SACHRP and OHRP Director, and Dr. Jeffrey Botkin, SACHRP Chair, Dr. Botkin and invited speakers will discuss issues surrounding the use of newborn dried bloodspots in research. The Subpart A Subcommittee (SAS) report will follow; SAS will discuss draft recommendations on the research uses of newborn dried bloodspots and the Newborn Screening Saves Lives Reauthorization Act of 2014. SAS was established by SACHRP in October 2006 and is charged with developing recommendations for consideration by SACHRP regarding the application of subpart A of 45 CFR part 46 in the current research environment.

    In the afternoon of March 24, the Subcommittee on Harmonization (SOH) will present their report; SOH was established by SACHRP at its July 2009 meeting and charged with identifying and prioritizing areas in which regulations and/or guidelines for human subjects research adopted by various agencies or offices within HHS would benefit from harmonization, consistency, clarity, simplification and/or coordination. SOH will present recommendations on the research use of “big data” and the intersection of the HHS and FDA regulations.

    On March 25, the SOH will discuss the return of individual research results with special considerations regarding HIPAA and CLIA; this will be followed by presentation of SOH recommendations on the FDA draft guidance “General Clinical Pharmacology Considerations for Pediatric Studies for Drugs and Biologics.” The meeting will adjourn at 4:30 p.m. March 25, 2015. Time for public comment sessions will be allotted both days.

    Public attendance at the meeting is limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify one of the designated SACHRP points of contact at the address/phone number listed above at least one week prior to the meeting. Pre-registration is required for participation in the on-site public comment session; individuals may pre-register the day of the meeting. Individuals who would like to submit written statements should email or fax their comments to SACHRP at [email protected] at least five business days prior to the meeting.

    Dated: February 23, 2015. Jerry Menikoff, Executive Secretary, Secretary's Advisory Committee on Human Research Protections, Director, Office for Human Research Protections.
    [FR Doc. 2015-04120 Filed 2-26-15; 8:45 am] BILLING CODE 4150-36-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-1696 and CMS-10417] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (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.

    DATES:

    Comments must be received by April 28, 2015.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ____, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION: Contents

    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES).

    CMS-1696 Appointment of Representative

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.

    Information Collection

    1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Appointment of Representative; Use: The Appointment of Representative form is completed by beneficiaries, providers and suppliers, and any party seeking to appoint a representative to assist them with their initial determinations and filing appeals. This extension request proposes non-substantive changes to the form. Form Number: CMS-1696 (OMB control number 0938-0950); Frequency: Once; Affected Public: Individuals and households and the Private sector (Business or other for-profits); Number of Respondents: 4,073,960; Total Annual Responses: 407,396; Total Annual Hours: 101,849. (For policy questions regarding this collection contact Katherine Hosna at 410-786-4993).

    2. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Medicare Fee-for-Service Prepayment Medical Review; Use: The information required under this collection is requested by Medicare contractors to determine proper payment or if there is a suspicion of fraud. Medicare contractors request the information from providers or suppliers submitting claims for payment from the Medicare program when data analysis indicates aberrant billing patterns or other information which may present a vulnerability to the Medicare program. Form Number: CMS-10417 (OMB control number: 0938-0969); Frequency: Occasionally; Affected Public: Private Sector (Business or other for-profit and Not-for-profit institutions); Number of Respondents: 3,211,800; Total Annual Responses: 3,211,800; Total Annual Hours: 1,597,950. (For policy questions regarding this collection contact Debbie Skinner at 410-786-7480.)

    Dated: February 24, 2015. William N. Parham, III Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2015-04115 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier CMS-10341 and CMS-10522] Agency Information Collection Activities: Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including any of the following subjects: (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.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by March 30, 2015.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 or Email: [email protected].

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Affordable Care Act Information and Collection Requirements for Section 1115 Demonstration Projects; Use: This collection is necessary to ensure that states comply with regulatory and statutory requirements related to the development, implementation and evaluation of demonstration projects. States seeking waiver authority under Section 1115 are required to meet certain requirements for public notice, the evaluation of demonstration projects, and reports to the Secretary on the implementation of approved demonstrations. Form Number: CMS-10341 (OMB control number 0938-1162); Frequency: Yearly; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 37; Total Annual Responses: 130; Total Annual Hours: 13,910. (For policy questions regarding this collection contact Lane Terwilliger at 410-786-2059.)

    2. Type of Information Collection Request: New collection (Request for a new OMB control number); Title of Information Collection: Executive Summary Form for Research Identifiable Data; Use: The Centers for Medicare & Medicaid Services (CMS) is responsible for administering the Medicare, Medicaid and State Children's Health Insurance Programs. We collect data to support the Agency's mission and operations. These data include information about Medicare beneficiaries, Medicare claims, Medicare providers, and Medicaid eligibility and claims. We disclose the identifiable data consistent with the routine uses identified in the Privacy Act Systems of Records notices that are published in the Federal Register and the limitations on uses and disclosures that are set out in the HIPAA Privacy Rule.

    All requests for identifiable data are received and reviewed by the Division of Privacy Operations & Compliance (DPOC) in the Office of E-Health Standards and Services. The DPOC staff and the CMS Privacy Officer review the requests to determine if there is legal authorization for disclosure of the data. If legal authorization exists, the request is reviewed to ensure that the minimal data necessary is requested and approved for the project. Requests for identifiable data for research purposes must be submitted to and approved by the CMS Privacy Board. To assist the CMS Privacy Board with its review of research data requests, OIPDA has developed the Executive Summary (ES) forms. The ES collects all the information that the CMS Privacy Board needs to review and make a determination on whether the request meets the requirements for release of identifiable data for research purposes. We currently have three versions of the ES Form and an ES Supplement for Requestors of the National Death Index (NDI) Causes of Death Variables. Each meets the need for a different type of requestor. Form Number: CMS-10522 (OMB control number: 0938-New); Frequency: On occasion; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 325; Total Annual Responses: 325; Total Annual Hours: 650. (For policy questions regarding this collection contact Kim Elmo at 410-786-0161.)

    Dated: February 24, 2015. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2015-04113 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-7036-N] Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs; Renewal of the Advisory Panel on Outreach and Education (APOE) and Request for Nominations AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the renewal of the Advisory Panel (the Panel) on Outreach and Education (APOE) charter. It also requests nominations for individuals to serve on the APOE.

    DATES:

    Nominations will be considered if we receive them at the appropriate address, provided in the ADDRESSES section of this notice, no later than 5 p.m., Eastern Daylight Time (e.d.t.) on March 30, 2015.

    ADDRESSES:

    Mail nominations to the following address: Abigail Huffman, Designated Federal Official, Office of Communications, CMS, 7500 Security Boulevard, Mail Stop S1-13-05, Baltimore, MD 21244-1850 or email nominations to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Abigail Huffman, Designated Federal Official, Office of Communications, CMS, 7500 Security Boulevard, Mail Stop S1-13-05, Baltimore, MD 21244, 410-786-0897, email [email protected] or visit the Web site at http://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/APOE.html. Press inquiries are handled through the CMS Press Office at (202) 690-6145.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Advisory Panel (the Panel) on Medicare Education (the predecessor to the APOE) was created in 1999 to advise and make recommendations to the Secretary of the U.S. Department of Health and Human Services (HHS), and the Administrator of the Centers for Medicare & Medicaid Services (CMS) on the effective implementation of national Medicare education programs, including with respect to the Medicare+Choice (M+C) program added by the Balanced Budget Act of 1997 (Pub. L. 105-33).

    The Medicare Modernization Act of 2003 (MMA) (Pub. L. 108-173) expanded the existing health plan options and benefits available under the M+C program and renamed it the Medicare Advantage (MA) program. We have had substantial responsibilities to provide information to Medicare beneficiaries about the range of health plan options available and better tools to evaluate these options. Successful MA program implementation required us to consider the views and policy input from a variety of private sector constituents and to develop a broad range of public-private partnerships.

    In addition, the Secretary, and by delegation, the Administrator of CMS was authorized under Title I of MMA to establish the Medicare prescription drug benefit. The drug benefit allows beneficiaries to obtain qualified prescription drug coverage. In order to effectively administer the MA program and the Medicare prescription drug benefit, we have substantial responsibilities to provide information to Medicare beneficiaries about the range of health plan options and benefits available, and to develop better tools to evaluate these plans and benefits.

    The Affordable Care Act (Patient Protection and Affordable Care Act, Pub. L. 111-148 and Health Care and Education Reconciliation Act of 2010, Pub. L. 111-152) expanded the availability of other option for health care coverage and enacted a number of changes to Medicare as well as to Medicaid and the Children's Health Insurance Program (CHIP). Qualified individuals and qualified employers are now able to purchase private health insurance coverage through competitive marketplace called Affordable Insurance Exchange, (also called Health Insurance Marketplace, or “Marketplace”). In order to effectively implement and administer these changes, we must provide information to consumers, providers, and other stakeholders pursuant to education and outreach programs regarding how these programs will change and the expanded range of health coverage options available, including private health insurance coverage through the Marketplace. The APOE allows us to consider a broad range of views and information from interested audiences in connection with this effort and to identify opportunities to enhance the effectiveness of education strategies concerning the Affordable Care Act.

    II. Provisions of This Notice A. Renewal of the APOE

    Pursuant to the charter approved on January 21, 2015, the APOE was renewed. The APOE will advise HHS and CMS on developing and implementing education programs that support individuals with or who are eligible for Health Insurance Marketplace, Medicare, Medicaid, and the CHIP about options for selecting health care coverage under these and other programs envisioned under health care reform to ensure improved access to quality care, including prevention services. The scope of this Federal Advisory Committee Act (FACA) group also includes advising on education of providers and stakeholders with respect to the Affordable Care Act and certain provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA).

    The charter will terminate on January 21, 2017, unless renewed by appropriate action. The APOE was chartered under 42 U.S.C. 222 of the Public Health Service Act, as amended. The APOE is governed by provisions of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees.

    Pursuant to the renewed charter, the APOE will advise the Secretary and the Administrator concerning optimal strategies for the following:

    • Developing and implementing education and outreach programs for individuals enrolled in, or eligible for, Medicare, Medicaid, and the Children's Health Insurance Program (CHIP), or coverage available through the Health Insurance Marketplace.

    • Enhancing the federal government's effectiveness in informing Health Insurance Marketplace, Medicare, Medicaid, and CHIP consumers, issuers, providers, and stakeholders pursuant to education and outreach programs of issues regarding these programs, including the appropriate use of public-private partnerships to leverage the resources of the private sector in educating beneficiaries, providers, and stakeholders.

    • Expanding outreach to vulnerable and underserved communities, including racial and ethnic minorities, in the context of Health Insurance Marketplace, Medicare, Medicaid, and CHIP education programs.

    • Assembling and sharing an information base of “best practices” for helping consumers evaluate health coverage options.

    • Building and leveraging existing community infrastructures for information, counseling, and assistance.

    • Drawing the program link between outreach and education, promoting consumer understanding of health care coverage choices, and facilitating consumer selection/enrollment; which in turn support the overarching goal of improved access to quality care, including prevention services, envisioned under the Affordable Care Act.

    B. Requests for Nominations

    The APOE shall consist of no more than 20 members. The Chair shall either be appointed from among the 20 members, or a federal official will be designated to serve as the Chair. The charter requires that meetings shall be held approximately four times per year. Members will be expected to attend all meetings. The members and the Chair shall be selected from authorities knowledgeable in one or more of the following fields:

    • Senior citizen advocacy • Outreach to minority and underserved communities • Health communications • Disease-related advocacy • Disability policy and access • Health economics research • Behavioral health • Health insurers and plans • Health IT • Social media • Direct patient care • Matters of labor and retirement Representatives of the general public may also serve on the APOE.

    This notice also announces that in July 2015, there will be 11 expired terms of membership and in October 2015, there will be an additional 2 expired terms of membership. This notice is an invitation to interested organizations or individuals to submit their nominations for membership for all 13 vacancies on the APOE (no self-nominations will be accepted). The Administrator will appoint new members to the APOE from among those candidates determined to have the expertise required to meet specific agency needs, and in a manner to ensure an appropriate balance of membership. We have an interest in ensuring that the interests of both women and men, members of all racial and ethnic groups, and disabled individuals are adequately represented on the APOE. Therefore, we encourage nominations of qualified candidates who can represent these interests. Any interested organization or person may nominate one or more qualified persons.

    Each nomination must include a letter stating that the nominee has expressed a willingness to serve as a Panel member and must be accompanied by a curricula vitae and a brief biographical summary of the nominee's experience.

    While we are looking for experts in a number of fields, our most critical needs are for experts in aging, social media, tribal affairs, matters of labor and retirement, health economics research, behavioral health, health insurers and plans, direct patient care, racial/ethnic health/disparities, disability, quality, pharmacy, social work, rural health, CHIP, and state programs/Medicaid.

    We are requesting that all curricula vitae include the following:

    • Date of birth • Place of birth • Title and current position • Professional affiliation • Home and business address • Telephone and fax numbers • Email address • List of areas of expertise Phone interviews of nominees may also be requested after review of the nominations.

    In order to permit an evaluation of possible sources of conflict of interest, potential candidates will be asked to provide detailed information concerning such matters as financial holdings, consultancies, and research grants or contracts.

    Members are invited to serve for 2-year terms, contingent upon the renewal of the APOE by appropriate action prior to its termination. A member may serve after the expiration of that member's term until a successor takes office. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term.

    III. Copies of the Charter

    The Secretary's Charter for the APOE is available on the CMS Web site at: http://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/APOE.html or you may obtain a copy of the charter by submitting a request to the contact listed in the FOR FURTHER INFORMATION CONTACT section of this notice.

    Authority:

    Sec. 222 of the Public Health Service Act (42 U.S.C. 217a) and sec. 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, sec. 10(a) and 41 CFR 102-3).

    (Catalog of Federal Domestic Assistance Program No. 93.733, Medicare—Hospital Insurance Program; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: February 23, 2015. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-04174 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1636-N] Medicare Program: Notice of Four Membership Appointments to the Advisory Panel on Hospital Outpatient Payment AGENCY:

    Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces four new membership appointments to the Advisory Panel on Hospital Outpatient Payment (the Panel). The four new appointments to the Panel will each serve a four-year period. The new members have terms that began on January 14, 2015 and continue through January 31, 2019. The purpose of the Panel is to advise the Secretary of the Department of Health and Human Services and the Administrator of the Centers for Medicare & Medicaid Services concerning the clinical integrity of the Ambulatory Payment Classification groups and their relative payment weights. The Panel also addresses and makes recommendations regarding supervision of hospital outpatient services. The advice provided by the Panel will be considered as we prepare the annual updates for the hospital outpatient prospective payment system.

    DATES:

    March 30, 2015.

    ADDRESSES:

    Web site: For additional information on the Panel meeting dates, agenda topics, copy of the charter, and updates to the Panel's activities, we refer readers to our Web site at the following address: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.html.

    FOR FURTHER INFORMATION CONTACT:

    Designated Federal Official (DFO): Carol Schwartz, DFO, 7500 Security Boulevard, Mail Stop: C4-04-25, Woodlawn, MD 21244-1850. Phone: (410) 786-3985. Email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    The Secretary of the Department of Health and Human Services (the Secretary) is required by section 1833(t)(9)(A) of the Social Security Act (the Act) (42 U.S.C. 1395l(t)(9)(A)) and is allowed by section 222 of the Public Health Service Act (PHS Act) (42 U.S.C. 217(a)) to consult with an expert outside advisory panel on the clinical integrity of the Ambulatory Payment Classification groups and relative payment weights, which are major elements of the Medicare Hospital Outpatient Prospective Payment System (OPPS), and the appropriate supervision level for hospital outpatient services. The Panel is governed by the provisions of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory panels. The Panel Charter provides that the Panel shall meet up to three times annually. We consider the technical advice provided by the Panel as we prepare the proposed and final rules to update the OPPS for the following calendar year.

    The Panel shall consist of a chair and up to 15 members who are full-time employees of hospitals, hospital systems, or other Medicare providers. The Secretary or a designee selects the Panel membership based upon either self-nominations or nominations submitted by Medicare providers and other interested organizations. New appointments are made in a manner that ensures a balanced membership under the FACA guidelines.

    The Panel presently consists of the following members and a Chair.

    • Edith Hambrick, M.D., J.D., Chair, CMS Medical Officer • Karen Borman, M.D., F.A.C.S. • Jim Nelson, M.B.A., C.P.A., F.H.F.M.A. • Leah Osbahr, M.A., M.P.H. • Jacqueline Phillips • Johnathan Pregler, M.D. • Traci Rabine • Michael Rabovsky, M.D. • Wendy Resnick, F.H.F.M.A. • Marianna V. Spanaki-Varelas, M.D., Ph.D., M.B.A. • Gale Walker • Kris Zimmer II. Provisions of the Notice

    We published a notice in the Federal Register on September 23, 2014, entitled “Medicare Program; Solicitation of Nominations to the Advisory Panel on Hospital Outpatient Payment (79 FR 56808). The notice solicited nominations for up to four new members to fill the vacancies on the Panel beginning September 30, 2014. As a result of that notice, we are announcing four new members to the Panel. The Panel currently consists of 11 members. The four new Panel members appointments are for four-year terms beginning on January 14, 2015.

    New Appointments to the Panel

    The four new members of the Panel with terms beginning on January 14, 2015 and continuing through January 31, 2019 are as follows:

    • Dawn L. Francis, M.D. • Ruth Lande • Michael K. Schroyer • Norman B. Thomson III, M.D. III. Collection of Information Requirements

    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 (44 U.S.C. 35).

    Dated: February 18, 2015. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-04175 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1465-N] Medicare Program; Public Meetings in Calendar Year 2015 for All New Public Requests for Revisions to the Healthcare Common Procedure Coding System (HCPCS) Coding and Payment Determinations AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the dates, time, and location of the Healthcare Common Procedure Coding System (HCPCS) public meetings to be held in calendar year 2015 to discuss our preliminary coding and payment determinations for all new public requests for revisions to the HCPCS. These meetings provide a forum for interested parties to make oral presentations or to submit written comments in response to preliminary coding and payment determinations. The discussion will be focused on responses to our specific preliminary recommendations and will include all items on the public meeting agenda. (Please note that two of CMS' 2015 HCPCS public meetings have a late starting time.)

    DATES:

    Meeting Dates: The following are the 2015 HCPCS public meeting dates:

    1. Thursday, May 7, 2015, 12 p.m. (noon) to 5 p.m. eastern daylight time (e.d.t.) (Drugs/Biologicals/Radiopharmaceuticals/Radiologic Imaging Agents).

    2. Friday, May 8, 2015, 9 a.m. to 5 p.m. eastern daylight time (e.d.t.) (Drugs/Biologicals/Radiopharmaceuticals/Radiologic Imaging Agents).

    3. Thursday, May 21, 2015, 10 a.m.. to 5 p.m. eastern daylight time (e.d.t.) (Supplies and Other).

    4. Friday, May 22, 2015, 9 a.m. to 5 p.m. eastern daylight time (e.d.t.) (Supplies and Other).

    5. Wednesday, May 27, 2015, 9 a.m. to 5 p.m. e.d.t. Durable Medical Equipment (DME) and Accessories; and Orthotics and Prosthetics (O&P).

    Deadlines for Primary Speaker Registration and Presentation Materials: The deadline for registering to be a primary speaker and submitting materials and writings that will be used in support of an oral presentation are as follows:

    • April 22, 2015 for the May 7, 2015 and May 8, 2015 public meetings.

    • May 7, 2015 for the May 21, 2015 and May 22, 2015 public meetings.

    • May 13, 2015 for the May 27, 2015 public meeting.

    Registration Deadline for Attendees That are Foreign Nationals: Attendees that are foreign nationals (as described in section IV. of this notice) are required to identify themselves as such, and provide the necessary information for security clearance (as described in section IV. of this notice) to the public meeting coordinator at least 12 business days in advance of the date of the public meeting the individual plans to attend. Therefore, the registration deadlines for attendees that are foreign nationals are as follows:

    • April 20, 2015 for the May 7, 2015 and May 8, 2015 public meetings.

    • May 5, 2015 for the May 21, 2015 and May 22, 2015 public meetings.

    • May 11, 2015 for the May 27, 2015 public meeting.

    Registration Deadlines for all Other Attendees: All individuals who are not foreign nationals who plan to enter the building to attend the public meeting must register for each date that they plan on attending. The registration deadlines are different for each meeting. Registration deadlines are as follows:

    • April 30, 2015 for the May 7, 2015 and May 8, 2015 public meetings.

    • May 14, 2015 for the May 21, 2015 and May 22, 2015 public meeting dates.

    • May 20, 2015 for the May 27, 2015 public meeting date.

    Deadlines for Requesting Special Accommodations: Individuals who plan to attend the public meetings and require sign-language interpretation or other special assistance must request these services by the following deadlines:

    • April 23, 2015 for the May 7, 2015 and May 8, 2015 public meetings.

    • May 7, 2015 for the May 21, 2015 and May 22, 2015 public meetings.

    • May 13, 2015 for the May 27, 2015 public meeting.

    Deadline for Submission of Written Comments: Written comments and other documentation in response to a preliminary coding or payment determination that are received by no later than the date of the public meeting at which the code request is scheduled for discussion, will be considered in formulating a final coding decision.

    ADDRESSES:

    Meeting Location: The public meetings will be held in the main auditorium of the central building of the Centers for Medicare and Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244-1850.

    Submission of Written Comments: Written comments may either be emailed to [email protected] or sent via regular mail to Jennifer Carver, HCPCS Public Meeting Coordinator, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mail Stop C5-08-27, Baltimore, MD 21244-1850.

    Registration and Special Accommodations: Individuals wishing to participate or who need special accommodations or both must register by completing the on-line registration located at www.cms.hhs.gov/medhcpcsgeninfo or by contacting Jennifer Carver at (410) 786-6610 or [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Carver at (410)786-6610 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    On December 21, 2000, the Congress passed the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) (Pub. L. 106-554). Section 531(b) of BIPA mandated that we establish procedures that permit public consultation for coding and payment determinations for new durable medical equipment (DME) under Medicare Part B of title XVIII of the Social Security Act (the Act). The procedures and public meetings announced in this notice for new DME are in response to the mandate of section 531(b) of BIPA.

    In the November 23, 2001 Federal Register (66 FR 58743), we published a notice providing information regarding the establishment of the public meeting process for DME. It is our intent to distribute any materials submitted to CMS to the Healthcare Common Procedure Coding System (HCPCS) workgroup members for their consideration. CMS and the HCPCS workgroup members require sufficient preparation time to review all relevant materials. Therefore, we are implementing a 10-page submission limit and firm deadlines for receipt of any presentation materials a meeting speaker wishes us to consider. For this reason, our HCPCS Public Meeting Coordinator will only accept and review presentation materials received by the deadline for each public meeting, as specified in the DATES section of this notice.

    The public meeting process provides an opportunity for the public to become aware of coding changes under consideration, as well as an opportunity for CMS to gather public input.

    II. Meeting Registration A. Required Information for Registration

    The following information must be provided when registering:

    • Name.

    • Company name and address.

    • Direct-dial telephone and fax numbers.

    • Email address.

    • Special needs information.

    A CMS staff member will confirm your registration by email.

    B. Registration Process 1. Primary Speakers

    Individuals must also indicate whether they are the “primary speaker” for an agenda item. Primary speakers must be designated by the entity that submitted the HCPCS coding request. When registering, primary speakers must provide a brief written statement regarding the nature of the information they intend to provide, and advise the HCPCS Public Meeting Coordinator regarding needs for audio/visual support. To avoid disruption of the meeting and ensure compatibility with our systems, tapes and disk files are tested and arranged in speaker sequence well in advance of the meeting. We will accept tapes and disk files that are received by the deadline for submissions for each public meeting as specified in the DATES section of this notice.

    Please note CMS' page limit for primary speaker presentation materials. The sum of all presentation materials and additional supporting documentation may not exceed 10 pages (each side of a page counts as 1 page). An exception will be made to the 10-page limit only for relevant studies newly published between the application deadline and the public meeting date, in which case, we would like a copy of the complete publication as soon as possible. This exception applies only to the page limit and not the submission deadline.

    The materials may be emailed or delivered by regular mail to the HCPCS Public Meeting Coordinator as specified in the ADDRESSES section of this notice. The materials must be emailed or postmarked no later than the deadline specified in the DATES section of this notice. Individuals will need to provide 35 copies if materials are delivered by mail.

    2. “5-Minute Speakers”

    To afford the same opportunity to all attendees, 5-minute speakers are not required to register as primary speakers. However, 5-minute speakers must still register as attendees by the deadline set forth under “Registration Deadlines for all Other Attendees” in the DATES section of this notice. Attendees can sign up only on the day of the meeting to do a 5-minute presentation. Individuals must provide their name, company name and address, contact information as specified on the sign-up sheet, and identify the specific agenda item that they will address.

    C. Additional Meeting/Registration Information

    Please note that two of CMS' 2015 HCPCS public meetings have a late starting time as noted in the DATES section of this notice. Also, we were able this year to combine the Orthotics/Prosthetics and DME meeting into one public meeting date as noted in the DATES section of this notice.

    The product category reported in the HCPCS code application by the applicant may not be the same as that assigned by us. Prior to registering to attend a public meeting, all participants are advised to review the public meeting agendas at www.cms.hhs.gov/medhcpcsgeninfo which identify our category determinations, and the dates each item will be discussed. Draft agendas, including a summary of each request and our preliminary decision will be posted on our HCPCS Web site at www.cms.hhs.gov/medhcpcsgeninfo at least 4 weeks before each meeting.

    Additional details regarding the public meeting process for all new public requests for revisions to the HCPCS, along with information on how to register and guidelines for an effective presentation, will be posted at least 4 weeks before the first meeting date on the official HCPCS Web site at www.cms.hhs.gov/medhcpcsgeninfo. The document titled “Guidelines for Participation in Public Meetings for All New Public Requests for Revisions to the Healthcare Common Procedure Coding System (HCPCS)” will be made available on the HCPCS Web site at least 4 weeks before the first public meeting in 2015 for all new public requests for revisions to the HCPCS. Individuals who intend to provide a presentation at a public meeting need to familiarize themselves with the HCPCS Web site and the valuable information it provides to prospective registrants. The HCPCS Web site also contains a document titled “Healthcare Common Procedure Coding System (HCPCS) Level II Coding Procedures,” which is a description of the HCPCS coding process, including a detailed explanation of the procedures used to make coding determinations for all the products, supplies, and services that are coded in the HCPCS.

    The HCPCS Web site also contains a document titled “HCPCS Decision Tree & Definitions” which illustrates, in flow diagram format, HCPCS coding standards as described in our Coding Procedures document.

    A summary of each public meeting will be posted on the HCPCS Web site by the end of August 2015.

    III. Presentations and Comment Format

    We can only estimate the amount of meeting time that will be needed since it is difficult to anticipate the total number of speakers that will register for each meeting. Meeting participants should arrive early to allow time to clear security and sign-in. Each meeting is expected to begin promptly as scheduled. Meetings may end earlier than the stated ending time.

    A. Oral Presentation Procedures

    All primary speakers must register as provided under the section titled “Meeting Registration.” Materials and writings that will be used in support of an oral presentation should be submitted to the HCPCS Public Meeting Coordinator.

    The materials may be emailed or delivered by regular mail to the HCPCS Public Meeting Coordinator as specified in the ADDRESSES section of this notice. The materials must be emailed or postmarked no later than the deadline specified in the DATES section of this notice. Individuals will need to include 35 copies if materials are delivered by mail.

    B. Primary Speaker Presentations

    The individual or entity requesting revisions to the HCPCS coding system for a particular agenda item may designate one “primary speaker” to make a presentation for a maximum of 15 minutes. Fifteen minutes is the total time interval for the presentation, and the presentation must incorporate any demonstration, set-up, and distribution of material. In establishing the public meeting agenda, we may group multiple, related requests under the same agenda item. In that case, we will decide whether additional time will be allotted, and may opt to increase the amount of time allotted to the speaker by increments of less than 15 minutes.

    Individuals designated to be the primary speaker must register to attend the meeting using the registration procedures described under the “Meeting Registration” section of this notice and contact one of the HCPCS Public Meeting Coordinators, specified in the ADDRESSES section. Primary speakers must also separately register as primary speakers by the date specified in the DATES section of this notice.

    C. “5-Minute” Speaker Presentations

    Meeting attendees can sign up at the meeting, on a first-come, first-served basis, to make presentations for up to 5 minutes on individual agenda items. Based on the number of items on the agenda and the progress of the meeting, a determination will be made at the meeting by the meeting coordinator and the meeting moderator regarding how many “5-minute speakers” can be accommodated and/or whether the 5-minute time allocation would be reduced, to accommodate the number of speakers.

    D. Speaker Declaration

    On the day of the meeting, before the end of the meeting, all primary speakers and 5-minute speakers must provide a brief written summary of their comments and conclusions to the HCPCS Public Meeting Coordinator.

    Every primary speaker and 5-minute speaker must declare at the beginning of their presentation at the meeting, as well as in their written summary, whether they have any financial involvement with the manufacturers or competitors of any items being discussed; this includes any payment, salary, remuneration, or benefit provided to that speaker by the manufacturer or the manufacturer's representatives.

    E. Written Comments From Meeting Attendees

    Written comments will be accepted from the general public and meeting registrants anytime up to the date of the public meeting at which a request is discussed. Comments must be sent to the address listed in the ADDRESSES section of this notice.

    Meeting attendees may also submit their written comments at the meeting. Due to the close timing of the public meetings, subsequent workgroup reconsiderations, and final decisions, we are able to consider only those comments received in writing by the close of the public meeting at which the request is discussed.

    IV. Security, Building, and Parking Guidelines

    The meetings are held within the CMS Complex which is not open to the general public. Visitors to the complex are required to show a valid Government issued photo identification preferably a driver's license, at the time of entry. Participants will also be subject to a vehicle security inspection before access to the complex is granted. Participants not in possession of a valid identification or who are in possession of prohibited items will be denied access to the complex. Prohibited items on federal property include but are not limited to, alcoholic beverages, illegal narcotics, explosives, firearms or other dangerous weapons (including pocket knives), dogs or other animals except service animals. Once cleared for entry to the complex participants will be directed to visitor parking by a security officer.

    In order to ensure expedited entry into the building it is recommended that participants have their ID and a copy of their written meeting registration confirmation readily available and that they do not bring large/bulky items into the building. Participants are reminded that photography on the CMS complex is prohibited. CMS has also been declared a tobacco free campus and violators are subject to legal action. In planning arrival time, we recommend allowing additional time to clear security. Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The invited guests may not enter the building earlier than 45 minutes before the convening of the meeting each day.

    Guest access to the complex is limited to the meeting area, the main entrance lobby, and the cafeteria. If a visitor is found outside of those areas without proper escort they may be escorted off of the premises. Also be mindful that there will be an opportunity for everyone to speak and we request that everyone waits for the appropriate time to present their product or opinions. Disruptive behavior will not be tolerated and may result in removal from the meetings and escort from the complex. No visitor is allowed to attach USB cables, thumb drives or any other equipment to any CMS information technology (IT) system or hardware for any purpose at anytime. Additionally, CMS staff is prohibited from taking such actions on behalf of a visitor or utilizing any removable media provided by a visitor.

    We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for demonstration or to support a presentation. Special arrangements and approvals are required at least 2 weeks prior to each public meeting in order to bring pieces of equipment or medical devices. These arrangements need to be made with the public meeting coordinator. It is possible that certain requests made in advance of the public meeting could be denied because of unique safety, security or handling issues related to the equipment. A minimum of 2 weeks is required for approvals and security procedures. Any request not submitted at least 2 weeks in advance of the public meeting will be denied.

    Foreign National Visitors are defined as Non-U.S. Citizens, and non-lawful permanent residents, non-resident aliens or non-green-card holders.

    Attendees that are foreign nationals must identify themselves as such, and provide the following information for security clearance to the public meeting coordinator by the date specified in the DATES section of this notice:

    • Building to Visit/Destination.

    • Visit start date, start time, end date, end time.

    • Visitor full name.

    • Gender.

    • Visitor Title.

    • Visitor Organization/Employer.

    • Citizenship.

    • Birth Place (City, Country).

    • Date of Birth.

    • ID Type (Passport or State Department ID).

    • Passport issued by Country.

    • ID (passport) Number.

    • ID (passport) issue date.

    • ID (passport)expiration date.

    • Visa Type.

    • Visa Number.

    • Purpose of Visit.

    Dated: February 18, 2015. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-04178 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-7035-N] Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs; Meeting of the Advisory Panel on Outreach and Education (APOE), March 19, 2015 AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice of meeting.

    SUMMARY:

    This notice announces a meeting of the Advisory Panel on Outreach and Education (APOE) (the Panel) in accordance with the Federal Advisory Committee Act. The Panel advises and makes recommendations to the Secretary of the U.S. Department of Health and Human Services (HHS) and the Administrator of the Centers for Medicare & Medicaid Services (CMS) on opportunities to enhance the effectiveness of consumer education strategies concerning the Health Insurance Marketplace, Medicare, Medicaid, and the Children's Health Insurance Program (CHIP). This meeting is open to the public.

    DATES:

    Meeting Date: Thursday, March 19, 2015, 8:30 a.m. to 4:00 p.m. eastern standard time (e.s.t.).

    Deadline for Meeting Registration, Presentations and Comments: Thursday, March 5, 2015, 5:00 p.m., e.s.t.

    Deadline for Requesting Special Accommodations: Thursday, March 5, 2015, 5:00 p.m., e.s.t.

    ADDRESSES:

    Meeting Location: U.S. Department of Health & Human Services, Hubert H. Humphrey Building, 200 Independence Avenue SW., Room 738 G, Conference Room, Washington, DC 20201.

    Presentations and Written Comments: Abigail Huffman, Designated Federal Official (DFO), Division of Forum and Conference Development, Office of Communications, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mailstop S1-13-05, Baltimore, MD 21244-1850 or contact Ms. Huffman via email at [email protected]

    Registration: The meeting is open to the public, but attendance is limited to the space available. Persons wishing to attend this meeting must register at the Web site https://www.regonline.com/apoemar2015meeting or by contacting the DFO at the address listed in the ADDRESSES section of this notice or by telephone at number listed in the FOR FURTHER INFORMATION CONTACT section of this notice, by the date listed in the DATES section of this notice. Individuals requiring sign language interpretation or other special accommodations should contact the DFO at the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice.

    FOR FURTHER INFORMATION CONTACT:

    Abigail Huffman, (410) 786-0897. Additional information about the APOE is available on the Internet at: http://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/APOE.html.

    Press inquiries are handled through the CMS Press Office at (202) 690-6145.

    SUPPLEMENTARY INFORMATION:

    In accordance with section 10(a) of the Federal Advisory Committee Act (FACA), this notice announces a meeting of the Advisory Panel on Outreach and Education (APOE) (the Panel). Section 9(a)(2) of the Federal Advisory Committee Act authorizes the Secretary of the U.S. Department of Health and Human Services (HHS) (the Secretary) to establish an advisory panel if the Secretary determines that the panel is “in the public interest in connection with the performance of duties imposed * * * by law.” Such duties are imposed by section 1804 of the Social Security Act (the Act), requiring the Secretary to provide informational materials to Medicare beneficiaries about the Medicare program, and section 1851(d) of the Act, requiring the Secretary to provide for “activities * * * to broadly disseminate information to [M]edicare beneficiaries * * * on the coverage options provided under [Medicare Advantage] in order to promote an active, informed selection among such options.”

    The Panel is also authorized by section 1114(f) of the Act (42 U.S.C. 1314(f)) and section 222 of the Public Health Service Act (42 U.S.C. 217a). The Secretary signed the charter establishing the Panel on January 21, 1999 (64 FR 7899, February 17, 1999) and approved the renewal of the charter on December 18, 2012 (78 FR 32661, May 31, 2013).

    The Affordable Care Act (Patient Protection and Affordable Care Act, Pub. L. 111 148 and Health Care and Education Reconciliation Act of 2010, Pub. L. 111-152) expanded the availability of other options for health care coverage and enacted a number of changes to Medicare as well as to Medicaid and the Children's Health Insurance Program (CHIP). Qualified individuals and qualified employers are now able to purchase private health insurance coverage through competitive marketplace called Affordable Insurance Exchange, (also called Health Insurance Marketplace, or “Marketplace”). In order to effectively implement and administer these changes, we must provide information to consumers, providers and other stakeholders pursuant to education and outreach programs regarding how these programs will change and the expanded range of health coverage options available, including private health insurance coverage through the Marketplace. The APOE allows us to consider a broad range of views and information from interested audiences in connection with this effort and to identify opportunities to enhance the effectiveness of education strategies concerning the Affordable Care Act.

    This FACA group also advises on issues pertaining to education of providers and stakeholders with respect to the Affordable Care Act and certain provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA).

    Pursuant to the amended charter, the Panel advises and makes recommendations to the Secretary of HHS and the Administrator of the Centers for Medicare & Medicaid Services (CMS) concerning optimal strategies for the following:

    • Developing and implementing education and outreach programs for individuals enrolled in, or eligible for Medicare, Medicaid, and the Children's Health Insurance Program (CHIP), or health coverage available through the Health Insurance Marketplace.

    • Enhancing the federal government's effectiveness in informing Health Insurance Marketplace, Medicare, Medicaid, and CHIP consumers, issuers, providers, and stakeholders pursuant to education and outreach programs of issues regarding these and other health coverage programs, including the appropriate use of public-private partnerships to leverage the resources of the private sector in educating beneficiaries, providers, and stakeholders.

    • Expanding outreach to vulnerable and underserved communities, including racial and ethnic minorities, in the context of Health Insurance Marketplace, Medicare, Medicaid, and CHIP education programs.

    • Assembling and sharing an information base of “best practices” for helping consumers evaluate health coverage options.

    • Building and leveraging existing community infrastructures for information, counseling, and assistance.

    • Drawing the program link between outreach and education, promoting consumer understanding of health care coverage choices and facilitating consumer selection/enrollment, which in turn support the overarching goal of improved access to quality care, including prevention services, envisioned under the Affordable Care Act.

    The current members of the Panel are: Samantha Artiga, Principal Policy Analyst, Kaiser Family Foundation; Joseph Baker, President, Medicare Rights Center; Kellan Baker, Senior Fellow, Center for American Progress; Philip Bergquist, Manager, Health Center Operations, Children's Health Insurance Program Reauthorization Act (CHIPRA) Outreach & Enrollment Project and Director, Michigan Primary Care Association; Marjorie Cadogan, Executive Deputy Commissioner, Department of Social Services; Jonathan Dauphine, Senior Vice President, AARP; Barbara Ferrer, Chief Strategy Officer, W. K. Kellogg Foundation; Shelby Gonzales, Senior Health Outreach Associate, Center on Budget & Policy Priorities; Jan Henning, Benefits Counseling & Special Projects Coordinator, North Central Texas Council of Governments' Area Agency on Aging; Louise Knight, Director, The Sidney Kimmel Comprehensive Cancer Center at Johns Hopkins; Miriam Mobley-Smith, Dean, Chicago State University, College of Pharmacy; Ana Natale-Pereira, M.D., Associate Professor of Medicine, Rutgers-New Jersey Medical School; Roanne Osborne-Gaskin, M.D., Associate Medical Director, Neighborhood Health Plan of Rhode Island; Megan Padden, Vice President, Sentara Health Plans; Jeanne Ryer, Director, New Hampshire Citizens Health Initiative, University of New Hampshire; Carla Smith, Executive Vice President, Healthcare Information and Management Systems Society (HIMSS); Winston Wong, Medical Director, Community Benefit Director, Kaiser Permanente and Darlene Yee-Melichar, Professor & Coordinator, San Francisco State University.

    The agenda for the March 19, 2015 meeting will include the following:

    • Welcome and listening session with CMS leadership • Recap of the previous (December 15, 2014) meeting • Affordable Care Act initiatives • An opportunity for public comment • Meeting summary, review of recommendations, and next steps

    Individuals or organizations that wish to make a 5-minute oral presentation on an agenda topic should submit a written copy of the oral presentation to the DFO at the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice. The number of oral presentations may be limited by the time available. Individuals not wishing to make an oral presentation may submit written comments to the DFO at the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice.

    Authority:

    Sec. 222 of the Public Health Service Act (42 U.S.C. 217a) and sec. 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, sec. 10(a) and 41 CFR 102-3).

    Dated: February 23, 2015. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-04173 Filed 2-26-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Title: Understanding the Intersection Between TANF and Refugee Cash Assistance Services.

    OMB No.: New Collection.

    Description: The Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS) is proposing data collection activities as part of a project to understand the intersection between Temporary Assistance for Needy Families (TANF) and Refugee Cash Assistance (RCA). The goal of this project is to help ACF better understand how the variety of systems that assist refugees collaborate to promote common goals of self-sufficiency and employment, and how refugees' experiences might differ depending on the structure of the state (or local) program arrangements. To achieve this goal, this study aims to document what states are doing to help refugees gain self-sufficiency; if and how states are integrating RCA, TANF, and associated services to better meet the needs of refugees; and what data is collected currently, or might be collected in the future, to better understand refugee resettlement services and suggest future areas for inquiry.

    The proposed data collection activities described in this notice will collect data about state policies and practices; how TANF, RCA, and associated services are provided; the respective roles of the various agencies and organizations in serving participants; how the agencies and organizations integrate services internally and/or collaborate with other organizations; refugee populations served; approaches to addressing the particular barriers refugees face; promising practices and strategies for assisting refugees; gaps in services; local labor market conditions; and experiences of refugees accessing services through these programs.

    The proposed information collection activities include:

    (1) The survey of state refugee coordinators will be administered to state refugee coordinators in each state and the District of Columbia. The survey will collect information about state policies and practices.

    (2) The four site visit interview guides will collect information about how TANF, RCA, and associated services are provided; the respective roles of the various agencies and organizations in serving participants; how the agencies and organizations integrate services internally and/or collaborate with other organizations; approaches to addressing the particular barriers refugees face; promising practices and strategies for assisting refugees; gaps in services; data maintained by programs serving refugees; and local labor market conditions.

    (3) The focus group guide will collect information from program participants about the services they received how they were delivered, their experiences attempting to achieve self—sufficiency within a rapid timeframe, and the challenges they have faced.

    Respondents: Individuals receiving RCA, TANF, and related services; State Refugee Coordinators; Managers and staff at local TANF offices; local resettlement agency staff; community-based organization staff providing services to refugees; staff operating alternative cash assistance programs for refugees such as Public/Private Partnerships(s) and Wilson/Fish programs (if different from the local resettlement agency); and staff from other programs providing employability and social adjustment and cultural orientation services to refugees.

    Annual Burden Estimates Instrument Total number of respondents Annual
  • number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Annual burden hours
    Survey of State Refugee Coordinators 50 25 1 .5 13 Site Visit Interview Guide for Public Agency Temporary Assistance for Needy Families Managers and Staff 40 20 1 1.5 30 Site Visit Interview Guide for Public Agency Refugee Cash Assistance Managers and Staff 40 20 1 1.5 30 Site Visit Interview Guide for Voluntary Agency Staff 40 20 1 1.5 30 Site Visit Interview Guide for Other Community- Based Organization Staff 40 20 1 1.5 30 Focus Group Guide 72 36 1 1.5 54

    Estimated Total Annual Burden Hours: 187.

    In compliance with the requirements of Section 3506(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: OPRE Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department 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 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.

    Karl Koerper, Reports Clearance Officer.
    [FR Doc. 2015-04101 Filed 2-26-15; 8:45 am] BILLING CODE 4184-07-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects

    Title: Collection Requirements for the Low Income Home Energy Assistance Program (LIHEAP) ACF-535 Quarterly Allocation Estimates.

    OMB No.: 0970-0037.

    Description: The LIHEAP Quarterly Allocation Estimates, ACF Form-535 is a one-page form that is sent to 50 State grantees and to the District of Columbia. Grantees are asked to complete and submit the form in the 4th quarter of each year for the upcoming federal fiscal year. The data collected on the form are grantees' estimates of obligations based on percent of funds they expect to make each quarter for the upcoming federal fiscal year for LIHEAP. This is the only method used to request anticipated distributions of the grantees LIHEAP funds. The information is used to develop apportionment requests to OMB and to make grant awards based on grantees anticipated needs. Information collected on this form is not available through any other Federal source. Submission of the form is voluntary.

    Respondents: State Governments and the District of Columbia.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours
  • per response
  • Total burden hours
    LIHEAP Quarterly Allocation Estimates, ACF-535 51 1 0.25 12.75 Estimated Total Annual Burden Hours 12.75

    In compliance with the requirements of Section 3506(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.

    The Department 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 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. 2015-04138 Filed 2-26-15; 8:45